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CONTENTS
1 INTRODUCTION 1This part provides an introduction to statutory access rights and
responsibilities, sets out three key principles to underpin the
definition of responsible behaviour within the Code, and briefly
explains the purpose and status of the Code.
2 ACCESS RIGHTS 5This part describes where, when and for what activities you can
exercise access rights, where these rights do not apply and
which activities fall outside their scope.
3 EXERCISING ACCESS RIGHTS RESPONSIBLY 17This part explains how people can exercise access rights
responsibly. The main responsibilities are then described:
• take responsibility for your own actions
(paragraphs 3.8 to 3.12);
• respect people’s privacy and peace of mind
(paragraphs 3.13 to 3.21);
• help land managers and others to work safely and effectively
(paragraphs 3.22 to 3.42);
• care for your environment (paragraphs 3.43 to 3.52);
• keep your dog under proper control (paragraphs 3.53 to 3.56);
and
• take extra care if you are organising a group, an event or
running a business (paragraphs 3.57 to 3.64).
4 MANAGING LAND AND WATER RESPONSIBLY FORACCESS 53This part explains how land managers can manage their land
and water responsibly in relation to access rights. The main
responsibilities are then described:
• respect access rights in managing your land or water
(paragraphs 4.7 to 4.10);
• act reasonably when asking people to avoid land
management operations (paragraphs 4.11 to 4.17);
• work with your local authority and other bodies to help
integrate access and land management
(paragraphs 4.18 to 4.22); and
• take account of access rights if you manage contiguous land
or water (paragraphs 4.23 to 4.25).
5 A PRACTICAL GUIDE TO ACCESS RIGHTS ANDRESPONSIBILITIES 69This part provides a practical guide to help people decide what
best to do in everyday situations, including canoeing, cycling,
deer stalking, farmyards, fields, fishing, forests and woods, golf
courses, grouse shooting, horse riding, sporting events and wild
camping.
6 WHERE TO GET HELP AND INFORMATION 117This part summarises where you can get more advice and
information, how access and recreation can be managed, and
what you should do if you encounter someone behaving
irresponsibly.
ANNEX 1 Existing criminal offences createdby statute 125
This annex provides an overview of the main criminal offences
created by statute.
INDEX 131
1
Part 1 INTRODUCTION
Statutory access rights and responsibilities
1.1 Scotland’s outdoors, extending from the parks and openspaces in our towns to the remote and wild areas of land andwater in the Highlands, provides great opportunities foropen-air recreation and education. Open-air recreation providespeople with great benefits for their health and well-being andcontributes to the good of society in many other ways. Part 1of the Land Reform (Scotland) Act 2003 gives everyonestatutory access rights to most land and inland water. Peopleonly have these rights if they exercise them responsibly byrespecting people’s privacy, safety and livelihoods, andScotland’s environment. Equally, land managers have tomanage their land and water responsibly in relation to accessrights.
1.2 The Scottish Outdoor Access Code provides detailed guidanceon the responsibilities of those exercising access rights and ofthose managing land and water. By doing so, the Codeprovides a practical guide to help everyone make informeddecisions about what best to do in everyday situations, andprovides the starting point for short promotional codes andmore detailed advice.
1.3 The Code is based on three key principles and these applyequally to the public and to land managers.
• Respect the interests of other people. Acting withcourtesy, consideration and awareness is very important. Ifyou are exercising access rights, make sure that you respectthe privacy, safety and livelihoods of those living or workingin the outdoors, and the needs of other people enjoying the
2
outdoors. If you are a land manager, respect people’s use ofthe outdoors and their need for a safe and enjoyable visit.
• Care for the environment. If you are exercising accessrights, look after the places you visit and enjoy, and leavethe land as you find it. If you are a land manager, helpmaintain the natural and cultural features which make theoutdoors attractive to visit and enjoy.
• Take responsibility for your own actions. If you areexercising access rights, remember that the outdoorscannot be made risk-free and act with care at all times foryour own safety and that of others. If you are a landmanager, act with care at all times for people’s safety.
The status of the Code
1.4 This Code has been approved by Ministers and the ScottishParliament. The detailed guidance in the Code should help toensure that few problems arise. However, if there is aproblem, the Code is expected to be a reference point fordetermining whether a person has acted responsibly. Forexample, where a dispute cannot be resolved and is referredto the Sheriff for determination, the Sheriff will considerwhether the guidance in the Code has been disregarded byany of the parties. In this sense, the Code may be said to haveevidential status. Failure to comply with the Code, however, isnot, of itself, an offence1.
1.5 Although the Code provides guidance on access rights andresponsibilities, it is not an authoritative statement of the law.Only the courts can provide this. Wherever possible, the Codemakes use of examples to help illustrate what a particularresponsibility means. These examples are not meant to beexhaustive.
1 Although legal offences do exist for many types of irresponsible or anti-social behaviour (see paragraphs 2.12 and 2.13, and Annex 1).
3
1.6 Advice on where to get help and information is provided inPart 6 of the Code.
Some key terms
1.7 Throughout the Code, references are made to seven generalterms for convenience:
• Land manager. The Land Reform (Scotland) Act 2003 refersto owners and occupiers, and these include landowners,farmers, crofters, tenants, foresters and fishery owners. Insome circumstances, this may include those acting forowners or occupiers where these other parties havepossession of the land (for example, land agents andcontractors). Many public bodies (see below) and voluntarybodies, such as the National Trust for Scotland, RoyalSociety for the Protection of Birds and the John Muir Trust,are also owners and occupiers of land. The term “landmanager” is used to cover all of these types of owner andoccupier.
• Outdoors. This term includes mountains, moorland,farmland (enclosed and unenclosed), forests, woods, rivers,lochs and reservoirs, beaches and the coastline, and openspaces in towns and cities.
• Public body. This term includes all GovernmentDepartments (including the Scottish Executive, Ministry ofDefence and NHS Boards), local authorities and the nationalpark authorities. It also includes a wide range of publicagencies with a role in providing access, in managing land orwater, or in promoting access to the outdoors, includingScottish Natural Heritage, British Waterways, ForestryCommission, visitscotland, sportscotland, Scottish Water,the local enterprise companies and the area tourist boards.
4
• Local authorities. References to local authorities should betaken to include the national park authorities. Both localauthorities and national park authorities have the sameduties and powers under Part 1 of the Land Reform(Scotland) Act 2003. Therefore, within a national park it isthe national park authority, rather than the local authority,which has the relevant duties and powers under the Act.
• Access rights. This term means the statutory access rightsestablished under the Land Reform (Scotland) Act 2003unless stated otherwise.
• Core paths. Local authorities have powers to establish andmaintain core paths. It is the duty of each local authority todraw up a plan for a system of core paths to give the publicreasonable access throughout their area.
• Land/Land and inland water. Access rights apply to mostland and inland water. References to land should be taken toinclude inland water.
5
Part 2 ACCESS RIGHTS
A summary of your access rights
1 Everyone, whatever their age or ability, has access rightsestablished by the Land Reform (Scotland) Act 2003. You onlyhave access rights if you exercise them responsibly.
2 You can exercise these rights, provided you do so responsibly,over most land and inland water in Scotland, includingmountains, moorland, woods and forests, grassland, marginsof fields in which crops are growing, paths and tracks, riversand lochs, the coast and most parks and open spaces. Accessrights can be exercised at any time of the day or night.
3 You can exercise access rights for recreational purposes (suchas pastimes, family and social activities, and more activepursuits like horse riding, cycling, wild camping and taking partin events), educational purposes (concerned with furthering aperson’s understanding of the natural and cultural heritage),some commercial purposes (where the activities are the sameas those done by the general public) and for crossing over landor water.
4 Existing rights, including public rights of way and navigation,and existing rights on the foreshore, continue.
5 The main places where access rights do not apply are:
• houses and gardens, and non-residential buildings andassociated land;
• land in which crops are growing;
• land next to a school and used by the school;
• sports or playing fields when these are in use and where theexercise of access rights would interfere with such use;
6
• land developed and in use for recreation and where theexercise of access rights would interfere with such use;
• golf courses (but you can cross a golf course provided youdon’t interfere with any games of golf);
• places like airfields, railways, telecommunication sites,military bases and installations, working quarries andconstruction sites; and
• visitor attractions or other places which charge for entry.
6 Local authorities can formally exempt land from access rightsfor short periods. Local authorities and some other publicbodies can introduce byelaws.
7 Access rights do not extend to:
• being on or crossing land for the purpose of doing anythingwhich is an offence, such as theft, breach of the peace,nuisance, poaching, allowing a dog to worry livestock,dropping litter, polluting water or disturbing certain wildbirds, animals and plants;
• hunting, shooting or fishing;
• any form of motorised recreation or passage (except bypeople with a disability using a vehicle or vessel adapted fortheir use);
• anyone responsible for a dog which is not under propercontrol; or to
• anyone taking away anything from the land for a commercialpurpose.
8 Statutory access rights do not extend to some places or tosome activities that the public have enjoyed on a customarybasis, often over a long period of time. Such access is notaffected by the Land Reform (Scotland) Act 2003 and willcontinue.
7
Introduction
2.1 The Land Reform (Scotland) Act 2003 establishes access rightsand these must be exercised responsibly. This part of the Codesummarises where and when you can exercise these rightsand for what purposes, and lists those areas where, andactivities to which, access rights do not apply. Understandingthe extent of access rights will help you to exercise themresponsibly.
Where and when you can exercise accessrights
2.2 Everyone, whatever their age or ability, can exercise accessrights over most land and inland water in Scotland, at any timeof day or night, providing they do so responsibly2. These rightsdo not extend to all places or to all activities (see paragraphs2.11 to 2.15). Provided you do so responsibly (see Parts 3 and5 of the Code), you can exercise access rights in places suchas:
• hills, mountains and moorland;
• woods and forests;
• most urban parks, country parks and other managed openspaces;
• rivers, lochs, canals and reservoirs;
• riverbanks, loch shores, beaches and the coastline;
• land in which crops have not been sown;
• on the margins of fields3 where crops are growing or havebeen sown;
2 Sections 1 and 2, Land Reform (Scotland) Act 20033 Section 7(10) of the Land Reform (Scotland) Act 2003 states land on which
crops are growing does not include “headrigs, endrigs or other margins of fields in which crops are growing”.
8
• grassland, including grass being grown for hay or silage(except when it is at such a late stage of growth that it islikely to be damaged);
• fields where there are horses, cattle and other farm animals;
• on all core paths agreed by the local authority4;
• on all other paths and tracks where these cross land onwhich access rights can be exercised;
• on grass sports or playing fields, when not in use, and onland or inland water developed or set out for a recreationalpurpose, unless the exercise of access rights wouldinterfere with the carrying on of that recreational use;
• golf courses, but only for crossing them and providing thatyou do not take access across greens or interfere with anygames of golf;
• on, through or over bridges, tunnels, causeways, launchingsites, groynes, weirs, boulder weirs, embankments of canalsand similar waterways, fences, walls or anything designedto facilitate access (such as gates or stiles).
2.3 You can also exercise access rights above5 or below the land(for example, you can exercise access rights in the air and incaves). Access rights apply under water as well as on thesurface.
2.4 You can exercise access rights at any time of the day or night,provided you do so responsibly. The Code provides specificguidance on responsible access at night (see paragraphs 3.19and 3.20).
4 Local authorities must produce, within three years of the legislation coming into force, core path plans setting out their proposals for a system of paths – called “core paths” – sufficient for the purpose of giving the public reasonableaccess throughout their areas.
5 Subject to any regulations governing the use of air space in any particular place.
9
2.5 Access rights do not apply on some types of land and theseare described in paragraph 2.11. Where some landmanagement operations are taking place, such as cropspraying or tree felling and harvesting, you might be asked toavoid using particular routes or areas for your own safety (seeparagraphs 3.24 to 3.28). In some places, local authorities andsome other public bodies may have introduced byelaws orother statutory regulations which might affect how you canexercise access rights (see paragraph 2.11).
What you can do under access rights
2.6 You can exercise access rights for recreational purposes, someeducational activities and certain commercial purposes, and forcrossing over land and water.
2.7 “Recreational purposes” is not defined in the legislation. It istaken to include:
• pastimes, such as watching wildlife, sightseeing, painting,photography and enjoying historic sites;
• family and social activities, such as short walks, dogwalking, picnics, playing, sledging, paddling or flying a kite;
• active pursuits, such as walking, cycling, horse riding andcarriage driving, rock climbing, hill-walking, running,orienteering, ski touring, ski mountaineering, caving,canoeing, swimming, rowing, windsurfing, sailing, diving, airsports and wild camping; and
• participation in events, such as walking or cyclingfestivals, hill running races, mountain marathons, mountainbiking competitions, long-distance riding events, orienteeringevents and canoeing competitions.
2.8 Access rights extend to any educational activities concernedwith furthering a person’s understanding of the natural or
10
cultural heritage6. For example, access rights would extend tothe students, leader and any support staff on a visit to theoutdoors to learn about wildlife or landscapes or geologicalfeatures. People carrying out field surveys of the natural orcultural heritage, such as of birds or plants, as a recreationalactivity or for educational purposes, are covered by accessrights (see paragraph 3.64).
2.9 Access rights extend to activities carried out commercially orfor profit, provided that these activities could also be carried onother than commercially or for profit (ie by the general publicfor recreational purposes or for educational activities or forcrossing land). For example, a mountain guide who is taking acustomer out hill-walking is carrying on a commercial activitybut this falls within access rights because the activity involved– hill-walking – could be done by anyone else exercising accessrights. The same would apply to a canoe instructor from acommercial outdoor pursuits centre with a party of canoeists.Other examples would be a commercial writer or photographerwriting about or taking photographs of the natural or culturalheritage.
2.10 Access rights can also be used to cross land and inland water.This means going into land or inland water, passing over it andthen leaving it for the purpose of getting from one place toanother place, and is not limited to recreational purposes oreducational activities. Access rights for recreational purposes,for relevant educational activities and for relevant commercialpurposes refer to going into, passing over and remaining onland or inland water for these purposes and then leaving it.
6 Section 1, Land Reform (Scotland) Act 2003. Natural heritage is defined as including the flora and fauna of the land, its geological and physiographical features and its natural beauty and amenity. Cultural heritage is defined as including structures and other remains resulting from human activity of all periods, traditions, ways of life and the historic, artistic and literary associations of people, places and landscapes.
11
Where do access rights not apply?
2.11 Access rights do not apply in the following places7.
• Land on which there is a house, caravan, tent or other placeaffording a person privacy or shelter, and sufficient adjacentland to enable those living there to have reasonablemeasures of privacy and to ensure that their enjoyment ofthe house or place is not unreasonably disturbed. The extentof this land may depend on the location and characteristicsof the house (see paragraphs 3.13 to 3.17).
• Gardens which are separated from houses but onlyaccessible to the residents who have common rights inthem (these are usually found in cities such as Edinburghand Glasgow).
• Land on which there is a building or other structure orworks, plant or fixed machinery, and land which forms thecurtilage of a building or which forms a compound or otherenclosure containing any structure, works, plant or fixedmachinery. Examples of non-residential buildings andstructures include: farm buildings and yards; animal and birdrearing pens; sports centres, pavilions and stands; clubhouses; factories; warehouses and storage areas; militarybases and other installations; pipelines; chemical and otherprocessing plants; canal locks and lifts; water treatment andsewage works; horticultural nurseries; and, fish farms andhatcheries.
• Land in which crops have been sown or are growing8. Cropsare taken to include cereals (such as wheat and barley),vegetables (such as potatoes, turnips and cabbages), fruits
7 Sections 6 and 7, Land Reform (Scotland) Act 20038 However, you can exercise statutory access rights on the margins of fields,
along paths and tracks, and on any unsown ground (see paragraphs 2.2 and 3.35 to 3.37).
12
(such as strawberries and raspberries). Grass being grownfor hay or silage and which is at such a late stage of growththat it is likely to be damaged by you exercising accessrights is a crop (see paragraph 3.37).
• Grass sports pitches or playing fields whilst they are in usefor their intended purpose (for example, you cannot exerciseyour access rights on a grass football field whilst there is afootball match in progress).
• Any sports pitch or playing field with an artificial surface(such as synthetic grass or rubber), whether or not in use.
• On golf greens, bowling greens, cricket squares, lawn tenniscourts or other similar area on which grass is grown andprepared for a particular recreational purpose, whether ornot in use.
• Land or water that has been developed or set out for arecreational purpose, whilst in use and where your exerciseof access rights would interfere with the recreational useintended for that land, such as horse racing gallops9.
• On land contiguous to any school and used by that school(such as a playing field).
• Places where you have to pay to go in10, such as castles,historic houses and gardens, historic sites, and visitorattractions.
9 Section 7 (8) of the Land Reform (Scotland) Act 2003 states that this does notinclude land on which groynes have been constructed, deepening of pools has been undertaken, fishing platforms have been erected or where other works for the purposes of fishing have taken place. Access rights can therefore be exercised in these places.
10 Section 6 (1)(f) of the Land Reform (Scotland) Act 2003 states that these are places where the public were admitted only on payment on at least 90 days inthe year to 31 January 2001 and on at least 90 days in each year thereafter.
13
• Building, civil engineering or demolition sites.
• Railway and airfield infrastructure and airports.
• Working quarries and other surface workings.
• Land or water where public access is, by or under any otherlegislation, prohibited, excluded or restricted. This wouldnormally be for safety grounds or public security reasons11.In some places, byelaws, management rules or otherregulations may have been introduced by a local authority orother similar public body and these may affect how you canexercise access rights. All byelaws need to be consistentwith the access provisions in the Land Reform (Scotland)Act 200312.
• Land exempted from access rights through an order madeby a local authority (for exemptions lasting for six or moredays, the order needs to be confirmed by Ministers and besubject to public consultation)13.
11 For example, military bases and other installations. On other land or water managed by the Ministry of Defence there is usually a presumption in favour of recreational access wherever this is compatible with the primary military purpose. Follow any local information on access to such land. See Part 5 for further information.
12 Local authorities and some other public bodies (see paragraph 6.7) can introduce byelaws. Section 30, Land Reform (Scotland) Act 2003 states that all byelaws must be reviewed and, if necessary, modified by the appropriate local authority or public body so that they are consistent with the provisions inthe Act. This must be done within two years of the Act coming into force.
13 Section 11, Land Reform (Scotland) Act 2003. This power might need to be used for some sporting events, such as motorised hill trials, car rallies and water skiing competitions, and some other events, such as agricultural shows, car boot sales, music festivals, wedding receptions and events involving the sale of goods or catering.
14
What activities are excluded from accessrights?
2.12 Access rights must be exercised in ways that are lawful andreasonable. By definition this excludes any unlawful or criminalactivity from the time at which it occurs. Furthermore, beingon or crossing land for the purpose of doing anything which isan offence or a breach of an interdict or other order of a courtis excluded from access rights. This means that a personintent on such a purpose is excluded from access rights at thetime they seek to enter the land. This is also taken to includethe carrying of any firearm, except where the person iscrossing land or water to immediately access land or water, orreturn from such, where shooting rights are granted, held orheld in trust or by any person authorised to exercise suchrights.
2.13 A list of the more obvious statutory offences relating topeople’s behaviour is provided at Annex 1. This list includespoaching, vandalism, not clearing up after your dog has fouledin a public place, being responsible for a dog worryinglivestock, dropping litter, polluting water, and disturbing wildbirds, animals and plants. There are also common lawoffences, such as breach of the peace.
2.14 The Land Reform (Scotland) Act 2003 excludes some otherconduct from access rights14, including:
• Hunting, shooting or fishing. These activities still require thepermission of the relevant owner.
• Motorised activities, such as motor biking and scrambling,off-road driving, the use of any powered craft on water,microlighting, and the use of powered model craft. Theseactivities still require the permission of the relevant owner ormanager. Access rights, however, do extend to a person
14 Section 9, Land Reform (Scotland) Act 2003
15
with a disability who is using a motorised vehicle or vesselbuilt or adapted for use by that person15.
• Being on or crossing land while responsible for a dog that isnot under proper control (see paragraph 3.55).
• Being on or crossing land or water for the purpose of takingaway, for commercial purposes or for profit, anything in oron the land or water (for example, mushrooms or berriespicked for commercial use, or gravel and stones).
What about public rights of way andnavigation?
2.15 Public rights of way are different from access rights and havebeen recognised in Scots law for centuries and are a valuablepart of our cultural heritage. For a right of way to beestablished under the common law, it must run from onepublic place to another public place along a more or lessdefined route (it need not be an identifiable path), and it musthave been used openly and peaceably by the public, otherwisethan with the permission, express or implied, of the landowner,for at least 20 years. Many rights of way have beenestablished for walkers only, but some have been establishedfor use by horse riders and cyclists, and a small number existfor motorised vehicular use.
2.16 All public rights of way will continue to exist16 and areunaffected by the Land Reform (Scotland) Act 200317. You canexercise access rights over public rights of way where theseroutes pass over the land listed in paragraph 2.2. Where apublic right of way passes over land excluded from accessrights, such as the land associated with a building or land onwhich crops are growing, you can still use the route as a right
15 Subject to the Highway Code being adhered to.16 Information on rights of way is available from local authorities. Also see
www.outdooraccess-scotland.com for links to other appropriate bodies.17 Section 5, Land Reform (Scotland) Act 2003
16
of way. Although access rights do not extend to the use ofmotorised vehicles, you can still use a vehicular right of waywhere it has been established.
2.17 Existing public rights of navigation will continue on navigablelochs and rivers.
What about public rights on the foreshore?
2.18 Public rights on the foreshore18 and in tidal waters will continueto exist. These have not been fully defined but includeshooting wildfowl, fishing for sea fish, gathering someuncultivated shellfish, lighting fires, swimming, playing on thesand and picnicking. Access rights also extend to these places.
What about activities and places not coveredby access rights?
2.19 Provided you exercise them responsibly, access rightsestablished by the Land Reform (Scotland) Act 2003 arewide-ranging in terms of the places and activities that theyextend to. Nonetheless, access rights do not apply to someplaces where the public have enjoyed access perhaps over along period of time. Examples include passing through somefarmyards and across some dams. Certain activities that arenot included in statutory access rights have also beenpracticed for a long time by the public, such as gatheringnatural berries or fruit for personal use or sledging on somegolf courses. Such access and activities are not affected by theLand Reform (Scotland) Act 2003.
18 The foreshore is the land between the upper and lower ordinary spring tides.
17
Part 3 EXERCISING ACCESS RIGHTSRESPONSIBLY
Exercising access rights responsibly:at a glance
You must exercise access rights responsibly and this part of theCode explains how you can do this. A summary of your mainresponsibilities is provided below.
1 Take personal responsibility for your own actions. You cando this by:
• caring for your own safety by recognising that the outdoorsis a working environment and by taking account of naturalhazards;
• taking special care if you are responsible for children as aparent, teacher or guide to ensure that they enjoy theoutdoors responsibly and safely.
2 Respect people’s privacy and peace of mind. You can do thisby:
• using a path or track, if there is one, when you are close toa house or garden;
• if there is no path or track, by keeping a sensible distancefrom houses and avoiding ground that overlooks them fromclose by;
• taking care not to act in ways which might annoy or alarmpeople living in a house; and
• at night, taking extra care by keeping away from buildingswhere people might not be expecting to see anyone and byfollowing paths and tracks.
18
3 Help land managers and others to work safely andeffectively. You can do this by:
• not hindering a land management operation, by keeping asafe distance and following any reasonable advice from theland manager;
• following any precautions taken or reasonablerecommendations made by the land manager, such as toavoid an area or route when hazardous operations, such astree felling and crop spraying, are under way;
• checking to see what alternatives there are, such asneighbouring land, before entering a field of animals;
• never feeding farm animals;
• avoiding causing damage to crops by using paths or tracks,by going round the margins of the field, by going on anyunsown ground or by considering alternative routes onneighbouring ground; and by
• leaving all gates as you find them.
4 Care for your environment. You can do this by:
• not intentionally or recklessly disturbing or destroying plants,birds and other animals, or geological features;
• following any voluntary agreements between land managersand recreation bodies;
• not damaging or disturbing cultural heritage sites;
• not causing any pollution and by taking all your litter awaywith you.
5 Keep your dog under proper control. You can do this by:
• never letting it worry or attack livestock;
• never taking it into a field where there are calves or lambs;
19
• keeping it on a short lead or under close control in fieldswhere there are farm animals;
• if cattle react aggressively and move towards you, bykeeping calm, letting the dog go and taking the shortest,safest route out of the field;
• keeping it on a short lead or under close control during thebird breeding season (usually April to July) in areas such asmoorland, forests, grassland, loch shores and the seashore;
• picking up and removing any faeces if your dog defecates ina public open place.
6 Take extra care if you are organising an event or running abusiness. You can do this by:
• contacting the relevant land managers if you are organisingan educational visit to a farm or estate;
• obtaining the permission of the relevant land managers ifyour event needs facilities or services, or is likely, to anunreasonable extent, to hinder land managementoperations, interfere with other people enjoying theoutdoors or affect the environment;
• talking to the land managers who are responsible for placesthat you use regularly or intensively.
20
What is responsible behaviour?
3.1 You share the outdoors with other people who earn their livingfrom it or who live there or who enjoy it in other ways, andalso with Scotland’s diverse wildlife. You are exercising accessrights responsibly19 if you:
• do not interfere unreasonably with the rights of otherpeople; and
• act lawfully and reasonably, and take proper account of theinterests of others and of the features of the land.
3.2 If you follow the guidance in this part of the Code, then youwill be exercising access rights responsibly and not causingunreasonable interference. Part 5 of the Code provides apractical guide to your rights and responsibilities, and to theresponsibilities of land managers, for many everydaysituations.
3.3 If you do not follow the guidance, then you could causeunreasonable interference. This could result in some form ofdamage (such as breaking a fence or trampling crops) orsignificant disturbance (such as hindering a land managementoperation, blocking a gate with a vehicle or intentionally orrecklessly disturbing a wild animal). In these sorts of cases,you may fall outwith access rights and you could be asked toleave the land or water you are visiting. In some cases, youmight also be committing a criminal offence (see paragraphs2.12 to 2.13 and Annex 1).
3.4 In practice, exercising access rights responsibly is aboutmaking informed decisions about what it is reasonable to do ineveryday situations. The responsibilities that follow reflect this.You also need to be aware that whilst you might visit a place
19 Section 2, Land Reform (Scotland) Act 2003
21
only occasionally and feel that you cause no harm, the landmanager or the environment might have to cope with thecumulative effects of many people. Acting with awareness andcommon sense underpins responsible behaviour.
3.5 Access rights apply both on and off paths but must beexercised responsibly. However, when you are close tohouses or other occupied buildings, or in fields of crops, or inplaces where the environment is particularly vulnerable todamage, it may be sensible to follow paths and tracks wherethey exist. Doing so can help to facilitate access and help tosafeguard the interests of land managers and the environment.
3.6 Land managers must not interfere unreasonably with yourexercise of access rights. Their responsibilities are set out inPart 4.
3.7 In exercising access rights, there are six generalresponsibilities and this Part of the Code provides guidance onhow to meet them. They apply regardless of your activity andthe type of place you are visiting. These six responsibilities aredescribed below.
Take responsibility for your own actions
3.8 Land managers owe a duty of care to people entering ontotheir land20. The Land Reform (Scotland) Act 200321 states thatthe extent of the duty of care owed by a land manager toanother person present on land or water is not affected by theaccess provisions within the Act. This means that accessrights do not alter the nature of the liability owed by a landmanager.
20 For example, Occupiers’ Liability (Scotland) Act 1960 and the Health & Safety At Work Act 1974.
21 Section 5(2), Land Reform (Scotland) Act 2003
22
3.9 Members of the public owe a duty of care to land managersand to other people. Adapting your behaviour to prevailingcircumstances and using common sense will help to avoidincidents or accidents. If your recreation is one which is likelyto cause a hazard (for example cycling fast or driving a cart orcarriage with horses or dogs) you should take particular carenot to cause risk to others. If you are on shared-use routes youmust show care and consideration for others, deferring tothose who are most vulnerable.
3.10 It is important to remember that the outdoors is not risk-free.The outdoors is a working environment, used for manyactivities, such as farming and forestry. Cattle and other farmanimals can react aggressively in some situations, and fencesand walls are needed to keep cattle and other animals in afield. Land managers may put up signs asking you to avoidusing a particular path or area whilst land managementoperations, such as tree felling or crop spraying, are underway. Take care to read such signs and pay attention to theadvice given.
3.11 There are also many natural hazards, such as uneven ground,rough paths, cliffs, steep and rocky ground, fast-flowing riversand deep water with undercurrents. For some activities, suchas mountaineering and canoeing, these challenges provide thebasis for people’s enjoyment of the outdoors. Whatever youractivity, you need to take account of natural hazards, usecommon sense and take care. There is a longstanding legalprinciple called “volenti non fit injuria” which means that aperson taking access will generally be held to have acceptedany obvious risks or risks which are inherent in the activitiesthey are undertaking.
3.12 Remember that children do not always have the experience tomake good judgements on what to do in certain situations. If
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you are responsible for children, either as a parent, teacher orguide, take special care to ensure that they enjoy the outdoorsresponsibly and safely.
Key points to remember in taking responsibility foryour own actions:
• care for your own safety by recognising that theoutdoors is a working environment and by takingaccount of natural hazards; and
• take special care, if you are responsible for childrenas a parent, teacher or guide, to ensure that theyenjoy the outdoors responsibly and safely.
Respect people’s privacy and peace of mind
Houses and gardens
3.13 Everyone is entitled to a reasonable measure of privacy in theirown home and garden. In exercising access rights, particularlyif you are close to a house or garden, you must respectpeople’s privacy. You should also avoid unreasonably disturbingtheir peace of mind.
3.14 For this reason, the Land Reform (Scotland) Act 2003 statesthat you cannot exercise access rights on “sufficient adjacentland” next to a house (this also includes a caravan, tent orother place affording a person privacy or shelter). This meansland sufficient to allow those living there to have reasonablemeasures of privacy and to ensure that their enjoyment of theirhouse is not unreasonably disturbed22. There are two importantthings to remember:
22 Section 6 (1)(b)(iv), Land Reform (Scotland) Act 2003
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• you cannot exercise access rights in this area of “sufficientadjacent land” and so you need to be able to identify suchareas; and
• when exercising access rights close to a house or a garden,you need to respect the privacy and peace of people livingthere.
3.15 ‘Sufficient adjacent land’ is defined in this Code as normallybeing the garden around someone’s house. For most houses,this should be reasonably obvious on the ground: a formalgarden next to the house and surrounded by a wall, hedge orfence. Some houses might have no garden at all or be locatedright next to a road, track or path. In some cases, the gardenmight be near to the house but not adjoining it or it might bemore difficult to identify, perhaps because there is no obviousboundary such as a wall, fence or hedge. Things to look out forin judging whether an area of land close to a house is a gardenor not include:
• a clear boundary, such as a wall, fence, hedge orconstructed bank, or a natural boundary like a river, streamor loch;
• a lawn or other area of short mown grass;
• flowerbeds and tended shrubs, paving and water features;
• sheds, glasshouses and summer houses;
• vegetable and fruit gardens (often walled but sometimeswell away from houses).
3.16 Some larger houses are surrounded by quite large areas ofland referred to as the “policies” of the house. These areusually areas of grassland, parkland or woodland. Here, too,you will need to make a judgement in the light of the particularcircumstances. Parts of the policies may be intensivelymanaged for the domestic enjoyment of the house and include
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lawns, flowerbeds, paths, seats, sheds, water features andsummerhouses. Access rights would not extend to theseintensively managed areas. The wider, less intensivelymanaged parts of the policies, such as grassland andwoodlands, whether enclosed or not, would not be classed asa garden and so access rights can be exercised. In these areasof grassland, parkland or woodland, you can also exerciseaccess rights along driveways, except where the groundbecomes a garden, and pass by gatehouses and otherbuildings.
3.17 When close to a house or garden, you can respect people’sprivacy and peace of mind by:
• using a path or track if there is one;
• keeping a sensible distance from the house, and avoidingground that overlooks the house or garden from close by, ifthere is no path or track;
• keeping a sensible distance from a waterside house if youare on a river or loch;
• not lingering or acting in ways which might annoy or alarmpeople living in the house; and
• keeping noise to a minimum.
Other buildings and their curtilage
3.18 Access rights do not extend to the curtilage of any otherbuilding. Generally, such land will normally be closelyconnected, physically and in terms of purpose, to the buildingand forming one enclosure with it. It will usually be possible tojudge what is the curtilage of a building by the presence ofsome physical feature such as a wall, fence, an area ofhardstanding or some other physical boundary. Where there isno physical feature, you will need to make a judgement about
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what land is used together with a building. When exercisingaccess rights close to such buildings, use your common senseand remember to respect the privacy and peace of mind ofthose working there.
Access at night
3.19 Access rights can be exercised at any time of day or night.There are many reasons why people take access at night,including the valuable recreational experience it can provide,the need to do so during the winter or at other times of theyear when remoter places are being visited, and to get homelate at night. In exercising access rights at night, pleaseremember that residents can be fearful for their personalsecurity and safety and of possible criminal activities beingcarried out under the cover of darkness, and so your presencemight be misunderstood. Also remember that, in some places,land managers might be carrying out work such as pest controlat night. Natural and man-made hazards will also be lessobvious.
3.20 If you are out at night, take extra care to respect people’sprivacy and peace of mind. Wherever possible, keep awayfrom buildings and use paths and tracks where they exist. Ifyou come to a field of animals, it might be better to go into aneighbouring field or on to adjacent land. Take extra carewhen going over fences, gates, drystane dykes and othersimilar features.
Public rights of way
3.21 You can still use public rights of way that run through gardensor along driveways, or which pass next to houses.
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Key points to remember in respecting people’s privacyand peace of mind:
• access rights do not extend to people’s gardens;
• use a path or track, if there is one, when you areclose to a house or garden;
• keep a sensible distance from houses, and avoidground that overlooks them from close by, if there isno path or track;
• take care not to act in ways which might annoy oralarm people living in the house, and keep noise to aminimum; and
• at night, hazards may be less obvious, so take extracare by keeping away from buildings where peoplemight not be expecting to see anyone and byfollowing paths and tracks.
Help land managers and others to worksafely and effectively
3.22 The outdoors is mostly a working environment that provides alivelihood for many people, including farmers, crofters,gamekeepers, foresters and estate owners. Damage anddisturbance can cost people and their businesses both timeand money. By law, land managers must take reasonablypracticable steps to ensure that the public is not put at risk bytheir work23. Therefore, in exercising your access rights youneed to help land managers to work safely and effectively,particularly when you:
23 Health & Safety at Work Act 1974
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• come across land management operations;
• encounter farm animals;
• wish to go into or through a field of crops; and
• come across gates, fences, walls and other similar features.
3.23 Guidance on what to do in these situations is provided below.Guidance is also provided about what to do when you wish tofollow a path or track through farmyards and land associatedwith other buildings where access rights do not apply. Practicalguidance on what to do when you encounter land use activitieslike deer stalking, grouse shooting, low-ground shooting andfishing is provided in Part 5.
Access over land on which a managementoperation is under way
3.24 Land managers need to conduct their work as safely andeffectively as possible. Hindering such work can cost themtime and money, and can be potentially hazardous to yoursafety and to the safety of those working on the land. Underthe Health & Safety at Work Act 1974, land managers need totake reasonably practicable steps to protect people’s safety.Most situations will be adequately dealt with byrecommendations and advice, but in a limited number ofcases, such as during and after spraying crops in a field withsulphuric acid or pesticides, they can be under a legalobligation to ensure that unprotected people are kept out ofthe field for a specified period of time, ranging from a fewhours to four days in the case of sulphuric acid24.
3.25 Much of the work of land managers is clearly visible when it isin progress and usually poses only very localised and obvious
24 The Control of Pesticides Regulations (as amended) 1986
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dangers, or lasts only for a short time. These activities include:
• ploughing fields, and sowing and harvesting crops;
• planting trees or hedges, or cutting down branches;
• moving animals from field to field or to farm buildings;
• muirburn25;
• cutting grass on playing fields or golf courses;
• erecting fences, walls, hedges and gates;
• routine water discharges from reservoirs and canals, androutine maintenance and repairs on reservoirs, canals orwater intakes; and
• dredging in rivers, canals and lochs.
3.26 If you come across such work whilst it is in progress, proceedcarefully and keep a safe distance. The land manager mightask you to follow a particular route, and following this advicecan help to minimise risk to your safety and that of others. Donot climb over any stored materials, such as straw bales ortimber stacks, or any machinery.
3.27 In a limited number of cases, the hazards can be more seriousor less obvious, such as:
• crops being or have been recently sprayed with pesticides;
• trees being felled and harvested in a forest;
• military training or land with unexploded munitions;
• dangerous materials being used or stored.
In these sorts of cases, land managers must undertake a riskassessment and take reasonably practicable steps to ensurethat people are not put at risk. Where a risk cannot beprevented or adequately controlled by other means, then the
25 Muirburn is controlled burning of moorland to help regenerate heather.
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precautions could include managing access within the areainvolved. Relevant information will normally need to beprovided on the nature, location and duration of the risk (seeparagraph 4.15). If such work is to run over several months,alternative routes may be provided. In some cases, you mightbe asked not to use a particular route or area, or not to do aparticular activity whilst there is still a danger. Follow theseprecautions as they seek to protect your safety and that ofothers.
3.28 Any such precautions need to be for the minimum area andtime to let the work be conducted safely and effectively (seeparagraphs 4.11 to 4.17), and any alternative routes providedneed to be reasonably practicable for people to use. In somecases, such as tree felling areas in a forest where there isfrequent public access, signs may indicate that it is safe to goalong a particular route if the activity has stopped, such as forthe weekend.
Key points to remember if you come across a landmanagement operation:
• keep a safe distance and take heed of reasonableadvice provided by the land manager to ensure thatyou do not hinder the work;
• for some types of operation, such as crop sprayingand tree felling, the land manager has to ensure thatpeople are not affected – follow any precautionsprovided for your safety;
• do not climb over any stored materials, such asstraw bales or timber stacks.
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Access where there are farm animals
3.29 In exercising access rights in fields where there are cows,sheep, horses, deer, pigs or other animals, you need to beaware that animals may react in different ways to yourpresence. Cows can be inquisitive and come towards you. Ifyou have a dog with you, cows may react aggressively. Someanimals, such as bulls, may react aggressively to protect otheranimals in the field. Sheep are more likely to run away fromyou although they can be aggressive when there are lambspresent. Horses are more likely to come towards you. Deer inenclosed fields are most likely to turn aggressive during therutting season and when there are young deer present. Pigscan turn aggressive at any time.
3.30 Take care in exercising access rights in fields where there arefarm animals by following this guidance:
• before entering such a field, particularly if there are younganimals present, take account of any signs26 and, wherepossible, look for an appropriate alternative route in aneighbouring field or on adjacent land;
• if there is a bull or pigs in the field, go into a neighbouringfield or onto adjacent land;
• if you go into a field where there are animals, keep to pathsor tracks where they exist or keep well away from theanimals;
• keep a close eye on the animals and if they come towardsyou remember to keep calm and that it might be safest toleave the field at the first chance;
• do not take a dog into a field where there are lambs, calvesor other young animals (see paragraph 3.55 for moredetailed guidance);
26 For example, official signs (approved by Government) about biosecurity measures or signs advising you that pregnant ewes have been put in a field just before lambing.
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• if you go into a field of cows with a dog, keep as far aspossible from the animals and keep the dog on a shortlead27 or under close control28 – if the cows reactaggressively and move towards you, remember to keepcalm and take the shortest, safest route out of the field,letting go of the dog if you believe that the animals mayattack; and
• if you go into a field of sheep with a dog, keep as far aspossible from the animals and keep the dog on a short leador under close control.
3.31 In more open country, keep a sensible distance from animals,particularly when there are calves or lambs present.
3.32 Some animal diseases, such as foot and mouth, can be spreadby people, dogs or vehicles, though the risk of recreationalusers doing so is very small. In exercising access rights, youcan help to maintain animal health and biosecurity by:
• never feeding or directly contacting farm animals;
• taking all litter, including any food or associated packaging,away with you;
• leaving gates as you find them;
• keeping dogs under proper control and removing dog faeces(see paragraph 3.55); and
• not parking your vehicle in a field where there are farmanimals.
3.33 If there is an outbreak of a contagious notifiable disease, suchas foot and mouth, more detailed advice will be provided bythe Scottish Executive. Following any official signs and using
27 A short lead is taken to be less than two metres.28 Under close control means that the dog responds to your commands and is
kept close at heel.
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disinfectant footpads or baths where these are provided canhelp to minimise the spread of the disease.
3.34 Cow and sheep droppings can carry diseases, such as E. coli,which can then be passed on to humans. Although the risk ofcatching such diseases is very small, they are most likely toarise if you picnic or camp where there are farm animals, or ifyou do not follow good hygiene practice (for example, bydrinking water from local streams or burns).
Key points to remember in taking access where there are farm animals:
• be aware that cows, especially cows with calves, canreact aggressively to your presence and so keep asafe distance from them and watch them carefully;
• before entering a field of animals, check to see whatalternatives there are – it might be easier and saferto go into a neighbouring field or onto adjacent land;
• do not take your dog into a field where there areyoung farm animals, such as lambs and calves;
• if you take a dog into a field where there are cattle,then keep as far as possible from the animals andkeep your dog on a short lead or under close control– if the cows react aggressively and move towardsyou, let the dog go and take the shortest, safestroute out of the field;
• never feed farm animals and take all your litter awaywith you;
• leave gates as you find them.
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Access where there are crops
3.35 You can exercise access rights on the margins of fields, even ifthese have been sown, and on any land in which crops havenot been sown or are not growing. You can also exerciseaccess rights in fields of stubble and in fields where grass isgrowing for hay and silage, except where the grass is at a latestage of growth. Your ability to take responsible access in suchfields will vary depending upon the circumstances at the time.
3.36 When exercising access rights in a field of crops, avoiddamaging the crop by:
• using any paths or tracks;
• using the margins of the field (if the margin is narrow or hasbeen planted, avoid causing unnecessary damage bykeeping close to the edge in single file);
• going along any unsown ground (providing this does notdamage the crop); or by
• considering alternative routes on neighbouring ground.
3.37 You can exercise access rights in fields where grass is growingfor hay and silage, except when it is at such a late stage ofgrowth that it might be damaged. Such fields will normallyhave thick, long grass, and have no animals grazing in them.“A late stage of growth” is taken to be when the grass isabout 8 inches or 20 cm high. To avoid churning up the surface(this may contaminate the grass with soil and make itindigestible for cows and other animals), it is best to keep topaths or tracks if you wish to cycle or ride through such fields(see Part 5).
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Key points to remember when taking access in fields ofcrops:
• avoid damaging crops by using any paths or tracks,or by going around the margins of the field, or bykeeping to any unsown ground, or by going ontoneighbouring ground;
• walk or ride in single file where appropriate;
• grass grown for hay and silage is regarded as a cropwhen it is about 20cm high and when there are noanimals grazing on it.
Gates, fences, drystane dykes and similarfeatures
3.38 In exercising access rights in the outdoors, you will encounterfences, drystane dykes and other similar features. These arevery important in land management and can cost a lot of timeand effort to put up and look after. Use a gate, stile or otheraccess point where these have been provided. Make sure thatyou leave all gates as you find them. If you come across aclosed gate, make sure that you close it again as, for example,farm animals and horses may otherwise escape and causeinjury to themselves and other property. If a gate is locked andyou need to go over it, then make sure that you climb the gateat the hinged end and take care not to damage it. Do not parkyour car, van or bike in front of entrances to fields andbuildings.
3.39 Drystane dykes and fences can sometimes be easily damaged.If you need to go over one, make sure you do so near to fenceposts or where the wall looks strongest. Take care to avoiddamaging the wall or fence.
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Access through farmyards and otherbuildings and associated land
3.40 Access rights do not extend to farmyards. Farmyards are oftenbusy places and so health and safety may be a particular issue.Many farmers also have concerns about security and privacy.However, traditionally, access to the countryside is often takenthrough farmyards. Using paths and tracks will often be thebest means of access and will help the land manager.Accordingly, farmers are encouraged to continue to allowpeople to go through farmyards where this would not interfereunreasonably with land management requirements or privacy.
3.41 If you are following a path or track which goes through afarmyard, the guidance is as follows:
• if the route is a right of way or a core path, then you canfollow this through the farmyard at any time;
• if a reasonable, passable alternative route is signpostedaround the farmyard and buildings, then follow this.
In the absence of a right of way, core path or a reasonable,signposted route around the farmyard and buildings, you:
• might be able to go through the farmyard if the farmer iscontent or if access has been taken on a customary basis inthe past;
• could exercise your access rights to go around the farmyardand buildings.
If you do go through a farmyard, proceed safely and carefully,watch out for moving vehicles and livestock, and respect theprivacy of people living on the farm.
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3.42 Access rights do not apply on land which forms the curtilage ofa building, such as a factory or a warehouse and storage area.Nor do they apply to a compound or enclosure containing astructure, works, plant or machinery, such as a chemical orprocessing plant, or a water treatment and sewage works.Generally, such land will normally be closely connected,physically and in terms of purpose, to the building, forming oneenclosure with it and surrounded by a fence or wall. If there isno fence or wall, use your common sense and keep a safedistance away.
Care for your environment
Natural heritage
3.43 Scotland’s natural heritage29 contributes greatly to people’squality of life and health, and awareness and enjoyment oftheir surroundings. It adds to local identity and sense of place.The physical environment provides outstanding opportunitiesfor active pursuits. Opportunities to experience the naturalheritage are a key part of an improved quality of life foreveryone. This, in turn, can help to build people’s awarenessand appreciation of its value and importance.
3.44 The diversity and importance of Scotland’s wildlife means thatwe must look after the special features of our natural heritage,such as rare birds, plants and animals. Looking after thesespecial features can involve management and, in someparticularly important places, protection through variousnational and international designations.
3.45 In enjoying the natural heritage, you can help by rememberingthat some plants can be easily damaged and that some birdsand other animals can be easily alarmed or distressed if you do
29 This term includes plants, animals and geological features, as well as natural beauty and amenity. Scotland’s biodiversity is a key part of its natural heritage.
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not take care. Also, be aware that other people might haveexercised access rights in the same area before you –repeated visits may result, for example, in a nesting site beingabandoned. In exercising access rights, therefore, you musttake proper account of the features of the land and water30,including the natural heritage, and land being managed forconservation. You can best do this by:
• not intentionally or recklessly disturbing or destroying plants,eggs, birds and other animals, or geological features;
• not lingering if it is clear that your presence is causingsignificant disturbance to a bird or other wild animal;
• following any agreed information31 aimed at preventingsignificant disturbance to protected plants, birds or otheranimals, or at preventing the spread of erosion in moresensitive areas;
• taking extra care to avoid disturbing more sensitive birds andanimals, particularly during their breeding season; and by
• taking your litter away with you.
3.46 Some types of irresponsible behaviour towards wild birds,animals and plants are an offence under the Wildlife andCountryside Act 1981 and related legislation (see Annex 1 forfurther details). For example, you must not intentionally disturbspecially protected birds while nesting, or their young, and youmust not intentionally uproot any wild plant. In a small numberof areas and for very specific reasons, such as to protect a rareplant or bird, you might be asked to follow a specific route ornot to exercise your access rights. In these areas,management might take several forms (see Part 6 of the Codefor more information on the types of management that youmight encounter):
30 Section 2 (3) of the Land Reform (Scotland) Act 200331 Agreed between land managers, recreation bodies and conservation bodies.
This information might be provided locally or be more widely available.
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• Voluntary agreements between land managers andrecreational governing bodies or clubs. For example,climbers might be requested not to climb particular cliffs orsections of cliffs during the breeding season through thevoluntary agreement of the land manager and recreationalgroups.
• Scottish Natural Heritage might have put up signs askingyou to exercise access rights in a particular way or to avoida specific area or route in order to protect the naturalheritage32.
• A local authority or other public body, such as ScottishNatural Heritage, might have introduced byelaws33 or othermeasures34 designed to prevent damage or to help conservethe natural heritage.
To exercise access rights responsibly, follow any requirementsplaced upon you35 and this will help you to avoid causingsignificant damage or disturbance.
3.47 Some places are more prone to damage from recreationalactivities and so you might need to take extra care. Forsensitive natural habitats, such as riverbanks, loch shores,marshes, blanket and raised bogs, mountain tops, steep slopesand coastal dunes, the key need is usually to prevent damage,such as erosion, as much as possible.
3.48 Broken glass, tins and plastic bags are dangerous to peopleand animals and are unsightly. You must take your litter away
32 Under Section 29 of the Land Reform (Scotland) Act 2003, Scottish Natural Heritage can put up signs to protect the natural heritage.
33 Under Section 12 of the Land Reform (Scotland) Act 2003 for example.34 For example, through a nature conservation order under the Wildlife &
Countryside Act 1981.35 Under Section 2 (2)(b)(ii) of the Land Reform (Scotland) Act 2003 you must
follow a sign put up by Scottish Natural Heritage.
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with you36. Doing so will reduce the hazard to people oranimals, and will add to people’s enjoyment of the outdoors.
Key points to remember to help you care for yourenvironment:
• do not intentionally or recklessly disturb or destroyplants, eggs, birds and other animals, or geologicalfeatures;
• do not linger if it is clear that your presence iscausing significant disturbance to a bird or otherwild animal;
• follow any agreed local information aimed atpreventing significant disturbance to protectedplants, birds or other animals, or at preventing thespread of erosion in more sensitive areas;
• take extra care to prevent damage in more sensitivenatural habitats and to avoid disturbing moresensitive birds and animals, particularly during thebreeding season;
• follow any voluntary agreements between landmanagers and recreational bodies, or requests madeby local authorities, Scottish Natural Heritage orother public bodies;
• take your litter away with you.
Cultural heritage
3.49 Scotland’s cultural heritage37 contributes greatly to ourenjoyment of the outdoors. Cultural heritage sites, such asmonuments and archaeological sites, play an important role inour enjoyment, both as popular visitor attractions and as places
36 Environmental Protection Act 199037 This term includes structures and other remains resulting from human activity
of all periods, traditions, ways of life and the historic, artistic and literary associations of people, places and landscapes.
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of quiet reflection. These sites are also important in their ownright for what they tell us about the past 38.
3.50 Although some cultural heritage sites are managed as publicattractions, most are not and many are not even immediatelyobvious on the ground. Many sites survive as ruins and someare only visible as earthen or stone mounds. Some, likestanding stones or burial mounds, are quite small but others,like abandoned settlements, can extend across large areas ofland. Many of these places have a fairly natural appearance,such as an avenue of trees in a designed landscape or a hill-topsettlement.
3.51 Some cultural heritage sites are protected by the law (theseare called scheduled monuments), though many lack formalprotection. You may not always be aware of the importance ofa site or recognise that it is vulnerable to the pressure ofvisitors and might be easily damaged. In exercising youraccess rights, therefore, you need to treat these sites carefullyand leave them as you find them by:
• not moving, disturbing, damaging or defacing any stones,walls, structures or other features;
• not digging or otherwise disturbing the ground surface (atthese sites, some activities such as camping, lighting firesor using metal detectors can lead to such disturbance);
• not taking anything away, including loose stones andobjects; and by
• not interfering with or entering an archaeological excavation.
3.52 Scottish Ministers have new powers to put up signs askingyou to avoid a specific area or route in order to protect the
38 For more information on Scotland’s cultural heritage, see www.outdooraccess-scotland.com
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cultural heritage39. Following such requests can help you toavoid causing significant damage or disturbance.
Key points to remember to help you care for yourcultural heritage:
• leave any cultural heritage site as you find it and donot take anything away;
• do not camp, light fires or use metal detectors onany cultural heritage site; and
• follow any local, agreed guidance aimed atpreventing damage to a site.
Keep your dog under proper control
3.53 Access rights extend to people with dogs, provided that thedog(s) are “under proper control”40. Many people own dogsand about one in five visits to the outdoors are by people withdogs. Walking a dog is the main opportunity for many peopleto enjoy the outdoors, to feel secure in doing so and to add totheir health and well-being. On the other hand, many people,including many farmers and land managers, have concernsabout dogs when they are not under proper control as this cancause serious problems, including worrying of and injury tolivestock, disturbance of wildlife and alarming other people.Farmers also have concerns about dogs spreading diseases,particularly if dogs have not been regularly wormed41.
3.54 In exercising access rights, you must keep your dog(s) underproper control. You must also ensure that your dog does not
39 Under Section 29 of the Land Reform (Scotland) Act 2003, Scottish Ministers can put up signs to protect the cultural heritage.
40 Section 9 (d) of the Land Reform (Scotland) Act 200341 It is good practice to keep your dog regularly wormed, particularly if you take
your dog into the outdoors frequently.
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worry livestock42. What ‘proper control’ means varies accordingto the type of place you are visiting. Essentially, there are fourimportant things to remember:
• do not take your dog into a field where there are younganimals;
• do not take your dog into a field of vegetables and fruit(unless you are on a clear path);
• keep your dog on a short lead or under close control43 in anumber of other places; and
• remove any faeces left by your dog in a public open place.
3.55 These responsibilities are explained in more detail below.
• Fields where there are lambs, calves and other younganimals. Dogs can worry young livestock and cows can beaggressive when protecting their calves. For these reasons,do not take your dog(s) into a field where there are lambs,calves or other young animals. Go into a neighbouring fieldor onto adjacent land. In more open country, keep your dogon a short lead if there are lambs around and keep distantfrom them.
• Fields of vegetables or fruit. The main risk in these fieldsis that of diseases in dog faeces being transmitted topeople. If there is a clear path, such as a core path or a rightof way, follow this but keep your dog to the path. In all othercases, it is best to take access in a neighbouring field or onadjacent land.
• Fields where there are cows or horses. Cows can befrightened by dogs and may react aggressively or panic,
42 Dogs (Protection of Livestock) Act 1953. Under the Animals (Scotland) Act 1987, a farmer, in some cases, has the right to shoot your dog if it is attackinglivestock.
43 A short lead is taken to be two metres and “under close control” means that the dog is able to respond to your commands and is kept close at heel.
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causing damage to themselves or property, or be dangerousto the dog owner and the dog. Where possible, choose aroute that avoids taking your dog into fields with cows orhorses. If you do need to go into such a field, keep as far aspossible from the animals and keep your dog(s) on a shortlead or under close control. If cows react aggressively andmove towards you, keep calm, let the dog go and take theshortest, safest route out of the field.
• Fields where there are sheep. If you need to go into a fieldof sheep, keep your dog on a short lead or under closecontrol and stay distant from the animals. In more opencountry, when there are sheep around keep your dog underclose control and keep distant from them.
• Areas where ground-nesting birds are breeding andrearing their young. You can reduce the likelihood of yourdog disturbing ground nesting birds during the breedingseason – usually from April to July – by keeping your dog ona short lead or under close control in areas where groundnesting birds are most likely to be found at this time. Theseareas include moorland, forests, grassland, loch shores andthe seashore.
• Reservoirs and stream intakes. Some reservoirs andstreams are used for public water supply. If there areintakes nearby, keep your dog out of the water.
• Recreational areas and other public places. Do not allowyour dog to run onto sports pitches, playing fields or playareas when these are in use. In places where other peopleare around, particularly children, keeping your dog underclose control or on a short lead will help to avoid causingthem concern.
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3.56 If you are handling a group of dogs be sure that they do notpose a hazard to others or act in a way likely to cause alarm topeople, livestock or wildlife. Dog faeces can carry diseasesthat can affect humans, farm animals and wildlife. The highestrisks are in fields of cattle, sheep and other animals, in fieldswhere fruit and vegetables are growing, and in public openplaces where people can come into direct contact with dogfaeces, such as sports pitches, playing fields, golf courses,play areas, along paths and tracks, and along riverbanks andloch shores. If your dog defecates in these sorts of places,pick up and remove the faeces and take them away with you44.
Key points to remember if you have a dog with you:
• never let your dog worry or attack livestock;
• do not take your dog into fields where there arelambs, calves or other young animals;
• do not take your dog into fields of vegetables or fruitunless you are on a clear path, such as a core pathor right of way;
• if you go into a field of farm animals, keep as far aspossible from the animals and keep your dog(s) on ashort lead or under close control;
• if cattle react aggressively and move towards you,keep calm, let the dog go and take the shortest,safest route out of the field;
• during the bird breeding season (usually April toJuly), keep your dog under close control or on ashort lead in areas such as moorland, forests,grassland, loch shores and the seashore;
44 Not doing so in any public open place is an offence under the Dog Fouling (Scotland) Act 2003. A public open place does not include agricultural land butit is responsible to lift faeces where there is a risk to farming interests.
46
• pick up your dog’s faeces if it defecates in a publicopen place; and
• in recreation areas and other public places, avoidcausing concern to others by keeping your dogunder close control.
Take extra care if you are organising a group,an event or running a business
3.57 As an individual, you can exercise access rights as part of anorganised group or by taking part in an organised event.Access rights also extend to some types of commercial activity(see paragraph 2.9). As a general rule, the larger a group orevent, or the more regularly use is made of a particular place,the greater is the risk of causing unreasonable interferencewith the rights and needs of land managers and other people,and of causing impacts on the environment. Therefore, if youare responsible for organising a group or an event, or forrunning a recreational or educational business requiring accessto the outdoors, you need to show extra care.
Organised groups
3.58 Remember that your presence as a group can have an impactaccording to the size of the group, where you are and the timeof year. In deciding your route and the size of your group, thinkabout the needs of land managers and other people who areenjoying the outdoors. Take particular care in parking vehiclesso that they do not block gates or entrances to buildings.
3.59 If you are responsible for organising an educational visit to afarm or estate for a specific purpose, such as learning abouthow a farm or estate works, or to see a particular attraction
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(such as an important wildlife site), make sure that you arefully aware of any operational requirements, sensitive areas orpotential hazards. Contact the relevant land manager(s) inadvance and follow their advice on what precautions you mightneed to take in relation to land management operations.
Events
3.60 Events are held for a wide range of purposes45. All events areorganised to some degree, and their scale and timing cansometimes raise safety concerns, hinder land managementoperations or harm the environment. If you are organising anevent, it is good practice to liaise with the relevant landmanagers. You need to obtain the permission of the relevantland manager(s) if your event:
• needs new or temporary facilities and services (such as carparking, fencing, signs, litter bins, marked courses ortoilets); or
• due to its nature or to the number of participants orspectators, is likely, to an unreasonable extent, to hinderland management operations, interfere with other peopleenjoying the outdoors or affect the environment.
3.61 For reasons such as safety or charging for entry, you mightneed to seek an order from the local authority to exempt aspecific area from access rights for the duration of yourevent46. For larger events, you can help to reduce impacts onthe interests of other people and the environment by:
• liaising regularly with the land managers and with otherswho have an interest in the event and its effects (such asthe local authorities, local resident groups and conservationbodies);
45 Group outings by club members are not classed as events.46 See Section 11 of the Land Reform (Scotland) Act 2003. Further information is
also provided in paragraph 2.11 of this Code.
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• having control of the numbers of participants andspectators, and being sensitive to the capacity of thelocation to absorb large numbers of people;
• making sure that the privacy of local residents is respectedand that they suffer minimal inconvenience (for example, bymaking sure that local roads and parking areas can copewith the traffic from the event);
• making sure that you have plans for the safety ofparticipants, spectators and others;
• planning the event so that easily damaged places areavoided and consulting relevant conservation bodies onwhat impacts might arise and how best to avoid these;
• making sure that water is not polluted and that all litter andhuman waste is disposed of properly;
• accepting responsibility to repair any damage caused;
• helping the local economy by buying goods and serviceslocally; and by
• putting something back into the outdoors, for example bymaking contributions to the local community or to helpenhance the local environment.
Running a business which utilises access rights
3.62 If you instruct, guide or lead people in recreational oreducational activities (see paragraphs 2.8 to 2.9), eithercommercially or for profit, take extra care to minimise anyadverse effects that you might have on the interests of otherbusinesses, such as a farm or an estate, and on theenvironment. Doing a full risk assessment of your activities willprovide a good starting point and you can show extra care by:
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• planning your activities in ways that minimise possibleimpacts on land management and the interests of othersshould you wish to use a particular place regularly or if yourvisit might cause any particular concerns about safety or theenvironment;
• talking to the land managers who are responsible for placesthat you use regularly or intensively; and by
• obtaining the permission of the relevant land manager(s) ifyou wish to use a facility or service provided for anotherbusiness by the land manager (such as an equestrianfacility);
• if you are running a business that utilises access rightsconsider assisting with care of the resource used by yourbusiness.
3.63 If you wish to take detailed photographs of houses or otherbuildings, you need to respect the privacy and peace of mindof those living or working there. Talking to the occupier canhelp a lot. If you wish to film a TV programme to furtherpeople’s understanding of the natural or cultural heritage andwhich requires only hand-held equipment and involves novehicles off the road, talk to the land managers beforehand andlisten carefully to any advice provided. If you need to usevehicles or stay in an area for a few days or put downequipment or are filming for other purposes, you still requirethe permission of the relevant land managers. If you arewriting a guidebook, leaflet or other promotional material aboutaccess in an area, try to talk to the relevant land managers tosee if any local issues relating to privacy, safety orconservation need to be referred to in the publication.
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Undertaking surveys
3.64 Access rights extend to individuals undertaking surveys of thenatural or cultural heritage where these surveys have arecreational or educational purpose within the meaning of thelegislation. A small survey done by a few individuals is unlikelyto cause any problems or concerns, provided that people livingor working nearby are not alarmed by your presence. If you areorganising a survey which is intensive over a small area orrequires frequent repeat visits, or a survey that will requireobservation over a few days in the same place, consult therelevant land manager(s) about any concerns they might haveand tell them about what you are surveying, for what purposeand for how long. If the survey requires any equipment orinstruments to be installed, seek the permission of therelevant land managers.
Key points to remember if you are organising an eventor running a business:
• contact the relevant land manager(s) if you areorganising an educational visit to a farm or estatefor a specific purpose, and follow any advice onwhat precautions you might need to take;
• obtain the permission of the relevant landmanager(s) if your event needs new or temporaryfacilities and services or is likely, due to the nature ofthe event or the number of people involved, tohinder land management operations, interfere withother people enjoying the outdoors or affect theenvironment to an unreasonable extent;
• for larger events, make sure that you minimiseimpacts on the interests of other people and theenvironment;
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• if you run a business which utilises access rights,show extra care by minimising the impacts of youractivities and by trying to talk to the land managerswho are responsible for places that you use regularlyor intensively.
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Part 4 MANAGING LAND AND WATERRESPONSIBLY FOR ACCESS
Managing land and water responsibly foraccess: at a glance
As a land manager, you must manage your land or waterresponsibly for access and this part of the Code explains how youcan do this. A summary of your main responsibilities is providedbelow.
1 Respect access rights in managing your land or water. Youcan do this by:
• not purposefully or unreasonably preventing, hindering ordeterring people from exercising access rights on or offpaths and tracks;
• using paths and tracks as a way of managing access acrossyour land so that access is integrated with landmanagement;
• taking access rights into account when planning andimplementing any major land use change or development.
2 Act reasonably when asking people to avoid landmanagement operations. You can do this by:
• asking people, if you have an opportunity to do so whilstundertaking a land management operation, to follow aparticular route;
• taking precautions, such as asking people to avoid using aparticular route or area or to avoid doing a particular activitywhere there are more serious or less obvious hazards totheir safety, such as from tree felling or crop spraying;
• keeping any precautions to the minimum area and durationrequired to safeguard people’s safety;
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• telling the public, especially if levels of public access arehigh or if the operation is particularly dangerous, about anyprecautions at any obvious access points (such as car parksand gates).
3 Work with your local authority and other bodies to helpintegrate access and land management. You can do this by:
• remembering that people respond best to land managerswho show that people are welcome;
• working closely, where appropriate, with your local authorityand its access officers and ranger service, local accessforum and other bodies to help provide good paths acrossyour land and to manage access positively;
• thinking about how you would like to see access providedfor and managed on your land or water and involving yourlocal authority in this.
4 Take account of access rights if you manage contiguousland or water. You can do this, wherever possible, by:
• respecting any rights of way or customary access acrossyour land or water;
• avoiding the use of “no access” signs or the locking orremoval of gates or other access points, particularly onpaths or tracks likely to be used by the public or withoutproviding an alternative means of access;
• working with your local authority and other bodies to provideand manage routes across your land that would best help tointegrate access and land management;
• considering what impact your work might have on peopleexercising access rights on neighbouring land and modifyingyour work where this is reasonably practicable.
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4.1 The Land Reform (Scotland) Act 2003 establishes access rightsto most land and inland water in Scotland and placesresponsibilities on both users and land managers. This part ofthe Code explains how land managers can meet theirobligations under the Act. It sets down some generalresponsibilities and provides guidance on them. Theseresponsibilities apply to all land managers, including individuals,companies, local authorities, charities and other institutions,and other public bodies47.
What is responsible behaviour?
4.2 The Land Reform (Scotland) Act 200348 states that, for landand water where access rights apply, you are using andmanaging your land and water responsibly in relation to accessrights if you:
• do not cause unreasonable interference with the accessrights of anyone exercising or seeking to exercise them; andif you
• act lawfully and reasonably, and take proper account of theinterests of people exercising or seeking to exercise accessrights.
4.3 If you follow the guidance in this part of the Code, then youwill be managing your land and water responsibly in relation toaccess rights. Part 5 of the Code provides a practical guide, formany everyday situations, to access rights and to yourresponsibilities, and those of people exercising access rights.This guidance suggests a few simple measures that promote apositive approach and should ensure that you can continuewith your work without any significant modifications beingneeded.
47 See paragraph 1.7.48 Section 3, Land Reform (Scotland) Act 2003
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4.4 Following the guidance in this Code will also ensure thatpeople who wish to exercise or who are exercising accessrights are not unreasonably prevented, hindered or discouragedfrom doing so. A positive approach towards paths and tracks,and towards informing the public about land managementoperations, will go a long way to minimising problems andencouraging responsible attitudes. Many land managersalready adopt this approach.
4.5 Guidance on the responsibilities of people exercising accessrights is set out in Part 3 of this Code. This guidance askspeople to:
• take responsibility for their actions;
• respect the privacy of others;
• help land managers to work safely and effectively;
• care for their environment;
• keep dogs under proper control; and to
• take extra care if they are organising an event or running abusiness utilising access rights.
4.6 Much of the guidance in Part 3 will help to minimise anyinterference likely to be caused by people exercising accessrights and ensure that you can continue to manage your landsafely and effectively. Your responsibilities are set out below.
Respect access rights in managing your landor water
4.7 The Land Reform (Scotland) Act 2003 states that, for thepurpose or main purpose of preventing or deterring any personentitled to exercise access rights from doing so, you must not:
• put up any sign or notice;
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• put up any fence or wall;
• position or leave at large any animal;
• carry out any agricultural or other operation on the land; or
• take, or fail to take, any other action49.
4.8 This essentially means not obstructing or hindering peoplefrom exercising access rights, either by physically obstructingaccess or by otherwise discouraging or intimidating them.Local authorities have a duty to uphold access rights and havepowers to remove prohibition signs, obstructions anddangerous impediments, and to recover costs from the landmanager responsible for the sign, obstruction or impediment50.
4.9 This Code defines an obstruction or impediment as anythingthat stops or hinders anyone from exercising access rightsresponsibly. Obviously, land management involves putting upsigns or notices, building fences or walls, ploughing fields,moving animals, storing materials, carrying out potentiallydangerous land management operations (see paragraphs 4.11to 4.17) and many other tasks. Given this, there is a need todefine the point at which an action is deemed to be eitherdeliberate or unreasonable in obstructing or hindering someonefrom exercising access rights. Examples of what might bedeliberate or unreasonable could include:
• not reinstating a core path or right of way which has beenploughed, or had its surface otherwise disturbed, within 14days of this happening51;
• asking people to avoid using a route or area when there isno safety-related reason to do so, or keeping up such a signwhen the hazard has ceased (for example, keeping up a sign
49 Section 14 (1), Land Reform (Scotland) Act 200350 Section 14, Land Reform (Scotland) Act 200351 Failure to do this is an offence under Section 23 of the Land Reform
(Scotland) Act 2003.
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saying that a field has been sprayed with acid beyond thatrequired by Regulations);
• locking a gate on any path or track without reasonablecause52 or on any well-used path or track53 without providingan appropriate alternative for non-motorised access;
• putting up a fence, wall or other barrier across a path ortrack without providing a gate or other access point, orputting up a high fence over long stretches of open countrywithout providing gates, gaps or other access points;
• placing a fence or other barrier right across a river withoutreasonable cause, or without leaving an appropriate gapwhere the river is used by canoeists;
• putting an electric wire or barbed wire across a gate or stilewithout providing some sort of protection for people;
• deliberately or unnecessarily making a path or track thatmight be used by the public difficult to use, such as bydumping materials or leaving machinery across it or bystoring slurry or other waste, or providing an animal feedingsite, over or next to it, when this could readily be doneelsewhere, or by not reinstating the surface following landmanagement operations;
• removing a path or a gate, or an access point to a river orloch, without providing a reasonable alternative nearby;
• erecting a sign or notice worded in a way which intimidatesor deters the public;
• leaving an animal known to be dangerous in a field or areawhere there is a path or track likely to be used by the public;
52 For example, good reasons to lock a gate might be where it is important to prevent the movement of farm animals from one field into another field of farm animals or directly onto a public road, or where the local authority agreesthat there is a problem with unauthorised motorised access.
53 A "well-used" path or track is likely to be a core path, a public right of way, a signposted or promoted route, or one that is close to a town or village and which is likely to be used by local people and visitors.
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• allowing a guard dog or working dog to intimidate people,especially close to paths and tracks;
• closing off an existing roadside parking area that is used foraccess purposes without giving appropriate notice to thelocal authority; or
• failing to take account of access rights when planning andundertaking a major land use change, such as planting newforests, building a golf course or developing new buildingsand roads.
4.10 Paths and tracks can be a good way of providing for andmanaging access on your land so that it is integrated with landmanagement. This is because many people, including disabledpeople and older people, prefer to use paths rather than goacross fields or along roads and you have a better idea ofwhere people are likely to be. Of course, people are notobliged to use paths and there will be places for which a fixedpath may not be necessary or helpful and where onlyoccasional access will be sought. However, it is sensible toretain paths wherever they exist and to reinstate them afterland management operations have been undertaken. The LandReform (Scotland) Act 2003 introduces a wide range of newduties and powers for local authorities to create, protect andmanage paths, and to remove obstructions (see Part 6 of theCode). If you are in any doubt about doing something thatmight affect access rights along a path or track, talk to yourlocal authority about it.
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Key points to remember:
• do not purposefully or unreasonably prevent, hinderor deter people from exercising access rights on oroff paths and tracks;
• use paths and tracks as a way of providing for andmanaging access across your land so that access isintegrated with land management;
• take account of access rights when planning andimplementing any major land use change ordevelopment.
Act reasonably when asking people to avoidland management operations
4.11 The establishment of access rights does not prevent you, as aland manager, from carrying out a wide range of landmanagement operations as safely and effectively as possible(and so meet your obligations under the Health & Safety atWork Act 1974 and other relevant legislation). A keyresponsibility placed on those exercising access rights is to nothinder this work (see paragraphs 3.24 to 3.28).
4.12 Much of your work is clearly visible when it is in progress andposes only very localised and obvious hazards or lasts only ashort time. These activities include:
• ploughing, and sowing and harvesting crops;
• planting trees and hedges, or cutting branches;
• moving animals from field to field or to farm buildings;
• muirburn;
• cutting grass on playing fields or golf courses;
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• erecting fences, walls, hedges and gates;
• routine maintenance and repairs on reservoirs or waterintakes; or
• dredging in rivers and lochs.
People exercising access rights are asked to proceed carefullyand to keep a safe distance if they come across such workwhilst it is in progress (see paragraph 3.26). If there is anopportunity to do so, you can ask people to follow a particularroute (for example, to go around the edge of the field or into aneighbouring field or onto adjacent ground) to help minimiserisks to their safety.
4.13 In a limited number of cases, such as when crops are beingsprayed with pesticides or trees are being felled and harvestedin a forest, or when dangerous materials are being used orstored, more serious and/or less obvious hazards can arise.You need to ensure that a suitable risk assessment has beencarried out in order to identify any significant risks to the publicand any precautions that need to be taken. In certain cases,the only way to prevent or adequately control the risks may beto manage access by the public, as in the case of red flagprocedures used during active military training. If suchmanagement is required, give clear information to the publicregarding:
• use of a particular route or area while the relevant operationis carried out; or to
• carrying on a particular activity (for example, it might be safefor someone to walk through or around a field but not topicnic) while the relevant operation is going on or for a setperiod thereafter.
4.14 If you are organising a corporate, community or social event,such as an agricultural show, car boot sale, wedding reception,
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music festival, tournament or a car rally, you can ask people toavoid using a particular route or area for the duration of theevent. In many cases, as with land management operations,informal arrangements will be sufficient to ensure that anyinterference from the exercise of access rights is kept to aminimum. If more formal arrangements are necessary, you canask your local authority to exclude the land from access rightsfor the duration of the event54.
4.15 People exercising access rights need to follow any precautionsregarding the use of a particular route or area or carrying out aparticular activity (see paragraph 3.27), but these precautionsneed to be reasonable and practicable. This means that thearea involved and duration of any precaution needs to be keptto the minimum required to allow the work to be conductedsafely and effectively, and that any request is appropriate forthe type of operation and the level of risk involved55. As far asis reasonable and practicable:
• keep the boundaries of the area affected to identifiablefeatures on the ground (such as a dyke, fence or stream) orto a specified distance if there is no clear feature;
• tell the public, at any obvious access points (such as carparks and gates), where and for how long an operation isgoing on, using any standard wording that is already used orwhich becomes available;
• provide or suggest alternative routes, especially if theoperation is likely to affect a well-used path or track, or apopular recreation site.
4.16 This does not mean that for every such operation you must tellthe public or provide alternative routes. Generally, the higher
54 Under Section 11 of the Land Reform (Scotland) Act 2003. Local authorities can approve orders for up to five days. Orders for six or more days require public consultation and Ministerial approval.
55 This requirement also applies to any official signage, such as that used for animal biosecurity purposes.
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the likely levels of public access (such as along well-usedroutes, at popular places or at the weekend) or the moredangerous an operation is likely to be, the more you need togive information or identify alternative routes. The action youtake needs to be appropriate for the level of risk involved,which depends on the nature of the work, the site and thelevels of recreational use expected.
4.17 In considering what is reasonable and practicable, you could:
• use any readily available information or guidance on how anyeffects of a land management operation can be minimised;
• use any general risk assessments developed for landmanagement operations; and
• think about where and when people are likely to beexercising access rights, and whether the hazard is unlikelyto be obvious to the public.
Key points to remember:
• if it is necessary for safely and effectivelyundertaking a land management operation, you canask people to go around the edge of the field or togo into a neighbouring field;
• where there are more serious or less obvioushazards, you can take precautions, such as askingpeople to avoid using a particular route or area or toavoid doing a particular activity;
• these requests need to be for the minimum area andduration required to safeguard people’s safety.
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Work with your local authority and otherbodies to help integrate access and landmanagement
4.18 The Land Reform (Scotland) Act 2003 requires that you takeproper account of the interests of those exercising or seekingto exercise access rights56. The responsibilities placed on thoseexercising access rights (Part 3) will help to minimise anyinterference with your work.
4.19 There will be occasions, though, when steps need to be takento provide for and manage access and recreation. For example,if you experience relatively high levels of public access,manage land close to a town or city, or believe that access iscausing problems for your work or for the environment, then itis sensible to work with your local authority, your local accessforum and others, including representative bodies forrecreation and land management, to help facilitate and managefor access. Local authorities have a wide range of duties andpowers to help with these sorts of situations (see Part 6 of thisCode). If your local authority is wishing to develop new routesor other facilities, or promote responsible access through aranger service or good signposting, then working with themmakes a lot of sense.
4.20 Paths are often an effective way of providing for access acrossland as most people prefer to walk or ride along paths and theyprovide a good opportunity to successfully integrate accesswith land management. Local authorities have a new duty toprepare a core paths plan for their areas and have new powersto implement these, such as through path agreements. Youcan get involved in planning the core path network for yourarea by suggesting, for example, the best routes across your
56 Section 3, Land Reform (Scotland) Act 2003. Those exercising access rights need to take proper account of the interests of others (such as land managersand other people exercising access rights) and this is reflected in the responsibilities set out in Part 3 of this Code.
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farm, croft or estate. If you wish to encourage people to avoidsensitive areas or to go around, rather than through, farmyards,providing and/or signposting paths can help greatly. Workingwith your local authority and other bodies can help to achievethis.
4.21 Where appropriate, therefore, you could:
• suggest routes, including possible core paths, where accesswould cause least problems for your work and privacy;
• signpost practicable routes around farmyards, and aroundother working areas, if you do not wish the public to takeaccess through such areas;
• work to protect paths when carrying out land managementoperations;
• identify particular margins around fields of growing cropsthat you would wish to encourage people to use;
• suggest places where people could best gain access torivers or lochs with least impact on your work and privacy;
• suggest how you would like to see the local authority rangerservice work on your land; and
• identify where best to provide people with advice andinformation.
Doing this should put you in a better position to influence thework and priorities of your local authority, your local accessforum and others, and to seek any financial assistance andother support that might be available.
4.22 If you are contacted by the organiser of a group or event (seeparagraphs 3.57 to 3.64), reply positively. If your consent isrequired, you are encouraged to give this if your concerns orthose of others can be properly addressed.
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Key points to remember:
• people tend to respond best to land managers whoshow that people are welcome;
• where possible, work closely with your localauthority and others to help provide good pathsacross your land and to manage access positively,such as through the local authority ranger service;
• think about how you would like to see accessprovided for and managed on your land or waterand involve your local authority in this.
Take account of access rights if you managecontiguous land or water
4.23 The guidance set out in paragraphs 4.5 to 4.22 applies to landmanagers responsible for land or water on which access rightscan be exercised. This part of the Code provides guidance toland managers who are responsible for land or water on whichthese rights are not exercisable but where the management oftheir land or water may affect the exercise of access rights oncontiguous land57.
4.24 Land on which access rights cannot be exercised includesfarmyards, railway and airfield infrastructure, building andconstruction sites, gardens, the curtilages of buildings andsome dams (see paragraph 2.11). In using and managing thisland, you need to take account of how this might affect theexercise of access rights on neighbouring land, particularlythrough those farmyards and across those dams where peoplemight currently take access with few problems arising. In
57 Section 10 (1) (d), Land Reform (Scotland) Act 2003 allows the Code to be used to give advice to managers of land to which access rights do not apply but which is contiguous with such land.
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these sorts of situations, it would be reasonable for people toexpect that such customary access could continue. Rights ofway may cross your land and these rights will continue.
4.25 Wherever possible:
• respect any rights of way or customary access across yourland or water;
• avoid the use of “no access” signs or the locking or removalof gates or other access points, particularly on paths ortracks likely to be used by the public or without providing analternative means of access;
• work with your local authority and others to provide andmanage routes across your land that would best help tointegrate access and land management; and
• consider what impact your work might have on peopleexercising access rights on neighbouring land and modifyyour work where this is reasonably practicable.
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Part 5 A PRACTICAL GUIDE TO ACCESS RIGHTS AND RESPONSIBILITIES
5.1 The responsibilities listed in part 3 of the Code applyregardless of your activity and those listed in part 4 of theCode apply to all land managers. This part of the Codeindicates how these responsibilities apply to the morecommon situations encountered in the outdoors. By doing so,it provides a practical guide to help the public and landmanagers to decide what best to do in these sorts ofsituations. It does not cover all situations or activities but itshould help to indicate what is or is not responsible behaviour.The guide is arranged alphabetically, as follows:
• Air sports
• Beaches and the foreshore
• Canals
• Canoeing, rafting, rowing and sailing
• Car parking
• Climbing
• Cultural heritage sites
• Cycling
• Dams
• Deer stalking in forests and woods
• Deer stalking on the open hill
• Disabled access
• Dogs
• Farmyards
• Fields of grass, hay and silage
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• Fields of growing crops
• Fields where crops are being sprayed and fertilised
• Fields which are being ploughed or where crops are beingharvested
• Fields with farm animals
• Fields with young animals present
• Fishing
• Forests and woods
• Forests and woods with ongoing forest operations
• Gates, fences and drystane dykes
• Golf courses
• Grouse shooting
• Horse riding
• Houses and gardens
• Human waste
• Lighting fires
• Litter
• Low-ground shooting
• Margins of fields of growing crops
• Military lands
• Nature reserves and other conservation areas
• Paths and tracks
• Picking wild berries and mushrooms
• Picnicking
• Public parks and other open spaces
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• Riverbanks and loch shores
• Rivers, lochs and reservoirs
• School playing fields
• Sporting and other events
• Sports pitches
• Swimming
• Unfenced grassland with farm animals
• Wild camping
• Wildlife watching and surveys
5.2 Various recreation and land management bodies, as well asmany public bodies, produce more detailed advice andguidance about good practice relevant to their activities orinterests. These can cover a wide range of issues, includinggood behaviour, safety and the environment. As such, they cancomplement the guidance relating to the responsible exerciseof access rights provided in this Code. Given the range ofguidance and advice provided, it makes good sense to beaware of these and to follow the suggestions for goodpractice. Find out more by contacting a relevant body or goingto www.outdooraccess-scotland.com.
5.3 Recreation and land management bodies are recommended tocontact SNH before finalising advice on access and goodpractice and to ensure that such advice is compliant with theprovisions of the Act and consistent with the Code.
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ed.
Acc
ess
to S
cotla
nd’s
bea
ches
and
coas
tline
is im
port
ant,
par
ticul
arly
as m
any
peop
le e
njoy
the
se
plac
es.
Whe
re a
ppro
pria
te,
wor
k
with
you
r lo
cal a
utho
rity
and
othe
r
bodi
es t
o he
lp f
acili
tate
and
man
age
such
acc
ess.
Acc
ess
right
s ar
e ex
erci
sabl
e ab
ove
the
surf
ace
of t
he la
nd a
nd s
o ex
tend
to
non-
mot
oris
ed a
ir sp
orts
, su
ch a
s pa
ragl
idin
g. B
y th
eir
very
nat
ure,
man
y of
thes
e ac
tiviti
es r
equi
re t
he u
se o
f hi
lltop
s an
d es
carp
men
ts.
Mai
ntai
n go
od
liais
on w
ith r
elev
ant
land
man
ager
s at
wel
l-use
d la
unch
ing
and
land
ing
poin
ts.
Take
car
e no
t to
ala
rm w
ildlif
e or
far
m a
nim
als
and
avoi
d da
mag
ing
crop
s. I
f yo
u w
ish
to s
et u
p a
land
ing
poin
t, s
uch
as f
or a
n ev
ent,
con
tact
the
rele
vant
land
man
ager
(s).
Acc
ess
right
s ex
tend
to
beac
hes
and
the
fore
shor
e. F
ollo
w a
ny l o
cal
guid
ance
aim
ed a
t re
duci
ng d
une
or m
acha
ir er
osio
n or
at
avoi
ding
dist
urba
nce
of n
estin
g bi
rds.
Pub
lic r
ight
s on
the
for
esho
re w
ill c
ontin
ue t
o
exis
t, in
clud
ing
shoo
ting
wild
fow
l, fis
hing
for
sea
fis
h, li
ghtin
g fir
es,
beac
hcom
bing
, sw
imm
ing,
pla
ying
and
pic
nick
ing.
AIR
SP
OR
TS
BE
AC
HE
S A
ND
TH
E F
OR
ES
HO
RE
>>
73
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
YLA
ND
MA
NA
GE
RS
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
Y T
HE
PU
BLI
C
All
man
ager
s of
can
als
are
enco
urag
ed t
o fa
cilit
ate
acce
ss t
o
tow
path
s by
all
type
s of
use
r an
d
to p
rovi
de in
form
atio
n on
whe
re
peop
le c
an b
est
exer
cise
acc
ess
right
s on
can
als
and
tow
path
s.
Acc
ess
right
s ex
tend
to
cana
ls,
cana
l tow
path
s an
d ca
nal e
mba
nkm
ents
, bu
t
the
amou
nt o
f re
crea
tiona
l and
com
mer
cial
use
and
the
saf
ety
issu
es a
risin
g
mea
ns t
hat
this
use
has
to
be m
anag
ed.
If y
ou w
ish
to c
anoe
or
unde
rtak
e
othe
r w
ater
-bas
ed a
ctiv
ities
on
cana
ls,
follo
w a
ny lo
cal b
yela
ws
or
regu
latio
ns,
incl
udin
g th
e W
ater
way
s C
ode.
Rem
embe
r th
at c
anal
s ca
n
som
etim
es b
e co
nfin
ed a
nd m
ay c
onta
in d
eep
wat
er.
For
saf
ety
reas
ons,
alw
ays
give
way
to
mot
oris
ed c
raft
. C
anal
lock
s an
d lif
ts a
re r
egar
ded
as
stru
ctur
es a
nd s
o ac
cess
rig
hts
do n
ot a
pply
. H
owev
er,
acce
ss a
cros
s so
me
lock
gat
es m
ight
be
poss
ible
whe
re s
peci
fic p
rovi
sion
for
acc
ess
has
been
mad
e.
Som
e pe
ople
sta
y ov
erni
ght
on b
oats
on
cana
ls a
nd s
o yo
u ne
ed t
o re
spec
t
the
priv
acy
and
peac
e of
tho
se li
ving
in b
oats
. Ta
ke c
are
not
to c
ause
ala
rm
or a
nnoy
ance
, es
peci
ally
at
nigh
t. S
ome
tow
path
s ca
n pr
ovid
e go
od a
cces
s
for
cycl
ing
and
hors
e rid
ing,
but
whe
n a
tow
path
bec
omes
too
na r
row
or
dang
erou
s, s
uch
as w
here
the
re a
re lo
w b
ridge
s, t
hen
dism
ount
. K
eep
dogs
on a
sho
rt le
ad t
o av
oid
caus
ing
prob
lem
s fo
r ot
her
user
s an
d f o
r w
ildlif
e.
CA
NA
LS>
74
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
YLA
ND
MA
NA
GE
RS
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
Y T
HE
PU
BLI
C
Whe
re a
ppro
pria
te,
wor
k w
ith
your
loca
l aut
horit
y an
d/or
recr
eatio
n gr
oups
to
iden
tify
suita
ble
park
ing
and
laun
chin
g
site
s.
Whe
re in
tens
ive
recr
eatio
nal u
se c
ause
s sa
fety
,
oper
atio
nal o
r en
viro
nmen
tal
conc
erns
you
cou
ld w
ork
with
your
loca
l aut
horit
y an
d/or
recr
eatio
n gr
oups
to
dete
rmin
e
wha
t m
anag
emen
t m
easu
res
mig
ht b
e ne
eded
. W
here
ver
poss
ible
, if
a cl
ub o
r gr
oup
of
user
s w
ishe
s to
hav
e a
mot
oris
ed
resc
ue b
oat
pres
ent
for
safe
ty
reas
ons
give
per
mis
sion
for
thi
s.
Acc
ess
right
s ex
tend
to
non-
mot
oris
ed w
ater
-bas
ed a
ctiv
ities
, su
ch a
s
cano
eing
, ra
ftin
g, r
owin
g an
d sa
iling
. M
ake
sure
tha
t th
e riv
er,
loch
or
rese
rvoi
r is
app
ropr
iate
for
you
r ac
tivity
and
the
num
bers
invo
lved
, ta
ke c
are
not
to in
terf
ere
unre
ason
ably
with
oth
er in
tere
sts
and
avoi
d go
ing
clos
e to
wat
er in
take
s, a
bstr
actio
n po
ints
or
spill
way
s. O
n so
me
wat
er b
odie
s th
at
are
inte
nsiv
ely
used
for
a w
ide
rang
e of
act
iviti
es,
vario
us m
anag
emen
t
mea
sure
s, s
uch
as z
onin
g an
d by
elaw
s, m
ay b
e ne
eded
for
saf
ety
or w
ater
qual
ity r
easo
ns a
nd t
o pr
otec
t th
e en
viro
nmen
t.
Follo
w a
ny a
gree
d gu
idan
ce
prov
ided
.
Res
pect
the
nee
ds o
f an
gler
s by
avo
idin
g ne
ts o
r ot
her
fishi
ng t
ackl
e.
Whe
n
clos
e to
ang
lers
kee
p no
ise
and
othe
r di
stur
banc
e to
a m
inim
um.
On
loch
s,
keep
a s
afe
dist
ance
fro
m a
ngle
rs.
On
river
s or
oth
er c
onfin
ed w
ater
s,
awai
t a
sign
al f
rom
the
ang
ler
or g
hilli
e to
pro
ceed
if t
hey
have
a li
ne in
the
wat
er a
nd f
ollo
w a
ny s
ugge
sted
rou
te t
hey
indi
cate
if s
afe
and
prac
ticab
le t
o
do s
o. T
ake
extr
a ca
re w
hen
ente
ring
and
leav
ing
wat
er t
o av
oid
dam
agin
g
the
bank
s or
dis
turb
ing
wild
life,
and
use
a p
ublic
slip
way
if o
ne is
clo
se b
y.
cont
.CA
NO
EIN
G,
RA
FTIN
G,
RO
WIN
G A
ND
SA
ILIN
G>
75
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
YLA
ND
MA
NA
GE
RS
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
Y T
HE
PU
BLI
C
Do
not
pollu
te t
he w
ater
.
If y
ou w
ish
to c
anoe
or
sail
on a
loch
or
rese
rvoi
r us
ed in
tens
ivel
y by
a
com
mer
cial
fis
hery
, be
aw
are
that
thi
s ca
n be
ver
y di
srup
tive,
may
rai
se
safe
ty is
sues
bec
ause
of
the
high
num
ber
of a
ngle
rs in
a r
elat
ivel
y sm
all
area
and
may
impa
ct o
n th
e op
erat
ion
of t
hese
bus
ines
ses.
A
lway
s ta
lk t
o
the
land
man
ager
bef
ore
goin
g on
to s
uch
wat
er.
CA
NO
EIN
G,
RA
FTIN
G,
RO
WIN
G A
ND
SA
ILIN
G
co
nt.
>
76
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
YLA
ND
MA
NA
GE
RS
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
Y T
HE
PU
BLI
C
Whe
re a
ppro
pria
te,
such
as
whe
re
ther
e is
a lo
t of
info
rmal
par
king
caus
ing
loca
l con
cern
s, w
ork
with
your
loca
l aut
horit
y an
d ot
her
bodi
es t
o se
e if
a fo
rmal
car
par
k
coul
d be
pro
vide
d.
Acc
ess
right
s do
not
ext
end
to a
ny m
otor
ised
act
iviti
es.
How
ever
, m
any
peop
le u
se t
heir
cars
to
get
into
the
out
door
s an
d pa
rkin
g a
vehi
cle
with
out
rega
rd t
o th
e in
tere
sts
of o
ther
peo
ple
can
caus
e pr
oble
ms.
The
refo
re,
whe
n yo
u pa
rk y
our
vehi
cle
it is
impo
rtan
t no
t to
cau
se a
ny d
amag
e or
crea
te a
n ob
stru
ctio
n by
:
•no
t bl
ocki
ng a
n en
tran
ce t
o a
field
or
build
ing;
•no
t m
akin
g it
diff
icul
t fo
r ot
her
peop
le t
o us
e a
road
or
trac
k;
•ha
ving
reg
ard
for
the
safe
ty o
f ot
hers
;
•tr
ying
not
to
dam
age
the
verg
e; a
nd
•us
ing
a ca
r pa
rk if
one
is n
earb
y.
CA
R P
AR
KIN
G>
77
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
YLA
ND
MA
NA
GE
RS
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
Y T
HE
PU
BLI
C
Acc
ess
right
s ex
tend
to
clim
bing
. F
ollo
w a
ny a
gree
men
ts b
etw
een
a la
nd
man
ager
and
rec
reat
iona
l gro
ups
that
see
k, f
or e
xam
ple,
to
safe
guar
d a
rare
bird
nes
ting
site
(su
ch a
n ag
reem
ent
mig
ht a
sk y
ou n
ot t
o cl
imb
part
icul
ar
cliff
s or
sec
tions
of
cliff
s du
ring
the
bree
ding
sea
son)
. I
f yo
u ar
e ca
mpi
ng
clos
e to
a c
liff,
fol
low
the
gui
danc
e fo
r w
ild c
ampi
ng.
CLI
MB
ING
>
78
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
YLA
ND
MA
NA
GE
RS
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
Y T
HE
PU
BLI
C
You
can
char
ge f
or s
ervi
ces
prov
ided
and
for
ent
ry t
o
build
ings
. P
ublic
bod
ies
shou
ld
prov
ide
info
rmat
ion
to v
isito
rs o
n
how
the
y m
ight
bes
t av
oid
caus
ing
any
dam
age
or
dist
urba
nce
to a
site
.
Acc
ess
right
s do
not
app
ly t
o bu
ildin
gs o
r to
oth
er c
ultu
ral h
erita
ge s
ites
whe
re a
legi
timat
e en
try
char
ge is
levi
ed.
In o
ther
cas
es,
such
as
man
y
unsu
perv
ised
his
toric
or
arch
aeol
ogic
al s
ites,
acc
ess
right
s ap
ply.
The
se
site
s ca
n be
of
grea
t va
lue,
tho
ugh
they
mig
ht n
ot a
lway
s be
obv
ious
on
the
grou
nd,
so it
is im
port
ant
to lo
ok a
fter
the
m.
Follo
w a
ny lo
cal b
yela
ws,
regu
latio
ns o
r ap
prov
ed g
uida
nce
aski
ng y
ou t
o m
odify
you
r be
havi
our
in
orde
r to
pro
tect
a c
ultu
ral h
erita
ge s
ite.
Leav
e th
e si
te a
s yo
u fin
d it
by:
•ta
king
car
e no
t to
mov
e, d
istu
rb,
dam
age
or d
efac
e an
y st
ones
, w
alls
,
stru
ctur
es o
r ot
her
feat
ures
;
•no
t re
mov
ing
anyt
hing
fro
m it
;
•no
t lig
htin
g fir
es,
cam
ping
or
usin
g m
etal
det
ecto
rs t
here
;
•no
t in
terf
erin
g w
ith o
r en
terin
g an
y ar
chae
olog
ical
exc
avat
ion s
.
CU
LTU
RA
L H
ER
ITA
GE
SIT
ES
>
79
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
YLA
ND
MA
NA
GE
RS
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
Y T
HE
PU
BLI
C
Whe
re p
ossi
ble,
wor
k w
ith y
our
loca
l aut
horit
y an
d ot
her
bodi
es t
o
help
iden
tify
path
s or
rou
tes
acro
ss y
our
land
whi
ch a
re s
uite
d
for
cycl
ing.
If
you
need
to
put
a
fenc
e ac
ross
a p
ath
or t
rack
the
n
inst
all a
gat
e w
hich
allo
ws
mul
ti-us
e ac
cess
.
Acc
ess
right
s ex
tend
to
cycl
ing.
Cyc
ling
on h
ard
surf
aces
, su
ch a
s w
ide
path
s an
d tr
acks
, ca
uses
few
pro
blem
s. O
n na
rrow
rou
tes,
cyc
ling
may
caus
e pr
oble
ms
for
othe
r pe
ople
, su
ch a
s w
alke
rs a
nd h
orse
rid
ers.
If
this
occu
rs,
dism
ount
and
wal
k un
til t
he p
ath
beco
mes
sui
tabl
e ag
ain.
Do
not
enda
nger
wal
kers
and
hor
se r
ider
s: g
ive
othe
r us
ers
adva
nce
war
ning
of
your
pre
senc
e an
d gi
ve w
ay t
o th
em o
n a
narr
ow p
ath.
Tak
e ca
re n
ot t
o
alar
m f
arm
ani
mal
s, h
orse
s an
d w
ildlif
e. I
f yo
u ar
e cy
clin
g of
f-pa
th,
part
icul
arly
in w
inte
r, av
oid:
•go
ing
onto
wet
, bo
ggy
or s
oft
grou
nd;
and
•ch
urni
ng u
p th
e su
rfac
e.
CY
CLI
NG
>
80
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
YLA
ND
MA
NA
GE
RS
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
Y T
HE
PU
BLI
C
Ow
ners
are
enc
oura
ged
to
supp
ort
acce
ss a
cros
s da
ms
if
ther
e ar
e no
spe
cific
saf
ety
issu
es.
Take
ste
ps t
o ad
vise
peop
le o
f an
y w
ater
dis
char
ges
likel
y to
cau
se a
haz
ard.
Whe
neve
r po
ssib
le,
resp
ond
posi
tivel
y to
any
req
uest
s fo
r
info
rmat
ion
conc
erni
ng w
ater
disc
harg
es t
o su
ppor
t th
e ex
erci
se
of a
cces
s rig
hts.
Dam
s ar
e ge
nera
lly r
egar
ded
as s
truc
ture
s an
d in
the
se c
ases
acc
ess
right
s
do n
ot a
pply
. H
owev
er,
acce
ss a
cros
s da
ms
is a
ccep
ted
by m
any
land
man
ager
s an
d so
you
sho
uld
be a
ble
to c
ontin
ue t
o ta
ke a
cces
s ac
ross
suc
h
dam
s. F
ollo
w a
ny lo
cal g
uida
nce
on s
afet
y pr
ecau
tions
.
DA
MS
>
81
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
YLA
ND
MA
NA
GE
RS
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
Y T
HE
PU
BLI
C
Res
pect
the
nee
ds o
f pe
ople
exer
cisi
ng a
cces
s rig
hts
resp
onsi
bly,
by
bein
g aw
are
of
whe
re r
ecre
atio
nal u
se is
like
ly.
Put
ting
up s
igns
, al
thou
gh
gene
rally
not
nec
essa
ry,
may
hel
p
peop
le t
o us
e al
tern
ativ
e ro
utes
.
Dee
r co
ntro
l can
tak
e pl
ace
with
in f
ores
ts a
ll ye
ar r
ound
, of
ten
arou
nd d
awn
and
dusk
. Y
ou c
an h
elp
to m
inim
ise
dist
urba
nce
by t
akin
g ex
tra
care
at
thes
e tim
es,
and
by f
ollo
win
g an
y si
gns
and
notic
es,
if de
er s
talk
ing
is t
akin
g
plac
e. DE
ER
STA
LKIN
G I
N F
OR
ES
TS A
ND
WO
OD
S>
82
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
YLA
ND
MA
NA
GE
RS
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
Y T
HE
PU
BLI
C
Be
awar
e of
whe
re r
ecre
atio
nal
use
is li
kely
, su
ch a
s al
ong
path
s,
popu
lar
rout
es a
nd r
idge
line
s.
Tell
peop
le a
bout
whe
re s
talk
ing
is
taki
ng p
lace
by
usin
g a
Hill
phon
es
serv
ice
or b
y us
ing
sign
s an
d
info
rmat
ion
boar
ds (
in a
ccor
danc
e
with
thi
s C
ode)
to
give
on-
the-
day
info
rmat
ion
on s
talk
ing
and
alte
rnat
ive
rout
es.
Dee
r m
anag
emen
t ca
n ta
ke p
lace
dur
ing
man
y m
onth
s of
the
yea
r bu
t th
e
mos
t se
nsiti
ve t
ime
is t
he s
tag
stal
king
sea
son
(usu
ally
fro
m 1
Jul
y to
20 O
ctob
er,
but
with
mos
t st
alki
ng t
akin
g pl
ace
from
Aug
ust
onw
ards
).
Dur
ing
this
sea
son,
you
can
hel
p to
min
imis
e di
stur
banc
e by
tak
ing
reas
onab
le s
teps
to
find
out
whe
re s
talk
ing
is t
akin
g pl
ace
(suc
h as
by
usin
g
the
Hill
phon
es s
ervi
ce w
here
one
is a
vaila
ble)
and
by
taki
ng a
ccou
nt o
f
advi
ce o
n al
tern
ativ
e ro
utes
. A
void
cro
ssin
g la
nd w
here
sta
lkin
g is
tak
ing
plac
e. S
talk
ing
does
not
nor
mal
ly t
ake
plac
e on
Sun
days
.
DE
ER
STA
LKIN
G O
N T
HE
OP
EN
HIL
L>
83
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
YLA
ND
MA
NA
GE
RS
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
Y T
HE
PU
BLI
C
Whe
re a
ppro
pria
te,
wor
k w
ith
your
loca
l aut
horit
y to
iden
tify
rout
es,
incl
udin
g co
re p
aths
tha
t
can
be e
asily
use
d by
peo
ple
with
a di
sabi
lity.
Whe
reve
r re
ason
ably
prac
ticab
le,
prov
ide
gate
s, r
athe
r
than
stil
es,
on
path
s an
d tr
acks
.
This
will
hel
p so
me
disa
bled
peop
le,
such
as
whe
elch
air
user
s.
Acc
ess
right
s ap
ply
to e
very
one,
incl
udin
g pe
ople
with
a d
isab
ility
. A
cces
s
right
s ex
tend
to
bein
g on
or
cros
sing
land
in a
mot
oris
ed v
ehic
le o
r ve
ssel
whi
ch h
as b
een
cons
truc
ted
or a
dapt
ed f
or u
se b
y a
pers
on w
ith a
dis
abili
ty
and
whi
ch is
bei
ng u
sed
by t
hat
pers
on.
Follo
w t
he H
ighw
ay C
ode
at a
ll
times
. If
you
are
usi
ng s
uch
a ve
hicl
e or
ves
sel,
take
car
e to
avo
id d
istu
rbin
g
anim
als
or w
ildlif
e, a
nd r
espe
ct t
he n
eeds
of
othe
r pe
ople
exe
rcis
ing
acce
ss
right
s an
d th
e ne
eds
of la
nd m
anag
ers.
DIS
AB
LED
AC
CE
SS
>
84
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
YLA
ND
MA
NA
GE
RS
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
Y T
HE
PU
BLI
C
Do
not
allo
w a
gua
rd d
og o
r
wor
king
dog
to
alar
m p
eopl
e,
espe
cial
ly c
lose
to
path
s an
d
trac
ks
Acc
ess
right
s ap
ply
to p
eopl
e w
alki
ng d
ogs
prov
ided
tha
t th
eir
dog(
s) is
kep
t
unde
r pr
oper
con
trol
. Yo
ur m
ain
resp
onsi
bilit
ies
are:
•ne
ver
let
your
dog
wor
ry o
r at
tack
live
stoc
k;
•do
not
tak
e yo
ur d
og in
to f
ield
s w
here
the
re a
re la
mbs
, ca
lves
or
othe
r
youn
g an
imal
s;
•do
not
tak
e yo
ur d
og in
to f
ield
s of
veg
etab
les
or f
ruit
unle
ss t
here
is a
clea
r pa
th,
such
as
a co
re p
ath
or a
rig
ht o
f w
ay,
but
keep
you
r do
g to
the
path
;
•if
you
go in
to a
fie
ld o
f fa
rm a
nim
als,
kee
p yo
ur d
og(s
) on
a s
hort
lead
or u
nder
clo
se c
ontr
ol a
nd k
eep
as f
ar a
s po
ssib
le f
rom
the
ani
mal
s;
•if
catt
le r
eact
agg
ress
ivel
y an
d m
ove
tow
ards
you
, ke
ep c
alm
, le
t th
e
dog
go a
nd t
ake
the
shor
test
, sa
fest
rou
te o
ut o
f th
e fie
ld;
cont
.DO
GS
>
85
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
YLA
ND
MA
NA
GE
RS
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
Y T
HE
PU
BLI
C
•du
ring
the
bird
bre
edin
g se
ason
(us
ually
Apr
il to
Jul
y),
keep
you
r do
g
unde
r cl
ose
cont
rol o
r on
a s
hort
lead
in a
reas
suc
h as
moo
rland
,
fore
sts,
gra
ssla
nd,
loch
sho
res
and
the
seas
hore
;
•in
rec
reat
ion
area
s an
d ot
her
publ
ic p
lace
s av
oid
caus
ing
conc
ern
to
othe
rs b
y ke
epin
g yo
ur d
og u
nder
clo
se c
ontr
ol o
r on
a s
hort
lead
; an
d
•pi
ck u
p an
d re
mov
e yo
ur d
og’s
fae
ces
if it
defe
cate
s in
a p
ublic
ope
n
plac
e.
DO
GS
cont
.>
86
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
YLA
ND
MA
NA
GE
RS
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
Y T
HE
PU
BLI
C
Man
y pa
ths
and
trac
ks g
o th
roug
h
farm
yard
s. I
f th
ere
is n
o rig
ht o
f
way
or
core
pat
h th
roug
h yo
ur
farm
yard
, yo
u ar
e en
cour
aged
to
cont
inue
to
allo
w a
cces
s w
here
this
doe
s no
t in
terf
ere
unre
ason
ably
with
you
r w
ork.
You
coul
d w
ork
with
you
r lo
cal
auth
ority
to
sign
post
the
bes
t
rout
e th
roug
h or
aro
und
your
farm
yard
.
Alth
ough
acc
ess
right
s do
not
ext
end
to f
arm
yard
s, m
any
peop
le t
ake
acce
ss t
hrou
gh f
arm
yard
s w
hen
follo
win
g pa
ths
and
trac
ks.
In p
ract
ice:
•if
a rig
ht o
f w
ay o
r co
re p
ath
goes
thr
ough
a f
arm
yard
, yo
u ca
n fo
llow
this
at
any
time;
•if
a re
ason
able
, pa
ssab
le a
ltern
ativ
e ro
ute
is s
ignp
oste
d ar
ound
the
farm
yard
and
bui
ldin
gs,
then
you
sho
uld
follo
w t
his.
In t
he a
bsen
ce o
f a
right
of
way
, co
re p
ath
or r
easo
nabl
e, s
ignp
oste
d ro
ute
arou
nd t
he f
arm
yard
and
bui
ldin
gs,
you:
•m
ight
be
able
to
go t
hrou
gh t
he f
arm
yard
if t
he f
arm
er is
con
tent
or
if
acce
ss h
as b
een
take
n on
a c
usto
mar
y ba
sis
in t
he p
ast;
or
you
•co
uld
exer
cise
you
r ac
cess
rig
hts
to g
o ar
ound
the
far
mya
rd a
n d
build
ings
.
If y
ou d
o go
thr
ough
a f
arm
yard
, pr
ocee
d sa
fely
and
car
eful
ly,
wat
ch o
ut f
or
mac
hine
ry o
r liv
esto
ck,
and
resp
ect
the
priv
acy
of t
hose
livi
ng o
n th
e fa
rm.
FAR
MYA
RD
S>
87
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
YLA
ND
MA
NA
GE
RS
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
Y T
HE
PU
BLI
C
Leav
ing
uncu
ltiva
ted
mar
gins
can
help
peo
ple
to e
xerc
ise
acce
ss
right
s re
spon
sibl
y an
d he
lp t
o
supp
ort
wild
life
so it
mak
es
sens
e, w
here
ver
poss
ible
, to
do
this
.
Whe
n gr
ass
has
just
bee
n so
wn,
tre
at it
like
any
oth
er c
rop
and
follo
w t
he
appr
opria
te g
uida
nce
(see
fie
lds
of g
row
ing
crop
s).
Whe
n on
land
in w
hich
gras
s is
bei
ng g
row
n fo
r ha
y or
sila
ge y
ou c
an e
xerc
ise
acce
ss r
ight
s un
less
it is
at
such
a la
te s
tage
of
grow
th t
hat
it m
ight
be
dam
aged
. S
uch
gras
s w
ill
be g
row
n in
enc
lose
d fie
lds
and
have
no
anim
als
graz
ing
on it
. A
"la
te s
tage
of g
row
th"
is c
onsi
dere
d to
be
whe
n th
e gr
ass
is a
bove
ank
le h
eigh
t (a
bout
8 in
ches
or
20 c
m).
In s
uch
case
s, u
se p
aths
or
trac
ks w
here
the
y ex
ist
or
go
alon
g th
e m
argi
ns o
f th
e fie
ld.
Gra
ss c
an a
lso
be g
row
n fo
r tu
rf,
usua
lly
on r
elat
ivel
y fla
t gr
ound
and
in la
rge
field
s. I
n th
ese
case
s, u
se p
aths
or
trac
ks w
here
the
y ex
ist
or g
o al
ong
the
mar
gins
of
the
field
, w
hen
the
turf
is
at a
n ea
rly s
tage
of
esta
blis
hmen
t or
if y
ou a
re c
yclin
g or
hor
se r
idin
g.
FIE
LDS
OF
GR
AS
S,
HA
Y, A
ND
SIL
AG
E>
88
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
YLA
ND
MA
NA
GE
RS
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
Y T
HE
PU
BLI
C
Leav
ing
uncu
ltiva
ted
mar
gins
can
help
peo
ple
to e
xerc
ise
acce
ss
right
s re
spon
sibl
y an
d he
lp t
o
supp
ort
wild
life
so it
mak
es
sens
e, w
here
ver
poss
ible
, to
do
this
.
Whe
n ex
erci
sing
acc
ess
right
s in
a f
ield
of
crop
s, a
void
dam
agin
g th
e
crop
by:
•us
ing
any
path
s or
tra
cks;
•us
ing
the
mar
gins
of
the
field
(if
the
mar
gin
is n
arro
w o
r ha
s be
en
plan
ted,
avo
id c
ausi
ng u
nnec
essa
ry d
amag
e by
kee
ping
clo
se t
o th
e
edge
in s
ingl
e fil
e);
•go
ing
alon
g an
y un
sow
n gr
ound
(pr
ovid
ing
this
doe
s no
t da
mag
e th
e
crop
); or
by
•co
nsid
erin
g al
tern
ativ
e ro
utes
on
neig
hbou
ring
grou
nd.
FIE
LDS
OF
GR
OW
ING
CR
OP
S>
89
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
YLA
ND
MA
NA
GE
RS
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
Y T
HE
PU
BLI
C
Kee
p th
e ar
ea a
ffec
ted,
and
the
dura
tion
and
type
of
any
limita
tion,
to t
he m
inim
um r
equi
red.
Whe
re
reas
onab
ly p
ract
icab
le,
prov
ide
info
rmat
ion
on t
he a
rea
spra
yed,
the
mat
eria
l use
d an
d th
e da
tes
for
the
perio
d of
ris
k at
any
obvi
ous
acce
ss p
oint
s, s
uch
as c
ar
park
s an
d ga
tes.
Rem
ove
sign
s
and
notic
es w
hen
they
are
no
long
er n
eede
d.
Land
man
ager
s of
ten
need
to
appl
y fe
rtili
sers
or
othe
r m
ater
ials
, su
ch a
s
slur
ry o
r lim
e, t
o fie
lds
of c
rops
. Th
e du
ratio
n of
the
haz
ard
depe
nds
on t
he
mat
eria
l use
d bu
t ca
n ex
tend
fro
m a
few
hou
rs t
o fo
ur d
ays
in t
he c
ase
of
sulp
huric
aci
d. A
s th
ese
can
be d
ange
rous
to
publ
ic h
ealth
, la
nd m
anag
ers
are
requ
ired
to e
nsur
e th
at p
eopl
e do
not
ent
er la
nd o
n w
hich
pes
ticid
es
have
bee
n us
ed.
Fol
low
any
adv
ice
aski
ng y
ou t
o av
oid
usin
g pa
rtic
ular
rout
es o
r ar
eas
at t
hese
tim
es.
FIE
LDS
WH
ER
E C
RO
PS
AR
E B
EIN
G S
PR
AY
ED
AN
D F
ER
TILI
SE
D>
90
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
YLA
ND
MA
NA
GE
RS
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
Y T
HE
PU
BLI
C
Whe
re n
eces
sary
, te
ll pe
ople
abou
t th
e ar
ea a
ffec
ted
and
for
how
long
, an
d pr
ovid
e an
alte
rnat
ive
rout
e if
a co
re p
ath
is
affe
cted
. R
eins
tate
a p
ath
that
has
been
plo
ughe
d.
Acc
ess
right
s ex
tend
to
such
fie
lds
but
do n
ot h
inde
r su
ch w
ork.
If
you
enco
unte
r su
ch w
ork
whi
le it
is u
nder
way
, pr
ocee
d ca
refu
lly,
keep
a s
afe
dist
ance
and
fol
low
any
adv
ice
prov
ided
by
the
land
man
ager
. It
mig
ht b
e
safe
st t
o go
into
a n
eigh
bour
ing
field
or
keep
to
the
edge
of
the
field
.
FIE
LDS
WH
ICH
AR
E B
EIN
G P
LOU
GH
ED
OR
WH
ER
E C
RO
PS
AR
E B
EIN
G H
AR
VE
STE
D
FIE
LDS
WIT
H F
AR
M A
NIM
ALS
>K
eep
anim
als
know
n to
be
dang
erou
s aw
ay f
rom
fie
lds
cros
sed
by a
cor
e pa
th o
r ot
her
wel
l-use
d ro
ute.
If
this
is n
ot
poss
ible
, te
ll th
e pu
blic
and
sign
post
a r
easo
nabl
e al
tern
ativ
e
rout
e.
Acc
ess
right
s ex
tend
to
such
fie
lds,
but
rem
embe
r th
at s
ome
ani m
als,
part
icul
arly
cow
s w
ith c
alve
s bu
t al
so h
orse
s, p
igs
and
farm
ed d
eer,
can
reac
t ag
gres
sive
ly t
owar
ds p
eopl
e. B
efor
e en
terin
g a
field
, ch
e ck
to s
ee
wha
t al
tern
ativ
es t
here
are
. If
you
are
in a
fie
ld o
f fa
rm a
nim
als,
kee
p a
safe
dist
ance
and
wat
ch t
hem
car
eful
ly.
If y
ou h
ave
a do
g w
ith y
ou,
see
the
guid
ance
on
dogs
abo
ve.
>
91
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
YLA
ND
MA
NA
GE
RS
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
Y T
HE
PU
BLI
C
Whe
re p
ossi
ble,
avo
id p
uttin
g
shee
p cl
ose
to la
mbi
ng in
fie
lds
whe
re t
here
is a
wel
l-use
d ro
ute
or,
if th
is is
not
pos
sibl
e, y
ou c
ould
indi
cate
a r
easo
nabl
e al
tern
ativ
e
rout
e.
FIE
LDS
WIT
H Y
OU
NG
AN
IMA
LS P
RE
SE
NT
You
can
avoi
d di
stur
bing
she
ep c
lose
to
lam
bing
tim
e, o
r yo
ung
anim
als
such
as
calv
es,
lam
bs,
foal
s an
d fa
rmed
dee
r, by
goi
ng in
to a
nei
ghbo
urin
g
field
or
onto
adj
acen
t la
nd.
If t
his
is n
ot p
ossi
ble,
kee
p as
far
fro
m t
he
anim
als
as p
ossi
ble.
Do
not
take
dog
s in
to f
ield
s w
here
the
re a
re y
oung
anim
als
pres
ent.
>
92
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
YLA
ND
MA
NA
GE
RS
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
Y T
HE
PU
BLI
C
Res
pect
the
nee
ds o
f pe
ople
exer
cisi
ng a
cces
s rig
hts
resp
onsi
bly.
If
a ca
noei
st,
raft
er o
r
othe
r pe
rson
is o
n th
e w
ater
, le
t
them
pas
s by
bef
ore
cast
ing
a
line.
E
nsur
e yo
ur c
lient
s ar
e
awar
e th
at p
eopl
e ca
n ex
erci
se
acce
ss r
ight
s al
ong
river
bank
s an
d
loch
sho
res,
as
wel
l as
on t
he
wat
er.
Whe
re a
ppro
pria
te,
wor
k
with
you
r lo
cal a
utho
rity
and
recr
eatio
n bo
dies
to
help
to
inte
grat
e ac
cess
with
fis
hing
and
othe
r rip
aria
n ac
tiviti
es,
and
help
faci
litat
e re
spon
sibl
e ac
cess
alo
ng
river
bank
s an
d lo
ch s
hore
s.
Acc
ess
right
s do
not
ext
end
to f
ishi
ng.
Ang
lers
nee
d to
be
care
ful w
hen
cast
ing
lines
so
be a
war
e of
whe
re p
eopl
e ar
e on
the
wat
er a
nd o
n th
e la
nd.
If a
can
oeis
t or
oth
er p
erso
n on
the
wat
er is
clo
se b
y w
ait
until
the
y ha
ve
pass
ed b
y be
fore
cas
ting.
If
you
have
a li
ne in
the
wat
er,
allo
w p
eopl
e on
the
wat
er t
o pa
ss a
t th
e ea
rlies
t op
port
unity
. I
ndic
atin
g w
here
you
wou
ld
pref
er c
anoe
ists
or
raft
ers
to p
ass
by c
an h
elp
but
be a
war
e th
at it
mig
ht n
ot
alw
ays
be p
ossi
ble
for
them
to
follo
w t
he r
oute
you
sug
gest
.
FIS
HIN
G>
93
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
YLA
ND
MA
NA
GE
RS
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
Y T
HE
PU
BLI
C
Ass
ess
the
leve
l and
nat
ure
of
publ
ic u
se o
f th
e fo
rest
or
woo
d,
and
deve
lop
a pl
an t
o he
lp
man
age
for
acce
ss o
n bu
sy s
ites.
Whe
re p
ossi
ble,
pro
vide
pat
hs a
nd
othe
r fa
cilit
ies,
incl
udin
g
inte
rpre
tatio
n, t
o he
lp p
eopl
e to
exer
cise
acc
ess
right
s re
spon
sibl
y.
You
can
exer
cise
acc
ess
right
s in
for
ests
and
woo
ds.
If y
ou a
re c
yclin
g or
hors
e rid
ing,
kee
ping
to
suita
ble
path
s an
d tr
acks
can
hel
p to
min
imis
e an
y
dam
age.
If
you
have
a d
og w
ith y
ou,
keep
it u
nder
clo
se c
ontr
ol o
r on
a
shor
t le
ad d
urin
g th
e sp
ring
(Apr
il to
Jul
y) s
o th
at b
reed
ing
bird
s ar
e no
t
dist
urbe
d. L
ives
tock
mig
ht b
e pr
esen
t in
som
e fo
rest
s an
d w
oods
so
take
care
if y
ou c
ome
acro
ss a
ny a
nim
als.
B
e ca
refu
l not
to
tram
ple
youn
g tr
ees.
FOR
ES
TS A
ND
WO
OD
S>
94
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
YLA
ND
MA
NA
GE
RS
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
Y T
HE
PU
BLI
C
Follo
w g
ood
prac
tice,
as
set
out
in
indu
stry
-app
rove
d gu
idan
ce,
in t
he
man
agem
ent
of w
ork
site
s w
here
peop
le a
re t
akin
g ac
cess
. K
eep
the
area
aff
ecte
d, a
nd t
he d
urat
ion
and
type
of
any
prec
autio
n, t
o th
e
min
imum
req
uire
d.
Tell
peop
le a
bout
thes
e at
the
mai
n ac
cess
poi
nts
and,
if po
ssib
le,
prov
ide
alte
rnat
ive
rout
es.
If p
ossi
ble,
con
cent
rate
fel
ling
and
extr
actio
n at
tim
es w
hen
publ
ic u
se is
likel
y to
be
low
est.
Allo
w p
eopl
e to
use
part
icul
ar r
oute
s w
hen
wor
k ha
s
ende
d (s
uch
as f
or t
he w
eeke
nd)
and
wou
ld n
ot c
ause
sig
nific
ant
safe
ty
haza
rds.
Ens
ure
that
all
site
ope
rato
rs
and
vehi
cle
driv
ers
are
awar
e th
at
peop
le m
ight
be
pres
ent.
Tree
fel
ling,
tim
ber
extr
actio
n an
d ha
ulag
e m
ay a
ffec
t an
are
a of
for
est
and
fore
st r
oads
for
sev
eral
mon
ths.
Rea
d an
y si
gns
war
ning
you
of
fore
st
oper
atio
ns,
such
as
tree
fel
ling
and
extr
actio
n, a
nd f
ollo
w a
ny p
reca
utio
ns
take
n by
the
land
man
ager
. Th
is w
ill e
nsur
e th
at y
ou d
o no
t hi
nder
the
se
oper
atio
ns a
nd e
nsur
e yo
ur s
afet
y an
d th
at o
f pe
ople
wor
king
the
re.
In
som
e ca
ses,
sig
ns m
ay in
dica
te t
hat
it is
saf
e to
go
alon
g a
rout
e if
the
activ
ity h
as s
topp
ed,
such
as
for
the
wee
kend
.
If y
ou c
ome
acro
ss m
achi
nery
, ke
ep a
saf
e di
stan
ce.
Take
ext
ra c
are
if yo
u
are
wal
king
, cy
clin
g or
rid
ing
alon
g fo
rest
tra
cks
as h
eavy
tim
ber
lorr
ies
mig
ht b
e us
ing
the
trac
ks.
Do
not
clim
b on
to
timbe
r st
acks
and
kee
p
child
ren
away
fro
m t
hem
.
FOR
ES
TS A
ND
WO
OD
S W
ITH
ON
GO
ING
FO
RE
ST
OP
ER
ATI
ON
S>
95
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
YLA
ND
MA
NA
GE
RS
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
Y T
HE
PU
BLI
C
Lock
ing
gate
s w
ithou
t re
ason
able
caus
e or
fen
cing
acr
oss
a pa
th
and
not
prov
idin
g an
app
ropr
iate
gate
mig
ht b
e vi
ewed
as
unre
ason
able
obs
truc
tions
.
Whe
re p
ossi
ble,
avo
id c
hann
ellin
g
the
publ
ic b
etw
een
two
fenc
es.
If
you
need
to
use
barb
ed w
ire o
r
elec
tric
fen
cing
, ta
ke in
to a
ccou
nt
peop
le’s
nee
ds b
y pr
ovid
ing
prot
ectio
n at
acc
ess
poin
ts a
nd b
y
leav
ing
suff
icie
nt r
oom
alo
ngsi
de
path
s.
Use
a g
ate
whe
re o
ne h
as b
een
prov
ided
and
leav
e it
as y
ou f
ind
it. D
o no
t
clim
b ov
er g
ates
, fe
nces
, dy
kes
or h
edge
s un
less
the
re is
no
reas
onab
le
alte
rnat
ive
near
by.
If y
ou h
ave
to c
limb
over
a f
ence
, av
oid
caus
ing
any
dam
age
by d
oing
so
near
to
a po
st.
Clim
b a
gate
at
the
hing
e en
d.
GA
TES
, FE
NC
ES
, D
RY
STA
NE
DY
KE
S A
ND
HE
DG
ES
>
96
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
YLA
ND
MA
NA
GE
RS
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
Y T
HE
PU
BLI
C
Whe
reve
r po
ssib
le,
prov
ide
path
s
arou
nd o
r ac
ross
the
cou
rse
and/
or
advi
se p
eopl
e on
the
saf
est
way
s
thro
ugh
the
cour
se.
This
will
hel
p to
min
imis
e sa
fety
ris
ks.
In w
inte
r, m
any
peop
le e
njoy
act
iviti
es
like
sled
ging
and
cro
ss-c
ount
ry s
kiin
g
on g
olf
cour
ses.
Thi
s ca
n be
impo
rtan
t
to lo
cal c
omm
uniti
es.
Thes
e ac
tiviti
es
rare
ly c
ause
any
pro
blem
s if
done
resp
onsi
bly
– by
kee
ping
off
gre
ens,
tees
and
bun
kers
– a
nd w
hen
ther
e is
suff
icie
nt s
now
cov
er.
Gol
f co
urse
man
ager
s ar
e en
cour
aged
to
acce
pt
such
acc
ess
whe
n it
is c
arrie
d ou
t
resp
onsi
bly.
You
can
only
exe
rcis
e ac
cess
rig
hts
to c
ross
ove
r a
golf
cour
se a
nd in
doi
ng s
o,
you
mus
t ke
ep o
ff g
olf
gree
ns a
t al
l tim
es a
nd n
ot in
terf
ere
with
any
gol
f ga
mes
or d
amag
e th
e pl
ayin
g su
rfac
e. G
olf
cour
ses
are
inte
nsiv
ely
used
and
man
aged
,
and
ther
e ca
n be
haz
ards
suc
h as
whe
re g
olfe
rs a
re p
layi
ng "
blin
d" s
hots
. In
exer
cisi
ng a
cces
s rig
hts:
•al
low
pla
yers
to
play
the
ir sh
ot b
efor
e cr
ossi
ng a
fai
rway
;
•be
stil
l whe
n cl
ose
to a
pla
yer
abou
t to
pla
y;
•fo
llow
pat
hs w
here
the
y ex
ist;
and
•ke
ep y
our
dog
on a
sho
rt le
ad.
To a
void
dam
agin
g th
e pl
ayin
g su
rfac
e, c
yclis
ts a
nd h
orse
rid
ers
need
to
keep
to
path
s at
all
times
and
not
go
on t
o an
y ot
her
part
of
a go
lf co
urse
.
Whe
n fe
rtili
sers
or
pest
icid
es h
ave
been
use
d, t
he d
urat
ion
of a
ny h
azar
d
depe
nds
on t
he m
ater
ial u
sed
but
shou
ld n
ot n
orm
ally
ext
end
mor
e th
an a
few
days
. G
olf
cour
se m
anag
ers
can
ask
you
to a
void
usi
ng p
artic
ula r
rou
tes
at
thes
e tim
es.
Fol
low
ing
such
adv
ice
can
grea
tly h
elp
to m
inim
ise
risks
to
safe
ty.
GO
LF C
OU
RS
ES
>
97
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
YLA
ND
MA
NA
GE
RS
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
Y T
HE
PU
BLI
C
Be
awar
e of
whe
re r
ecre
atio
nal u
se
is li
kely
, su
ch a
s al
ong
path
s,
popu
lar
rout
es a
nd r
idge
line
s.
Whe
re a
ppro
pria
te,
tell
peop
le
abou
t w
here
sho
otin
g is
tak
ing
plac
e by
usi
ng s
igns
and
info
rmat
ion
boar
ds (
in a
ccor
danc
e
with
thi
s C
ode)
to
give
on-
the-
day
info
rmat
ion
on s
hoot
s an
d
alte
rnat
ive
rout
es.
The
grou
se s
hoot
ing
seas
on r
uns
from
12
Aug
ust
to 1
0 D
ecem
ber,
with
mos
t sh
oots
tak
ing
plac
e du
ring
the
earli
er p
art
of t
he s
easo
n. Y
ou c
an h
elp
to m
inim
ise
dist
urba
nce
by b
eing
ale
rt t
o th
e po
ssib
ility
of
shoo
ting
taki
ng
plac
e on
gro
use
moo
rs a
nd t
akin
g ac
coun
t of
adv
ice
on a
ltern
ativ
e ro
utes
.
Avo
id c
ross
ing
land
whe
re a
sho
ot is
tak
ing
plac
e un
til it
is s
afe
to d
o so
.
GR
OU
SE
SH
OO
TIN
G>
98
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
YLA
ND
MA
NA
GE
RS
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
Y T
HE
PU
BLI
C
Whe
re p
ossi
ble,
wor
k w
ith y
our
loca
l
auth
ority
to
help
iden
tify
path
s or
rout
es a
cros
s yo
ur la
nd w
hich
are
suita
ble
for
hors
e rid
ing
and
help
to
inte
grat
e ac
cess
and
land
man
agem
ent.
Acc
ess
right
s ex
tend
to
hors
e rid
ing.
Rid
ing
on f
irm o
r ha
rd s
urfa
ces,
suc
h
as w
ide
path
s an
d tr
acks
and
wel
l-dra
ined
gro
und,
cau
ses
few
pro
blem
s.
On
narr
ow r
oute
s, h
orse
rid
ing
may
cau
se p
robl
ems
for
othe
r pe
ople
, su
ch
as w
alke
rs a
nd c
yclis
ts.
If
this
occ
urs,
tak
e ex
tra
care
by
givi
ng w
ay t
o
wal
kers
whe
re p
ossi
ble
or b
y lo
okin
g fo
r an
alte
rnat
ive
rout
e.
If y
ou a
re
ridin
g of
f-pa
th,
part
icul
arly
in w
inte
r, ta
ke c
are
to a
void
:
•go
ing
onto
wet
, bo
ggy
or s
oft
grou
nd;
and
•ch
urni
ng u
p th
e su
rfac
e.
cont
.HO
RS
E R
IDIN
G>
99
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
YLA
ND
MA
NA
GE
RS
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
Y T
HE
PU
BLI
C
Take
car
e no
t to
ala
rm f
arm
ani
mal
s an
d w
ildlif
e, p
artic
ular
ly if
you
go
roun
d
a fie
ld m
argi
n. D
o no
t go
into
fie
lds
whe
re t
here
are
gra
zing
hor
ses
or
anim
als
that
mig
ht b
e a
dang
er.
Get
per
mis
sion
if y
ou w
ish
to c
arry
out
repe
titiv
e sc
hool
ing
on o
ther
peo
ple’
s la
nd o
r w
ish
to u
se ju
mps
or
cust
om-m
ade
gallo
ps w
hen
thes
e ar
e no
t in
use
.
HO
RS
E R
IDIN
G
co
nt.
>
100
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
YLA
ND
MA
NA
GE
RS
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
Y T
HE
PU
BLI
C
You
may
wan
t to
sig
npos
t
alte
rnat
ive
rout
es t
hrou
gh y
our
polic
ies.
Acc
ess
right
s do
not
ext
end
to h
ouse
s an
d ga
rden
s. I
n so
me
case
s, t
he e
xten
t
of a
gar
den
mig
ht b
e di
ffic
ult
to ju
dge.
Thi
ngs
to lo
ok o
ut f
or in
judg
ing
whe
ther
an
area
of
land
clo
se t
o a
hous
e is
a g
arde
n or
not
incl
ude:
•a
clea
r bo
unda
ry,
such
as
a w
all,
fenc
e, h
edge
or
cons
truc
ted
bank
, or
a
natu
ral b
ound
ary
like
a riv
er,
stre
am o
r lo
ch;
•a
law
n or
oth
er a
rea
of s
hort
mow
n gr
ass;
•flo
wer
beds
and
ten
ded
shru
bs,
pavi
ng a
nd w
ater
fea
ture
s;
•sh
eds,
gla
ssho
uses
and
sum
mer
hou
ses;
•ve
geta
ble
and
frui
t ga
rden
s (o
ften
wal
led
but
som
etim
es w
ell a
way
fro
m
hous
es).
Som
e la
rger
hou
ses
are
surr
ound
ed b
y qu
ite la
rge
area
s of
land
ref
erre
d to
as
the
“pol
icie
s” o
f th
e ho
use.
Par
ts o
f th
e po
licie
s m
ay b
e in
tens
ivel
y m
anag
ed
for
the
dom
estic
enj
oym
ent
of t
he h
ouse
and
the
se w
ill in
clud
e so
me
of t
he
cont
.HO
US
ES
AN
D G
AR
DE
NS
>
101
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
YLA
ND
MA
NA
GE
RS
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
Y T
HE
PU
BLI
C
feat
ures
list
ed a
bove
. A
cces
s rig
hts
do n
ot e
xten
d to
the
se in
tens
ivel
y
man
aged
are
as.
The
wid
er,
less
inte
nsiv
ely
man
aged
par
ts o
f th
e po
licie
s,
such
as
gras
slan
d an
d w
oodl
ands
, w
heth
er e
nclo
sed
or n
ot,
wou
ld n
ot b
e
clas
sed
as a
gar
den
and
so a
cces
s rig
hts
can
be e
xerc
ised
.
Use
a p
ath
or t
rack
, if
ther
e is
one
, w
hen
you
are
clos
e to
a h
ouse
and
kee
p
a se
nsib
le d
ista
nce
away
if t
here
is n
o pa
th o
r tr
ack.
Ta
ke c
are
not
to a
ct in
way
s th
at m
ight
ann
oy o
r al
arm
peo
ple
livin
g th
ere.
At
nigh
t, t
ake
extr
a ca
re
by f
ollo
win
g pa
ths
and
trac
ks a
nd,
if th
ere
are
no p
aths
or
trac
ks,
by k
eepi
ng
wel
l aw
ay f
rom
bui
ldin
gs.
HO
US
ES
AN
D G
AR
DE
NS
cont
.>
102
This
is a
tes
t
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
YLA
ND
MA
NA
GE
RS
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
YLA
ND
MA
NA
GE
RS
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
Y T
HE
PU
BLI
C
If y
ou n
eed
to u
rinat
e, d
o so
at
leas
t 30
m f
rom
ope
n w
ater
or
river
s an
d
stre
ams.
If
you
nee
d to
def
ecat
e, d
o so
as
far
away
as
poss
ible
fro
m
build
ings
, fr
om o
pen
wat
er o
r riv
ers
and
stre
ams,
and
fro
m a
ny f
arm
anim
als.
B
ury
faec
es in
a s
hallo
w h
ole
and
repl
ace
the
turf
.
HU
MA
N W
AS
TE
LIG
HTI
NG
FIR
ES
> Whe
reve
r po
ssib
le,
use
a st
ove
rath
er t
han
light
an
open
fire
. If
you
do
wis
h
to li
ght
an o
pen
fire,
kee
p it
smal
l, un
der
cont
rol a
nd s
uper
vise
d –
fires
tha
t
get
out
of c
ontr
ol c
an c
ause
maj
or d
amag
e, f
or w
hich
you
mig
ht b
e lia
ble.
Nev
er li
ght
an o
pen
fire
durin
g pr
olon
ged
dry
perio
ds o
r in
are
as s
uch
as
fore
sts,
woo
ds,
farm
land
, or
on
peat
y gr
ound
or
near
to
build
ings
or
in
cultu
ral h
erita
ge s
ites
whe
re d
amag
e ca
n be
eas
ily c
ause
d.
Hee
d al
l adv
ice
at t
imes
of
high
ris
k.
Rem
ove
all t
race
s of
an
open
fire
bef
ore
you
leav
e.
At
times
of
drou
ght,
wor
k w
ith
your
loca
l aut
horit
y (f
ire s
ervi
ces)
to in
form
peo
ple
of t
he h
igh
risks
invo
lved
.
>
103
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
Y T
HE
PU
BLI
C
If y
ou h
ave
a lit
ter
prob
lem
on
your
land
, yo
u co
uld
rais
e th
is
with
you
r lo
cal a
utho
rity
or lo
cal
acce
ss f
orum
.
Be
awar
e of
whe
re r
ecre
atio
nal u
se is
likel
y, s
uch
as a
long
pat
hs a
nd o
ther
popu
lar
rout
es.
Pro
vide
as
muc
h
info
rmat
ion
as p
ossi
ble
on w
here
shoo
ting
is li
kely
to
take
pla
ce.
You
coul
d th
ink
care
fully
abo
ut t
he s
iting
of r
elea
se p
ens
to m
inim
ise
oppo
rtun
ities
for
dis
turb
ance
, su
ch a
s
away
fro
m w
ell-u
sed
path
s an
d
trac
ks.
LITT
ER
LOW
-GR
OU
ND
SH
OO
TIN
G>Ta
ke a
way
all
your
litt
er.
Take
par
ticul
ar c
are
not
to d
rop
thin
gs li
ke b
ottle
s,
cans
or
plas
tic b
ags
as t
hese
can
dam
age
mac
hine
ry a
nd if
eat
en b
y a
farm
anim
al o
r a
wild
ani
mal
the
y ca
n ca
use
seve
re in
jury
or
deat
h. D
o no
t le
ave
any
food
scr
aps
or a
ssoc
iate
d pa
ckag
ing
as t
hese
mig
ht b
e ea
ten
by a
nim
als
and
help
to
spre
ad d
isea
ses.
Low
-gro
und
shoo
ting
can
take
sev
eral
for
ms.
Phe
asan
t an
d pa
rtrid
ge s
hoot
ing
take
s pl
ace
durin
g th
e au
tum
n an
d w
inte
r in
woo
ds a
nd f
ores
ts,
and
on
neig
hbou
ring
land
. W
ildfo
wl s
hoot
ing,
suc
h as
for
duc
ks,
also
tak
es p
lace
in t
he
autu
mn
and
win
ter,
usua
lly o
n th
e fo
resh
ore
or o
n la
nd c
lose
to
wat
er a
nd
usua
lly a
roun
d da
wn
and
dusk
. Yo
u ca
n he
lp m
inim
ise
dist
urba
nce
by b
eing
aler
t to
the
pos
sibi
lity
of s
hoot
ing
taki
ng p
lace
in t
hese
are
as d
urin
g th
e au
tum
n
and
win
ter
and
by t
akin
g ac
coun
t of
adv
ice
on a
ltern
ativ
e ro
ute s
. A
void
cros
sing
land
whe
n sh
ootin
g is
tak
ing
plac
e. A
void
gam
e bi
rd r
e arin
g pe
ns a
nd
keep
you
r do
g un
der
clos
e co
ntro
l or
on a
sho
rt le
ad w
hen
clos
e to
a p
en.
>R
ES
PO
NS
IBLE
BE
HA
VIO
UR
BY
LAN
D M
AN
AG
ER
S
104
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
YLA
ND
MA
NA
GE
RS
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
Y T
HE
PU
BLI
C
Leav
ing
uncu
ltiva
ted
mar
gins
can
help
peo
ple
to e
xerc
ise
acce
ss
right
s re
spon
sibl
y an
d he
lp t
o
supp
ort
wild
life
so it
mak
es
sens
e, w
here
ver
poss
ible
, to
do
this
. In
pop
ular
pla
ces
you
may
wis
h to
enc
oura
ge p
eopl
e to
use
part
icul
ar r
oute
s.
You
can
exer
cise
acc
ess
right
s on
the
mar
gins
of
field
s in
whi
ch c
rops
are
grow
ing,
eve
n if
the
mar
gin
has
been
sow
n w
ith a
cro
p. S
ome
mar
gins
can
be m
anag
ed f
or w
ildlif
e (r
emem
ber
that
som
e fa
rmer
s m
ay r
ecei
ve
paym
ents
for
doi
ng t
his)
and
for
enc
oura
ging
gam
e bi
rds
so t
ake
care
by
keep
ing
dogs
on
a sh
ort
lead
or
unde
r cl
ose
cont
rol a
nd b
y no
t lin
gerin
g if
bird
s be
com
e si
gnifi
cant
ly d
istu
rbed
by
your
pre
senc
e. I
f th
e m
argi
n is
narr
ow o
r ha
s be
en p
lant
ed,
avoi
d ca
usin
g un
nece
ssar
y da
mag
e, p
artic
ular
ly
if yo
u ar
e cy
clin
g or
hor
se r
idin
g, b
y ke
epin
g in
sin
gle
file
and
stay
ing
clos
e
to t
he e
dge
of t
he f
ield
.
MA
RG
INS
OF
FIE
LDS
OF
GR
OW
ING
CR
OP
S>
105
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
YLA
ND
MA
NA
GE
RS
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
Y T
HE
PU
BLI
C
Pro
vide
as
muc
h in
form
atio
n as
poss
ible
, in
adv
ance
, on
acc
ess
arra
ngem
ents
whe
re t
his
does
not
put
safe
ty o
r se
curit
y at
ris
k.
Ens
ure
that
sig
ns g
ive
a cl
ear
indi
catio
n of
whe
re t
he p
ublic
may
go a
nd e
xpla
in w
hy s
ome
prec
autio
ns,
such
as
red
flag/
lam
p
proc
edur
es,
are
nece
ssar
y. K
eep
the
dura
tion
of t
hese
pre
caut
ions
,
and
the
area
aff
ecte
d, t
o th
e
min
imum
req
uire
d.
The
Min
istr
y of
Def
ence
has
a p
resu
mpt
ion
in f
avou
r of
saf
e pu
blic
enjo
ymen
t of
its
esta
te w
here
ver
this
is c
ompa
tible
with
ope
ratio
nal a
nd
mili
tary
tra
inin
g ne
eds,
pub
lic s
afet
y an
d se
curit
y. T
he M
oD n
eeds
to
care
fully
man
age
acce
ss w
hen
activ
e m
ilita
ry t
rain
ing
is u
nder
way
, an
d
whe
re t
here
are
une
xplo
ded
mun
ition
s.
Alw
ays
take
not
e of
adv
ice
from
ran
ge s
taff
, tr
oops
and
fro
m w
arni
ng s
igns
.
If in
dou
bt,
look
for
an
alte
rnat
ive
rout
e or
tur
n ba
ck.
Red
fla
gs (
in d
aytim
e)
and
red
lam
ps (
at n
ight
) in
dica
te li
ve f
iring
are
as,
whi
ch m
ight
not
be
fenc
ed.
Do
not
ente
r a
rang
e if
flags
are
rai
sed
or la
mps
lit.
B
e ca
refu
l whe
n
cros
sing
the
land
as
ther
e co
uld
be t
renc
hes
or v
oids
, an
d ne
ver
pick
up
obje
cts
as t
hey
coul
d be
har
mfu
l. B
e pr
epar
ed f
or s
udde
n no
ises
tha
t ca
n
star
tle p
eopl
e an
d ho
rses
.
MIL
ITA
RY
LA
ND
S>
106
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
YLA
ND
MA
NA
GE
RS
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
Y T
HE
PU
BLI
C
Pro
vidi
ng in
form
atio
n on
the
impo
rtan
ce o
f th
e si
te a
nd o
n th
e
best
rou
tes
for
peop
le t
o fo
llow
,
and
prov
idin
g go
od p
aths
, ca
n
help
to
min
imis
e da
mag
e an
d
dist
urba
nce,
and
incr
ease
pub
lic
awar
enes
s of
wild
life.
Acc
ess
right
s ex
tend
to
thes
e pl
aces
but
rem
embe
r th
at t
hey
are
care
fully
man
aged
for
nat
ure
cons
erva
tion
and
to s
afeg
uard
rar
e an
imal
s an
d pl
ants
.
Take
car
e to
avo
id d
amag
ing
the
site
or
dist
urbi
ng it
s w
ildlif
e, o
r in
terf
erin
g
with
its
man
agem
ent
or e
njoy
men
t by
oth
ers.
Dep
endi
ng o
n yo
ur a
ctiv
ity,
you
mig
ht b
e re
ques
ted
to f
ollo
w a
spe
cific
rou
te o
r to
avo
id e
xerc
isin
g
acce
ss r
ight
s in
a s
peci
fic a
rea:
fol
low
ing
such
loca
l gui
danc
e ca
n he
lp t
o
safe
guar
d th
e na
tura
l her
itage
of
thes
e ar
eas.
NA
TUR
E R
ES
ER
VE
S A
ND
OTH
ER
CO
NS
ER
VATI
ON
AR
EA
S>
107
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
YLA
ND
MA
NA
GE
RS
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
Y T
HE
PU
BLI
C
You
coul
d w
ork
with
you
r lo
cal
auth
ority
and
oth
er b
odie
s to
hel
p
iden
tify
best
rou
tes
acro
ss y
our
land
for
land
man
agem
ent
and
acce
ss p
urpo
ses.
W
here
ver
poss
ible
, ro
utes
sho
uld
be
mul
ti-us
e an
d m
aint
ain
thei
r lo
cal
char
acte
r. A
void
del
iber
atel
y or
unre
ason
ably
blo
ckin
g pa
ths
or
hind
erin
g ac
cess
alo
ng t
hem
. If
you
wis
h to
div
ert
or c
lose
a p
ath,
follo
w a
ny f
orm
al p
roce
dure
s if
thes
e ex
ist.
Avo
id e
rect
ing
any
sign
s or
not
ices
tha
t di
scou
rage
acce
ss.
Acc
ess
right
s ex
tend
to
all p
aths
and
tra
cks
exce
pt w
here
the
y go
ove
r la
nd
on w
hich
acc
ess
right
s do
not
app
ly.
Rig
hts
of w
ay a
re u
naff
ecte
d by
the
legi
slat
ion.
Acc
ess
right
s ap
ply
off-
path
, bu
t w
hen
you
are
clos
e to
hou
ses
or in
fie
lds
of c
rops
or
in p
lace
s w
here
the
env
ironm
ent
is p
artic
ular
ly
vuln
erab
le t
o da
mag
e, it
may
be
sens
ible
to
follo
w p
aths
and
tra
cks
whe
re
they
exi
st.
Thi
s ca
n he
lp t
o fa
cilit
ate
acce
ss a
nd h
elp
safe
guar
d th
e
inte
rest
s of
land
man
ager
s an
d th
e en
viro
nmen
t.
Wal
kers
, cy
clis
ts a
nd h
orse
rid
ers
can
all e
xerc
ise
acce
ss r
ight
s on
pat
hs
and
trac
ks.
How
ever
, on
som
e pa
ths,
suc
h as
tho
se w
hich
are
he a
vily
-use
d
or w
hich
are
pro
ne t
o da
mag
e, t
he lo
cal a
utho
rity
may
hav
e pr
ovid
ed lo
cal
advi
ce o
n w
hat
type
s of
use
are
app
ropr
iate
or
how
diff
eren
t us
ers
shou
ld
beha
ve t
o re
duce
ris
ks t
o sa
fety
or
to m
inim
ise
dam
age
to t
he p
ath
surf
ace.
Follo
win
g su
ch a
dvic
e ca
n he
lp t
o m
inim
ise
prob
lem
s.
PATH
S A
ND
TR
AC
KS
>
108
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
YLA
ND
MA
NA
GE
RS
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
Y T
HE
PU
BLI
C
Whe
re p
ossi
ble,
tel
l peo
ple
abou
t th
e
area
spr
ayed
, th
e m
ater
ial u
sed
and
the
dura
tion
of t
he r
isk,
at
any
obvi
ous
acce
ss p
oint
s, s
uch
as c
ar
park
s an
d ga
tes,
whi
ch a
re w
ell-u
sed
by t
he p
ublic
.
Acc
ess
right
s ap
ply
to p
icni
ckin
g. T
ake
care
to
cons
ider
the
nee
ds o
f ot
her
peop
le in
cho
osin
g w
here
to
picn
ic.
For
your
ow
n he
alth
, av
oid
picn
icki
ng in
field
s w
here
the
re a
re f
arm
ani
mal
s (o
r m
ay h
ave
been
rec
ently
) or
whe
re t
he
farm
er h
as in
dica
ted
that
the
fie
ld h
as r
ecen
tly b
een
spra
yed
with
lim
e or
slur
ry.
Do
not
feed
any
far
m a
nim
als
and
take
all
litte
r, in
clud
ing
any
food
scra
ps,
away
with
you
.
PIC
KIN
G W
ILD
BE
RR
IES
AN
D M
US
HR
OO
MS
PIC
NIC
KIN
G>C
usto
mar
y pi
ckin
g of
wild
fun
gi a
nd b
errie
s fo
r yo
ur o
wn
cons
umpt
ion
is n
ot
affe
cted
by
the
legi
slat
ion.
C
are
for
the
envi
ronm
ent
by f
ollo
win
g an
y ag
reed
guid
ance
on
this
act
ivity
. H
owev
er,
bein
g on
or
cros
sing
land
or
wat
er f
or t
he
purp
ose
of t
akin
g aw
ay,
for
com
mer
cial
pur
pose
s or
for
pro
fit,
anyt
hing
in o
r
on t
he la
nd o
r w
ater
is e
xclu
ded
from
acc
ess
right
s.
>
109
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
YLA
ND
MA
NA
GE
RS
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
Y T
HE
PU
BLI
C
Pro
mot
e th
e ex
erci
se o
f ac
cess
right
s in
suc
h pl
aces
whe
re t
his
wou
ld n
ot p
ut s
afet
y or
the
envi
ronm
ent
at r
isk.
U
se
mea
sure
s su
ch a
s m
anag
emen
t
rule
s or
bye
law
s as
a la
st r
esor
t.
Acc
ess
right
s ca
n be
exe
rcis
ed in
mos
t ur
ban
park
s, c
ount
ry p
arks
and
oth
er
man
aged
ope
n sp
aces
. Th
ese
park
s ar
e no
rmal
ly p
rovi
ded
for
recr
eatio
nal
and
educ
atio
nal p
urpo
ses,
but
may
als
o be
man
aged
to
help
saf
egua
rd t
he
envi
ronm
ent.
Whe
re t
he le
vels
or
type
s of
use
are
suc
h th
at p
eopl
es’
safe
ty
or t
he e
nviro
nmen
t is
at
risk,
loca
l gui
danc
e or
man
agem
ent
mea
sure
s, s
uch
as m
anag
emen
t ru
les,
reg
ulat
ions
or
byel
aws,
mig
ht h
ave
been
intr
oduc
ed.
Follo
w s
uch
guid
ance
to
help
ens
ure
that
saf
ety
or t
he e
nviro
nmen
t is
not
put
at r
isk.
PU
BLI
C P
AR
KS
AN
D O
THE
R M
AN
AG
ED
OP
EN
SPA
CE
S>
110
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
YLA
ND
MA
NA
GE
RS
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
Y T
HE
PU
BLI
C
Res
pect
the
nee
ds o
f th
ose
exer
cisi
ng a
cces
s rig
hts
by le
ttin
g
peop
le p
ass
befo
re c
astin
g a
line.
If y
ou t
ake
step
s to
impr
ove
ripar
ian
habi
tats
, to
pro
vide
fis
hing
path
s or
to
plac
e fe
nces
in m
ovin
g
wat
er,
resp
ect
the
need
s of
tho
se
exer
cisi
ng o
r se
ekin
g to
exe
rcis
e
acce
ss r
ight
s. F
or e
xam
ple,
if y
ou
wis
h to
use
fen
cing
to
help
rege
nera
te o
r im
prov
e rip
aria
n
habi
tats
, pr
ovid
e ga
tes
or o
ther
acce
ss p
oint
s or
a r
easo
nabl
e,
alte
rnat
ive
rout
e.
Acc
ess
right
s ca
n be
exe
rcis
ed a
long
riv
erba
nks
and
loch
sho
res
exce
pt
whe
re a
gar
den
or o
ther
cur
tilag
e go
es r
ight
up
to t
he w
ater
’s e
dge.
B
e
awar
e th
at r
iver
bank
s an
d lo
ch s
hore
s ar
e of
ten
a re
fuge
for
wild
life
and
may
be
used
for
fis
hing
and
rel
ated
man
agem
ent.
Sho
w c
onsi
dera
tion
to p
eopl
e fis
hing
and
kee
p a
safe
dis
tanc
e if
an a
ngle
r is
cast
ing
a lin
e.
Som
e lo
chs
and
rese
rvoi
rs a
re u
sed
inte
nsiv
ely
as
com
mer
cial
fis
herie
s an
d so
can
be
pote
ntia
lly d
ange
rous
whe
re a
lot
of
angl
ers
are
cast
ing
in a
sm
all a
rea.
Tak
e ex
tra
care
in s
uch
area
s. I
f yo
u w
ish
to u
se a
boa
t an
d th
ere
is a
pub
lic s
lipw
ay o
r la
unch
ing
poin
t av
aila
ble
near
by y
ou s
houl
d us
e it.
Ta
ke e
xtra
car
e if
you
are
pass
ing
by o
r la
ndin
g on
an is
land
as
thes
e ca
n of
ten
be a
goo
d re
fuge
for
wild
life.
RIV
ER
BA
NK
S A
ND
LO
CH
SH
OR
ES
>
111
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
YLA
ND
MA
NA
GE
RS
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
Y T
HE
PU
BLI
C
Whe
re a
ppro
pria
te,
wor
k w
ith y
our
loca
l aut
horit
y an
d ot
her
bodi
es t
o
help
iden
tify
area
s fo
r pa
rkin
g
vehi
cles
at
popu
lar
site
s an
d pl
aces
whe
re p
eopl
e ca
n be
st t
ake
acce
ss
to t
he r
iver
or
loch
with
out
caus
ing
any
prob
lem
s. A
void
put
ting
fenc
es
from
one
sid
e of
a r
iver
to
the
othe
r
side
with
out
reas
onab
le c
ause
or
with
out
putt
ing
in g
ates
at
the
side
s
or le
avin
g a
gap
in r
iver
s us
ed b
y
cano
eist
s. P
ublic
bod
ies
coul
d ta
ke
step
s to
pro
mot
e th
e us
e of
rese
rvoi
rs w
here
acc
ess
wou
ld n
ot
conf
lict
with
wat
er q
ualit
y.
Acc
ess
right
s ex
tend
to
river
s, lo
chs
and
rese
rvoi
rs (
but
neve
r go
clo
se t
o
spill
way
s or
wat
er in
take
s).
Car
e fo
r th
e in
tere
sts
of o
ther
use
rs a
nd f
or t
he
natu
ral h
erita
ge o
f riv
ers
and
loch
s by
:
•no
t in
tent
iona
lly o
r re
ckle
ssly
dis
turb
ing
bird
s an
d ot
her
anim
als;
•no
t po
llutin
g th
e w
ater
as
it m
ay b
e us
ed f
or p
ublic
wat
er s
uppl
y;
•m
akin
g su
re t
hat
the
river
, lo
ch o
r re
serv
oir
is a
ppro
pria
te f
or y
our
activ
ity a
nd t
he n
umbe
rs in
volv
ed;
•fo
llow
ing
the
guid
ance
in t
he C
ode,
and
any
loca
l bye
law
s, t
o en
sure
that
you
r ac
tivity
will
not
inte
rfer
e un
reas
onab
ly w
ith t
he in
tere
sts
of
othe
r us
ers,
suc
h as
ang
lers
, or
the
env
ironm
ent.
RIV
ER
S,
LOC
HS
AN
D R
ES
ER
VO
IRS
>
112
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
YLA
ND
MA
NA
GE
RS
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
Y T
HE
PU
BLI
C
Whe
n no
t in
use
by
the
scho
ol,
such
land
may
pro
vide
a v
alue
d lo
cal g
reen
spac
e fo
r th
e co
mm
unity
. S
choo
ls
are
enco
urag
ed t
o pe
rmit
such
use
by
the
publ
ic w
hen
not
in u
se b
y th
e
scho
ol.
Acc
ess
right
s do
not
app
ly t
o la
nd n
ext
to a
sch
ool a
nd w
hich
is u
sed
by t
he
scho
ol (
such
as
scho
ol p
layi
ng f
ield
s).
SC
HO
OL
PLA
YIN
G F
IELD
S
SP
OR
TIN
G A
ND
OTH
ER
EV
EN
TS> La
nd m
anag
ers
som
etim
es h
ire o
ut t
heir
land
for
spo
rtin
g ev
ents
, su
ch a
s fo
r
car
ralli
es,
golf
tour
nam
ents
, ar
cher
y or
cla
y pi
geon
sho
ots,
and
oth
er e
vent
s,
such
as
loca
l sho
ws,
pop
con
cert
s, a
nd s
heep
dog
tria
ls.
Thes
e ev
ents
are
usua
lly w
ell-o
rgan
ised
, so
met
imes
with
a c
harg
e fo
r en
try,
and
with
mar
shal
s
and
sign
s di
rect
ing
visi
tors
. La
nd m
anag
ers
can
ask
you
to f
oll o
w a
n al
tern
ativ
e
rout
e w
hile
the
eve
nt is
und
er w
ay.
In s
ome
case
s, t
he lo
cal a
utho
rity
may
have
for
mal
ly e
xclu
ded
the
area
fro
m a
cces
s rig
hts
for
the
perio
d of
the
eve
nt
and
you
mus
t re
spec
t th
is.
Info
rm t
he p
ublic
of
any
limita
tions
,
in a
dvan
ce a
nd a
t ob
viou
s ac
cess
poin
ts,
such
as
gate
s an
d ca
r pa
rks.
Kee
p an
y lim
itatio
ns t
o th
e m
inim
um
requ
ired.
>
113
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
YLA
ND
MA
NA
GE
RS
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
Y T
HE
PU
BLI
C
If y
ou h
ave
seve
ral p
itche
s,
cons
ider
pro
vidi
ng a
sig
npos
ted
rout
e ar
ound
the
mar
gins
of
the
area
cov
ered
by
the
pitc
hes.
You
cann
ot e
xerc
ise
acce
ss r
ight
s on
any
spo
rts
pitc
h, p
layi
ng f
ield
or
othe
r
area
s se
t ou
t fo
r a
recr
eatio
nal p
urpo
se (
such
as
for
arch
ery
or o
ther
tar
get
spor
ts)
whi
le it
is in
use
and
tak
e ac
coun
t of
gro
unds
mai
nten
ance
oper
atio
ns,
whi
ch c
an in
clud
e th
e ap
plic
atio
n of
fer
tilis
ers
or p
estic
ides
. In
cros
sing
ove
r a
spor
ts p
itch
or p
layi
ng f
ield
, ta
ke c
are
not
to d
amag
e th
e
play
ing
surf
ace.
Hor
se r
ider
s an
d cy
clis
ts n
eed
to g
o ar
ound
suc
h ar
eas.
SP
OR
TS P
ITC
HE
S>
114
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
YLA
ND
MA
NA
GE
RS
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
Y T
HE
PU
BLI
C
Indi
catin
g w
here
peo
ple
can
best
take
acc
ess
to a
riv
er o
r lo
ch c
an
help
to
min
imis
e an
y pr
oble
ms.
Acc
ess
right
s ex
tend
to
swim
min
g (s
ubje
ct t
o an
y lo
cal b
yela
ws)
.
Rem
embe
r th
at s
wim
min
g in
ope
n w
ater
can
be
dang
erou
s, p
artic
ular
ly f
or
child
ren,
and
tha
t th
e w
ater
mig
ht b
e us
ed f
or p
ublic
wat
er s
uppl
y.
Hel
p to
min
imis
e pr
oble
ms
for
othe
r us
ers
by:
•do
not
sw
im c
lose
to
wat
er in
take
s, a
bstr
actio
n po
ints
or
spill
way
s;
•av
oidi
ng n
ets
or o
ther
fis
hing
tac
kle;
•no
t di
stur
bing
ang
lers
and
oth
er w
ater
use
rs;
•no
t po
llutin
g th
e w
ater
;
•be
ing
awar
e th
at in
pro
long
ed d
ry s
pells
fis
h m
ight
be
dist
ress
ed d
ue
to lo
w w
ater
leve
ls.
SW
IMM
ING
>
115
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
YLA
ND
MA
NA
GE
RS
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
Y T
HE
PU
BLI
C
If y
ou a
re e
xper
ienc
ing
larg
e
num
bers
of
road
side
cam
pers
or
have
wel
l-use
d w
ild c
ampi
ng a
reas
,
you
coul
d w
ork
with
you
r lo
cal
auth
ority
and
with
rec
reat
iona
l bod
ies
to a
ssis
t th
e m
anag
emen
t of
suc
h
cam
ping
.
You
can
exer
cise
acc
ess
right
s ov
er o
pen
past
ure.
Kee
p a
sens
ible
dis
tanc
e fr
om
anim
als,
par
ticul
arly
whe
re t
here
are
cal
ves
or la
mbs
pre
sent
, an
d av
oid
driv
ing
them
ove
r th
e la
nd.
Mak
e su
re t
hat
your
dog
doe
s no
t ch
ase
or w
orry
live
stoc
k
by k
eepi
ng it
und
er c
lose
con
trol
or
on a
lead
.
Acc
ess
right
s ex
tend
to
wild
cam
ping
. Th
is t
ype
of c
ampi
ng is
ligh
twei
ght,
don
e
in s
mal
l num
bers
and
onl
y fo
r tw
o or
thr
ee n
ight
s in
any
one
pla
ce.
You
can
cam
p in
thi
s w
ay w
here
ver
acce
ss r
ight
s ap
ply
but
help
to
avoi
d ca
usin
g
prob
lem
s fo
r lo
cal p
eopl
e an
d la
nd m
anag
ers
by n
ot c
ampi
ng in
enc
lose
d fie
lds
of c
rops
or
farm
ani
mal
s an
d by
kee
ping
wel
l aw
ay f
rom
bui
ldin
gs,
road
s or
hist
oric
str
uctu
res.
Tak
e ex
tra
care
to
avoi
d di
stur
bing
dee
r st
alki
ng o
r gr
ouse
shoo
ting.
If
you
wis
h to
cam
p cl
ose
to a
hou
se o
r bu
ildin
g, s
eek
the
owne
r’s
perm
issi
on.
Leav
e no
tra
ce b
y:
•ta
king
aw
ay a
ll yo
ur li
tter
;
•re
mov
ing
all t
race
s of
you
r te
nt p
itch
and
of a
ny o
pen
fire
(fol
low
the
guid
ance
for
ligh
ting
fires
);
•no
t ca
usin
g an
y po
llutio
n.
UN
FEN
CE
D G
RA
SS
LAN
D W
ITH
FA
RM
AN
IMA
LS
WIL
D C
AM
PIN
G>>
116
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
YLA
ND
MA
NA
GE
RS
RE
SP
ON
SIB
LE B
EH
AV
IOU
R B
Y T
HE
PU
BLI
C
Whe
reve
r po
ssib
le,
co-o
pera
te
with
peo
ple
who
wis
h to
car
ry o
ut
a su
rvey
and
allo
w t
he t
akin
g of
smal
l sam
ples
whe
re t
his
wou
ld
not
caus
e an
y da
mag
e.
Wat
chin
g an
d re
cord
ing
wild
life
is a
pop
ular
act
ivity
and
fal
ls w
ithin
acc
ess
right
s. I
f yo
u w
ish
to in
tens
ivel
y su
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Part 6 WHERE TO GET HELP AND INFORMATION
6.1 By providing a detailed guide to access rights andresponsibilities, which should help everyone make informeddecisions about what best to do in everyday situations, thenumber of issues or problems that might arise should bereduced. Some issues and problems, however, are inevitableand may range from differences in interpreting access rightsand responsibilities to coming across undesirable behaviour.Also, in some places the number of people or range ofrecreation activities might be causing significant problems forland management, people’s safety or the environment and sosome form of management might be needed. This part of theCode provides advice on:
• where to find out more about access rights andresponsibilities;
• what can be done to manage access and recreation; and
• what you should do if you encounter someone behavingirresponsibly.
6.2 In dealing with any issue or problem that might arise, it isimportant that everyone shows courtesy and consideration toother people. Good manners are fundamental to good relationsbetween those enjoying the outdoors and those who live andwork there. Respecting the needs of other people andfollowing the guidance in the Code will help a great deal.
Getting more advice and information
6.3 The Code cannot cover every possible situation, setting oractivity. Free information and advice on access rights and
responsibilities, and on who to contact in your local authority isavailable online at: www.outdooraccess-scotland.com
6.4 This website also provides links to a wide range ofrepresentative bodies for recreation and land management,and to relevant public bodies. It also provides information onSNH’s education programme and on where to seek grants andother support.
6.5 If you need more detailed advice or guidance, you shouldphone your local authority or national park authority directly(ask for the access officer or ranger service) or contact yourlocal SNH office (see www.outdooraccess-scotland.com forcontact details).
Facilitating and managing access andrecreation
6.6 In some cases, the number of people visiting a place or therange of recreational activities taking place might cause someproblems for land management, people’s safety or theenvironment. Equally, in some places, better provision of pathsand other facilities might be needed to maximise people’senjoyment of the outdoors, particularly by people withdisabilities. In these situations, some form of formal provisionand/or management will be needed. Local authorities, nationalpark authorities and other public bodies, local access forumsand representative bodies for recreation and landmanagement, as well as land managers, can all help to providefor and manage access and recreation.
6.7 What sort of facilities or management is needed in an area willvary according to its location, the level and type of recreationaluse and the range and complexity of issues arising. Steps thatcan be taken include the following.
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• The promotion of responsible behaviour through moredetailed codes of practice, education, interpretation, trainingand promotional campaigns58.
• Providing on-site advice through signage, waymarking andleaflets.
• Providing facilities, such as paths, gates and other accesspoints, launching points, car parks and picnic areas, as a wayof helping to manage access and recreation, and to integrateaccess and land management.
• Working with your local authority to identify routes, includingcore paths that can be easily used by disabled people.
• Running a ranger service to advise on and promoteresponsible behaviour, to contribute to educational andinterpretive work, and to look after facilities.
• Taking precautions to safeguard people’s safety, such asasking people not to use a particular route or area, or not toundertake a particular activity, while there is a specific landmanagement operation under way (see paragraphs 3.24 to3.28 and 4.11 to 4.17).
• Voluntary agreements between land managers andrecreation bodies to help safeguard natural heritage interestsat sensitive times of the year (such as climbing on cliffswhere rare birds are nesting and rearing their young) or tozone intensively used places for different recreationalactivities.
• Putting up notices for the purposes of advising people ofany adverse effect that their presence or their activities mayhave on the natural heritage or the cultural heritage59.
58 Scottish Natural Heritage and all local authorities have a statutory duty to publicise the Code. SNH also has a duty to promote understanding of the Code.
59 Section 29, Land Reform (Scotland) Act 2003. Scottish Natural Heritage has this power for the natural heritage and Scottish Ministers for the cultural heritage.
• Management rules, byelaws60 or other regulations wheremore directive management is needed to avoid significantproblems arising and where voluntary agreements have notworked. Local authorities can introduce management ruleson their own land or byelaws on any land or water on whichaccess rights can be exercised. Other public bodies,including Scottish Natural Heritage, Scottish Water, BritishWaterways, Ministry of Defence and the ForestryCommission, can all introduce byelaws on land or water thatthey own or otherwise control. These byelaws must beconsistent with the Land Reform (Scotland) Act 2003.
• The exemption of an area from access rights for a specificperiod and purpose by a local authority or Scottish Ministers(see paragraph 2.11).
• To prevent damage to a Site of Special Scientific Interest,the owners or occupiers of the site may need to notifyScottish Natural Heritage of “potentially damagingoperations61”. Also, Ministers, on the advice of ScottishNatural Heritage, can issue a Nature Conservation Order62.This may be used to restrict access to a specific area (toprotect a raptor nest for example).
6.8 The new local access forums will have a key role to play inbringing together all key interests locally to advise localauthorities or national park authorities and other bodies on anymatter arising from the exercise of access rights and issuesrelating to rights of way and to the new core path plans thatlocal authorities must prepare. The local access forums canalso offer assistance to the parties of any dispute about these
60 A local authority can introduce byelaws over any land on which the access rights can be exercised to keep order, prevent damage, prevent nuisance or danger, or preserve or improve amenity. They must follow agreed procedures and consult relevant interests.
61 These might be replaced by the term “operations requiring consent” as proposed under the Nature Conservation (Scotland) Bill.
62 Under Section 29, Wildlife & Countryside Act 1981. A Special Nature Conservation Order can be made on a Natura site under The Conservation (Natural Habitats and etc) Regulations 1994.
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issues. You can find out more about local access forums bycontacting your local authority or going online atwww.outdooraccess-scotland.com.
6.9 The Land Reform (Scotland) Act 2003 placed several newduties on local authorities and national park authorities63. Eachlocal authority and national park authority must:
• uphold access rights by asserting, protecting and keepingopen and free from obstruction or encroachment any routeor other means by which people exercise access rights;
• set up at least one local access forum for its area to adviseit on any matter to do with the exercise of access rights orthe core paths plan, and to offer help in any dispute arising;
• prepare a plan for its area, within three years, for a systemof paths (known as core paths) sufficient to give peoplereasonable access throughout its area (procedures havebeen set out for doing this work and this includes consultingrelevant interests); and
• review its byelaws and amend these where necessary.
6.10 Local authorities and national park authorities also have wide-ranging powers to help manage access and recreation. Thesepowers include:
• employing a ranger service to help and advise people aboutaccess rights on any land or water where the access rightscan be exercised and to perform such other duties on thisland or water as the local authority determines;
• the introduction of measures for safety, protection, guidanceand assistance to warn of, and protect people from anydanger on land on which the rights are exercisable, to showor enclose recommended routes or established paths, andto give directions to such land;
63 From time to time, Scottish Ministers may issue formal guidance to local authorities and national park authorities on the performance of any of their functions under the Land Reform (Scotland) Act 2003.
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• entering agreements to delineate and maintain core paths;
• entering a management agreement with a land manager toset out how much management is needed to preserve orenhance the natural beauty of the countryside or to promoteenjoyment of the countryside in an area, or to help manageaccess to any cultural heritage site;
• the removal of any prohibiting sign, obstruction ordangerous impediment that is intended to prevent or deteranyone from exercising the access rights, and recover thecosts of doing so;
• the introduction of management rules to managerecreational use on land or water under its control;
• the acquisition of land or water to enable or facilitate theexercise of access rights (they can do so compulsorily withconsent of Ministers);
• the exemption of particular land or water from access rightsfor up to five days (longer exemptions require publicconsultation and Ministerial consent).
6.11 All relevant public bodies can help by respecting, safeguardingand promoting access rights and responsibilities through theirpolicies, plans and actions. They could do this, for example, by:
• reviewing and amending or developing policies andprogrammes of assistance (such as grants);
• considering the impact of new development proposals onaccess rights (such as through the development controlprocess);
• working positively to help the exercise of access rights ontheir land and water;
• setting a good example by fully meeting their obligations asland managers under the Code;
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• co-ordinating their access policies and initiatives with otherpublic bodies;
• providing information to the public and land managers aboutexercising access rights responsibly and managing land andwater responsibly for access; and by
• making full use of their duties and powers.
What to do if you encounter irresponsiblebehaviour
6.12 In practice, only a small proportion of people behaveirresponsibly and much of this is due to people not beingaware of the implications of their actions. With people’sresponsibilities set out in this Code and the greater emphasison promoting responsible behaviour, the incidence ofirresponsible behaviour should remain small. Inevitably, though,you might encounter some form of irresponsible behaviour. Ifyou do, the sensible course of action is to talk to the peopleinvolved and ask them to explain their behaviour. Usingaggressive language will only make a problem worse.
6.13 If a person is behaving irresponsibly and damage or significantdisturbance is being caused, then you could ask them tomodify their behaviour. If they refuse to do so, and thisdamage or significant disturbance continues, then they wouldnot be exercising access rights responsibly and so they couldthen be asked to leave. If an individual does this persistentlyover a period of time, you could seek an interdict against thatperson. Never use force.
6.14 If a person’s behaviour is criminal, you should contact thePolice.
6.15 If you are exercising access rights and come across what youbelieve is a deliberate or unreasonable obstruction that stopsor hinders you from exercising access rights, you could reportthis to the local authority. The local authority could then decidewhat to do in terms of removing the obstruction and upholdingaccess rights.
6.16 A dispute over whether or not a member of the public or aland manager is acting irresponsibly could ultimately bereferred to a Sheriff for a declaration. In dealing with this, itwould be relevant to consider whether the person wasfollowing the guidance in this Code. Such action, though,should be relatively rare.
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Annex 1 Existing criminal offencescreated by statute
This annex lists, in alphabetical order, the main categories of criminal
behaviour that are statutory offences. The common law also provides for
action where, for instance, a breach of the peace or malicious mischief is
alleged. Access rights do not extend to any of these activities. The annex is
meant to provide an overview summary. For detailed information, look at
the relevant legislation. Provisions within the Highway Code for cycling and
horse riding must be followed.
Activity Statutory reference Comments
Aggravated Criminal Justice and A person commits this offence if, in relation totrespass Public Order Act any lawful activity people are engaged in or
1994 (Section 68) about to undertake, the person does anything that is intended to intimidate and deter those people or to obstruct or disrupt the activity.
Collective Criminal Justice and If two or more people are trespass Public Order Act trespassing with common purpose to reside on
1994 (Section 61) land for any time, and:• have caused damage, or • used threatening, abusive or
insulting words or behaviour, or • have between them 6 or more vehicles, they can be directed to leave by the police. If they fail to do so, they commit an offence.
Control of Civic Government If you are in charge of a dog and allow it to foul:dogs (Scotland) Act • a footpath or footway, or(fouling) 1982 (Section 48) • a grass verge maintained by a
council and adjacent to a footpath/footway, or • any place maintained by a local
authority for recreational or sporting purposes,you are guilty of an offence.
Control of Dog Fouling A person commits an offence under this law if dogs (Scotland) Act they do not immediately remove the faeces (fouling) 2003 (Section 1) defecated by their dog in any public open place.
Control of Dogs (Protection If a dog worries livestock on any agricultural landdogs of Livestock) the person in charge of the dog is guilty of an (worrying of Act 1953 offence. Worrying includes a dog attacking or livestock by (Section 1) chasing livestock, or being loose in a field where dogs) there are sheep.
Activity Statutory reference Comments
Control of Animals This is not an offence, but is included here dogs (Scotland) Act because this Act provides a defence for people (worrying of 1987 (Section 4) who kill or injure a dog which is worrying livestock by livestock, subject to stringent conditions.dogs)
Damage to Ancient It is an offence to carry out, cause or permit anyancient Monuments & works, without the consent of Scottish monuments Archaeological Ministers, which result in the demolition or
Areas Act 1979 destruction of or any damage to a Scheduled (Sections 2, 19) Monument.
Damage or Wildlife For protected species, it is an offence to:disturbance & Countryside • kill or injure the animal, to animals Act 1981 (Sections • capture or keep the animal,
9–10) and • destroy, damage or obstruct access to its The Conservation place of shelter, and (Natural Habitats etc) • disturb the animal while using its place ofRegulations 1994 shelter.
Other offences relate to badgers, bats,deer, seals, whales and dolphins. For protected species such as bats, otters, wildcats, great crested newts and natterjack toads, under European legislation it is an offence to:• capture, kill or disturb the animal,• take or destroy its eggs,• damage or destroy its breeding site or
resting place.Contact your local Scottish Natural Heritage (SNH) office for further information.
Damage or Wildlife There is a wide variety of offences relating to thedisturbance & Countryside killing or injuring any wild bird, capturing orto wild birds Act 1981 keeping any wild bird, destroying or taking eggs,
(Sections 1–6) and or destroying, damaging or taking the nest ofThe Conservation any wild bird whilst it is in use or being built.(Natural Habitats etc) Contact your local SNH office for Regulations 1994 further information.
Damage Wildlife It is an offence to dig up or remove any wild plantto plants & Countryside without the permission of the landowner. Certain
(Section 13) and plants are specially protected and it is an offenceThe Conservation to pick, collect, cut, uproot or destroy these(Natural Habitats etc) species, even if the landowner agrees. It is alsoAct 1981 an offence to keep, sell, advertise or exchangeRegulations 1994 such plants.
Specially protected plants are listed in Schedule 8to the 1981 Act and in the list of European protected species in Schedule 4 to the 1994 Regulations. They include Killarney fern,floating-leaved water plantain, slender naiad and yellow marsh saxifrage. Contact your local SNH office for further information.
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Activity Statutory reference Comments
Driving a Road Traffic Act It is an offence to drive a motor vehicle withoutvehicle off 1988 (Section 34) lawful authority on:road • land of any description (not forming part of
a road), or• a footpath or bridleway except in an
emergency.It is not an offence to drive a motor vehicle on land within 15 yards of a road for the purpose of parking the vehicle – although this does not confer any legal right to park the vehicle.
Dropping Environmental It is an offence to leave litter in any public open of litter Protection Act place (a place in the open air where you can go
1990 (Section 87) without paying).
Fishing Salmon & Fishing for salmon or sea trout without lawfulFreshwater Fisheries authority or written permission from the owner(Protection) (Scotland) of the fishing rights is a criminal offence. FishingAct 1951 (Section 1) for brown trout and other freshwater fishand Freshwater & without written permission or legal rights is aSalmon Fisheries criminal offence in an area covered by a(Scotland) Act 1976 Protection Order.(Section 1)
Lighting Trespass (Scotland) You are guilty of an offence if you light a fire:fires Act 1865 (Section 3) • on or near any private road,
• on enclosed or cultivated land,• in or near any plantation,without the consent of the owner or land manager.
Lighting Civic Government Any person who lays or lights a fire in a publicFires (Scotland) Act 1982 place so as to endanger any other person, or to
(Section 56) give reasonable cause for alarm or annoyance,or so as to endanger any property is guilty of anoffence. A public place is any place to which the public have unrestricted access.
Obstruction Civic Government Any person on foot in a public place who wilfullyin a public (Scotland) Act obstructs the lawful passage of any other personplace 1982 (Section 53) is committing an offence. A public place means
any place to which the public have unrestricted access.
Poaching Night Poaching Act It is an offence to take or destroy any game:1828 (Section 1) • on any land, whether open or enclosed, or
• on any public road.It is also an offence to go on any land at night with a gun for the purpose of taking or destroying game.
Activity Statutory reference Comments
Poaching Game (Scotland) It is an offence to trespass on land without theAct 1832 leave of the owner or proprietor in search of(Section 31) game, woodcock, snipe, wild ducks or rabbits
during daytime.
Polluting Water (Scotland) If you deliberately or accidentally pollute anywater Act 1980 spring, well or adit used or likely to be used for:
(Section 75) • human consumption,• domestic purposes,• manufacturing food or drink for human
consumption,you are guilty of an offence.
Polluting Control of Pollution If you cause or knowingly permit to enter water Act 1974 surface or ground water
(Section 31) • any poisonous, noxious or polluting matter,or
• any solid waste matter, you are committing an offence.
Safety Health & Safety at It is an offence to interfere intentionally with orWork Act 1974 misuse anything provided for the safety, health(Sections 8, 33) or welfare of people.
Spawning Salmon Fisheries It is offence to wilfully disturb any salmon salmon (Scotland) Act spawn, or spawning beds and shallows where
1868 (Section 19) salmon spawn may be.
Trespassory Criminal Justice and It is an offence to organise or participate in any assemblies Public Order Act trespassory assembly which has been prohibited
1994 (Section 70) by a Council on application from the chief officerof police. (Such prohibitions may only be ordered, for a period of up to 4 days, where such an assembly of 20 or more people would be without the landowner’s permission, and mayresult in serious disruption to the life of the community, or serious damage to land or a building of historical, archaeological or scientific importance.)
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Activity Statutory reference Comments
Using Ancient Monuments It is an offence to use a metal detector in ametal & Archaeological protected place without the written consent of detectors Areas Act 1979 Ministers. A protected place is any place whichin a (Section 42) is either a site of a scheduled monument or ofprotected any monument under the ownership or place guardianship of Ministers or a local authority by
virtue of this Act or is situated in an area of archaeological importance.It is also an offence to remove any object of archaeological or historic interest discovered through the use of a metal detector in a protected place without the written consent of Ministers. Under Scots Law, all finds must be formally reported to the Crown and not to do so is an offence under Treasure Trove and under the Civic Government (Scotland) Act 1982.
Vandalism Criminal Justice Anyone who, without reasonable excuse, wilfully(Scotland) Act 1980 or recklessly destroys or damages another’s(Section 78) property commits this offence of vandalism.
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Index
AAccess rights – 1.7, 2.1 – 2.19Advice and help – 6.1 – 6.16Air sports – 2.7, Part 5
BBeaches – 1.7, 2.2, Part 5Biosecurity – 3.30, 3.32Birds – 2.13, 3.45 – 3.46, Annex 1Buildings – 2.11, 3.13 – 3.21, 3.40 – 3.42,
3.63, 4.9, 4.24, Part 5Byelaws – 2.11, 3.46, 6.7, 6.9
CCamping – 3.51 – also see Wild CampingCanals – 2.2, 3.25, Part 5Canoeing – 2.7, 3.11, Part 5Car parking – 3.32, 3.58, 3.60, 4.9, Part 5,
Annex 1Carriage driving – 2.7, 3.9Caving – 2.7Climbing – 2.7, 3.46, Part 5, 6.7Commercial use – 2.6, 2.9, 2.10, 2.14,
3.57, 3.62Conservation – 3.43 – 3.52, 3.63,
Part 5, 6.7, Annex 1Core paths – 1.7, 2.2, 3.41, 4.20, 4.21,
6.7 – 6.9Country Parks – 2.2, Part 5Criminal offences – see Annex 1Crofting / crofters – 1.7, 3.22, 4.20Crop spraying – 2.5, 3.10, 3.27, 4.13,
Part 5Crops – 2.2, 2.11, 2.16, 3.5, 3.25,
3.35 – 3.37, 4.12, Part 5Cultural heritage – 2.8, 2.9, 3.49 – 3.52,
3.63, Part 5, 6.7, 6.10Curtilage – 2.11, 3.18, 3.42, 4.24Customary access – 2.19, 3.41, 4.24Cycling – 2.7, 3.9, Part 5
DDams – 2.19, 4.24, Part 5Deer – 3.29Deer stalking – 3.23, Part 5Disabled people – 2.14, 4.10, Part 5, 6.6Diseases – 3.32 – 3.34, 3.53, 3.55, 3.56Diving – 2.7Dogs – 2.13, 3.29 – 3.32, 3.53 – 3.56,
4.5, 4.9, Part 5, Annex 1Dykes – 3.20, 3.28 – 3.29, Part 5
EEducational use – 2.6, 2.8, 2.10, 3.57,
3.59, 3.62, 3.64Events – 2.7, 3.60 – 3.61, 4.14, 4.22,
Part 5Excluded activities – 2.12Excluded areas – 2.11, 2.16, 3.61, 4.14,
6.7, 6.10
FFarm animals – 2.2, 3.22, 3.29 – 3.34,
3.38, 3.53 – 3.56, Part 5Farmyards – 2.19, 3.40 – 3.41,
4.20 – 4.21, 4.24, Part 5Fences – 3.10, 3.20, 3.22, 3.25,
3.38 – 3.39, 4.7, 4.9, 4.12, Part 5Field margins – 2.2, 3.35 – 3.36, 4.21Fields with crops – 2.11, 2.16, 3.5, 3.22,
3.35 – 3.37, 4.12, Part 5Fields with farm animals – 2.2, 3.22,
3.29 – 3.34, 3.55 – 3.56, Part 5Fields with fruit and vegetables – 2.11,
3.54 – 3.56Fishing – 2.11, 2.14, 2.18, Part 5,
Annex 1Firearms – 2.12Fires – 2.18, 3.51, Part 5, Annex 1Foreshore – 2.18, Part 5Forests and woods – 1.7, 2.2, 3.16,
4.9, Part 5
GGamekeepers – 3.22Gardens – 2.11, 3.13 – 3.17, 4.24, Part 5Gates – 2.2, 3.20, 3.22, 3.25, 3.32, 3.38,
4.9, 4.12, 4.25, Part 5, 6.7Golf courses – 2.2, 2.11, 2.19, 3.25, 3.56,
4.9, 4.12, Part 5Ground nesting birds – 3.55Groups – 3.57 – 3.59, 4.22Grouse shooting – 3.23, Part 5
HHarvesting – 2.5, 3.25, 4.12, Part 5Hay / silage – 2.2, 2.11, 3.37, Part 5Health and Safety – 3.8, 3.22, 3.24, 4.11,
Annex 1 – also see SafetyHelp and advice – Part 6Hill-running – 2.7Historic houses / sites – 2.7, 2.11, Part 5Horse riding – 2.7, Part 5Houses – 2.11, 3.5, 3.13 – 3.17, Part 5Human waste – 3.61, Part 5Hunting – 2.14 - also see Shooting
IInland water – 1.1, 1.7, 2.2, 2.10, 4.1Irresponsible behaviour – 1.4, 3.46,
6.12 – 6.16
KKey Principles – 1.3
LLand contiguous to access land –
4.23 – 4.25Land management operations – 2.5, 3.3,
3.10, 3.22, 3.24 – 3.28, 3.60, 3.62, 4.4, 4.7 – 4.10, 4.11 – 4.17, Part 5
Land manager – 1.7, Part 4Large houses – 3.16, Part 5Liability – 3.8Litter – 2.13, 3.32, 3.48, 3.60 – 3.61,
Part 5, Annex 1, Livestock – 2.13, 3.29 – 3.34, 3.53 – 3.56,
Part 5
Local access forum – 4.19, 4.21, 6.6 – 6.8Local authority – 1.7, 3.46, 4.8, 4.10,
4.14, 4.18 – 4.21, 6.3 – 6.11, 6.15Lochs and reservoirs – 1.7, 2.2, 2.17,
3.25, 3.55, 4.12, 4.21, Part 5Low-ground shooting – 3.23, Part 5
MManagement Agreement – 6.10Management Rules – 2.11, 6.7, 6.10Metal detectors – 3.51, Annex 1Microlighting – 2.14Military lands / training – 2.11, 3.27, 4.13,
Part 5Motor biking – 2.14Motorised access – 2.14 – 2.16, 4.9,
Part 5, Annex 1Mountain biking – 2.7Mountain Guide – 2.9, 3.62Mountaineering – 2.7, 3.11
NNational Park authorities – 1.7, 6.5 – 6.11Natural heritage – 2.8, 3.43 – 3.48, 6.7Nature reserves – Part 5Night-time access – 2.4, 3.19 – 3.20Noise – 3.17Non-domestic buildings – 2.11, 3.18,
3.42, 3.63, 4.24
OObstructions to public access –
4.8 – 4.10, 6.10, 6.15, Annex 1Off-road driving – 2.14, 2.16, Annex 1Outdoors – 1.1, 1.7, 3.10Orienteering – 2.7
PParagliding – see Air sportsPaths and tracks – 2.2, 3.5, 3.20, 3.30,
3.36, 3.37, 3.40, 3.41, 4.4, 4.9, 4.10, 4.20, 4.25, Part 5, 6.6 – 6.10
Pay to enter – 2.11, 3.61Photography – 2.7, 2.9, 3.63
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Sheriffs’ courts – 1.4, 6.16Shooting – 2.12, 2.14 – also see:
Low-ground shooting,Grouse shooting, Wildfowling
Silage – see Hay / silageSigns – 3.10, 3.30, 3.33, 3.41, 3.46, 3.52,
3.60, 4.9, 4.25Skiing – 2.7Sledging – 2.7, 2.19Sporting events – 2.7, Part 5 - also see
EventsSports pitches – 2.11, 3.55, 3.56, Part 5Status of Code – 1.4 – 1.6Stiles – 2.2 – also see GatesStructures – 2.11, 3.42, 3.51Surveys – 2.8, 3.64, Part 5Swimming – 2.7, 2.18, Part 5
TTree felling – 2.5, 3.10, 3.27, 3.28, 4.13,
Part 5
VVisitor attractions – 2.11, 3.49, 3.59Voluntary agreements – 3.46, 6.7
WWalls – see DykesWild camping – 2.7, Part 5Wildfowling – 2.18, also see Low-ground
shootingWildlife – 2.8, 3.44 – 3.48, 3.56Wildlife surveys – 2.8, 3.64, Part 5Wildlife watching – 2.7, 3.45, Part 5Windsurfing – 2.7Woods – see Forests and woods
Picking wild berries and mushrooms – 2.14, 2.19, Part 5
Picnicking – 2.7, 2.18, 3.34, 4.13, Part 5 Playing fields – 2.2, 2.11, 3.25, 3.55, 3.56,
4.12, Part 5 - also see Sports pitchesPloughing – 3.25, 4.9, 4.12, Part 5Police – 6.14Policies eg woodland – 3.16Pollution – 2.13, 3.61, Annex 1Privacy – 1.3, 2.11, 3.13 – 3.17, 3.20,
3.40 – 3.41, 3.61, 3.63, 4.21Promotional campaigns – 1.2, 4.19, 6.7,
6.11, 6.12Public bodies – 1.7, 2.11, 3.46, 4.1, 6.6,
6.11Public parks – 1.1, 2.2, Part 5Public rights of navigation – 2.17Public rights of way – 2.15, 2.16
RRafting – Part 5Railways – 2.11, 4.24Rangers – 4.19, 4.21, 6.5, 6.7, 6.10Reservoirs – see Lochs and reservoirs Risk assessment – 3.27, 3.62, 4.13, 4.17Riverbanks – 2.2, 3.47, 3.56, Part 5Rivers and streams – 2.2, 3.11, 3.17, 4.9,
4.21, Part 5Rowing – 2.7, Part 5
SSafety – 1.3, 2.11, 3.8 – 3.12, 3.19,
3.22 – 3.28, 3.40, 3.60, 3.63,4.11 – 4.17, 6.7, 6.10, Annex 1
Sailing – 2.7, Part 5School grounds – 2.11, Part 5
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