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The fact that the BCU and RCC both attended meant that canoeing interests could be represented in both groups. Hopefully, I will be in a position to attach Brighton Uni’s notes of the meeting that will be circulated to all participants.
The value of the exercise, no doubt, will be known in the fullness of time but the river access issues and case were strongly aired. It was staggering how many attendees at the meeting did not know that canoeists were unable to paddle the rivers! At least our attendance afforded the opportunity to educate the un-informed and, hopefully, bring new allies to the cause!
I didn’t come away from the day too jaded – but neither did I come away fired up with enthusiasm and optimism!
Graham
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In
February 2007 and two of our own (Dave Ratford and Peter Holgate) volunteered to
paddle Matt Baker of the BBC down the few short stretches of the Avon where we
have 'permission' to paddle. This was televised on 23rd February 'Inside Out'
and included an interview with Douglas Caffyn explaining why the public right of
navigation established in 1664 remains
For further details see here, you can also see a short version of the broadcast (that appeared on the regional News) linked from this site
Well done to Dave and Peter for volunteering to put our case
Old law may prove paddling rights
by Malcolm Prior
Inside Out, BBC SouthCampaigners claim a 17th Century law could give them the right to paddle along one of the South's protected rivers.
Canoeists say landowners are barring them from stretches of the Avon in Wiltshire, Hampshire and Dorset.
But now a university researcher has uncovered a 1664 statute that he claims gives people the right to get on the river wherever they want.
Local landowners are adamant there is more than enough access already.
The row over the river, which is a site of special scientific interest, has been brought to light by BBC South's Inside Out programme.
River access researcher the Reverend Douglas Caffyn told the programme he believed the "Act for making the River Avon navigable from Christchurch to the city of New Sarum", made under Charles II, was still relevant today.
The Law Society has confirmed that the act has never been repealed.
The Rev Caffyn said: "My view is that the earth was created by the lord and everyone should have the right to appreciate the beauty of the countryside.
"People should not be allowed to purchase a piece of land and exclude the general public all of the time. I think that is wrong."
He has written to landowners along the Avon explaining why he thinks people have a legal right to access the river.
"No-one has written back to me explaining to me why they think those reasons are invalid. I don't think they can," he said.
"Some things in life are fairly certain and the fact that there is a right of navigation on the Avon is one of them."
However, with the claim yet to be tested in court, landowners remain sceptical about its validity.
One landowner, Rae Borras, who owns a mile-long beat on the Avon, said of the Rev Caffyn's argument: "Anything can be argued - that's really what English law is about, precedent etcetera.
"It could well be that Edward II gave somebody a mining right somewhere in a village where now there are gardens but I wouldn't expect people to just remove their flowers and get on with mining."
Mr Borras argued that there was plenty of access for canoeists at the tidal mouths of the Avon and other nearby rivers.
He said: "There's Poole harbour, Chichester, Christchurch harbour - these are areas that are easily navigable. Why do they have to add to that which they can already use by coming up to here?"
Currently there is no blanket legislation giving people the right to navigate rivers in England and Wales in the way ramblers were given the right to roam the countryside.

24th January, 2007
Private Member’s ‘Public Access to Inland Waters’ Bill is a big hit and progresses to a second reading
The Private Member’s Bill – ‘Public Access to Inland Waters 2007’ – presented today by Dr Des Turner MP on behalf of the Rivers Access Campaign and general public, has successfully made it through to a second reading stage.
The MP for Brighton presented the Bill which outlines the need for a new legislation, similar to the Scottish Land Reform Act 2003, identifying canoeists and other water user’s right to access the waters, as well as codify their responsibilities.
The presentation for new legislation was powerfully convincing and the majority of MPs in Parliament voted for the Bill to go onto the second stage of reading.
Chief Executive, Paul Owen comments,
"Reaching a
second reading stage clearly signifies to Ministers that the current situation
seriously needs to be reviewed and that voluntary access agreements
are simply not
sustainable, viable or acceptable. The case for new legislation is
strong and supported not
only by the 1.5 million who paddle regularly, but also by all river
users and members of the
public who think the law is archaic
and should be brought up to date."
Opening up rivers would help the BCU achieve its sporting and recreational aims. Greater access would also enable us to assist in reaching the Government’s aims for outdoor educational, participation in physical activity and the health agenda.
The outline of the Bill presentation by Des Turner, MP for Brighton:
Why Legislation and why voluntary rivers access agreements do not work
Dr Tuner emphasised that voluntary access agreements do not work and that legislation is the only way forward for access to inland waters. Voluntary access agreements have had negligible impact on access to inland waters. From over 41,000 miles (66,000kms) of rivers in England and Wales without a public right of navigation, only 510 miles (812 kilometres) of mostly highly restricted access has been negotiated. Some agreements are for just a few days each year adding very little to the 2% of inland waterways with a public right of navigation. Ultimately, access is in the hands of riparian owners and if they refuse to engage in negotiation, there is no way a canoeist or others can make progress.
The Environment Agencies’ report into rivers access – ‘Putting pilot voluntary canoe access agreements in place’, launched on 3rd October 2006 achieved very little. In two years a meagre 20 miles of access have been gained with some of that being highly restrictive and complicated. (The study claimed that 72kms (45 miles) has been negotiated for paddlers, but in reality there was already agreement and acceptance for canoeing to take place on much of the area of study.)
The Countryside Right of Way legislation (CRoW), which gives some people the right to roam, has not included everyone. Canoeists, swimmers, non-powered watersports have not been given the right to roam right to go to, on, traverse or in waters which have no access agreement or public right of navigation. Even if you want to watch wildlife from a boat/canoe, put your hot feet in the water after a walk, or allow you children to wade in a river on a hot summer’s day you could be committing trespass if there is no access to or along that waterway. Despite lobbying, water was taken out of the CRoW Act at the eleventh hour and still there is no access to and along 98% of the rivers in England and Wales.
In essence England and Wales have a natural heritage which provides great opportunities for open-air recreation and education. Open-air recreation provides people with great benefits for their health and well-being and contributes to the good of society in many other ways.
The Public Access to Inland Waters Bill (2007) gives everyone (non-motorised users) statutory access rights to and along most inland waters. However, people will only have these rights if they exercise them responsibly. All rights of navigation will continue to exist and are unaffected by the Public Access to Inland Waters Bill (2007)
Legislation, such as this Bill, will codify responsible access to and along water. It protects the environment and activities of canoeists, anglers, other users and landowners who are all required to adhere an Access Code. One similar to that of the Scottish Outdoor Access Code would be developed to support the Bill.
The benefits of Canoe and Kayaking
A legal right of access to rivers would provide more recreational opportunities for a group of people who want to use the water for recreational and educational purposes including canoeists, swimmers, and boaters and members of the general public with knock-on benefits for public health. The recreational aspects of canoeing could coincide effectively with government’s "everyday sport" and Welsh Assembly Government’s "Climbing Higher Strategy" if only river users had more access.
Our sport and recreation, which is currently the most popular watersport in the UK, contributes to the Government’s targets on; health - it is a healthy outdoor activity which encourages a respect and passion for nature and the environment. It also contributes to the local and national economy.
Water related activities are dramatically on the increase and access would provide millions of people with the opportunity to recreate near their homes and on a variety of waters.
Medal Success
With the London 2012 Olympics on the not too distant horizon, England and Wales should have the same access to our waters as the rest of the World. Watersports contributed to 40% of the GB medal success in the Athens 2004 Olympics.
At the recent Youth Olympics held in Australia, our young talented Olympians of the future won an impressive five medals.
Support for the Campaign
The Campaign is supported by; the Inland Waterways Association, the canoeing community, many sporting and non sporting bodies, uniformed youth organisations and the thousands who think the law is archaic and needs to be clarified though new legislation.
A recent petition on calling for new legislation is on of the most popular on the Prime Minister’s petitions page, visit http://petitions.pm.gov.uk/Canoeists/.
For more information on the campaign visit www.riversaccess.org
Ends
Ref 1.0 EDM 957
RIVER ACCESS FOR NON-POWERED CRAFT - 07.11.2005 - Grogan, John
That this House urges the Government to extend legislation on access to the countryside to allow canoeists and users of other non-powered craft the same access rights as those provided for walkers; acknowledges that the most successful Olympic canoeing nation, Germany, requires land owners to tolerate the use of non-powered craft on their waterways; and believes that with increased access to waterways, there will be greater participation in canoeing leading both to obvious health benefits for the nation and to increased chances of future Olympic success.
This received over 130 supporting names
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On behalf of DEFRA the EA asked Brighton University to test and demonstrate the processes involved in negotiating voluntary agreements and to secure voluntary canoe access agreements on four rivers in England (Mersey, Teme, Waveney and Wear). These rivers had featured in an earlier feasibility study carried out by the Countryside Agency. The study concluded that additional access to rivers could be provided through voluntary arrangements, but that more advice and guidance was needed
To download a summary of the report click here - complete and utter nonsense
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The entrance to
1) Small boats flying official flags or discs which are pilot boats, police launches, HM Customs and Excise craft, Her Majesty's vessels or Royal Maritime Auxiliary Service craft, and tugs engaged in towing operations or escorting a vessel under instruction from a pilot, may use the approach channel and the main navigable channels of the Harbour when the exercise of their duties requires it.
2) Subject to paragraph (1), small boats must:
(a) use the designated Small Boat Channel when entering or leaving the Harbour;
(b) not loiter in the Small Boat Channel;
(c) obey any directions in respect of traffic separation which the Queen's Harbour Master may from time to time issue by local or general notice to mariners in respect of the entrance to the Swashway and the Inner Swashway; and
(d) not, without the permission of the Queen's Harbour Master, cross the harbour between Ballast and Gunwharf Quays or the Town Camber.

The RED ZONE indicates the prohibited area for small boats
Further guidance is available from www.qhmportsmouth.com
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The club has purchased a copy of Justine's action sea kayaking video - please contact Graham if you wish to borrow it. (And if you have Graham's own DVD - return it!)
Read all 100 pages HERE and see what you think - I believe Barry's response sums it up! ...
"Thank you for supplying the report which I shall read with interest.
On my first glance through I note that, despite citing use of the river system by about 15000 anglers, compared with Ringwood and Salisbury canoe clubs' combined membership of about 70, the consultants recommend increasing access to anglers, particularly the young and disabled. You will appreciate that, as a canoeist, I see this as rather an obtuse conclusion.
In the latter part of the report, canoeing seems to have been forgotten, perhaps because of its minority status. That status is in part the result of a prohibitive access situation. The report does not seem to make clear the fact that access is denied on virtually the whole length of the Avon.
Perhaps you can persuade me of the value of continuing to be involved in this consultation process?"
A major new piece of work has been
researched and published by the Rev Douglas Caffyn. Doug, a former Chairman of
the Access Management Committee, has produced the paper based on a thesis
submitted to the
The preface to an Act of 1472 stated,
“Whereas, by the laudable Statute of Magna Carta, among other things …. was
made for the great Wealth of all this Land, in avoiding the Straitness of all
Rivers, so that Ships and Boats might have in them their large and free
Passage.”
The paper reviews the evidence that
prior to 1830 there was a generally acted public right of navigation on all
rivers which were physically navigable. The wording of River Navigation Acts are
examined and are shown not to be inconsistent with this interpretation of the
law.
In 1830 H.W. Woolwrych claimed that all non-tidal rivers are private unless a public right of navigation has been established by statute, long use or dedication. The errors in his text are examined and it is argued that subsequent commentators have followed his misconceptions. Four leading cases from the 19th and 20th centauries are then considered.
In the paper it is shown that the public right has not been lost but that there always has been, and there continues to be, a public right of navigation on all non-tidal rivers which are naturally physically navigable by small boats.
The BCU intend to use the paper as part of the case for greater access and are seeking further legal advice. The paper has already been given to DEFRA and the Environment Agency who are currently reviewing the paper with great interest.
For information on how to obtain copies
of the paper please contact
Hello,
I thought that it was time that we updated you with the current situation on the
weir at Woodmill in
2004 was incredibly frustrating for all of us here as we waited.......and waited for the engineers to move in and sort out the tidal weir at the back of the centre. Having initially intended to make a start early in the Autumn the work finally got done in December. Fortunately the low rainfall in December meant that the work went ahead relatively easily.
We are currently advising paddlers that the Weir is back in use but would advise extreme caution as nobody really knows how the wave will shape up at all the different combinations of river level and tide height. Initial impressions are that at the present river level (January 6) the weir is quite 'boily' at low tide. There appears to be quite a good surf wave early in the tidal cycle and again late in the cycle but right on low water it is more of a hole. At big river levels the hole is very big and scary and we would advise people to stay away. The concrete blocks either side of the weir act as a good gauge, when river flow covers them you probably don't want to be on the weir!
The Woodmill web site will be updated to advise the paddling community of this news. In the meantime we would be extremely grateful if you could post this updated info on the UK Rivers Guide website.
We would remind paddlers that the weir
is tidal and works for around two hours either side of Low Water (
It is likely that Rafts or canoes/kayaks from Woodmill will run the weir from upstream at various times, please remember that students from the centre may be in the early stages of learning to paddle on white water so please be patient with them and observe the kind of courtesy that you would hope to find on a river.
Please remember that Woodmill is a busy outdoor centre and that we are not here solely to answer the phone and answer questions about tide times!
Many thanks, Patrick
WE ARE EXCLUDED FROM 98% OF ALL RIVERS IN ENGLAND AND WALES
Visit www.riversaccess.org to find out how you can help
In
the
The
Government commissioned report "Water-Based
Sport and Recreation – the facts" published in December 2001
established:
| There
are 4,540 kilometres of canal and rivers with navigation rights. | |
| There
are in excess of 65,000 kilometres of rivers with NO ACCESS |
Successive
governments have encouraged canoeist to seek to negotiate access agreements.
These have only achieved 812 kilometres of highly restricted access.
Canoeing is
a clean physical activity enjoyed by over two million people each year causing
no damage and minimal disturbance. Canoeing is also a sport, which delivers
Olympic and international medals. Canoeing is a sport and recreational activity
for all regardless of age or ability
hi,
I'm writing to let your club know about
the release of the first ever action sea kayaking video. "This is the
Sea" is shot in
The DVD and VHS is made by Justine
Curgenven who is a professional camerawoman/ director with credits on BBC, Nat
Geo & Sky. She films from the thick of the action, with a waterproof
minicam system fixed onto her kayak, giving never-before-seen action
shots. Watch the paddlers eyes bulge and hear them scream in excitement! You can
see a preview on her website, www.cackletv.com.
I might be a bit biassed so here are some other peoples' comments about the video;
"Cackle TV has captured the both the essence of sea kayaking and its world-wide variety. Justine's camera takes you into the thick of the action and gives you the thrill of riding the waves". Chris Cunningham, Editor of Seakayaker magazine.
"Refreshingly motivated by fun! Who can resist a wild cackle in a sea kayak? Play on!", Nigel Foster.
"At last a film that shows the
true thrills, freedom and fun of sea kayaking. You can feel the spray, taste the
salt in the air. You'll actually feel like you’re in the cockpit with the
kayaker ", Jason Smith, editor of Canoe & Kayak
"It blew my brains out…. inspirational". A happy viewer
"This is the Sea" is a 60 minutes long DVD or VHS. The DVD is available at a recommended retail price of £19.99, and the VHS is £18.99. You can buy it at www.cackletv.com, in good kayak stores (see www.cackletv.com for a list), or from magazines like Canoe & Kayak UK.
Please tell people in your club about the video if you think it might be of interest, or maybe the club would like to buy a copy?
Thanks,
all the best
Justine
For those who knew Justine before she moved to Wales it will come as no suprise that she now runs her own adventure film TV company and has clocked up a large number of adventures during the last few years. For those of you who remember Justine's laugh - you won't be suprised that her TV company is called CackleTV!!
On 10th June, Justine Curgenven and Hadas Feldman set off to Russia, - final preparations for a Sea Kayaking Expedition to kayak 300 miles along the exposed, lonely Kamchatka coastline. Big surf, unpredictable weather, the world's largest population of brown bears and a complete lack of infrastructure mean this will be a formidable undertaking
But the plans don't stop there. The women are offering local people work and conservation opportunities. They intend to transport 6 kayaks and kayaking equipment from Wales to Kamchatka. Over 2 years, they've collaborated with a local eco-tourism company and recruited
6 young Russians who they will train to become kayaking guides. This will be a major boost to a struggling economy, helping a small local business to develop in a way which preserves the natural beauty and culture of Kamchatka.Only 2 travellers have ever been on a sea kayaking expedition to Kamchatka so Justine and Hadas will be in virtually unexplored territory. They plan to kayak 300 miles north from the capital Petropavlovsk to the next village, Ust Kamchatsk.
"Here we will find the only road (or rather dirt track) within 300 miles and undertake a 2 day truck ride back to Petropavlovsk. This is true wilderness; no roads, virtually no people, no-one to call on. The kayaking will be extremely challenging with big Pacific swells and long stretches of cliffs where we cannot land. We are departing in July in the hope that offshore ice may reduce the size of the waves but we must still be extremely careful not to smash our kayaks on rocks if the surf is too big. Once on land, bears will be our biggest hazard. The salmon will not have started running up the rivers yet, so bears congregate along the coast, feeding on sedges and clams. If we are lucky, we will meet some of the few local people who live in the harsh landscape and be invited to share in their traditional way of life.
We have 3 weeks to complete the journey, which is not long if the weather is bad. We must carry all our own food, camping equipment and emergency communications in our kayaks.
Regulations in Kamchatka say we must take a 'guide' with us on the expedition. Our guide, Anatoly, will have had just 3 weeks kayaking experience so in reality we will be guiding him on the water. But a local person will offer us protection from brown bears, be able to interpret if we meet any Russian military, and provide a precious insight into the Kamchatka way of life."
An hour long programme on the National Geographic Channel is planned but for now more details are available at http://www.cackletv.com/
Good luck Justine
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A new canoe store has opened at 4 Stepnell Reach, 541 Blandford Road, Hamworthy, Poole www.bournemouthcanoes.co.uk and 01202 625256
"All BCU and club members get 5% on everything. New kayaks and canoes get 10% of the boats value in goods. We also offer periodic specials open to all. Active level 2 & 3 coaches can expect 10% off everything. We are also competative on club purchases" Bob Dyer
The BCU (and the paddling community) needs your help now ! The BCU wants all to lobby their MP's for a change in the law for Canoeing Access and Passage to and along all rivers.
I have already contacted Desmond Swayne (my local MP) - who has assured me that he will write to the secretary of state to make representations on our behalf and will also table a parliamentary question.
I reproduce a BCU press release below.
The BCU writes ...
For some thirty-five years the BCU has sought to obtain more access for canoeing. Over all this time and following government advice after government advice we have continued to seek this through voluntary negotiation.
What have we achieved ? About 376 miles of voluntary access agreements, a mere 3% out of the near 11,000 miles of river that we could paddle.
The BCU has continued to lobby government (and all other appropriate bodies), has met with Ministers, and in March 2000 we put down questions in both the Houses of Commons and Lords during the Countryside and Rights of Way debates.
Following pressure, the DETR (now DEFRA) announced in October 2000 that together with the Environment Agency, British Waterways, the Countryside Agency, Sport England, English Nature and the Countryside Agency for Wales, they would commission research …
‘To establish the current levels of participation in and availability of water space for water-based sport and recreation in England and Wales’.
A consortium of researchers lead by Brighton University was commissioned to carry out this research and many canoeists contributed by making returns to their questionnaires. We are grateful for that support.
The preliminary findings of this research were reported on the 30th October and are as follows:
‘They broadly support our figures, but above all they substantiate our long held argument for a fairer and more equitable share of Access to water’.
The BCU’s Access Management Committee has recently come to the inevitable conclusion that negotiation is simply not the only way forward to achieve this goal. It is quite clear that landowners are in the main not interested in discussing voluntary access agreements.
The BCU now feels that the only way forward is to ask government to develop new legislation for rivers and the marine environment.
The present government has shown an understanding of the problem and may have the interest to consider legislation, but, there is only so much we on the Access Committee and at the BCU office can do.
You can see that we are lobbying hard and you can help by writing to your MP and by visiting them at their local office or surgery in support of fair shares for Access.
We would like Canoeists in every constituency in England and Wales to lobby their MP. If you are prepared to do this and to do it in the immediate future and would like further lobbying and background information please contact Ginnie Hannah or Chris. Hawkesworth at the BCU office. Telephone 0115 982 1100. Email :- access@bcu.org.uk
Every additional voice will help.
The "Raw Deal" Petition is to be handed in to ministers early next year, so there is still time to sign it if you have not already done so.
Access is at a critical stage, please help.
++++
Further details and documentation available at the BCU web site
East Mills: Bad News ![]()
You are probably all aware that I have been trying to negotiate access to the weir at East Mills, Fordingbridge for over a year.
The Environment Agency, who own a depot there, agreed to allow us access and parking - but only providing we could get agreement from the new owners of the Mill.
It took a while to track down the owner, Peter Derber, who lives in London and has yet to take up residence at the mill, but after a lengthy search I managed to talk with his wife earlier this year
I finally managed to contact Peter Derber himself in June 2000 and he has adamantly refused to entertain any notion of access for canoeists - for fear that it might 'disturb his peace and tranquility' He also asked me to tell other canoeists!! (some other paddlers stumbled across the weir a few months
There is not a lot more that I can do - a disappointing outcome.


