Right to Roam Bill

Right to Roam Bill - continued	House of Commons

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Excepted land.	6. - (1) There shall be excepted from the land defined in section 2 above, land which for the time being is of any of the following descriptions and which shall be known as "excepted land", that is to say-
	(a) land covered by buildings or the curtilage of such buildings;
	(b) land used for the purpose of a park, garden or pleasure ground, being land which was so used at the date of coming into force of this Act;
	(c) land used for the getting of minerals by surface working (including quarrying), land used for the purposes of a railway (including light railway) or tramway, and land used for the purposes of an aerodrome;
	(d) land (not falling within the foregoing paragraphs of this subsection) covered by works used for the purposes of a statutory undertaking or a telecommunications code system and the curtilage of such land;
	(e) land as respects which development is in course of being carried out which will result in the land becoming such land as is specified in paragraph (a), (c) or (d) of this subsection.
	Provided that land shall not become excepted land by reason of any development carried out thereon, or any exchange of use made thereof, if the development or change of use is one for which under the Town and Country Planning Act 1990 planning permission is required and either that permission has not been granted or any condition subject to which it was granted has been contravened or had not been complied with.
	(2) Any person having an interest in land which he claims to be excepted land may within five years of the commencement date or within three years of any lawful development taking place apply to the authority for an order (hereinafter called "an exception order") whereby the said land or part thereof may be declared to be excepted land.
	(3) The provisions of Schedule 2 to this Act shall have effect as to the making, determination, coming into force and revocation of applications and orders under this section and for consequential amendments to the open country map.
Conforming and non-conforming land.	7. - (1) Any person having an interest in land may make application to the authority for a declaration (hereinafter called "a declaration of non-conformity") that the land which is the subject of the application is not open country but no such application may be made in respect of common land as defined in this Act; and land which is or has at any time prior to the relevant date been removed from the register of common land maintained under the 1965 Act may, notwithstanding such removal, be open country for the purposes of this Act.
	(2) In an application for a declaration of non-conformity the applicant may claim that the land is agricultural land but agricultural land shall not include land which is agricultural land by reason only that if affords rough grazing for livestock.
	(3) Any person may make an application to the authority for a declaration (hereinafter called "a declaration of conformity") that the land which is the subject of the application is open country.
	(4) Applications for a declaration of conformity or non-conformity shall be made-
	(a) in the period of two years and six months from the relevant date to the National Surveying Authority;
	(b) thereafter to the authority.
	(5) The provisions of Schedule 2 to this Act shall have effect as to the making, determination, coming into force and revocation of applications and declarations under this section and for consequential amendment to be made to the open country map.
Temporary prohibition order.	8. - (1) The authority may upon application duly made to it make a temporary prohibition order whereby the use of the land by the public in the manner provided for in section 1 above shall be temporarily prohibited.
	(2) In the event of a person who has an interest in the land applying to the authority for a temporary prohibition order to enable organised shooting to take place over the land the authority shall grant the said order for a maximum period of 12 days in any calendar year.
	(3) In the event of a person who has an interest in the land or in the event of English Nature or the National Surveying Authority applying to the authority for a temporary prohibition order on the following grounds the authority may grant the same for a period of 28 days from the date on which it comes into force subject to the provisions of subsection (4) below, and the said grounds for making such an order shall be-
	(a) by reason of any exceptional conditions of weather for the time being prevailing, access by the public to the land or any part thereof is likely to result in fires occurring thereon; or
	(b) for the protection of the birth and suckling of lambs and kids.
	(4) Any applicant referred to in subsection (3) above may apply to the authority for further orders so that the period of 28 days referred to in that subsection may be extended for two subsequent consecutive periods of 28 days.
	(5) In the event of a person having an interest in the land applying to the authority for a temporary prohibition order on the following grounds the authority may, and in the case of an application being made to the authority by English Nature, English Heritage or the Countryside Council for Wales shall make a temporary prohibition order for a period not exceeding three years; and the said grounds for making such an order shall be-
	(a) for the preservation or restoration of the suitability of the land for rough grazing;
	(b) for the protection of trees recently planted on the land;
	(c) for the protection or restoration of flora or fauna on the land; or
	(d) for the prevention of accidents at a quarry, pit, pond, mine shaft or other man-made source of danger on the land.
	(6) In the event of English Nature, English Heritage or the National Surveying Authority applying to the authority for a temporary prohibition order on the following grounds the authority shall grant the same for a period not exceeding three years; and the said grounds for making such an order shall be-
	(a) for the protection of a geological or physiographical feature of the land;
	(b) for the protection of an ancient monument, or of a feature or an area of archaeological or historic interest, on the land; or
	(c) for the protection or restoration of the natural beauty of the land or the suitability of the land for open air recreation.
	(7) If a person or authority specified in subsections (5) or (6) above applies to the authority for a temporary prohibition order to be extended or renewed, the authority may extend or renew the order for a period not exceeding three years from the expiration of the immediately preceding order.
	(8) If the authority is satisfied that a temporary prohibition is no longer required it shall forthwith revoke the order.
	(9) The Secretary of State may make regulations with respect to the procedure to be followed in connection with the making of orders under this section, including provision for notifying the public of the exercise or proposed exercise of the powers conferred by this section and of the effect of orders and notices made or issued in the exercise of those powers.
	(10) Without prejudice to the generality of the provisions of subsection (9) above, the Secretary of State may by regulations make provision for the making and consideration of objections to a proposed order.
Provision of means of access.	9. - (1) If any person represents to the authority that there are not sufficient means of access to any open country from a public highway, the authority upon being satisfied that no such means exist shall take such steps as are necessary to ensure that such access is thenceforth available as of right.
	(2) Provision for such access to the land may be the provision by any one or more of the following, that is to say-
	(a) the improvement or repair of any means of access to the land in existence at the date of coming into force of this Act;
	(b) the construction of any new means of access to the land including making a creation order as provided for in section 26 of the Highways Act 1980;
	(c) the imposition of restrictions on the destruction, removal, or stopping up of any means of access to the land, or the doing of anything whereby the use of any such means of access by the public would be impeded; and
	(d) the maintenance of any such means of access to the land as are mentioned in paragraph (a) and (b) of this subsection.
	(3) No provision made under this section shall-
	(a) apply to land which is for the time being excepted land or non-conforming land, or authorise or require anything to be done in relation to such land or any means of access thereto;
	(b) affect the doing of anything whereby any land becomes excepted or non-conforming land; or
	(c) require, or authorise any person to require, any work to be carried out at the expense of any person interested in the land except as hereafter in this section expressly provided.
	(4) Where it appears to the authority that any work is required for giving effect to any such provision as provided for in this section the authority may agree with the owner or occupier of the land as to the carrying out of the work, and where it is agreed that it should be carried out otherwise than by the authority, may defray the cost of the carrying out thereof or may contribute such part of that cost as may be specified in the agreement.
	(5) If, in a case falling within subsection (4) above-
	(a) the authority are unable to make an agreement; or
	(b) the owner or occupier fails to carry out within a reasonable period any work that he had agreed to carry out
	the authority after giving to the owner or occupier (as the case may be) not less than 14 days' notice of their intention so to do may take all necessary steps for carrying out the work; and where in a case to which paragraph (b) of this subsection applies, the agreement provided that the authority should contribute part of the cost of carrying out the work, the authority may recover the amount of any expenses reasonably incurred by them in carrying out the work reduced by their contribution under the agreement, from the person by whom the cost (apart from the authority's contribution) of carrying out the work would fall to be borne.
Application of general provisions of the 1949 Act.	10. - (1) Any access agreement or order made under the provisions of Part V of the 1949 Act or any provision for access in an agreement made under section 39 of the Wildlife and Countryside Act 1981 shall continue to have full force and effect in accordance with the terms thereof not withstanding any variation or repeal of the law as a result of this Act but without any additional provisions for compensation as provided for therein.
	(2) Upon the expiration or the determination of any such access agreement or order the land to which the said agreement or order related shall thenceforth be subject to the provisions of this Act.

Prepared 10 February 1999