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8 General duty of Council and Commission
(1) | The Council and the Commission shall each have a duty to exercise their functions in a manner which they consider is calculated
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(a) | to restore and conserve the Common as a peaceful place of natural beauty and, in particular, to conserve its flora and fauna and ecological, archeological, geological and physiographical features;
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(b) | to conserve any part of the Common which is a site of special scientific interest as such a site; and
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(c) | subject to paragraphs (a) and (b) above
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(i) | to promote and improve grazing on the Common;
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(ii) | to promote educational activities related to the Common and, in particular, to encourage public awareness of the ecological, cultural and historic significance of the Common and any additional open space;
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(iii) | to manage the Common and any additional open space as a place open to the public for recreational purposes; and
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(iv) | to facilitate the exercise of commoners' rights on the Common.
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(2) | Without prejudice to the generality of subsection (1) above, the Council and the Commission shall each have a duty to exercise their functions in a manner which they consider will implement the policy set out in the Management Plan.
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(3) | In subsection (2) above Management Plan means the Greenham and Crookham Common Management Plan prepared under section 9 (Greenham and Crookham Common Management Plan) below as for the time being in force.
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9 Greenham and Crookham Common Management Plan
(1) | The Council shall, with the approval of the Commission, before the end of the period of three years beginning with the appointed day, prepare and make available for public inspection a plan (to be known as the Greenham and Crookham Common Management Plan) setting out their policy with respect to the exercise by the Council and the Commission of their functions under this Act.
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(2) | Before preparing the Management Plan the Council shall
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(a) | prepare a draft of the Management Plan in consultation with the Commission and such other bodies as appear to the Council to represent interests likely to be concerned;
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(b) | make the draft available for public inspection for not less than 28 days; and
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(c) | consider any comments made in relation to the draft during the period mentioned in paragraph (b) above.
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(3) | The Council shall, in consultation with the Commission and such other bodies as appear to the Council to represent interests likely to be concerned, review the Management Plan at least once in every five years.
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(4) | If, as a result of any such review, the Council are of the opinion that it is appropriate to vary the Management Plan, the Council shall do so in such manner as they, with the approval of the Commission, think fit.
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(5) | The provisions of subsection (2) above shall apply in relation to any variation of the Management Plan as they apply in relation to the preparation of the Management Plan.
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(6) | In this section Management Plan means the Greenham and Crookham Common Management Plan.
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10 Power to fence
(1) | The Council may, with the consent of the Commission, erect a fence
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(a) | round the perimeter of so much of the Common as they think fit; and
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(b) | round the perimeter of so much of any additional open space as they think fit,
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(2) | In erecting a fence under subsection (1) above the Council may, with the consent of the Commission, deviate laterally within a distance of 50 metres on either side of the boundary of the Common or the additional open space.
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(3) | Without prejudice to subsections (1) and (2) above, the Council may, with the consent of the Secretary of State, erect a fence round the whole or part of any land within the Common or any additional open space but such consent shall not be required for the fencing of any such land against a highway used by vehicles.
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(4) | In exercising the Secretary of State's functions under subsection (3) above, the Secretary of State shall have regard to all relevant circumstances including, in particular, the purposes set out in paragraphs (a) and (b) of section 8(1) (General duty of Council and Commission) above.
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(5) | No fence may be erected under this section on any land which is outside the boundary of the Common or any additional open space except with the consent of every person who has a relevant interest in that land.
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(6) | Any fence erected by the Council before the appointed day which would, had it been erected with the consent of the Commission after the appointed day, have been authorised under this section, shall if it is approved by the Commission be taken to have been erected under this section.
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(7) | This section shall not affect any obligation on the part of the occupier of any land which adjoins the Common or any additional open space to fence that land against the Common or such additional open space; and, accordingly, where the Council exercise the power under this section to erect a fence between the Common or any additional open space and adjoining land, the occupier of the adjoining land shall have the obligation to repair and, where necessary, to renew the fence.
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(8) | Nothing in this section shall affect any powers of the Council to erect a fence under or by virtue of any other enactment.
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PART 3
PUBLIC ACCESS
11 Rights of public access
(1) | Subject to the following provisions of this Act and compliance with all rules, regulations or byelaws relating to the Common and any additional open space and for the time being in force, the public shall have a right of access to the Common and any additional open space on foot for the purpose of open-air recreation; and a person
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(a) | who enters upon such land for that purpose without breaking or damaging any wall, fence, hedge or gate; or
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(b) | who is on such land for such purpose after having so entered on the land,
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| shall not be treated as a trespasser on that land or incur any other liability by reason only of entering or being on the land.
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(2) | Subject as mentioned in subsection (1) above, the public shall have a right of access on horseback or bicycle on such defined paths or tracks over the Common and any additional open space as the Council may from time to time determine in consultation with the Commission.
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(3) | Subsections (1) and (2) above shall not apply to a person who, in or upon any such land
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(a) | without lawful authority or written authority from the Council
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(i) | rides any horse or bicycle except on such a defined path or track as is mentioned in subsection (2) above; or
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(ii) | drives or rides any other vehicle;
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(b) | hinders or obstructs any officer or other person authorised by the Council, commoner or other person in the exercise of any right or power vested in that person.
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(4) | Subsections (1) and (2) above shall have effect subject to the general restrictions contained in Schedule 2 to the 1949 Act (general restrictions to be observed by persons having access to land by virtue of that Act) as if the reference in that Schedule to section 60(1) of the 1949 Act were a reference to subsections (1) and (2) above.
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(5) | Subsections (1) and (2) above shall not apply to land which for the time being is excepted land within the meaning of section 60(5) of the 1949 Act.
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(6) | Nothing in this section shall affect the exercise of powers under any enactment whereby access to the Common or additional open space may be regulated or prohibited.
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12 Effect of public access on owners' rights and liabilities
(1) | A person entering upon any land in accordance with section 11 (Rights of public access) above is not, for the purposes of the Occupiers' Liability Act 1957 (c. 31), a visitor of any occupier of the land; and the exercise of any right under that section in relation to any land shall not increase the liability, under any enactment not contained in this Act or under any rule of law, of a person interested in that land or adjoining land in respect of the state of the land or of things done or omitted to be done on the land.
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(2) | Any restriction arising under a covenant or otherwise as to the use of any land comprised in the Common or any additional open space shall have effect subject to the provisions of this Part of this Act and any liability of a person interested in such land in respect of such a restriction shall be limited accordingly.
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(3) | For the purposes of any enactment or rule of law as to the circumstances in which the dedication of a highway or the grant of an easement may be presumed, or may be established by prescription, the use by the public or by any person of a way across any land at any time while it is comprised in the Common or any additional open space shall be disregarded.
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13 Map of land subject to public access
(1) | The Council shall prepare and keep up-to-date a map on a scale not less than 1:5000 showing
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(b) | any additional open space for the time being designated under section 6 (Designation of additional open space) above; and
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(c) | any highways over the Common or any additional open space.
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(2) | The Council shall keep a copy of the map available for inspection by the public at such place or places as the Council may determine; and the Council may, if they think fit, display at places where the public obtain access to the land
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(a) | reproductions of the map on an appropriate scale; and
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(b) | notices specifying any restrictions on access to the land or any part of the land, whether the restrictions have effect by virtue of any of the provisions of this Part of this Act or otherwise.
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14 Power to restrict public access
(1) | The Council may regulate or prohibit for such a period as, in their opinion is reasonably necessary, public access to any part of the Common or any additional open space (including any footpath or bridleway) if they think it reasonably necessary in the interests of public safety or for the purpose of
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(a) | the restoration or conservation of the natural beauty of the Common or any additional open space;
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(b) | the restoration or conservation of the suitability for grazing or recreation of that part of the Common or any additional open space;
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(c) | the preservation of trees or shrubs planted on that part;
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(d) | the protection of animals pastured on the Common or any additional open space;
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(e) | the protection of ground nesting birds; or
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(f) | the prevention of the risk of fire.
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(2) | During the currency of any such regulation or prohibition, the right of access of the public and the exercise of rights of common over the land concerned and all other interests affected shall be subject to the regulation or prohibition.
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(3) | Before exercising any power under subsection (1) above, the Council shall obtain the consent of the Commission except in emergency or where
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(a) | the area of the land concerned is less than two hectares; or
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(b) | the duration of the regulation or prohibition is for a period not exceeding 30 days.
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(4) | Where the Council regulate or prohibit public access to any land
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(a) | they may fence the land for the purpose of securing compliance with the regulation or prohibition; and
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(b) | they shall display on the land such notices as they consider are reasonably required to inform members of the public of the restriction or prohibition and the duration of, and the reason for, the regulation or prohibition.
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(5) | Nothing in this section shall authorise the Council to regulate or prohibit access to any land by the owner of the land or by any person acting on behalf of the owner.
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15 Power to make byelaws
(1) | The Council may make and enforce byelaws for any of the following purposes
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(a) | the conservation of the natural beauty of the Common and any additional open space;
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(b) | the preservation of order and the prevention of nuisances on that land;
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(c) | the good management of that land;
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(d) | to secure that persons on the land will so behave themselves as to avoid undue interference with the enjoyment of the land by other persons or the exercise of rights of common; and
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(e) | to secure public safety.
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(2) | Without prejudice to the generality of subsection (1) above, byelaws under this section may
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(a) | regulate or prohibit the lighting of fires;
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(b) | regulate, restrict or prohibit the use of the Common and any additional open space for any particular purpose;
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(c) | make provision for the control of dogs and other animals;
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(d) | make provision that a person contravening the byelaws shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
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(3) | Byelaws under this section
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(a) | may relate to the whole or any part of the Common;
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(b) | may relate to specified additional open space or to all additional open space for the time being designated (whether before or after the making of the byelaws) under section 6 (Designation of additional open space) above (subject to such exceptions as may be specified); and
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(c) | may make different provision for different cases and in relation to different parts of such land.
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(4) | Before making any byelaws under this section the Council shall consult with the Commission.
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(5) | Sections 236 and 238 of the 1972 Act (which respectively relate to the procedure for making byelaws and provide for the proof of byelaws in legal proceedings) shall apply to byelaws made under this section; and the confirming authority for the purposes of section 236 of that Act shall be the Secretary of State.
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(6) | The Council may appoint such number of persons as may appear to them to be necessary or expedient to act as rangers as respects the Common and any additional open space; and subsections (3) and (4) of section 92 of the 1949 Act (which confer certain powers on wardens for the enforcement of byelaws under that Act) shall apply in relation to rangers appointed under this section as they apply in relation to wardens appointed under that Act.
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16 Power to provide parking spaces
(1) | Subject to subsection (3) below, to facilitate the exercise of public access to the Common and any additional open space, the Council may
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(a) | on any such land secure the provision (whether by the Council or by any other person) of parking spaces and means of access to and egress from parking spaces; and
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(b) | for that purpose carry out such work as may appear to them to be necessary or expedient.
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(2) | Subject to subsection (3) below but without prejudice to section 20 (Ancillary provisions relating to Council's functions) below, the Council may make such charges for the use of parking spaces provided by them under this section, and may erect such devices for the collection of charges and controlling such use, as they think fit.
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(3) | The Council shall not make any provision for parking spaces, or make charges for the use of parking spaces, under this section except with the consent of the Commission.
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