Memorandum submitted by the National Association
of Mining History Organisations (DMB 06)
The UK Department of Environment, Food and Rural
Affairs are to be commended for their positive approach to ensuring
public access to the English coast. In particular we, the National
Association of Mining History Organisations (NAMHO), as a body
committed to the continued protection and interpretation of mining
heritage in Britain and Ireland, are pleased that they have proposed
an extension of reduced liability to include "non-natural"
features in the amendments to the CROW Act.
4.12 The coast is a dangerous environment,
but we believe that the public can and do make use of it safely
and sensibly and should be allowed to make their own judgement
on the level of risk they wish to undertake.
The legislation therefore removes occupier's
liability in respect of any natural feature, as for other CROW
access land, but in addition removes occupier's liability in respect
of any non-natural feature.
(http://www.official-documents.gov.uk/document/cm73/7351/7351.pdf,
p 57 [accessed 9 May 2008])
It has been a cause for concern that land-owners
and occupiers would seek to reduce their perceived liability by
destroying such features which were not protected under the Archaeological
Areas Act, 1979. Even our most "natural" areas of these
islands have been heavily modified by man and, if the earthworks
and structures which mark their activity were removed, we would
be left with an empty landscape. Whilst we are considering here
the coastal landscapes of England, and proposed amendments connected
with the introduction of the Marine Bill, our concerns over damage
to the historic environment extend to all parts of both England
and Wales already made more accessible by the CROW Act, 2000.
We would therefore recommend that action is
taken to apply the extension of reduced liability, outlined above,
to all areas covered by the existing CROW Act, ie the upland areas
of England and Wales.
Peter Claughton
Conservation Officer, National Association of Mining
History Organisations
May 2008
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