ASERA
ASSOCIATION OF SEVERN ESTUARY RELEVANT AUTHORITIES
1. Relevant authority : Environment Agency
2. Activity : Water based recreation
2.1 Why? (Why is this activity carried out? (if applicable) i.e. maintenance dredging is required to provide safe
navigation. Pipeline maintenance is required to ensure safe containment of substances.)
Recreation for the Environment Agency is about protecting, improving and promoting the enjoyable
use of inland and coastal waters, and the land around them. This includes activities such as canoeing,
rowing, sailing, angling, water-skiing and boating, as well as walking, picnicking and visiting waterside
areas. We seek to create opportunities for recreation, and to learn how it can best be managed within
the environment.
The Agency has a specific legislative duty to promote fishing and fisheries above and beyond its duties
to other types of recreation. Consequently, ‘angling’ has been dealt with in a separate pro forma.
2.1 Location (Describe the area used for the activity. Please provide annotated maps, co-ordinates, postcodes etc so
that this information can be plotted into a GIS)
Various
2.2 Frequency (Describe when/how often the activity occurs.)
Varies
2.3 How (Describe how the activity is carried out (ie equipment used, number/type of people involved) and the
intensity (high, medium, low).
Varies depending on activity
3. Management
3.1 General (Brief description of your current management.)
3.2 Management objectives (Why are you managing this activity - if different to 2.1 above (please identify if no
management)?
The Environment Agency has a general duty to promote the use of all in-land and coastal waters and
land associated with them for recreational purposes
 To take account of recreation in carrying out all the Agency’s functions
 To ensure that water and associated land in Agency’s control is made available where appropriate
for recreational purpose
 To protect existing recreation uses and increase opportunities for recreation in the course of the
Agency’s work
 To make the best use of the Agency’s own sites for recreation and to develop and demonstrate
best management practices
3.3 Your role (Describe your role in relation to the activity (e.g. statutory duty, control due to land ownership, part of
normal working operations etc)
Recreation duties of the Agency as laid down in the Environment Act 1995:
Main Duty
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Section 6(1) of the Act provides a general duty to further the establishment and development of the
use of inland and coastal waters, and land associated with such waters, for recreational purposes.
Although it is a general duty, the Agency has to carry it out only to the extent which it considers
desirable. The Agency has some flexibility and, for example, it would not be obliged to encourage the
use of unsuitable or dangerous waters for recreation.
This duty applies to all functions of the Agency but, in practice, there is little or no scope for
promoting recreation in relation to industrial processes, waste disposal and treatment facilities which
are regulated by the Agency.
When performing its duty, the Agency must take into account the needs of people who are chronically
sick or disabled.
Duty where the Agency holds rights
Section 7(4) places a duty on the Agency to make available for recreational purposes any water or
associated land where the Agency holds rights of use.
This is dependent on it being reasonably practical and consistent with other functional duties. Again,
the Agency must pay attention to the needs of the chronically sick or disabled.
If it is likely to result in an obstruction of interference with navigation, the Agency must obtain the
consent of the relevant navigation authority.
Nothing in the legislation requires the Agency to make recreational facilities available free of charge.
Other duties
When dealing with proposals relating to its functions, the Agency is required under section 7(1) to
further or, in the case of the pollution control function, have regard to, the conservation and
enhancement of natural beauty and the conservation of flora, fauna and features of special interest.
These are likely to have an indirect effect on recreation.
Account must also be taken of the effects of any proposals on the economic and social wellbeing of
local communities in rural areas. Recreation may be a significant factor in the local economy.
Section 7(2) requires the Agency to consider the protection of, and possible effects of proposals on,
public access.
3.4 Existing regulation (Describe any existing regulation for the activity.)
1.
Countryside Rights of Way Act (2000)
The Countryside Rights of Way (CROW) Act (c.37) contains measures to improve public access to the
open countryside and registered common land while recognising and providing safeguards for
landowners and occupiers; it has modernised the law relating to rights of way; it amends the law
relating to nature conservation by strengthening protection for Sites of Special Scientific Interest
(SSSI) including tougher penalties and strengthens wildlife enforcement legislation; it provides a basis
for the conservation of biological biodiversity; and it provides for better management of Areas of
Outstanding Natural Beauty (AONB). Specific key measures include: access and rights of way and
wildlife protection. Both are discussed further below.
 Access and Rights of Way
The Act gives the public a new right of access to mountain, moor, heath, down and registered
common land, whilst protecting the rights of landowners and managers. It also improves the rights
of way legislation by encouraging the creation of new routes and clarifying uncertainties about what
rights already exist. Local Authorities will be required to review and publish plans for improving
rights of way.
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 Wildlife protection
The Act introduces a new duty on Government Departments to have regard to biodiversity
conservation and maintain lists of species and habitats for which conservation measures should be
taken or promoted. It enhances the statutory duty for public bodies to further the conservation and
enhancement of SSSIs, creates better protection for wildlife habitats by introducing higher penalties
for those who damage SSSIs, and more incentives for positive land management. It also introduces
stronger legal protection for threatened species by updating the Wildlife and Countryside Act 1981.
2.
The Disability Discrimination Act 1995
This Act establishes a statutory right of non-discrimination for disabled people in the provision of
recreation opportunities. Under this Act, a disability is defined as “a physical or mental impairment which
has a substantial or long term effect on ability to carry out normal day to day activities.” Discrimination occurs
where practices, policies or procedures are in place which make it unreasonably difficult for disabled
people to use the services or facilities provided to other members of the public. Discriminatory
treatment is, however, justifiable on grounds of health and safety, excessive costs or where provision
would be at the expense of other users. This strengthens the emphasis of the Environment Act 1995’s
duty to consider the needs of chronically sick and disabled people when undertaking its general
recreation duty.
3.
The Rights of Way Act 1990
This Act requires landowners to acknowledge and keep open rights of way. It amended and
strengthened the Highways Act 1980 and introduced offences relating to the unlawful disturbance or
blocking of definitive routes.
4.
The Occupiers Liability Act 1957
This Act imposes a duty of care upon the Agency towards visitors who have been invited or permitted
to be on Agency owned land. Where access is invited or permitted, reasonable care must be taken to
ensure that there are no hidden dangers which the public could not be expected to recognise.
5.
Memoranda of Understanding
Following a recommendation within the Government white paper, Rural England, that the Agency
should work with others to develop access links alongside rivers, linking urban and rural communities,
several memoranda of understanding have been signed. Most notable of these has been between
Countryside Agency, Sport England and the Agency, Sustrans and the Agency and British Waterways
and the Agency.
3.4.1 Nature Conservation (Does regulation of the activity already provide for the integration of nature
conservation interests? (Included to provide details of what measures already exist to incorporate safeguards for
conservation into current working practices).
When dealing with proposals relating to its functions, the Agency is required to further or, in the case
of the pollution control function, have regard to, the conservation and enhancement of natural beauty
and the conservation of flora, fauna and features of special interest. These are likely to have an
indirect effect on recreation.
3.5 Other management
3.5.1 Is your organisation developing any plans/initiatives/codes of conduct in relation to the
activity? (please give details & web site reference if available).
Yes, For England: Environment Agency (2006) A better place to play: Our strategy for water-based
recreation (2006 – 2011):
Working with the University of Brighton and other partners, we are launching regional strategic plans
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for water based sport and recreation in England and Wales. They will encourage organisations to
provide for water based recreation, and encourage people to take part too - in activities like canoeing,
sailing, rowing and surfing.
Specifically for the South West covering the Severn Estuary: Enjoying water in the South West: A
strategy for water-based recreation in the South West (2009 – 2014) - Enjoying Water gives advice to
local authorities, helping them to identify under used areas when planning new recreation facilities and
can be downloaded for free from the EA website:
www.environment-agency.gov.uk
For Wales: A better place to play in Wales: Our strategy for water-based recreation in Wales (2008 –
2012). The strategy explains how to use the waters safely and responsibly in a way that won't damage
the environment and recognises the rights of fellow users. Environment Agency Wales hopes the new
strategy will provide more opportunities for everyone to experience a wide variety of water activities,
leading to a healthier lifestyle and a healthier environment.
The strategy document can be down loaded from the EA Wales website:
www.environment-agency.wales.gov.uk
3.5.2 Are you aware of any other plans/initiatives in relation to the management of the
activity (please give web site reference if available)
Waterway Regeneration Initiatives
Urban Green Spaces Initiatives
3.5.3 Outline any other known management of the activity (e.g. recreational clubs, voluntary groups).
Information on British Waterways navigations can be found on their website:
www.britishwaterways.co.uk
Local Authorities should have information on Public Rights of Way or the Institute of Public Rights
of Way Officers website: www.iprow.co.uk. The Countryside Agency also has information on Public
Rights of Way: www.countryside.gov.uk
The Ramblers' Association
Britain's leading walking organisation aims to provide detailed information and advice on all aspects of
walking for recreational purposes. The comprehensive website provides in-depth geographical and
health and safety information, in addition to policy-making issues and purely leisure and recreational
matters.
4. Current information
4.1 Monitoring/research (Are you undertaking any current monitoring/research of the activity?)
No
4.2 Why is it carried out?
4.3 Please list any research/monitoring reports and their format (e.g. paper, GIS, please give web site
reference if available)
4.4 Are you aware of anyone else who carries out monitoring/research of the activity?
No
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