Access & Conservation
Nature Conservation Act
Climbers and Birds (Again)
By Mike Dales & Kevin Howett
The Nature Conservation (Scotland) Act 2004 was passed on May 5th with Royal Assent granted in June. Scotland will then have much stronger laws to protect its wildlife and special habitats. This new legislation brings Scotland in line with England concerning two key points:
Firstly, egg collectors and rogue gamekeepers will face tougher penalties for their crimes against Scottish wildlife, ending the perception that Scotland is a soft touch for handing out small fines for disgusting crimes. There will now be custodial sentences and heavy fines for wildlife crimes committed north of the border, and the result should be a vast reduction in the cruelty that has gone on in the past, and we, the people who gain healthy enjoyment from the Scottish countryside, should notice and welcome the increased abundance of wildlife.
Secondly, a favourite way for criminals to get off with a lighter sentence used to be to say they had not intended to kill the protected species, or they thought the buzzard was a crow when they fired the shot. This made it difficult for the police to prove that the crime had been “intentional”. The new legislation contains penalties for the offence of “recklessness”, so that even when the criminal act was not intentional, the reckless killing or disturbance of a species will still be a punishable crime. Once again, this will provide much firmer protection for our wildlife and should result in a more effective deterrent.
The reckless disturbance clause is one that walkers and climbers need to be aware of, because we could potentially fall foul of it. In 2001, we reported how two climbers had been arrested and charged with the offence of intentionally disturbing nesting peregrine falcons. The case against them folded as the prosecution had not proven ‘intent’, but the Sheriff indicated he felt that changes to the law in Scotland to include reckless disturbance would have serious consequences for climbers. We put forward our concerns in a meeting with the Scottish Executive Countryside and Natural Heritage Unit that climbers ignorant of bird behaviour could become inadvertently regarded as criminals for disturbance they did not realise was happening.
Subsequently we have made detailed submissions to the Executive during consultation on the Bill and gained assurances that those taking recreation are not the intended focus of that clause in the new Act. We were able to gain assurances regarding the interpretation of the word ‘reckless’, but there is still scope for being found reckless if upon disturbing a nesting bird, your continued climbing activity is to the detriment of those birds, although it has been recognised in Parliament that escaping such a situation may take some time by climbing out or abseiling, and the fastest and safest procedure may vary.
So, along with the safety and other mountain awareness skills that we acquire, a wildlife awareness skill is of great importance and will enable us to back off or take other avoiding action when we become aware that we are causing accidental disturbance. The advice we gave in The Scottish Mountaineer 16 (February 2003 pp.6-8), and on our website, provides our guidance on the precautions to take when walking and climbing during the bird nesting season.
“walkers and climbers need to be aware”
“assurances regarding the interpretation of the word ‘reckless’
“along with the safety and other mountain awareness skills, a wildlife awareness skill is of great importance”
Kilfinnan Parking
By Mike Dales
A misunderstanding between hillwalkers and a Highland farmer looks set to be resolved following a meeting between Highland Council’s Access Officer and the owner of Kilfinnan Farm near Loch Lochy. The MCofS has welcomed the news and hope that the clarification of car-park charging arrangements in the vicinity of Kilfinnan Farm will lead to an end to the arguments that have taken place over the past few years.
Kilfinnan is a popular starting point for hillwalkers heading for the Munros Sron a’ Choire Ghairbh and Meall na Teanga, and the Corbett Ben Tee. Many walkers park their cars around Kilfinnan, and the introduction of a car parking charge was seen by many as an unofficial attempt to gain payment for parking on local authority maintained grass verges.
Over the last two years we had more letters and e-mails about this car park charge than any other access problem across Scotland and after MCofS passed on these complaints and our own concerns, Highland Council has now notified the farmer that he can only charge for parking beyond the bridge over the Kilfinnan Burn, as that is the end of the public road, or if a car is more than 5 metres from the public road. Signposts should now inform visitors when they are within the charged parking area, so the previous uncertainty over the extent of the charged parking area should be resolved. We wish to hear from any walkers that park near Kilfinnan in the future and will monitor the operation of the new arrangement.
Scottish Outdoor Access Code Passed by Parliament
By Mike Dales
Another vital step was taken towards implementing the Statutory Access Rights in the Land Reform (Scotland) Act when the final version of the Scottish Outdoor Access Code was passed in Parliament before the summer recess.
The Justice 1 Committee considered the Code on June 30th and took evidence from Deputy Minister for Rural Development, Allan Wilson. At the end of the meeting the committee passed the Code and the very next day it went to the full chamber and received final approval. This enables Scottish Natural Heritage to put a programme of public education in place, and the significance of the Code being passed before summer recess is that this programme is likely to be ready by the end of this year and we should be looking at the Statutory Rights and Code being enacted before the end of 2004. Sometime in November or December is our current estimation.
Before going to the Justice 1 Committee, the Scottish Executive made a number of changes to the version of the Code that SNH had presented to them. In our view the Executive’s changes were for the better and we feel that they cleared up a number of weaknesses in the previous wording. Of particular interest is the amended wording in the advice about Wild Camping. This had previously advised against camping on enclosed land, but following our correspondence with the Executive in which we pointed out that this was open to misinterpretation, the guidance was altered to clarify that you should not camp in enclosed fields of crops or farm animals.
We will continue to update members with news of the timetable as implementation of the Statutory Rights and Code draws closer.
Network Rail misses the Train
By Mike Dales
The biggest disappointment with the Scottish Outdoor Access Code (separate story) is the lack of advice on crossing railway lines. This has happened because Network Rail, the engineering company formed to revitalise Britain’s railway infrastructure, is denying the public right to cross a railway line.
We find this incredibly disappointing given the intentions of the Land Reform (Scotland) Act and the tradition of crossing railway lines, especially rural lines, for recreational access in Scotland. In carrying out our research to brief MSPs on the Parliamentary Justice 1 committee we discovered that the A9 around Drumochter carries a 7-day average of nearly 8,000 vehicles per day, and pedestrians are capable of safely crossing the road as we all know. In comparison the Perth to Inverness railway line, which runs parallel to the A9, carries about 20 trains per day, and yet Network Rail are questioning our traditional right to cross that line and have installed blue signs with the words: “Private level crossing Authorised users only” at all the level crossings used by those taking recreational access.
The MCofS and Network Rail have different interpretations of the intentions of the Land Reform (Scotland) Act and the affect that other Acts have upon our rights to cross a railway line. This leads to us having a different interpretation on the meaning and credibility of their blue signs. In order to attempt to resolve the current difficulties an MCofS delegation will be meeting with Network Rail in September.
The Scottish Outdoor Access Code is a good document that provides a lot of clear guidance, and an opportunity has been missed to extend that guidance to crossing railway lines. People cross railway lines, it is as simple as that, and they will continue to do so, even if Network Rail employ bouncers, so it is best to provide guidance rather than denying the blatantly obvious. I once stayed in a Canadian youth hostel (the country where trains can be a mile long), where you had to cross a railway line to get from the car park to the hostel. The sign on the crossing gave about three lines of advice including one that might not have been obvious: “Remember that snow absorbs sound”. Simple advice that makes you think, and encourages you to keep thinking. Our Code could have done that, but Network Rail missed the train!
MCofS Access Symposium
Working with Local Access Forums
Queen’s Hall, Charlestown, by Limekilns, Fife
Saturday 6th November
10.00 to 4.00
- Working with other recreational users
- Working with Local Communities
- Training of mountaineering and climbing representatives
- Every local and National Park Authority in Scotland will have at least one Forum (most tend to have at least one crag!!)
- Who will represent you?
Speakers from Scottish Natural Heritage, Scottish Canoe Association, Perth and Kinross Local Access Forum and John Muir Trust.
Cost (including drinks and lunch) £5. Unwaged £3.
Ullapool to Beauly Pylons?
By Mike Dales
We carried news in the last edition of The Scottish Mountaineer of a Scottish and Southern Energy (SSE) consultation into the proposed upgrading of the Beauly to Denny power line from 132KV to 400KV. After the consultation had closed we became aware that there was another proposal for an Ullapool to Beauly line that would appear to have been held back for later announcement, but residents of the Ullapool area managed to extract the information forcing SSE to go public with the details. The Ullapool to Beauly proposals stem from the proposed Lewis wind farms, the energy from which would need to be transported to Beauly to be fed into the National Grid.
A public meeting was held in Ullapool on May 20th, and Mike Dales was there to represent the MCofS. The response from local residents was very much against the proposed line of pylons that would come ashore at Ardmair Bay, run along the east side of Strath More, alongside the A835 through the Dirrie More and by Loch Glascarnoch, which would impact on the classic views west towards An Teallach (the view indicated in the accompanying photo), and then cut south through Corriemollie Forest to the existing line at Loch Luichart. It was interesting to note the sense of pride that Ullapool residents had in the local landscape, and the connection they recognised between that landscape and the local economy, which so many small businesses are reliant upon.
The MCofS is concerned about this threat to a unique part of Scotland’s Highland landscape. We believe that proposals like this are being considered at a time when there is no coherent strategy for energy production and transmission. There is widespread opposition on Lewis to the Lewis wind farm proposals, uncertainties within Westminster over the future of nuclear energy, strategic decisions to be taken on possible marine technologies that might take energy production, and therefore transmission lines, into other geographic areas, and different priorities and ideas within the main UK parties contesting the next General Election.
At a time when there is massive resistance to onshore wind farms and serious questions about the efficiency of the technology, it seems reckless to be rushing into a plan that would create such monumental damage on our finest landscapes before we have completed the debate, agreed the strategy and coordinated our energy production and transmission plans for the next 50 years or so.
Hillphones Service –
The First 101 with a Phone
The red deer stag stalking season is upon us once again and along with it the usual reminder to consider how and when to communicate with land managers before heading for the hills. As in previous years the simplest means of finding out where stalking is taking place is to call the Hillphones service when planning to walk or climb in one of the areas covered by Hillphones.
Now into its 9th season, Hillphones has expanded again this year to cover a 17th area. The new Hillphone is Glen Strathfarrar, and the amount of high ground this area brings to the scheme means that there are now an impressive 101 Munros within the Hillphones scheme.
A 2004 Hillphones leaflet is enclosed with this copy of The Scottish Mountaineer, which we would recommend keeping in an obvious place for the next 3 months.
Another point to note if you still have a leaflet from a previous year is that the Grey Corries / Mamore phone number has changed this year.
