I personally would be in favour, if it proves necessary, to change the CROW act to include caving alongside walking, climbing and other equivalent 'outdoor' activities. If such a change in the law did happen, this would no doubt not take effect immediately but be delayed to allow landowners/caving bodies/local authorities etc time to implement restrictions (allowed by the CROW act) for conservation reasons. I could be wrong but I think gates and leaders could continue - but only where proven to be justified?
Consider the following hypothetical situation though:
I choose a nice pretty Mendips cave on CROW land, currently leader-led and access controlled through the landowner. I write to the access body and demand the entrance is removed under CROW rights. They obviously tell me to get lost. I pick any lock, open the gate and enter the cave. Assume I have not damaged the gate in the process (so no criminal damage) but have 'opened' the cave.
Have I committed a crime/committed trespass? Can I be prevented (legally) from entering the cave? If the gate is beefed up and I go to court to have to removed as an obstruction, what happens?
In order to avoid this situation it is necessary to find out in court, once and for all, whether CROW applies to caving - only then can the appropriate protections for caves be put in place. Clarity of the _current_ situation would, I think, be to everyone's advantage.