If I can add to Dave's comments and the previous: there isn?t any "open/closed season" at Draethen. It is currently closed to explorers until we complete negotiations with NRW to open it on agreed terms.
The Draethen Mines are owned by the Welsh Government (i.e. former Forestry Commission Wales) which was a government body but is now a component of the super-quango called Natural Resources Wales (NRW). The forestry byelaws apply to mines in forests generally, and this means the public is not allowed into them without explicit permission.
But people have been in Draethen mines for years on an ad hoc basis, probably unaware of the need to get permission. There are lots of used cyalume sticks. We found a pair of jeans and Calvin Klein underpants and trainers in a side passage deep into the mine. Goodness knows why they are there. There?s lots of yellow arrows painted on the walls and cairns to mark the way out. None of that sounds like experienced cavers to me as they never lose their pants, but if cavers were amongst these visitors, then all I can do is ask they don?t visit the mines while we continue to try to establish an explorer access protocol with NRW, and once that is in place then to obtain legal access through CAL.
I can only speak for Cave Access Ltd (CAL) which has contracts since March 2015 to provide explorers with access, now at 11 sites, one of which is Draethen mines. The CAL directors, myself included, have a clear right under this contract to access the properties (mines) ourselves. We can also allow our Nominees, who are BCA CIMs/DIMs or a foreign equivalent, or Outdoor Education leaders to have access.
There are pages and pages of caveats in the contracts, one of which is to comply with any Site Specific Restrictions (SSR). These have proved to be a problem only at the Draethen mines site, so I will quote the Draethen SSR from the CAL contract in full here:
?This is a known lesser horseshoe roost/hibernation site. The Licensee (i.e. CAL) shall provide the Licensor (i.e. NRW) with a management plan for approval prior to accessing the site. This is also an area of increased ecological interest and the Licensee shall liaise and maintain regular contact with the Licensor in relation to its use?.
From CAL?s point of view, we have complied with the spirit and letter of the SSR by running a research project involving Dr Peter Smith who is a professional bat consultant, John Stevens who is an experienced surveyor, and myself representing CAL. NRW's land agent authorised our visits in January, March and June 2016. We provided NRW with reports and proposed a management plan which was for a seasonal explorer access system for May-September periods.
The land agent has been our point of contact in NRW and supportive of our project, and he passed our reports to NRW Species Team colleagues to consider. The problem is that their Species Team have just sat on our reports ever since, and not even acknowledged receiving them, let alone commented on or accepted our ideas. To put it politely, this behaviour towards a contract counter-party by some in NRW is far from normal business practice.
NRW's description of the Draethen situation quoted above is not quite right, so I am now going to correct it. The big mine has a relatively large population of Greater Horseshoe bats, not Lesser Horseshoes. Many of these rare bats roost in summer in buildings nearby but some travel much further afield. We saw 60+ GH bats in the big mine in January, far fewer in March, and none in June this year, during our day-time visits. So a summer-only day-time mine access system is perfectly practical in terms of species conservation, but it is understandable that some staff in NRW remain nervous.
So I would ask that explorers stay away from the mines until we have exhausted all attempts to resolve the access situation. In the end, CAL may simply have to remove the Draethen Mines from the contract site list if NRW will not engage in any discussion. It would then revert to the status quo ante where nobody informs potential visitors about species protection matters, and visitors may then be unaware that their visits lack the formal permission that is needed and they could also cause bat disturbance at certain times of the year.
Apologies for the length of this posting, but I want to encourage responsible behaviour by appealing to people?s better judgement through knowing the facts, which is the win-win situation for both cavers and NRW that CAL?s partnership approach to managing access was designed to deliver.
Stuart (with CAL hat on)