First off, I don't want to cause a fight :-[!
Second, if the OP or anyone else feels we should link to a new thread, so be it.
Now, some thoughts.
In the dim and distant when land was "owned" (let's leave aside that potato!!) by the great and the good, we, the hoi polloi were kept at bay for fear of disturbing what ever pastime the GATG partook. As the years went by social and political pressure took hold and the GATG were either told to or voluntarily let the HP use the land for reasonable usage. This usually amounted to footpaths etc. We didn't apart from some exceptional circumstances, have freedom to roam.
As far as I'm aware and am concerned this affected cavers more often than other recreational users because cave entrances had a very nasty habit of turning up away from footpaths! Bad caves :spank:. But we wanted to go into these damp dark chambers of the underground. So what did we do? We went to the GATG and asked for various permissions to allow a very basic right to traipse across the land. This the GATG did confer onto us... and we were happy.
Until it came to a point where in the 21st century, cavers with transport, time and the equipment felt the urge to at a whim visit a particular cave system. Where once we would have all hopped onto the Chara' to visit which ever hole in the ground had been booked by the meets secretary for that particular day however many moons gone by, we now expect things somewhat differently.
So, it seems to me we find ourselves in a some what anachronistic situation! Walkers, climbers, dog walkers etc etc. can enjoy a freedom to roam on certain land without sticking to the footpaths. They can walk without obstruction to some of the very holes in the ground, we had to queue up for three months to have the same right conferred to us as cavers! And as far as the BCA/CNCC is concerned, this should remain so.
Why?
Well, what does CRoW actually say and more importantly, what doesn't it say? What it doesn't say is that any individual can walk wherever and whenever they like. There are still some restrictions. Some land below a certain height is not open access. Some land is Excepted land, which means during the consultation period for CRoW, the landowner legally placed restrictions on when open access occurred. We can't ride bikes either pedal or motor; or horse (unless arrangements are already in place), we can't camp or disturb the land in an undue way.
Basically this is what CRoW is about
* a new right of public access to mountain, moor, heath, down and registered common land;
* provision of effective safeguards to take account of the needs of landowners and managers and of other
interests, including wildlife;
* the right will not apply to developed land, gardens or to cultivated land;
* the right will be subject to sensible restrictions to avoid activities which might cause harm or damage;
* the right will not extend to cycling, horseriding or driving a vehicle;
* landowners' liability as occupiers will be reduced to a minimum;
* provision for landowners to close access land or otherwise restrict access without needing permission for up to 28 days each year;
* provision for further closures or restrictions to take account of the needs of conservation, land management, defence and national security, and safety;
* provision for possible extension of the right of access to coastal land, but only after public consultation;
* a power for landowners voluntarily to dedicate their land for access.
During the period of consultation some national governing bodies and pressure groups were very vocal. The British Mountaineering Council, The Ramblers Association etc were quick off the mark in stating their own cases. This I feel is where the major success of the Act have been won.
Caving seems to have lagged behind and relied on the time tested method of permit allocation run via the various regional bodies. Why is it that on, for e.g. the Allotment area of Ingleborough, open access land, closed seasons between March and October (six months - not 28 days, six months!) still exist under the terms? Now I'm no fool and neither I guess are the estate owners who must know caving goes on in this area during this closed season. How do I know this? The half dozen trip reports littering the web giving names and dates and from my various observations whilst walking in this area (on legitimate footpaths).
From doing some fairly random research on the web and some quick reading, various arguments for keeping the status quo are put forward. They range from caves being owned by the landowners in much the same way as the land is owned; that caving isn't by definition perhaps, an open air recreation; that if we push too hard landowners may not allow access to land to dig or to bolt or to explore. This would seem on the face of it reasonable and responsible. We don't want to shoot ourselves in the foot do we?
But why would pushing for what many feel is a legitimate right, be shooting ourselves in the foot? Looking at some points individually it can be argued that we shouldn't have anything to fear. As for ownership, it is indeed law that ownership extends to the very core of the Earth (think this snippet is in Judson's legal booklet). But then if access to overground use has been legitimised then surely access underground could be seen as coming under the same legitimacy. And what of caving not perhaps, being an open air recreation? I would dearly love to see a strident BCA stand firm in court and argue the case. It seems to me our history and involvement with other outdoor recreations would have too much weight behind it not to be classed as such. Access already exists to roam the land so why would a landowner fear for such a thing to happen by allowing another hole in the ground to be dug? Digging the hole doesn't mean a threat to access, CRoW states in many cases it exists legally already!
I think it's time the BCA and regional bodies responsibly and reasonably took the law to the landowners and re-negotiate new terms that fit in with what technically and legally is our right. We have for many years abided to the conditions placed upon us by the landowners. We have shown much responsibility and respect under the terms. I believe it is only right and proper that this past "good behaviour" be rewarded with some clearer and within the legal framework, better terms.
Where access is still granted to us, where rights do not exist, then we should indeed abide by the conditions. Where open access is granted to open air recreational users' we should be allowed free access. This current fudge can only lead to confusion and possible friction where a misreading of the law leads to trouble. Why should I as a caver stay away from the Allotment when walkers etc can wander freely? What if I were to go for a "walk" onto this moor clad in caving gear in mid July? Would this act be seen to the landowner as illegal? What then? The land is open access. Will they be bent on trying to close the moors to all (an unlikely winnable situation) or just policing for cavers? This present situation helps no one.
By not taking the lead, are the BCA not guilty of doing as the old BSA and only allowing access to certain permitted cave clubs at certain permitted time - is this any better than a secret handshake society? Read up about the Lancaster Hole saga. On the other hand do we want open access to the caves? Isn't a permit system a potential conservationists dream?
I'm not BCA or any other "body", bashing. What I don't want and what I seem to be reading elsewhere is the BCA etc putting forward a view that hasn't been established by wider consultation of it's members or landowners.
For my part I'll wander across open access land to embark on caving trips. I don't want to do this under some complicit nod and a wink terms where by the landowner isn't bothered or confused (yet?) and the BCA hasn't pushed for clarification. There are many questions that haven't been asked and the answers only being guessed at. :thumbsdown:
I'm going for a lie down now!!