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Statement from the Trustees of Pwll Du Cave Management Group

royfellows

Well-known member
A bit more legal stuff, (from Wiki):

An SAM can be: "A building or structure, cave or excavation which is above or below the surface of the land; or on / under the sea bed within UK territorial waters (or a site that contains the remains of one)."

An offense is committed by:

"Do any "works" which would demolish, damage, remove, repair, add or alter it (including agriculture, forestry, flooding and tipping) without previous permission from the Secretary of State or devolved equivalent, given through formal written "Scheduled Monument Consent""

Note the absence of the word "knowingly"

In my opinion though, I cannot see why a valid defense to any criminal charge could not be offered in that as it was 'dug' (if indeed it was) from below, and in view of the fact of the closeness of the SAM boundary, the alleged damage was done by accident. Note my comments in previous post.
 

nickwilliams

Well-known member
Jopo said:
Does anyone know of a country where one can just turn up and dig, or even prospect, for cave (or anything else) without permission or a licence from the landowner - beit land private or government owned?

Jopo

Yes, actually, I can think of several instances where this would apply, but none of them are relevant here. And you'd still have to pay the landowner a rights fee of some description even if he had no right to stop you digging.
 

alastairgott

Well-known member
Clearly the people who dug the entrance did not enter via the original draenan entrance, otherwise they would heed point 7 on the code of conduct and obtain permission for digging. clearly they did not. http://www.pdcmg.org.uk/begin.htm

A simple grade 3 survey would have given you an altitude, bearing and therefore a penetration point on the surface. The diggers (probably experienced) would have known this, and probably had the Grade 5 survey anyway.
But don't worry, the dimwits are probably out digging another entrance with their balaclavas on and baseball bats in hand, or if not bullying and abusing the new PDCMG secretary.
 

David Rose

Active member
I will ask my sister if she'll join the forum. She has said she'd like to do some more caving. 

Alastair, I think your reference to balaclavas and baseball bats is a little OTT. As for the survey: it's well known that there is no survey of Draenen easily available beyond an early grade 2 version, and I don't think there are any data available, so if the avens leading to the new entrance have been surveyed, it would not be easy to fix the position in relation to the rest of the system.
 

alastairgott

Well-known member
I assure you that Balaclavas and Baseball bats are the norm for these nitwits.

The ODR is marked clearly on the survey. no excuses.
 

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David Rose

Active member
What does this image show, Alastair? Is this from the grade 5 survey? Is it the part of the cave below the entrance? And where is the scheduled monument boundary? It doesn't make much sense as it is.
 

RobinGriffiths

Well-known member
MJenkinson said:
Does Draenan run under any land at all where the land owner might be willing to let you open a dig?

Ogof Mis Mel, which looks like it's on the Duke of Beaufort's land is is presumed by this website be be the continuation of St Giles Series.
http://www.cavinguk.co.uk/gallery/blaendyar.html
 

Jopo

Active member
nickwilliams said:
Jopo said:
Does anyone know of a country where one can just turn up and dig, or even prospect, for cave (or anything else) without permission or a licence from the landowner - beit land private or government owned?

Jopo

Yes, actually, I can think of several instances where this would apply, but none of them are relevant here. And you'd still have to pay the landowner a rights fee of some description even if he had no right to stop you digging.

You might be a bit more explicit Nick. Could tell a few where they can go.

I know there is sometimes a right to dig for certain minerals, including parts of the UK, but digging for cave?

The point was that some believe they can dig (for cave) wherever and whenever they like.

Jopo
 

pwhole

Well-known member
I was informed at a meeting with EH (now HE) a few years ago, regarding the status of James Hall Mine exploration (Castleton), that merely drilling a bolt into the wall was technically breaking the law, despite none of the workings being the object of the scheduling, which was for the abandoned surface works only, and which was applied after the original explorations had been completed. The Speedwell streamway meanders in and out of the scheduling zone far below, so you can dig on this bend, but not on that bend. We did gently point out that by us exploring and extending the 'monument', they were inevitably acquiring 'more' monument than they had to start with (despite their rejection of an inspection visit to see for themselves!), and should probably be grateful that we were willing to spend our own time and money doing their work for them. We left it at that. I was willing to put in an application for 'modification' to the monument, but was reliably informed that it would probably take years to process due to their lack of underground capabilities for monitoring their monument status.

As far as I know most landowners with underwater features (like a shipwreck) would be happy to accept a diver's inspection report, so why not a cave or mine explorer's?
 

royfellows

Well-known member
Yes, agree all but dont understand the "years to process"
My application to CADW for Cwmystwyth underground works was processed in weeks.

I do have to say that CMT and I have a very good working relationship with CADW and NRW (SSSI status)

 

Huge

Well-known member
David Rose said:
What does this image show, Alastair? Is this from the grade 5 survey? Is it the part of the cave below the entrance? And where is the scheduled monument boundary? It doesn't make much sense as it is.

Yes, it would have been more useful to show a section of the grade 5 survey further East, which shows the passage that the aven is in, as being directly below the dram road. Just had a look at my copy of the survey, which dates from September 1997.
 

alastairgott

Well-known member
Quite right, I guess, but also would have shown a likely place for the entrance to be, the screenshot merely showed that surface features were marked. (And perhaps, that obtaining a survey is not as difficult as has been stated, and so is no defence)
 

royfellows

Well-known member
It might be time for a reality check on the way that things currently stand.

We know that CADW has refered the matter to the police.
Normally, the police will investigate, gather and collate evidence, and if its felt that a criminal offence has been committed, will pass their files on to the CPS.
If the CPS feel that there is a realistic chance of obtaining a conviction, they will go ahead and prosecute, otherwise they will not proceed.
In this case I doubt that there is any evidence against anybody for anything, hence the police response.
 

pwhole

Well-known member
royfellows said:
Yes, agree all but dont understand the "years to process"
My application to CADW for Cwmystwyth underground works was processed in weeks.
I think it was as much to do with them needing to open another line of work for which they didn't really have staff or budget, and their only 'qualified' (i.e. with an underground interest) team member sadly died shortly afterwards, which sort of made things even more intractable. Our modifications were so slight to accomplish our project aims that it really wasn't worth us bothering them about it - we were only moving rocks from one place to another, the bolts were temporary protection, and we had permission from the landowner.
 

robjones

New member
Cambrian Mines Trust applications for scheduled monument consent in respect of proposed works in Level Fawr, Cwmystwyth, may have been assisted to a modest degree by me giving the relevant Cadw inspector an underground tour shortly prior to the first application being made. It really can help if relevant officials have physically visited the location and have discussed the proposed works whilst standing there. I appreciate that this will not always be possible due to training needs, risk assessments etc necessary to make such visits as part of their work (I think the Cadw inspector may have visited in their own time; I certainly did) but thought it worth explaining the Cwmystwyth circumstances here as it may partly inform the difference in response times.   
 

Huge

Well-known member
royfellows said:
It might be time for a reality check on the way that things currently stand.

We know that CADW has refered the matter to the police.
Normally, the police will investigate, gather and collate evidence, and if its felt that a criminal offence has been committed, will pass their files on to the CPS.
If the CPS feel that there is a realistic chance of obtaining a conviction, they will go ahead and prosecute, otherwise they will not proceed.
In this case I doubt that there is any evidence against anybody for anything, hence the police response.

I don't think anyone wants to see cavers prosecuted Roy, I hope no one does anyway.

The reality check is needed by anyone who thinks (or is suggesting it, to try to cover up for the people involved?) that the aven was climbed to try to find new passage at the top but instead there was an earth choke with roots, which was dug through out of curiosity, only for the cavers to find themselves on the dram road.

It's pretty obvious that the survey would have been checked and passages spotted that lay at a shallow depth below the surface but also below the dram road. The aven was climbed and connected to the surface to provide a shorter and easier route into the Dollimore's Series, further evidence of which is that at least three spots along that route have now been enlarged, not just the tightest bit of the Last Sandwich (as discussed on another thread about the enlargement of classic sporting squeezes). This follows on from the route to the end of a different but nearby system also being 'eased', which included a boulder being reduced to rubble, to remove a squeeze that had been part of the trip to the end since the 1970s. The new entrance was used for a year in relative secrecy (there is a video) until the chairman of the Cambrian Caving Council started posting a series of reports on Facebook of trips into the cave using this entrance, which seemed to be encouraging people to use it. These included surface photos of the entrance, making it reasonably easy to identify the location. Some people didn't seem to appreciate this publicity. The CCC and the BCA then further 'Bigged Up' the entrance via articles in their respective newsletters. Both articles were very positive about the entrance and both failed to mention any negative aspects that could cause problems down the line, such as it being potentially dangerous to passers-by and that it was dug into a scheduled monument without permission and against the known wishes of the landowner. Surely these potential problems were known to the authors of the articles, so why weren't they mentioned? The BCA article even tried to put down the original entrance by saying it is flood prone!? The last time I went through there was during the very heavy rain of Storm Brian. We got a bit wetter than usual!

This new entrance drops straight into the aven. If a walker or their dog were to fall into the entrance, they would fall to the bottom and then down a further drop into a large passage (or so I have been told). Work would need to be carried out to enable access to be maintained and to keep passers-by safe. That work would need permission. But since the entrance was opened up against the expressed wishes of the land owner and has altered a scheduled monument without permission being sought, then it's just not going to happen. It's probably best to just accept that there isn't going to be access to Draenen via this route.

Personally, I'm not against there being more than one entrance to Draenen but I don't want to see entrances opened up willy nilly. I don't understand the "You've got to open up entrances, don't you" argument. "Why?" "Well, it's just what cavers do, isn't it!" I don't think that the Nunnery entrance or Twll Du are well placed but that Drws Cefn is more acceptable. Of course, all these entrances were dug and connected into the cave, against the known wishes of the land owner. The more entrances to a cave, the greater the impact of cavers, the poorer the conservation. Maybe a cave the size of Draenen can handle 2 or even 3 entrances? But a lot of thought should to go into where entrances are sited. Discussion would need to happen between cavers and any decision made, one way or the other, would need to be respected by all. The obvious place for this kind of discussion is the management group but due to it's strange voting set up (probably done deliberately, knowing the sort of people they were going to have to deal with!), people don't feel they can get a fair hearing and so the group lacks respect, making it easy for the renegades to proclaim some sort of moral justification for their actions. If cavers decide among themselves that an entrance at a particular location would be desirable, then permissions can be sort. That's all a bit idealistic, I know, but climbers have bolting forums, where local activists decide on whether a particular crag or route should be bolted.

 

Rhys

Moderator
Regarding voting practices in PDCMG; I was under the impression that this had been sorted out a few years back so that it was fairer and now "one club rep one vote".
 

ChrisJC

Well-known member
NewStuff said:
BradW said:
ChrisJC said:
I'm OK with illegal acts as long as they are morally sound.

Chris.
Chris: Do you consider illegal damage to a Scheduled Ancient Monument, to be "morally sound"?

Depends entirely on the monument. Stonehenge? No, not even for Bouldering ;-)

A trackbed I suspect the rain and runoff will naturally do damage to on a regular basis? Yes.

I'm not fussed about condemning people as it was a layer of grass and roots pushed through, not major excavation or rock removal. If someone was running around with a few pounds of bang and making lots of gravel with it, you might actually have a point.

Exactly. Places like Stonehenge are well worth legal protection. But a far-from-unique tramway around a featureless hillside?, and somebody makes a hole within a few 10's of meters? I don't see a moral issue. My issue with more with the ever encroaching SSSI, AONB, etc etc. These people have to justify their existence so every year they apply their straitjacket to yet more sites.

In 10 years I won't even be able to dig my own potato patch without permission in triplicate from 15 different public bodies.

And good points made about the word ancient. It's misapplied in this case, and is widely misapplied when used with the word 'woodland'. But that's a whole other topic.

Chris.
 

Huge

Well-known member
Rhys said:
Regarding voting practices in PDCMG; I was under the impression that this had been sorted out a few years back so that it was fairer and now "one club rep one vote".

Apologies, if I got that bit wrong. If that is correct, then the PDCMG is now probably the most democratic ACB in the country.
 
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