THE NERC ACT 2006

At the end of March 2006 the Natural Environment & Rural Communities Act 2006 (NERC) came into being.

As users of Rights of Way we all need to be aware of exactly how this affects us and the short explanation below is how the Green Lane Association (GLASS) view the effects of this new legislation:

1. BOATs are not affected, except for those in National Parks.
2. ORPAs/UUCRs not affected, except for those in National Parks.
3. RUPPs have now become Restricted Byways - it is an offence to drive
4. Dual-status, RT roads and Lost roads – it is an offence to drive

In the case of 3 and 4 above if there is overwhelming evidence of MPV (motor propelled vehicle) use over the past 5 years then MPV use may be maintained, however the onus of proof lies with the user.  It would seem that there is likely to be an awful lot of activity in the courts!

In the case of 1 & 2 above, National Park Authorities now have the right to apply TROs (Temporary Restriction Orders) to close routes to MPVs.  Routes that are included on the local highways ‘list of streets’ are still useable by MPV’s.

The new provisions actually started in England on 2nd May 2006.

For Wales the new restrictions were bought into effect on 16^th November 2006.

The impact on the legitimate green laner is to take away half of the routes they have used peacefully for decades, concentrating use on what BOATs, ORPA’s, and UUCR’s  are left, inevitably leading to further issues.

The impact on the hooligan element is ... zero - they will continue to drive 4x4s  and motorbikes along bridleways and across open moor.  

In the short term, the advice from GLASS is to record all usage of lanes as the user evidence will become critical in the coming months and years.  Equally important is to drive with care and respect for both the environment and other users and remember it is the actions of the mindless few that has cost us 60% of our lanes.

The view of DEFRA is that, “we have delivered our commitment to curtail the inappropriate use of byways by motor vehicles by putting an end to claims for motor vehicle access on the basis of historical use by horse-drawn vehicles.  Some of the worst damage is happening in our national parks, which is why we have given National Park Authorities the power to make traffic regulation orders”.  

Other effects of the Act

The Act set up Natural England as a new body to champion the cause for the natural environment. Natural England has been formed by bringing together English Nature (EN), the landscape, access and recreation elements of the Countryside Agency (CA) and the environmental land management functions of the Rural Development Service (RDS).                                                                                                                             It also established the Commission for Rural Communities, which is to be a national rural adviser, advocate and watchdog, charged with ensuring Government policies are making a real difference on the ground in tackling rural disadvantage."

Natural England and the Commission for Rural Communities were formally established on 1 October 2006. English Nature and the Countryside Agency were formally wound up on the same date.