Part 1Access rights
Chapter 1Nature and extent of access rights
C11Access rights
1
Everyone has the statutory rights established by this Part of this Act.
2
Those rights (in this Part of this Act called “access rights”) are—
a
the right to be, for any of the purposes set out in subsection (3) below, on land; and
b
the right to cross land.
3
The right set out in subsection (2)(a) above may be exercised only—
a
for recreational purposes;
b
for the purposes of carrying on a relevant educational activity; or
c
for the purposes of carrying on, commercially or for profit, an activity which the person exercising the right could carry on otherwise than commercially or for profit.
4
The reference—
a
in subsection (2)(a) above to being on land for any of the purposes set out in subsection (3) above is a reference to—
i
going into, passing over and remaining on it for any of those purposes and then leaving it; or
ii
any combination of those;
b
in subsection (2)(b) above to crossing land is a reference to going into it, passing over it and leaving it all for the purpose of getting from one place outside the land to another such place.
5
A “relevant educational activity” is, for the purposes of subsection (3) above, an activity which is carried on by a person for the purposes of—
a
furthering the person’s understanding of natural or cultural heritage; or
b
enabling or assisting other persons to further their understanding of natural or cultural heritage.
6
Access rights are exercisable above and below (as well as on) the surface of the land.
7
The land in respect of which access rights are exercisable is all land except that specified in or under section 6 below.