Hi.
The purpose of this is simple. Below is the guts of the Lake District National Park Authorities supposed legal grounds for denying access to the Caldbeck Fells for Mineral Collectors (and I suppose Mine Explorers). Now whatever the historical beef between the 2 groups on this site (and others) this is one time we can all put our heads together and have a go at these quasi-official control freaks.
I personally have asserted a claim for Prescriptive Right to collect on the Fells. Below is the response. I'm hoping that we can come up with as many arguments as possible to pick this woman's reply to pieces, so any addition to this forum would be welcome
Prescriptive right to collect minerals
Thank you for your email with regards to prescriptive rights at Caldbeck and Uldale Commons.
The Authority is of the view that the right to collect minerals on the Common are only exercisable as Rights of Common and not prescriptive rights. As Rights of Common, they would have to be registered to be exercisable and there is no provision for registration of such rights following the Commons Registration Act of 1965.
Prescription involves the law presuming a legal origin for activities which have been carried on for a long time without objection. Since 1970 it has not been possible to make a claim for a prescriptive right of common because use of the right must be presumed to have existed since time immemorial (deemed to be 1189) and had this been the position the Right of Common should have been registered before 31 July 1965.
With regard to the taking of minerals from the Common, the Authority introduced a permit system to protect the area after lengthy consultation and with the support of English Nature (now Natural England), the Dalemain Estate, the British Geological Survey, the Cumberland Geological Society, the Cumbria RIGS Group, the Russell Society, the British Micromount Society and other interested parties. This was put in place to ensure that uncontrolled collection of minerals on the Commons does not cause damage to the special assets of the area including its geology, minerals and archaeology. Anyone wishing to collect minerals should apply for a permit in accordance with the byelaws. Anyone found to be collecting minerals without such a permit may render themselves liable for prosecution under the byelaws by the National Park Authority.
Caldbeck Common is part of the Skiddaw Group Site of Special Scientific Interest (SSSI), notified for its mineralogy, stratigraphy, structural, igneous and Quaternary geology, as well as its wildlife interests. SSSIs are given legal protection against damaging activities undertaken by owners and occupiers of land within a SSSI, public bodies and any person. It is an offence to intentionally or recklessly damage or destroy any of the features of special
interest of an SSSI, or disturbing wildlife for which the site was notified. I understand that Natural England will be writing to you separately regarding this issue as they have concerns that the activities you are proposing may damage the geological interest features of the SSSI.
I trust this answers your queries.
Yours sincerely
Julie Wood
Solicitor
Legal Adviser to Lake District National Park Authority
Tel: 01539 792665
www.lake-district.gov.uk