Thursday, 8 January 2015
New proposed camping laws for the Trossachs national park
02:16 | 
Posted by
James Bayne Fishing Tackle in Callander |
TCC
response to Your Park consultation
We
need to respond to the following questions:
- Do you agree that over the next 5 years the NPA should invest in improving camping provision within the 3 proposed Management Zones?
- Do you agree with the proposed areas of opportunity for additional camping provision?
- Do you agree that these Byelaws should be introduced?
- Do you agree with the wording of the Byelaws? (text below)
- Do you agree with the proposed zones for the Byelaws?
Key
relevant maps:
Loch
Lomond & The Trossachs
National
Park Camping Management
Byelaws
General
The
Loch Lomond & The Trossachs National Park Authority, constituted
under the National Parks
(Scotland)
Act 2000 and the Loch Lomond and The Trossachs National Park
Authority Designation,
Transitional
and Consequential Provisions (Scotland) Order 2002, and having its
principal offices at
Carrochan,
Carrochan Road, Balloch, G83 8EG (“the Authority”), in exercise
of the powers conferred
upon
it by Paragraph 8 of Schedule 2 to the National Parks (Scotland) Act
2000 hereby makes the
following
byelaws:
Citation
and Application
(1)
These byelaws may be cited as The Loch Lomond & The Trossachs
National Park Camping
Management
Byelaws.
(2)
These byelaws shall apply between the dates of 1 March and 31 October
in each calendar year
(both
dates inclusive) to the following areas within the Loch Lomond &
The Trossachs National
Park
(“the Park”) (any such areas hereinafter referred to as
“Management
Zones”):
(a)
the area delineated in orange on plan 1 annexed hereto;
(b)
the area delineated in pink on plan 2 annexed hereto;
(c)
the area delineated in green on plan 3 annexed hereto;
(3)
Where the boundary of a Management
Zone is
a river or other body of water, the boundary shall
be
the shoreline
of
such river or other body of water and shall include the whole of any
piers,
jetties,
pontoons, bridges or dams extending therefrom.
(4)
Where the boundary of a Management
Zone is
a wall, fence, hedge or other such enclosure
it
shall be regarded as lying within the Management
Zone,
as the case may be.
Definitions
and Interpretations
(5)
In these byelaws, the following words, phrases and expressions are
printed in bold wherever they
appear
and they have the interpretation and meaning hereby assigned to them,
respectively:
(a)
“damage” means any damage within a Management
Zone,
including: death, injury or
disturbance
to or the taking of any wildlife;
or any damage
or
adverse effect whatsoever
to
any property;
(b)
“nuisance” means any unreasonable act or omission which causes or
is likely to cause
annoyance,
disturbance or damage;
(c)
“over-night” means the period from 7pm to 7am (or any part
thereof) on any day;
(d)
“property” includes land;
(e)
“public road” means a road which a roads
authority has
a duty to maintain, including:
any
way over which there is a public right of passage by whatever means
and whether
subject
to a toll or not: the road’s verge; any bridge or culvert, whether
permanent or
temporary,
over which the road passes; and any tunnel through which the road
passes,
and
a reference to a “road” includes a part thereof;
(f)
“roads authority” has the same meaning as in section 151(1) of
the Roads (Scotland) Act
1984;
(g)
“shelter” does not include an umbrella;
shoreline”
means the point at which a river or other body of water immediately
adjoins
land
within a Management
Zone;
(i)
“vehicle” means a mechanically-propelled vehicle or a vehicle
designed or adapted for
towing
by a mechanically-propelled vehicle;
(j)
“wildlife” means any species of animal or bird on or in a
Management
Zone and
any
species
of plant (including trees) growing in a Management
Zone;
and
(k)
“wood” includes any tree or part thereof, any log, sawn wood, and
any other item
consisting
or constituted wholly or mainly of wood.
Any
references in these byelaws to any gender shall be deemed to include
a reference to all
genders.
Any words following the terms “including” and “include” or
any similar expression shall be
construed
as illustrative and shall not limit the sense of the words,
description, definition, phrase
or
term preceding those terms. Any reference in these byelaws to the
singular shall be deemed
to
include the plural and vice versa. A reference to a statute,
statutory provision or subordinated
legislation
is a reference to it as it is in force for the time being taking
account of any amendment,
extension,
application or re-enactment and includes any subordinate legislation
for the time
being
in force made under it and any former statute or statutory provision
which it amends or reenacts.
Unauthorised
Camping
(6)
No persons shall:
(a)
set up, use or occupy a tent, wigwam or bivouac;
(b)
set up, use or occupy overnight a form of shelter;
or
(c)
sleep overnight outdoors or in a stationary vehicle
(unless
such vehicle
is
on a
public
road);
within
a Management
Zone unless
they have been authorised to do so by the Authority under
byelaw
14.
(7)
A new offence under byelaw 6 is deemed to have been committed for
each period of 24 hours
during
which any activity listed in byelaw 6 (a), (b) or (c) takes place in
a Management
Zone,
or any
person
or vehicle remains in, or returns to, a Management
Zone in
contravention of byelaw 6.
Nuisance,
Damage, Litter and Fires
(8)
No person shall without lawful authority cause, create or permit a
nuisance within a Management
Zone,
including parking a vehicle
causing
a nuisance
within
a Management
Zone.
(9)
No person shall without lawful authority cause damage
within
or to a Management
Zone or
any
part
thereof.
(10)
No person shall without lawful authority deposit or leave any litter
or waste on or in a
Management
Zone,
including: any hook, line, weight or other item of fishing tackle;
tents;
bedding;
cooking equipment; other item of camping equipment; or any other
waste (including for
the
avoidance of doubt animal or human waste) except within a bin
provided for that purpose.
(11)
No person shall without lawful authority:
(a)
light or cause a fire within a Management
Zone causing
damage
or
likely to cause
damage
to
a Management
Zone;
or
(b)
collect or use wood
from
within a Management
Zone that
causes damage
or
is likely to
cause
damage
to
a Management
Zone.
Provision
of Details
(12)
It shall be an offence under these byelaws for any person to refuse
to provide their correct full
name,
date and place of birth, address and the registration of any vehicle
to an officer of the
Authority,
a police officer or any other person authorised in writing by the
Authority who has
reasonable
grounds for believing that such person is committing, has committed
or is about to
commit
an offence under these byelaws.
Exemptions
and Authorisations
(13)
These byelaws shall not apply to areas within Management
Zones which
have been exempted
from
the application of any provision of these byelaws by the Authority
from time to time.
(14)
The Authority may authorise any person, group or organisation to
undertake or provide facilities
for
undertaking any activity within a Management
Zone which
would otherwise be prohibited by
byelaw
6 provided that such person, group or organisation has made a prior
application in writing
to
the Authority and has been authorised to undertake such activity
within that Management
Zone
by
the Authority. Any such authorisation so granted by the Authority
shall be in writing
and
shall specify the duration of and the terms and conditions which
apply to such authorisation
as
the Authority may in its sole discretion consider appropriate from
time to time. It shall be
an
offence under these byelaws to contravene any such terms or
conditions specified by the
Authority.
The Authority may revoke any such authorisation so granted at any
time if such person,
organisation
or group contravenes the terms or conditions subject to which the
authorisation has
been
granted by the Authority. Any authorisation granted under this byelaw
14 shall not remove
the
requirement to obtain separately the approval of any landowner, where
required.
(15)
These byelaws shall not apply to:
(a)
any landowner using land within a Management
Zone owned
by such landowner for any
of
the activities listed in these byelaws; or
(b)
the tenant under a lease of one year or more using land within a
Management
Zone
leased
or let to such tenant under such lease for any of the activities
listed in these
byelaws.
Removal
from a Management Zone
(16)
A person shall leave a Management
Zone,
together with their vehicle (if required) after having
been
requested to do so either by an officer of the Authority, a police
officer or any other person
authorised
in writing by the Authority having reasonable grounds for believing
that such person is
committing,
has committed or is about to commit an offence under these byelaws.
Penalties
and Offences
(17)
No person shall obstruct an officer of the Authority or any other
person authorised in writing by
the
Authority in the proper execution of their duties.
(18)
Any person who contravenes any of the foregoing byelaws shall be
guilty of an offence and shall
be
liable on summary conviction to a fine not exceeding Level 2 on the
Standard Scale in respect
of
each offence.
YOUR
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