Environment Agency update on the River Crane pollution

River life along a seven mile stretch of a tributary of the River Thames has been wiped out following a major pollution incident, the Environment Agency confirmed today.
An estimated 3,000 fish have been killed so far following a pollution incident on the River Crane and the Duke of Northumberlands near Twickenham on Saturday. Environment officers at the scene are continuing to assess the full impact of the incident on other river life. Among the species of fish killed are mature pike, eel and perch.
The Environment Agency has launched a full investigation which could lead to a prosecution, following the incident in West London.
Environment Agency Officers have been working around the clock with Thames Water to try to minimise any further environmental damage, taking water samples, monitoring levels of dissolved oxygen and ammonia in the river. Officers are also working to clear dead fish from the water.
The sewage has now been recorded entering the River Thames, at this stage it has not caused any significant impact, however, Environment Agency Officers are closely monitoring the situation.
Environment Agency Area Manager Julia Simpson said: “This is the most serious incident we have had on a tributary of the River Thames for several years. We worked around the clock to try and minimise the environmental damage from this incident, but today it is clear that stretch of the tributaries have been devastated. Our officers are out by the river today helping Thames Water with the clearing of dead fish from the river.
"We have launched a full investigation into this devastating pollution which has caused the death of approximately 3000 fish on seven miles of river.
"We are still advising people to keep themselves and their pets out of the water until the incident is resolved.”
Ends
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Thames Water pledges to ‘repair’ polluted River Crane

Thames Water have today issued a statement promising to 'repair' the River Crane in West London that has been devastated by raw sewage.
Local groups including the Thames Anglers Conservancy have been invited along for a meeting to discuss the environmental impact of the pollution.
TAC members are furious that a Thames tributary was sacrificed in such a manner and will be seeking answers from Thames Water and the EA how this was allowed to happen. The Environment Agency teams are assessing the full extent of the damage and continuing the clean up operation.
Thames Water Statement

Company pledges to repair River Crane sewage spill damage

Thames Water today pledged to help put right the environmental damage caused by sewage spilling into the River Crane when a sluice gate jammed closed in a major sewer serving Heathrow Airport.

Chief executive Martin Baggs said the company was "committed to put things right over the long term." The six-tonne, cast-iron penstock, used for controlling flows, jammed closed on Saturday afternoon in a trunk sewer at Cranford Bridge on the A4 Bath Road while engineers carried out routine maintenance. Attempts to re-open the sluice gate were not successful until 8am on Monday, when engineers used a custom-made lifting device to force open the jammed penstock.

Although engineers were able to take a lot of the backed-up sewage away in tanker lorries for treatment, the volume of sewage was such that they were not able to tanker all of it. Faced with the unpalatable choice of letting the remaining sewage back up into the airport or spill to the River Crane, the company was forced to opt for the latter.

From Sunday afternoon until 3am on Monday sewage spilled intermittently to the river.

"The Crane has been much improved as an urban wildlife habitat and an attractive natural resource for the community in recent years mainly thanks to hard work of local volunteers, who are understandably upset to see their river suffer major environmental damage over much of its length," said Mr Baggs.

"We deeply regret this incident and we are committed to put things right over the long term.

"We will start that process by meeting this week with representatives from FORCE (Friend of the River Crane Environment), London Wildlife Trust, local anglers and the Environment Agency, so we can fully understand the extent of the damage, and what needs to be done to repair it."


TAC
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TAC part of ‘Thames Tunnel Now’ coalition

Major environmental charities and amenity groups representing over 5 million people have come together in a unique coalition in support of proposals to construct the Thames Tunnel to end the scandal of 39 million tonnes of untreated sewage which enters the capital’s river every year. Please see below the joint statement agreed by the Thames Tunnel Now partners, including RSPB, WWF-UK, Thames21, Angling Trust and London Wildlife Trust.

Support the Thames Tunnel Now!

A coalition of national and local organisations has called for MPs and local councils to support the construction of a new tunnel under the Thames which will stop tens of millions of tonnes of sewage overflowing into London’s river each year. The tunnel proposal, which is the result of more than ten years of exhaustive research and development by Thames Water and the Environment Agency, is the only viable solution to dealing with “London’s dirty secret”: when as little as 2mm of rain falls in the capital, the sewers overflow into the river.

David Walliams fell ill recently while swimming the length of the river as a result of swallowing river water. Thousands of people use the river for rowing, angling, sailing and canoeing. Many walkers and cyclists use the towpath, and adults and children go on to the foreshore where sewage is deposited. Many thousands more would be encouraged to make use of London’s greatest natural asset if it were not routinely polluted with sewage from London’s population which has grown from 2.5 million in 1865 when the sewers were built to 8 million today.

Sewage overflows in the summer are particularly damaging to wildlife in the river, which supports a wide range of freshwater and marine fish. The Thames has been described as a wildlife superhighway through the capital and is an important nursery area for millions bass and flounder – very important commercial and recreational angling fish species. Every time there is a major overflow of sewage, tens of thousands of these fish die, damaging the fragile eco-system.

It is a large scale problem which requires a large scale solution for the capital for at least the next 120 years. It will cost £3.6 billion, and will be paid for by Thames Water customers; each household will pay £60-65 extra a year, with bills starting to rise in 2013. Thames Water bills are currently among the lowest in the country and the new higher rates will still be lower than many other water companies’ in the UK. Construction of the tunnel will create 4,000 direct jobs and many more associated jobs as well as a clean and healthy tidal river which could support many thousands more employment opportunities in recreation, leisure and tourism industries of the future.

A spokesperson for the coalition said:
“It is completely unacceptable for people to be faced with raw sewage in one of the most sophisticated cities in the world, and for tens of thousands of fish to die from suffocation every time it rains heavily in the summer. Opponents of the scheme should ask themselves if they would like their child to go sailing or fishing among human faeces, sanitary towels and condoms, or if they would like a healthy river full of wildlife for millions of people to enjoy for generations to come. We call on the Thames Tunnel Now Coalition’s collective membership to encourage their MPs and London local authorities to support this pioneering project – which is the only real option for a clean Thames – today.”

The scheme faces opposition from a small but vocal group of local authorities who have raised concerns about the construction sites and other essential temporary infrastructure. As a result, they are likely to oppose the whole basis for the scheme during the second phase of a major public consultation process which will be launched on Friday 4th November, and threaten to create costly delays to the implementation of the scheme. Delay means continuing the harm heaped onto the capital’s environment.

The Thames Tunnel Now Coalition comprises: Angling Trust, Royal Society for the Protection of Birds, WWF-UK, London Wildlife Trust, Inland Waterways Association, Thames21, River Thames Society, Salmon & Trout Association, Thames Anglers Conservancy, Royal Yachting Association, Mammal Society, Marine Conservation Society, National Association of Boat Owners, Thames Rivers Restoration Trust, Barge Association. We fully expect many more organisations to join the coalition in the coming days and weeks.

Carlo Laurenzi OBE, Chief Executive of London Wildlife Trust, said
‘The Thames Tunnel is an important project for the long term health of the River Thames. At the moment untreated sewage overflows into the Thames regularly, as the Victorian sewerage system cannot cope with London’s current population. A less polluted river would create greatly improved conditions for a wide range of wildlife. We must all ensure the wider legacy of the Tunnel is one of ecological gain along its whole route. London Wildlife Trust calls for proper and creative mitigation in excess of any damage caused during the construction phase, for the benefit of both wildlife and local residents.' 

Rose Timlett, Freshwater Manager at WWF-UK said: “It’s really important that we work with local councils to install sustainable drainage systems (SuDS) alongside the Thames Tunnel to protect the natural environment and reduce the risk from flooding. But the scale of the problem is huge – at this stage it seems SuDS alone won’t deal with the sheer volume of waste water produced in London.”

Mark Lloyd, Chief Executive of the Angling Trust said: “I have been campaigning, in a number of roles, for nearly 20 years for action to stop the vast quantities of sewage flushing into the tidal Thames every time it rains. These sewage overflows kill huge numbers of freshwater and marine fish and are completely unacceptable. At last we have a chance to solve the problem, to create a fantastic fishery in the heart of London and along the Thames estuary and support fish stocks in the North Sea. Anglers must make their voice heard to ensure that this fantastic scheme goes ahead and we drown out the voices of those who would prefer to see millions of tons of harmful filth being dumped into the river if it means they don’t have to have a few years of construction works in their borough. There is no alternative to the Thames Tunnel, let’s get on with building it.”

David Harvey of the Thames Anglers Conservancy said: “The Thames Anglers Conservancy was formed on the basis of Anglers dedicated to protecting and improving the river Thames. Our core message from the very start was stopping the huge amounts of raw sewage entering the river each year. The summer of 2011 despite being one of the driest, has seen millions of tonnes of sewage enter the river and the worst devastation of all aquatic life in nearly a decade, leaving many areas devoid of life. The raw sewage not only kills the species in the river but is a severe health hazard to all recreational users. The Tunnel is a solution that has been agreed by successive governments, mayoral offices and experts in this field. The sight of dead fish floating next to human faeces, condoms and sanitary towels is something that should be unacceptable to all Londoners in the heart of our modern capital city. We needed to act many years ago, so urge everyone to support this solution and clean the river up once and for all. To do nothing is simply not an option.”

Debbie Leach, Chief Executive, Thames21 said: “The state of the river is shameful and Thames21 calls for fast, effective action. Caring for the river is a labour of love for thousands of Thames21 volunteers, and the River Thames should be London’s pride and joy. But increasingly frequently people are driven away by disgusting and abhorrent levels of sewage. Research has shown clearly that the Thames Tunnel is the best solution, and we need it delivered without delay.”

Peter Finch, Chairman of the River Society said: “The tidal reaches of the Thames are regularly polluted by the discharge of sewage. In modern Britain this is scandalous and the River Thames Society fully supports the building of a storage tunnel to intercept the overflows. This will benefit all Londoners, as we will have a much cleaner river and a healthier environment.”

Rob Oates, Director of Thames Rivers Restoration Trust said: “Without the Tideway Tunnel to clean up the mouth of Thames, none of its many tributary rivers in towns and countryside throughout the region will ever fully get to their best for people and nature.”

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Super-sewer aims to relieve strain

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River Crane Devastated by Raw Sewage

The River Crane in West London has been devastated by a massive sewage spill, wiping out thousands of fish.
A faulty valve at Heathrow left Thames Water with no option but to release an unspecified amount of sewage straight into the river.
A Thames water spokesperson said:

"A two-metre valve (penstock) in a major sewer serving Heathrow Airport jammed shut on Saturday afternoon at Cranford Bridge on the A4 Bath Road while engineers carried out routine maintenance.
 "Initial attempts to re-open the valve were unsuccessful but, using customer-made hydraulic lifting equipment overnight, our engineers were able to force open the jammed shutter this morning (Mon).
 "While we are able to take a lot of backed-up sewage away in tanker lorries for treatment and enlarge a contingency pipe to bypass the problematic shutter, the volume of sewage was such that we were not able to tanker all of it.
 "Faced with the unpalatable choice of letting the remaining sewage back up into the airport or spill to the River Crane, we were forced to opt for the latter, resulting in sewage entering the river and damaging wildlife, which we deeply regret.
 "We are working with all those affected by this problem and with the  Environment Agency, who are aware of our plan to tackle this problem as soon as possible.
 "Once normal flows resume, probably later this morning, some stronger than normal effluent will arrive at Mogden and this may cause elevated odour levels for a few hours, for which we wish to apologise in advance."
Volunteers from the Thames Anglers Conservancy took these pictures on Monday Morning


The Environment Agency have issued the following Statement:
Environment Agency officers will continue working today on a major sewage pollution incident which has left thousands of fish dead in West London.
An estimated 3000 fish are now dead in the River Crane, a tributary of the River Thames, after raw sewage began to discharge into the river on Saturday.  Environment Agency officers have been working round the clock to try and minimise any further environmental damage,, taking water samples and assessing the impact on fish.
 A silver command has been established to bring the situation under control as quickly as possible.
Environment Agency Area Manager Julia Simpson said: "This is a major incident and it appears that thousands of fish have been killed. Environment Agency officers have been working around the clock to minimise any further impact this incident has on the environment. We will be overseeing the clean up and have launched a full investigation.
"We advise people to keep themselves and their pets out of the water until the incident is resolved."

 


TAC

 

All images on www.rivertac.org are copyright of the Thames Anglers Conservancy
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A summer of Sewage and why London needs the Thames Tunnel Now

The summer of 2011 has been one of the worst in recent memory for the devastating sewage discharges into the Tidal Thames.
Figures obtained by the Thames Anglers Conservancy reveal that the Western Tideway has seen in excess of five million tonnes of sewage enter river since the start of June alone. The figure is only for the monitored Combined Sewage Overflows but gives a clear indicator of just how severe the problem is. Thames Sewage is a health hazard to all river users, causes extreme damage to the ecology of the river and kills many species of fish and invertebrates, effecting all wildlife.
On the 6th June 2011 Thames Pollution caused one of the biggest fish kills in nearly a decade with thousands of fish dying in single incident. More than 400,000 tonnes of raw sewage was pumped into the Thames killing much within the natural food chain, no species were spared.
Images from 6th June 2011
Mature Bream
Bream floating next to human faeces
No species were spared
 

Dead Perch litter the shoreline

Many dead Flounder were found at Barnes in West London

 

 

TAC

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Taking Action To Tackle Poaching

The Angling Trust, angling's representative body, has launched a Seven Point Plan to tackle poaching and fish theft in English waters. There have been widespread reports of poaching and large numbers of fish being taken illegally by individuals and criminal gangs throughout the country.
1. Building Bridges
The Trust has appointed two members of staff to work with member clubs and fisheries to address illegal fishing in parts of the South West and the East of England. These pilot projects have sent messages to foreign national anglers in their own language to explain the rules of fishing in this country. Farmers employing foreign temporary workers are also being made aware of the problem and being asked to help combat it. Many of these anglers simply don't understand the rules. Once educated, they are prepared to catch and release their fish and can become active and committed members of clubs and good customers of commercial fisheries. More details on the building Bridges project along with anti-poaching posters can be found on our website HERE .
2. Crimestoppers
The Angling Trust has helped to fund and promote the Crimestoppers initiative (along with CEFAS, the Environment Agency and others) which provides a confidential freephone number 0800 555 111 for anglers, clubs and fisheries to report illegal fishing activity, thefts and illegal fish movements. Free posters are available for clubs and fisheries to help raise awareness of this number.
3. Legal Advice to Members
The Angling Trust's legal arm (Fish Legal) has provided a fact sheet for member clubs, fisheries and riparian owners about their legal position in the event of poaching or theft and what they should do if poaching occurs on their waters. Fish Legal members should call 01568 620447 to request a copy.
4. Advice to Police
Fish Legal has collaborated with the National Wildlife Crime Unit, a special police task force, to raise awareness of the offence of poaching within regional police forces. This move is in response to members raising concerns that responses by local police to reported instances of poaching have been unsatisfactory and as a result it is unclear who people should contact when poaching occurred.
5. Volunteer Bailiffs
The Angling Trust is working with the Environment Agency to develop a pilot scheme to recruit volunteers from angling clubs who can work alongside warranted officers from the EA to provide intelligence and check anglers' rod licences, so that the EA can focus its expert resources on tackling serious poachers and criminal activity.
6. Poacher Watch Website
The Trust is developing a website for anglers to report poaching, in a similar way to its Cormorant Watch site ( www.cormorantwatch.org ). Funding is being sought for this project from the angling trade.
7. Political Pressure
The Trust has raised the issue of enforcement of fisheries laws and byelaws at the highest levels of the Environment Agency and Marine Management Organisation. There are widespread concerns among anglers that the investigation and prosecution of poachers is decreasing, when the problem is increasing.
Mark Lloyd, Chief Executive of the Angling Trust and Fish Legal said: " Poaching is damaging to wild fisheries, to rural and urban businesses, to the rural economy and to the enjoyment of the millions of people who fish legally and pay their rod licence each year. Many poachers are involved with organised crime. We will be raising this issue with the Environment Minister Richard Benyon when we meet with him in October and at the England and Wales Fisheries Group. "
Will Rundle, Solicitor for the Angling Trust's legal arm (Fish Legal) said:
" The new information sheet, which we drafted in consultation with the NWCU for the Police, was sent out across the NWCU network of officers in England and Wales. It should mean less confusion for the police following evidence of poaching. Ultimately, we hope this initiative will lead to more prosecutions by local police forces responding more positively to reported incidents. We also hope that this will build confidence with anglers to report suspected offences in the knowledge that more will be done than perhaps was the case before. "
The Angling Trust offers the following advice to any angler or member of the public who witnesses illegal fishing, poaching or fish theft:
1. Do not approach the offender(s) yourself.
2. If you can do so without being seen, take a picture or video of the activity.
3. If you can do so without being seen, make a note of the number-plate of any vehicles involved. Most modern mobile phones have a camera or memo pad where you could record this if you don't have a pen and paper.
4. Poaching is an offence under the 1968Theft Act. Always report ALL poaching incidents to the Police and keep a record of what you report.
5. If you suspect poaching you should also contact the Environment Agency on 0800 80 70 60 and write down their incident number. Other offences such as fishing without a rod licence, illegal fishing methods, breach of local byelaws or damage to spawning grounds should also be reported to them.
6. If you have information about fish theft or illegal fish transfers, you can also contact Crimestoppers confidentially on 0800 555 111.
7. If the incident is on a private fishery, please also contact the owners or fishing club to inform them and phone the Police.
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Local water company prosecuted for breaches of abstraction licence

The Environment Agency has prosecuted (27 October) United Utilities Water Plc for 4 offences of failing to comply with the requirements of an abstraction licence.
The company pleaded guilty to all charges at West Allerdale Magistrates Court and was fined £32,000 and ordered to pay costs of £3,703.28
The Court heard that United Utilities has a licence authorising it to take water from Crummock Water, West Cumbria, which is used to provide drinking water for the Cockermouth and Workington area.  A requirement of this licence is that the company must discharge a uniform and continuous flow of water into the River Cocker downstream of its abstraction. This is intended to ensure that at all times the flow of water and river level is maintained to avoid harm in an environmentally sensitive location; the river is part of the River Derwent Site of Special Scientific Interest and Special Area of Conservation. 
 
On four occasions in June and July 2010, United Utilities failed to meet this requirement and the river level dropped.  Although there was no evidence of harm, the offences occurred during the 2010 drought and the reduction in flow had the potential to place the river ecology under additional stress.  At the time the company was trying to maximise the amount of water in the lake by controlling the discharge to the river close to the statutory requirement and reduce the likelihood of applying for a drought permit. However the company did not have an adequate system in place to monitor the flow effectively and also failed to respond to calls made by the Environment Agency’s Incident Communications Service advising of low river level alarms and the need to increase the discharge to the river.
In mitigation, United Utilities stated that on three of the four occasions, they had sent the required volume of water into the River Cocker, albeit not in a uniform and continuous flow. In sentencing, the court acknowledge that no environmental damage had been caused.
Speaking after the court case, Bill Darbyshire, North West Drought Manager, said, “Water is a precious resource and the Environment Agency  plays a key role in ensuring that public water supplies and other essential uses of water are maintained  without impact on the water environment.  United Utilities failure to ensure the river flow was maintained in the Cocker could have had a serious impact on aquatic life.  We seek to balance the needs of people and the environment through abstraction licence controls.. We also have drought plans for every region in England and Wales that set out how we manage access to water and the environment under drought conditions and we work with water companies to support the development and implementation of their own drought plans.”
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New Angling Platforms on the Thames at Penton Hook

Five new angling platforms will give anglers even better spots to fish thanks to the Environment Agency.
The new platforms, which are located along the River Thames at  Penton Hook Lock island in Staines will improve angling access to the river. The platforms will allow up to eight anglers to fish at any one time.
The Environment Agency worked with the Thames Anglers’ Conservancy – a group committed to promoting and protecting the Thames – to design the platforms, which took a total of two weeks to install. Members of the group will also carry out valuable volunteer work at the site, maintaining and improving habitat including the purpose-built fish spawning channel and advising on the location of the new platforms. Duncan Charman, professional angling guide and patron for the group was on hand to try out platforms and coach junior members.
Martin Salter and Matt Carter with TAC Volunteers
Martin Salter, former Reading West MP and Government spokesman on angling said: “Penton Hook weir stream is one of the places I learnt to fish over 40 years ago. It's great to see that it's a popular and productive fishery with good access and improved habitat”.
Matt Carter, Waterways Operation Manager at the Environment Agency, said: “'I'm delighted we've been able to provide improved access for anglers at one of the most popular sites on our weir“.
Duncan Charman and two young TAC members
However, anglers need to remember to purchase their Weir Angling Permits (additionally to the rod licence) which cost £28.50 for adults and £18.90 for Senior Citizens and Juniors (up to 14 years) and come with a ‘buddy card’ that allows you to take a friend fishing three times a year.
Buying a rod licence couldn’t be easier – there are around 15,000 Post Offices and other outlets which sell them direct. For a small additional charge they can also be purchased over the phone (0870 1662662) or from our web site – www.environment-agency.gov.uk/rodlicence any time, day or night.
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Angling Trust calls on British Canoe Union to Condemn Mass Trespass Protest

The representative body for anglers in England, the Angling Trust, wrote to the Chief Executive of the British Canoe Union (BCU) today demanding that his organisation condemns a planned illegal trespass protest on Saturday 22 October 2011 on the Hampshire Avon. The Angling Trust has also asked for public confirmation that no BCU staff will be involved in the protest, and that the BCU will make it clear to participants that they will not be covered by public liability insurance while participating in an activity which is not recognised by the National Governing Body for Canoeing.
The illegal trespass event could damage the fragile ecology of the Hampshire Avon, which is currently suffering from low flows. Gravel beds used for spawning by fish, and beds of Ranunculus fluitans (a water weed which is a vital habitat for invertebrates) could be damaged by large numbers of canoes passing through shallow water. The large, garish craft will also disturb the peace of the river and destroy anglers' enjoyment of their sport by scaring fish away. An angling match for 30 anglers is planned on the day of the protest and this will be ruined by the illegal trespass. The Hampshire Avon is one of the most iconic rivers in the country for both coarse and game angling. The organisers are claiming in their e-mail promotion see note 1 that the event is not a mass trespass, but merely an exercise of an ancient right of access. The law is clear: no such right exists see note 2 .
Mark Lloyd, Chief Executive of the Angling Trust said: " This trespass is irresponsible and dangerous and could do physical damage to sensitive habitats in a river already suffering from over-abstraction and diffuse pollution. We urge the BCU to advise its members to stay away and to adopt a new position on canoe access that is less confrontational and works with angling clubs and riparian owners to secure new access – with sensible restrictions – for the country's canoeists. Any sniff of support for this illegal protest would be highly irresponsible from a National Governing Body. We have contacted the police and have asked them to take action to arrest anyone participating in aggravated trespass. "
Stuart Wilson, the Riverkeeper employed by London Angling Association who have owned a stretch of the river since 1965, said: " Organising this event is completely unreasonable behaviour and will spoil the enjoyment of a group of anglers who pay a rod licence to fish and pay for a permit to fish at Britford. Their match has been organised for months and many will have travelled several hours to come and fish. They will be utterly disappointed if a group of canoeists who contribute nothing to the upkeep of the river come splashing through the river disturbing fish and other wildlife on an illegal process. They will spoil the fishing for the most of the rest of the morning. "
Stuart Wilson has experienced an increase in illegal canoeing over the past 3 years which is affecting the fishing and the presence of wildlife such as water voles.
 
1. A COPY OF THE TEXT OF THE E-MAIL WHICH WAS CIRCULATED:
Please forward this message to your club members or any other paddlers who you think might be interested. You are invited to join a paddle down the River Avon from Salisbury to
Fordingbridge on Saturday 22 October 2011. The background to this trip is to reconfirm the ancient Right of Navigation on the River Avon in the face of ongoing objections by vested interests.
However, this paddle is not intended to be a "mass protest" (or trespass across private land), but a positive demonstration of paddling as a legitimate activity on English and Welsh rivers. It's all about having a relaxing day out, in good company, and enjoying our natural environment. There is no formal organisation of this paddle, just turn up and paddle. More details (including route maps) on the Song Of The Paddle forum here: http://www.songofthepaddle.co.uk/forum/showthread.php?32172-Hampshire-Avon&highlight=avon
2. THE LAW OF NAVIGATION ON FRESHWATER IN ENGLAND AND WALES
The Angling Trust confirms its support for the Government's and the Environment Agency's clear position that the way forward for increased access for other waters users is by the creation of voluntary access arrangements. The Angling Trust is keen to promote voluntary access agreements on rivers at times and places where this is appropriate. It is not always appropriate that either angling or canoeing takes place on every day throughout the year.
The Trust does not advocate navigation or canoeing agreements on rivers:
i) Where there is potential for environmental damage to the river;
ii) On those small rivers where there is likely to be a significant risk of conflict between paddlers and anglers;
iii) On those where riparian owners, whose permission needs to be sought in law for access agreements, would suffer unreasonable interference with the enjoyment of their property.
The Angling Trust is very concerned that governing bodies of canoeing are frequently misstating the law on navigation on rivers in England and Wales and thereby encouraging conflict. This makes the commissioning of voluntary access agreements less likely or even impossible. However, this will not stop the Angling Trust continuing to promote access agreements as the way of increasing access for canoeists in line with Government and Environment Agency policy in both England and Wales.
The current position of the law is settled in that no general public right to navigate in non tidal
rivers exists in England and Wales. While the public has the right of navigation in tidal waters (e.g. Gann v Free Fishers of Whitstable (1865) 11 H.L.Cas; Blundell v Caterall (1821) 5B & Ald. 268), this depends on the presumption of the Crown's ownership of the land beneath the water. This presumption is rebuttable and there are some instances where the tidal riverbed is under private ownership.
The presumption of rights of navigation on tidal rivers contrasts with the very limited right on non-tidal rivers. The default position is that there is no such general right of navigation. Above the flow of tide the land beneath a river or stream is privately owned so that while the public can acquire navigational rights over such waters they cannot have them as of right. It has been held that rights of navigation on inland waterways are not analogous to rights of way on land (Wills' Trustees v Cairngorm Canoeing and Sailing School (1976) SLT 162 and AG
ex rel Yorkshire Derwent Trust and Malton Town Council v Brotherton [1992] 1 All ER 230).
Acquiring rights of navigation
Post-Wills Trustees, the public acquisition of a right to navigate on a non-tidal waterway cannot be based on the usual arguments used for "immemorial user" for rights of way on land. The basis of a public right of navigation in a non-tidal river should be treated as being in a legal class of its own. Of course, as is well recognised, a public right of navigation may also arise through statute. This is the most common way in which such rights arise.
No right for use of banks
Even in the situations where the public has a right of navigation in a non-tidal waterway (whether by grant, statute or immemorial user), this does not necessarily include the right to moor or to make use of the banks of the waterway in gaining access to or leaving the waterway. In A-G ex rel Yorkshire Derwent Trust and Malton Town Council v Brotherton [1992] 1 All ER 230, L Jauncy commented, obiter, that ". . .the public have no right to use the bed or banks of the river other than perhaps for anchoring in an emergency and for landing at a place where they are entitled so to do".
Therefore, to moor and access the river in such circumstances, canoeists would need the permission of the owner of the river bank to avoid to avoid trespassing.
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