The Nature Conservancy Council for England

Castle Eden Dene National Nature Reserve - Byelaws

 

The Nature Conservancy Council for England in exercise of the powers conferred upon them by Section 20 and 106 of the National Parks and Access to the Countryside Act 1949 and of all other powers enabling them in that behalf hereby make the following byelaws for the protection of the National Nature Reserve at Castle Eden Dene in the Parishes of Castle Eden, Peterlee, Monk Hesleden and Horden in the County of Durham.

 

1.         In these byelaws:

 

a.         ‘The Reserve’ shall mean the pieces or parcels of land containing in the whole 220.88 hectares or thereabouts and situate in the Parishes of Castle Eden, Peterlee, Monk Hesleden and Horden in the County of Durham declared to be managed as a National Nature Reserve by the Declaration dated the First day of July 1985 made by the Nature Conservancy Council in pursuance of Section 19 of the National Parks and Access to the Countryside Act 1949 and all other powers aforesaid, and the Reserve is for the purpose of identification shown as nearly as may be on the plan annexed to these byelaws and thereon shaded green;

 

b.         ‘The Council’ shall mean the Nature Conservancy Council for England; and

 

c.         ‘Firearms’ shall have the same meaning as in Section 57 of the Firearms Act 1968.

 

2.         Within the Reserve the following acts are hereby prohibited except insofar as they may be authorised by a permit issued by the Council in accordance with Byelaw 3 or are necessary for the proper execution of his duty by an officer of the Council or by any person, or servant of any person, employed or authorised by the Council:

 

Restriction of access

 

i.          Entering at any time any part of the Reserve other than along public rights of way (shown coloured orange on the plan) and such paths and rides as may be designated for public use (shown coloured orange (dashed) on the plan);

 

Damage to or disturbance of things in the Reserve

 

ii.         Spreading or using any net, or setting or using any lamp or other instrument or any snare or lure, for the taking, injury or destruction of any living creature;

 

iii.         Taking, molesting or intentionally disturbing, injuring or killing any living creature;

 

iv.        Taking or intentionally disturbing or destroying the eggs, larvae, pupae or other immature stages, or the place used for the shelter or protection of any living creature;

 

v.         Intentionally removing or displacing any tree, shrub, plant, fungus or part thereof, or any dead wood, or any unfashioned mineral thing including water;

 

vi.        Climbing or ascending any tree or climbing or placing a ladder or steps against any tree, rock climbing, abseiling or fixing any rope to any rock, tree or other object for the purpose of ascending or descending;

 

Bringing animals into the Reserve

 

vii.        Intentionally bringing, or permitting to be brought, into the Reserve any living creature, or the egg of any living creature, or any plant, or seed or other part of any such plant in such circumstances that it is likely that such creature or plant will reproduce or propagate itself, or such egg will hatch, or such seed will germinate;

 

viii.       Bringing into, or permitting to remain within, the Reserve any dog unless it is kept on a lead or any other animal unless is kept under proper control and is prevented from worrying or disturbing any animal or bird;

 

ix.        Turning out any animal or poultry to feed or graze;

 

x.         Bringing, or permitting to be brought, into the Reserve any horse, pony, donkey, goat or cattle;

 

Area of water

 

xi.        Committing any act which pollutes or is likely to cause pollution of any water;

 

xii.        Bathing or wading in any water in contravention of a notice exhibited beside that water by order of the Council;

 

xiii.       Mooring or leaving or launching any boat elsewhere than on a site indicated by a notice exhibited by the Council as being available for this purpose;

 

xiv.       Obstructing the flow of any drain or watercourse;

 

Use of vehicles

 

xv.       Driving, riding, propelling or leaving any mechanically propelled vehicle (include hovercraft) elsewhere than on a highway or a road, or in a place indicated by a notice as being available for the purpose;

 

xvi.       Launching or landing, except in case of emergency, any aircraft, including hang glider, motorised glider, or microlite craft;

 

xvii.      Operating any aircraft at such a height that persons on the ground or in buildings may be inconvenienced or annoyed;

 

Use of certain equipment

 

xviii.     Using any apparatus for the transmission, reception, reproduction, or amplification of sound, speech or images by electrical or mechanical means, except apparatus designed and used as an aid to defective hearing and apparatus used in a vehicle so as not to produce sound audible by a person outside the vehicle;

 

xix.       Using any device designed or adapted for the detecting or locating any metal or mineral in the Reserve;

 

Use of firearms etc

 

xx.       Being in possession of a firearm, with ammunition suitable for use in that firearm, or discharging a firearm or lighting a firework;

 

xxi.       Being in possession of, or discharging, any air weapon;

 

xxii.      Projecting any missile manually or by artificial means (including by means of crossbow or catapult);

 

General prohibition

 

xxiii.     Erecting, occupying or using any tent, shed, caravan or other structure for the purpose of camping elsewhere than in an area indicated by a notice as being available for camping;

 

xxiv.     Flying any model aircraft or any kite;

 

xxv.      Erecting any post, rail, fence, pole, stand, building or other structure;

 

xxvi.     Neglecting to shut any gate or to fasten it if any means of doing so are provided;

 

xxvii.    Digging into, removing or disturbing any ground, cliff or rock face;

 

xxviii.   Posting or placing any notice or advertisement;

 

xxvix.   Selling or offering, or exposing for sale, or letting for hire or offering or exposing for letting for hire, any commodity or article, or selling or offering for sale any service;

 

xxx.      Engaging in any activity which is causing or likely to cause a disturbance or holding any show, performance, public meeting, exhibition or sports or the playing of any organised games;

 

xxxi.     Intentionally or recklessly removing or displacing, any notice board, notice exhibited by order of the Council, apparatus, wall, boundary bank , fence, barrier gate, railing, post or hide;

 

xxxii.    Roller skating, skiing, tobogganing, skate-boarding or bicycling;

 

xxxiii.   Lighting any fire, stove, heater or other appliance capable of causing a fire, elsewhere than in an area indicated by a notice as being available for camping;

 

xxxiv.   Letting fall or throwing any lighted match or lighted substance in a manner likely to cause a fire;

 

xxxv.    Intentionally leaving items in a place other than a receptacle provided by the Council for deposit of litter or refuse;

 

Interference with Duly Authorised Officer

 

xxxvi.   Intentionally obstructing any officer of the Council or any person, or the servant of any person, employed or authorised by the Council in the execution of any works including research or scientific work connected with the laying out, maintenance or management of the Reserve;

 

3. i.      The Council may issue permits authorising any person to do any act or class of acts within the Reserve or any part thereof which would otherwise be unlawful under these byelaws; and

 

ii.         Any such permit shall be issued subject to the following conditions:

 

            a.         that it must be carried whenever a visit is made to the Reserve, and produced for inspection when required by a person duly authorised by the Council in that behalf; and

 

            b.         that it may be revoked by the Council at any time.

 

4.         These byelaws shall not operate so as to interfere with the exercise:-

 

i.          by a person of:-

 

            a.         a right vested in him as owner, lessee or occupier of land in the Reserve;

 

            b.         any easement of profit a pendre of which he is entitled; and

 

            c.         any public right of way;

 

ii.         of any function of a local authority, statutory undertaker or of a water authority or other drainage authority; and

 

iii.         by a constable or a member of the armed forces or of any fire brigade or ambulance service of the performance of his duty.

 

5.         Any person who offends against any of these byelaws shall be liable on summary conviction to a fine on level 2 as laid down in the Criminal Justice Act and in the case of a continuing offence to a further fine for each day during which the office continues after the said conviction.

 

Given under the Common Seal of the Nature Conservancy Council for England