This letter is being circulated widely in the caving
community. The National Park Authority wishes to agree with
cavers; access and conservation arrangements for Mynydd Ddu and
it's caves. This letter, which is intended to stimulate debate,
outlines the legal requirements for managed access and suggests
how this might be delivered. Comments from individuals and
organisations are welcome, and should be sent to the address at
the end of this letter. Every person or organisation submitting
comments will be invited to attend an informal meeting towards
the end of the year.
The Area
Mynydd Ddu is the area of upland lying broadly between the Upper
Swansea Valley, in the east and the community of Trap in the
west. It extends to almost 15,000 hectares, and includes an
important limestone outcrop, an area which must provide one of
the greatest opportunities for cave exploration in Britain.
Survey work completed by local cavers in 1997 identified 296
sites of speleological significance, three quarters of which were
visited, photographed and described. Twenty five of these were
recorded as being in a dangerous condition, most of which are
abandoned digs. The Park Authority is now obliged to undertake
works to these to render them safe. Offers of assistance from
cavers - particularly if you have a guilty feeling about some of
these digs - are invited.
The same survey has also collated a very comprehensive
bibliography, and made many recommendations to improve access and
conservation management.
Paper copies of the survey are held by the South Wales Caving
Club and National Park Authority. This should prove to be an
important exploration & conservation tool, and arrangements
will be made for it's transfer to digital media to make it
accessible and maintainable.
Ownership and Management
The whole area is 'common land' - land over which 'commoners'
have rights (such as grazing) which they share 'in common' with
others. There are several graziers association that represent the
interests of many of the commoners.
The National Park Authority owns about 12,000 hectares of the
area and manages a further 2,000 hectares on behalf of Dwr Cymru.
This letter relates to land that is owned and managed by the
National Park Authority. The Authority manages the area according
to it's purposes set out in the 1995 Environment Act. These are:
to conserve and enhance natural beauty, wildlife and cultural
heritage and to promote opportunities for understanding and
enjoyment of the Parks special qualities.
It is also relevant to note that as landowner the Authority has a
duty of care to all users of the area, and an associated
liability if it is negligent in exercising that duty. Being a
publicly funded organisation the Authority must manage its
liabilities so as to protect itself - and the public purse - from
damage claims.
Most of the area is designated under the Wildlife &
Countryside Act as a "Site of Special Scientific
Interest" SSSI, and this requires the landowners to ensure
that the interest of the site is not damaged.
Caving is formally recognised by the Authority as an appropriate
activity in the Park setting, and the Authority therefore has a
duty to promote the enjoyment and understanding of caves. It must
also look after the interests of commoners, and exercise a duty
of care to visitors. Finally it must ensure the conservation of
the area, and ensure that the SSSI is not damaged.
Access
Legal rights of access are provided by public rights of way. 'De
facto' access, or that of long-standing tradition or custom, is
also established.
The National Part Authority as a matter of policy allows open
access on foot for quiet, informal enjoyment. 'De facto' access
does not extend to access for caving or digging, and these
activities are only lawful if conducted with the consent of the
landowner.
A New Approach
Historically the Park Authority has made a number of false starts
in trying to manage the issues of cave access and conservation,
and is aware that some cavers view its motives with suspicion.
The following arrangements satisfy the remit of the National Park
Authority, maximise accessibility, minimise bureaucracy and
recognise the critical role played by cavers in the management of
cave exploration and conservation. The new approach should form
the basis of a more productive relationship between the caving
community and enviromental organsiations.
The National Park Authority proposes:
To declare a "standing permission" for all cavers to
visit (on foot) all sites of speleological interest on Mynydd Du,
on the condition that:
i). Cavers follow the NCA advice and code of conduct regarding
conservation of the cave environment
ii). Cavers have their own 3rd party liability insurance, and
undertake all such activities entirely at their own risk
iii). Nothing is done that damages the rights of commoners
To make widely available (at least possible cost to users) the
Mynydd Du Cave Survey, and to put in place and fund arrangements
for its maintenance by cavers.
To declare a 'standing permission' for all cavers to conduct
exploration activity in caves and on the surface, on the
condition that: i), ii), iii) - As i), ii), iii) above.
iv). That digging and other exploration activity is recorded at
the outset with the Mynydd Du Cave Survey (details may be held
with restricted access if requested), and the survey is regularly
updated through the duration of the activity. Details of location
and persons responsible will be needed.
v). 'Between visits' any works are left entirely safe and secure,
and pose no threat to people, stock or other animals.
vi). When complete the site is left permanently safe and secure.
To annual review the impacts of exploration activity, to ensure
that legal requirements of the SSSI designation are not being
breached.
To hold an open meeting so that the success of these access and
conservation arrangements may be discussed.
Subject to the views of the caving community and other interested
parties, the National Park Authority intends that the new
approach should be effective from 1st January 2000. Please
forward comments to :
Jon Young
Brecon Beacons National Park Authority, 7 Glamorgan Street,
Brecon, Powys LD3 7DP
jon.young@breconbeacons.org