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Shooting on rights of way - Scotland


TractorMaz
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23 hours ago, greenshank1 said:

Scottish Outdoor Access code or SOAC outlines the right to responsible access.

Basically you have a right to responsible access. It gives responsible access to all. It doesn't give any rights to disturb or damage any crops , livestock or land management activities. 

So farmers and landowners can't restrict access unless their is reasonable grounds and access takers need to take access responsibly. 

Its based on common sense and tolerance . So you can cross arable farms by way of hedgerows and tracks but not stomp across newly sown winter barley. You can hike the hill but not through the middle of a fank or cattle crush. 

You can  hike the moors but not through the middle of a Grouse drive. 

You can cross farmland responsibly to access the shore for wildfowling. 

If it's a big shoot it should post signs explaining shooting is taking place prior to shooting and take signs down after. 

So if you want to shoot from or over a right of way you'd have to do it , if and when it wouldn't cause disturbance of be viewed as reckless. That could be putting signs and warning people or doing it when it's least likely to be used. But Rights of Way can only be closed after consultation.

Most Scottish councils have Access Officers that can advise 

All correct but criminal damage or disturbance would need to be reported and either be prosecuted or a civil action taken to recover loss from that encroachment. 

When was the last time anyone especially SAbs were prosecuted for crop damage, shoot or hunt disturbance just for being on the land?

Hard to prove damage if you are walking over new drillings to put out decoys and retrieve pigeons and a person walks over the field, similar to that of deer runs, badger runs and wind damaged standing crops! And at £80 per tonne of wheat a person walking over a standing crop is never going to cause any damage in the grand scheme of things!

 

 

 

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