The Forestry Service has opened a consultation on proposed revisions to the byelaws that apply to their land. The byelaws are already pretty draconian with regard to restrictions on what you are permitted to do on forestry land but the new changes
specifically ban being in one of their forests between sunset and sunrise.
The Forestry Act (NI) 2010 grants a public right of pedestrian access to forestry land, but this is of course subject to the Byelaws. Byelaw 5 excludes access between sunset and sunrise, and also allows the Department to exclude or restrict the Public’s right of access to any part of the forestry land. Sometimes we will have to do this for health and safety, plant health, environmental or other reasons.
It is an offence to contravene any provision of these byelaws, and any person committing such an offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale, and in the case of a continuing oanffence, to a further fine not exceeding one-tenth of level 3 on the standard scale in respect of each day during which the offence is continued after conviction.
In essence, if these changes are allowed to pass then you will be subject to a fine for being in any Forestry Commission operated forests after dark. As a general rule of thumb, unless a forest is privately owned then it is covered by the Forestry Commission so that applies to the bulk of Northern Ireland forests. At very least this would mean you
would be fined for walking your dog / allowing your children to play in late afternoon in the winter as the sun would have set. You would also not be able to access the Mournes from Newcastle any time after sunset as the only routes in are all through Forestry land.
As a group, we feel that we are already heavily restricted by draconian and unbureaucratic laws covering how we are allowed to enjoy ourselves on our own tax funded public land. Access is already severely restricted and wild camping is largely outlawed. This change would now mean that we can't even enjoy large areas of Northern Ireland in the evenings for any reason. We appreciate that small elements of the populace can cause problems in forests but that seems to be a poor reason to have a blanket ban and that education and sensible enforcement of practical and fair laws are the only ways to protect our open spaces for legitimate use.
Here are a few thoughts on what these changes will mean:
* The sun sets at 4pm in winter so you wouldn't be allowed in a forest in late afternoon for any legitimate reason, even to walk your dog or let the children play.
* Access to the Mournes would be severely restricted as the main, easiest routes in/out are from Newcastle through forests. Restricting access to the Mournes is foolish as they are a huge tourist attraction.
* Restricting access to forests will hinder attempts to encourage young people to spend time constructively outside.
* Banning all activities after sunset is far too draconian. If there is a problem activity that needs curtailed then it should be targeted directly.
* The government are continually complaining about how children don't get enough exercise. What do you expect if you keep them penned in towns and ban them from public places in the evenings.
* Everyone complains about kids hanging around the streets at night. Where else are they supposed to go when places like the tax funded public forests are so heavily restricted.
*
These are public forests and we have a basic right to use them sensibly at any time. Full stop!What do we suggest?We appreciate that complaining about change without constructive suggestion is pointless so this is what we recommend. Don't restrict access, open it! Allow people to use forests when they want for whatever they want. Humans are outdoors animals, we aren't designed to sit at desks, we're designed to be upright and outside in the fresh air. Corralling people in urban areas just causes stress and strain and that's one of the reasons youths cause so much trouble - boredom. Kids are better camping in a forest learning to cook and live outdoors than they are hanging around your street corner. Just as in all areas of life, they just need educated in how to be responsible.
Will opening access stop malicious kids lighting fires - probably not. Will banning people from forests stop malicious fires - obviously not. Do you think someone willing to start a fire that could endanger lives is worried about a potential fine? What are the chances that a ranger would have any success even trying to get details to enforce the fine. However, with open access and forests full of people the community helps solve these problems. The Government can't afford to have the forests adequately patrolled but when they are heavily used by local folk then it's much harder for people to cause trouble when the concerned public are around to keep watch. However, when the forests are empty of the people who use the area sensibly the miscreant element will be able to run riot and the threat of fines wont stop them.
Groups like NI-Wild regularly help clean and clear outdoors spaces and you can always guarantee that everywhere we go we bring more rubbish home than we create ourselves. Once you ban us from the forests we wont be there to help maintain them and you can be absolutely sure that
we wont be doing any conservation work in forests to which we are not allowed access. The government might manage to make some money in fines but it wont even be close to covering the cost of the thousands of local volunteers they usually have helping out.
The bottom line is blanket bans are always a bad idea and politicians are incredibly lazy to make perfectly reasonable behaviour illegal because they can't be bothered finding a better solution! I have a son and I'm ashamed that in Northern Ireland I can't legally take him to the woods and teach him how to live outdoors the same way my Father taught me.
Please contact the Department of Agriculture and Rural Development (DARD) to voice your concerns on this topic. If the public does not react then this byelaw will pass automatically - if you sit back and hope that other people react to this then you will be part of the reason that we can't use our own forests any more!
What can you do?FacebookPlease go here and "Like" this campaign. Please encourage all your friends to do the same. Facebooks is big these days and campaigns can get some serious traction!
http://www.facebook.com/pages/Fight-fining-us-for-being-in-a-forest-after-dark-in-Northern-Ireland/136767126399001Press Contact:Please contact your local newspaper and point them to this post, some press coverage would be very helpful.
Governmental ContactThe only way this will change is if plenty of people contact those in power that are making these decisions.
Please contact these people:
Jan Davidson (
jan.davidson@dardni.gov.uk) who is the the official contact for the consultation.
Please also contact Michelle O'Neill (
michelle.oneill@mla.niassembly.gov.uk) who is the DARD Minister.
Also contacting your own MP is a great idea - the more people we complain to, the higher likelihood of us making a difference (you can find your MP here
http://www.niassembly.gov.uk/members/constmap_res.htm).
Here is a sample letter you can send or email (thanks to
http://www.mtbrider.com). Obviously replace the {} with your own comment!
Jan Davidson
Department of Agriculture and Rural Development
Policy & Legislation Branch, Forest Service
Room 20
Dundonald House
Upper Newtownards Road
Ballymiscaw
Belfast BT4 3SB
Dear Jan,
Consultation on Forestry Land Byelaws.
I am writing in response to calls for views on the above consultation, and have comments as follows:
Byelaw 5 (1) The right of access granted under section 31(1) of the Act is excluded between sunset and sunrise.
{insert comments here}
I trust these comments will be useful to the Department as part of the wider consultation, and I look forward to the Department’s response.
Yours sincerely,
------
Sources:
http://www.dardni.gov.uk/forestservice/microsoft_word_-_forestry_land_byelaws__northern_ireland__2011.pdfhttp://www.dardni.gov.uk/forestservice/letter-byelaws.pdfThanks to MTBRider who were one of the first to publicise this.
http://www.mtbrider.com/content.php?31-Re-DARD-at-it-again----
Please reply with your thoughts - it's important that we all get involved, even if it is just to add your voice!
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Topic: New Forestry Byelaws - FINES FOR BEING IN A FOREST AFTER DARK - Please read (Read 50631 times)