This needs very careful consideration in respect of caves and abandoned mines. Q.30 Blocking or obliterating cave and mine entrances, and the filling of open surface depressions needs to be specified. The use of pesticides, dumping of animal carcasses, and any pollutants likely to affect cave or mine systems may well need special controls. This requirement has been the cause of many failed access agreements in the case of caves and of abandoned mines. The Occupiers Liability Act 1984 went some way towards alleviating this situation, but we find it difficult to fully support such a proposal unless amended.
Mineshaft capping for access is another example.
Q.34 The agencies probably have sufficient powers at present however in our experience they are often not inclined to exercise them. The problem is likely to be exacerbated due to the significant increase in workload which will inevitably result. The availability of grants to enable or improve access is reasonable, however to make funds available to limit access could be contradictory and would require very strict control and needs some clarification. Q.35 Capital costs only unless there are special circumstances. Farming subsidy schemes might be linked to access, particularly in the case of hill farming.