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The Ancient Right To Navigate Tidal Waters In UK

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Miles
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The Ancient Right To Navigate Tidal Waters In UK

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Navigating tidal waters has been an ancient right that has been exercised by many generations of people in the United Kingdom. This right has been a significant part of British culture and heritage, allowing people to freely move across the waterways without fear of being restricted or denied access. In this article, we will explore the ancient right to navigate tidal waters in the UK, its history, and how it has evolved over time.


What are Tidal Waters?


Tidal waters are areas of the rivers and seas that are affected by tides, i.e., the regular rising and falling of the sea level. These areas can include estuaries, creeks, and channels that are navigable during high tide but may be inaccessible at low tide. Tidal waters are essential for trade and commerce, fishing, recreation, and transportation, and their value has been recognised since ancient times.


The Ancient Right to Navigate Tidal Waters


The ancient right to navigate tidal waters is based on the principle of freedom of navigation. This principle holds that all people should have the right to use tidal waters for navigation, fishing, and other lawful purposes. This right has been recognised by the courts in the UK since the 14th century, and it has been established through a series of legal cases and statutes.


The earliest recorded case concerning the right to navigate tidal waters was in 1351 when the Court of the Exchequer declared that the right of fishing in tidal waters belonged to the Crown. However, the court recognised the right of the public to navigate tidal waters for the purposes of fishing, trade, and commerce.


Over time, this ancient right has been extended to include not only the right to navigate tidal waters but also the right to anchor, moor, and land on the foreshore, i.e., the area between the high and low tide marks. This right has been recognised in various legal cases, including the landmark case of National Trust v. Corner (1993), which confirmed the public's right to access and use the foreshore for recreational purposes.


Evolution of the Right to Navigate Tidal Waters


The right to navigate tidal waters has evolved over time to reflect the changing needs and priorities of society. In the past, the right was mainly used for fishing and trade, but in recent times, it has been increasingly used for recreational purposes. As a result, there have been conflicts between different groups of users, such as fishermen, sailors, and recreational boaters.


To resolve these conflicts, the UK government has introduced various laws and regulations to manage the use of tidal waters. For example, the Port Marine Safety Code (PMSC) provides a framework for the management of safety in UK ports and harbours, including the regulation of navigation and marine activities.


Similarly, the Marine and Coastal Access Act 2009 provides a framework for the management of coastal waters and the marine environment, including the regulation of navigation and recreational activities. These laws and regulations aim to balance the needs of different users and protect the marine environment while ensuring the continued use of tidal waters for lawful purposes.


This right has evolved over time to reflect the changing needs of society, including the increased use of tidal waters for recreational purposes.

Despite the laws and regulations in place, there are still ongoing debates and disputes over the use of tidal waters, particularly between recreational boaters and fishermen. It is essential to strike a balance between the different users of tidal waters to ensure that everyone can use them safely and sustainably.


FAQs




Can anyone navigate tidal waters in the UK? Yes, anyone can navigate tidal waters in the UK as long as they are doing so for lawful purposes.




What are some of the activities that are allowed in tidal waters? Activities that are allowed in tidal waters include fishing, trade, commerce, transportation, and recreation.




What laws govern the use of tidal waters in the UK? The use of tidal waters in the UK is governed by various laws and regulations, including the Port Marine Safety Code and the Marine and Coastal Access Act 2009.




Are there any restrictions on the use of tidal waters? Yes, there are restrictions on the use of tidal waters to ensure safety and protect the marine environment. For example, there are speed limits in some areas, and certain activities may require permits or licenses.




How can conflicts between different users of tidal waters be resolved? Conflicts between different users of tidal waters can be resolved through communication, cooperation, and the enforcement of laws and regulations. It is essential to strike a balance between the different needs of users to ensure that everyone can use tidal waters safely and sustainably.




Conclusion


The ancient right to navigate tidal waters in the UK is a vital part of the British heritage and culture. It is based on the principle of freedom of navigation and has been recognised by the courts since the 1300s. This right has evolved over time to reflect the changing needs and is still a highly misunderstood and controversial subject.
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