Revised final draft Byelaws
This is the final draft of the revised Byelaws. Subject to the Authority decision on November 11, we will be seeking views from our statutory consultees and key interest groups, as well as considering any further comments. This is not a formal consultation
To find out more, go to the Byelaws Review page. The full set of proposed byelaws are set out below.
Countryside and Rights of Way Act 2000
National Parks & Access to the Countryside Act 1949
Dartmoor Commons Act 1985
BYELAWS made under Section 17 of the Countryside and Rights of Way Act 2000, Sections 90 and 106 of the National Parks and Access to the Countryside Act 1949 and Sections 10 and 11 of the Dartmoor Commons Act 1985 by Dartmoor National Park Authority with respect to access land within the Dartmoor National Park.
In the construction of these byelaws “the Authority” means Dartmoor National Park Authority and “Access Land” shall be land:
(i) defined as “the commons” in Section 2 of the Dartmoor Commons Act 1985;
(ii) defined as “access land” in Section 1 of the Countryside and Rights of Way Act 2000 being land identified as open country on a map in conclusive form issued by Natural England under Part 1 of the Act;
(iii) land within the Dartmoor National Park belonging to the National Park Authority or to which the public are given access under an agreement or order made under Part V of the National Parks and Access to the Countryside Act 1949.
2 Extent of Byelaws
Nothing in these byelaws shall apply to:
(i) any act done in pursuance of the exercise of any right of common
(ii) the owner of any part of the Access Land or persons authorised by them in writing.
All byelaws, save for Number Six (Camping), made by Devon County Council (acting as Park Authority for Dartmoor National Park) on 17 April 1989 and confirmed by the Home Secretary relating to the Access Land are hereby revoked.
No person shall without reasonable excuse drive or ride any mechanically propelled vehicle or bicycle (whether or not electrically powered or assisted) on any Access Land other than on a highway where there is a right of way for that class of vehicle.
If the Authority has set apart a space on the Access Land for use by vehicles of any class, this byelaw shall not prevent the riding or driving of those vehicles in the space so set apart, or on a direct route between it and the highway.
This byelaw shall not extend to mobility scooters or powered wheelchairs (together known legally as ‘invalid carriages’). “Invalid carriage” means a vehicle, whether mechanically propelled or not, the unladen weight of which does not exceed 150 kilograms, the width of which does not exceed 0.85 metres, and which has been constructed or adapted for use for the carriage of one person being a person suffering from some physical defect or disability and is used solely by such a person.
(i) Motor vehicles must not be parked on a verge in places where the Authority has erected a sign that states parking on the verge is prohibited.
(ii) No person shall without reasonable excuse park or cause to remain on any Access Land a caravan or trailer (whether or not attached to a towing vehicle), except on any land which is set apart and indicated by notice as a place where the parking of caravans or trailers is permitted
(iii) Between the hours of 11pm and 6am no person shall sleep in any mechanically propelled vehicle, caravan, or trailer on Access Land except on land where overnight camping is permitted by the Authority or by the owner of any land and the vehicle is parked with their permission.
(iv) No person shall park any mechanically propelled vehicle on Access Land in such a manner as to obstruct agricultural vehicles or the movement of livestock, whether by blocking (in whole or part) a gateway or a cattlegrid side gate entrance or otherwise.
6 Repairs of vehicles
No person shall clean, paint or carry out repairs on any vehicle parked on Access Land except in the event of an accident, breakdown or other emergency.
No person shall knowingly use any vehicle, including a caravan or any structure other than a tent for the purpose of camping on the Access Land or land set out for the use or parking of vehicles except on any area which may be set apart and indicated by notice as a place where such camping is permitted.
No person shall knowingly erect a tent on the Access Land for the purpose of camping:
(a) in any area listed in Schedule 2 to these byelaws;
(b)within 100 metres of any public road or in any enclosure.
No person shall camp in a tent on the same site on the Access Land for more than two consecutive nights, except on any area which may be set apart and indicated by notice as a place where such camping is permitted.
No person shall knowingly cause or permit the flow of any watercourse, leat or drain on the Access Land to be obstructed or diverted or interfere with any sluice gate or similar apparatus on Access land.
(i) No person shall light or tend an open fire on the Access Land, or place or throw or let fall a lighted match or any other thing so as to be likely to cause a fire.
(ii) No person shall use a camping stove or other cooking device in such a manner as to cause a fire or the danger of fire.
(iii) No person shall use a barbecue of any kind on Access Land.
(iv) No person shall gather fuel for a fire from the Access Land.
(v) No person shall launch Chinese Lanterns, fireworks, or flares from Access Land.
(i) No person in charge of a dog shall permit it to attack or worry any stock or wildlife or cause any nuisance or reasonable grounds for annoyance to any person on the Access Land.
(ii) No person in charge of a dog shall cause or allow it to be exercised on Access Land other than under effective control and, if directed to do so by a Ranger, must keep the dog on a lead.
(iii) Between 1 March and 31 July each year any dog that is brought onto Access Land shall be kept under effective control and on a lead
(iv) No person shall bring more than 6 dogs on to the Access Land at any time.
“Dog” shall exclude police dogs, search and rescue dogs, guide or assistance dogs and any dog that is working on Access Land with the consent of the landowner.
11 Feeding of animals
No person other than the owner of any animal or the owner’s authorised agent shall feed or permit to be fed any animal lawfully grazing on Access Land.
No person shall ride, train or exercise racehorses on an area of Access Land where the Authority has given a direction to the owner, trainer or rider of those racehorses that that area is not to be used for that purpose.
13 Protection of Wildlife
No person shall without lawful excuse or authority on Access Land: (i) intentionally or recklessly take, kill, injure or disturb any wild animal, bird or fish; intentionally or recklessly take, damage or destroy any eggs or nests. (ii) engage in hunting, shooting, fishing, trapping, snaring, taking or destroying of animals, birds or fish or have with them any engine, instrument or apparatus used for hunting, shooting, fishing, trapping, snaring, taking or destroying animals, birds or fish.
14 Firearms and projectiles
No person shall:
(i) discharge on Access Land without lawful authority any firearm, air weapon, crossbow: or
(ii) release any projectile or throw any missile on Access Land to the danger of any other person or so as to give reasonable grounds for annoyance; or
(iii) play golf on Access Land
15 Damage to land
No person shall without reasonable excuse or lawful authority:
(i) break or damage any wall or fence on or enclosing Access Land;
(ii) remove or displace any barrier, railing, post or seat, or any part of any erection or ornament, or any implement provided for use in the laying out or maintenance of Access Land; or
(iii) remove from, displace or damage on Access Land any vegetation, wood, soil, peat, dung or stones.
16 Metal detectors
No person shall use any device designed or adapted for detecting or locating any metal or mineral in the ground on Access Land unless they are authorised to do so in writing by the Authority.
17 Commercial activities
No person shall on the Access Land offer for sale or hire any goods or services in exchange for payment or reward unless they are authorised to do so in pursuance of an agreement with the owner of the land.
No person shall take off from or land on Access Land in an aircraft, helicopter, hang-glider, paraglider, hot-air balloon or any other craft designed for manned flight (except in an emergency) unless they are authorised to do so in writing by the owner of the land.
19 Kites, model aircraft and drones
(i) No person shall fly a kite from or over the Access Land in such a manner as to give reasonable cause for annoyance to any other person or in such a manner that may or does startle or disturb stock or wildlife.
(ii) No person shall operate a powered model aircraft or drone on or over Access Land unless they are authorised to do so in writing by the owner of the land, and no model aircraft or drone shall be operated in such a manner that may or does startle or disturb stock or wildlife or which gives reasonable cause for annoyance to any person.
No person shall hold any unlicensed music event, show, concert, exhibition or other entertainment on the Access Land unless they are authorised to do so in writing by the owner of the land.
21 Music and audio devices
No person shall play or operate or knowingly cause or permit to be played or operated, any instrument or device, whether mechanical, electrical, or any other method of operation, which emits noise in such a manner as to give reasonable cause for annoyance to another person on the Access Land.
No person shall on the Access Land:
(i) intentionally obstruct any Ranger or other officer of the Authority in the proper execution of their duties;
(ii) intentionally obstruct any person carrying out an act which is necessary to the proper execution of any contract with the Authority;
(iii) intentionally obstruct any other person in the proper use of the Access Land or behave so as to give reasonable grounds for annoyance to other persons on the access land; or (iv) fail to follow an instruction by a Ranger or officer of the Authority acting within their authority.
Any person who offends against any of these Byelaws shall be liable on summary conviction to a fine on level 2 on the Standard Scale.