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teaching - Earth Science Teachers' Association

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TEACHING EARTH SCIENCES ● Volume 31 ● Number 4, 2006<br />

Figure 2<br />

An abandoned<br />

quarry with high<br />

value geodiversity<br />

in serpentinite,<br />

Lizard, Cornwall.<br />

The site is within a<br />

designated ‘open<br />

access’ area, but<br />

has safety<br />

problems for<br />

visiting groups.<br />

Geodiversity Action Plans (cGAPs) by highlighting<br />

those quarries that make a significant contribution to<br />

geodiversity.<br />

Gaining access to geological sites for fieldwork<br />

The second component of GeoValue is examining<br />

issues of gaining legal, safe access to geological sites.<br />

Land ownership in the UK, and who can do ‘what,<br />

where and when’ legally on public and private land, is<br />

complex. Basically, unless a geological site is on or visible<br />

from a public right of way or in an area where legal<br />

or voluntary access exists, permission from the<br />

landowner is required if a visit is to be made without<br />

trespassing. This would apply to most geological sites<br />

inland in England. A geological site on ‘Open Access’<br />

land designated by the Countryside and Rights of Way<br />

Act (2000) can be visited without seeking further permission<br />

if one is ‘walking freely’. There is no right to<br />

undertake any other type of geological activity without<br />

seeking permission from the landowner. There are further<br />

restrictions in place within<br />

some types of ‘Open Access’ land<br />

and at certain times of the year.<br />

Some abandoned quarry sites are<br />

within areas designated as ‘Open<br />

Access’ land. These present potential<br />

liability issues for the landowner<br />

if a visitor suffers injury, and leaders<br />

of groups may need to be especially<br />

wary (Figure 2). Whilst the<br />

landowner has a duty of care under<br />

the Occupiers Liability Acts (1957<br />

and 1984) for those persons visiting<br />

any geological site with or without<br />

Even if a site is apparently<br />

open, an automatic right of<br />

access does not necessarily<br />

exist, and there are potential<br />

liability problems for both<br />

the visitor and landowner<br />

permission, especially unaccompanied children, their<br />

responsibilities do not stretch to ensuring that there is<br />

complete safety to every visitor in every situation. The<br />

visitor has to be responsible largely for their own safety<br />

and that of others.<br />

For quarrying companies, visits by groups provide<br />

an opportunity to develop valuable links with the local<br />

or wider community. Access to geological features in<br />

working quarries is wholly dependent on gaining the<br />

permission of the operator, and adhering to their policies<br />

and procedures. These include at least meeting<br />

the requirements of the Quarries Regulations (1999),<br />

the Health and Safety at Work Act (1974), and the<br />

Management of Health and Safety at Work Regulations<br />

(1999). A short induction with a safety briefing<br />

for individuals and all members of a group is usually<br />

required as a minimum before a visit to a working<br />

quarry takes place. Unaccompanied visits to observe<br />

the geology without a competent person in attendance<br />

are not permitted. Personal protective equipment has<br />

to be worn at all times. There are increasingly severe<br />

restrictions on pedestrians in working quarries when<br />

mobile plant is operating and close-up access to quarry<br />

faces usually is not permitted. These constraints affect<br />

the ability to examine geological features at close quarters,<br />

to make measurements or collect material,<br />

thereby reducing the value of any visit for many individuals<br />

and educational groups. The removal of<br />

selected quarried material having interesting geological<br />

features and placing it in a safe location away from<br />

mobile plant to enable close examination would partly<br />

mitigate any disappointment the visitor may have.<br />

Some quarries have internal or external viewing platforms<br />

from which the major geological features can be<br />

seen (Figure 3).<br />

Public bodies (e.g. government ministries) mostly<br />

have clearly defined policies and procedures for visitors<br />

to gain access to their land to observe the geology.<br />

Many large charities (e.g. National Trust) owning land<br />

operate in a similar way. There is generally a presumption<br />

for access by these landowners to allow walking to<br />

observe the geology, although a licence or permit is<br />

usually required. There may be restrictions at certain<br />

times and in some locations. The policies and procedures<br />

by establishment bodies (e.g.<br />

the Crown and Duchies) owning<br />

land vary. It appears that each<br />

request for access is assessed on its<br />

own merits and sometimes according<br />

to the benefit gained by the<br />

landowner from granting the<br />

request. Tenants (i.e. the occupier)<br />

rather than the landowner may be<br />

authorised or consulted before any<br />

decision on access is made. Large<br />

private landowners do not have<br />

general policies or procedures for<br />

granting access, which may be<br />

www.esta-uk.org<br />

20

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