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TEACHING EARTH SCIENCES ● Volume 31 ● Number 4, 2006 Figure 2 An abandoned quarry with high value geodiversity in serpentinite, Lizard, Cornwall. The site is within a designated ‘open access’ area, but has safety problems for visiting groups. Geodiversity Action Plans (cGAPs) by highlighting those quarries that make a significant contribution to geodiversity. Gaining access to geological sites for fieldwork The second component of GeoValue is examining issues of gaining legal, safe access to geological sites. Land ownership in the UK, and who can do ‘what, where and when’ legally on public and private land, is complex. Basically, unless a geological site is on or visible from a public right of way or in an area where legal or voluntary access exists, permission from the landowner is required if a visit is to be made without trespassing. This would apply to most geological sites inland in England. A geological site on ‘Open Access’ land designated by the Countryside and Rights of Way Act (2000) can be visited without seeking further permission if one is ‘walking freely’. There is no right to undertake any other type of geological activity without seeking permission from the landowner. There are further restrictions in place within some types of ‘Open Access’ land and at certain times of the year. Some abandoned quarry sites are within areas designated as ‘Open Access’ land. These present potential liability issues for the landowner if a visitor suffers injury, and leaders of groups may need to be especially wary (Figure 2). Whilst the landowner has a duty of care under the Occupiers Liability Acts (1957 and 1984) for those persons visiting any geological site with or without Even if a site is apparently open, an automatic right of access does not necessarily exist, and there are potential liability problems for both the visitor and landowner permission, especially unaccompanied children, their responsibilities do not stretch to ensuring that there is complete safety to every visitor in every situation. The visitor has to be responsible largely for their own safety and that of others. For quarrying companies, visits by groups provide an opportunity to develop valuable links with the local or wider community. Access to geological features in working quarries is wholly dependent on gaining the permission of the operator, and adhering to their policies and procedures. These include at least meeting the requirements of the Quarries Regulations (1999), the Health and Safety at Work Act (1974), and the Management of Health and Safety at Work Regulations (1999). A short induction with a safety briefing for individuals and all members of a group is usually required as a minimum before a visit to a working quarry takes place. Unaccompanied visits to observe the geology without a competent person in attendance are not permitted. Personal protective equipment has to be worn at all times. There are increasingly severe restrictions on pedestrians in working quarries when mobile plant is operating and close-up access to quarry faces usually is not permitted. These constraints affect the ability to examine geological features at close quarters, to make measurements or collect material, thereby reducing the value of any visit for many individuals and educational groups. The removal of selected quarried material having interesting geological features and placing it in a safe location away from mobile plant to enable close examination would partly mitigate any disappointment the visitor may have. Some quarries have internal or external viewing platforms from which the major geological features can be seen (Figure 3). Public bodies (e.g. government ministries) mostly have clearly defined policies and procedures for visitors to gain access to their land to observe the geology. Many large charities (e.g. National Trust) owning land operate in a similar way. There is generally a presumption for access by these landowners to allow walking to observe the geology, although a licence or permit is usually required. There may be restrictions at certain times and in some locations. The policies and procedures by establishment bodies (e.g. the Crown and Duchies) owning land vary. It appears that each request for access is assessed on its own merits and sometimes according to the benefit gained by the landowner from granting the request. Tenants (i.e. the occupier) rather than the landowner may be authorised or consulted before any decision on access is made. Large private landowners do not have general policies or procedures for granting access, which may be www.esta-uk.org 20
TEACHING EARTH SCIENCES ● Volume 31 ● Number 4, 2006 denied on quasi-safety or potential liability issues. Under the Occupiers’ Liability Act (1957), the landowner has a greater responsibility for ensuring the safety of any visitor if permission for access is granted. Thus, it is important for the landowner to make the visitor aware of any potential hazards associated with gaining access and for the activities during a visit to be agreed with the landowner or other occupier. An indemnity and suitable public liability insurance by a visiting group may be required. Acknowledgements The Minerals Industry Research Organisation funds GeoValue through the Minerals Industry Sustainable Technology initiative (MIST), which is part of the Aggregate Levy Sustainability Fund (ALSF). The partners for GeoValue are: David Roche GeoConsulting, Camborne School of Mines (University of Exeter), Cornwall Wildlife Trust, British Geological Survey, English Nature (now Natural England) and the Health and Safety Executive. The project has been aided by the University of Plymouth, many RIGS Groups / County Geology Trusts, who have tested the procedure for the Geodiversity profile, many quarrying companies, and other geological site land owners. Professor Peter Scott Camborne School of Mines University of Exeter, Cornwall Campus Penryn, Cornwall TR10 9EZ Email: P.W.Scott@ex.ac.uk Figure 3 A large working quarry in Somerset with dipping Carboniferous Limestone, overlain by horizontal Jurassic Inferior Oolite limestone. The broad structures can be seen, but the details of the lithologies cannot be studied from the external viewing platform. The Geodiversity, Geoconservation and GeoValue Conference The Geodiversity, Geoconservation and GeoValue Conference The GeoValue project finishes at the end of January 2007, and an open conference to disseminate the results is being held at the De La Beche Lecture Theatre, British Geological Survey, Keyworth, Nottingham NG12 5GG on Wednesday 24th January, 2007 commencing at 10.30am. The conference is being opened by Dr John Ludden, Executive Director, BGS. There will be two presentations on the GeoValue project, The GeoValue project: Valuing geodiversity in quarries and other geological sites and Access to quarries and other geological sites on private land: the law, liability and practical solutions, along with further presentations entitled: ‘Geodiversity in action: quarries in the UK’, Clive Nicholas, David Roche GeoConsulting and Robin Shail, Camborne School of Mines; ‘BGS and geodiversity: An example from Leicestershire and Rutland’ Keith Ambrose, British Geological Survey; ‘Delivering geoconservation through Natural England’, Jonathan Larwood and Colin Prosser, Natural England; and, ‘Visitors in quarries: obstacle or opportunity’, Helen Turner, Health and Safety Executive. The conference is free and lunch is provided. Prior registration is required, and the publications arising from GeoValue will be provided to all those attending. For further information and to register for the conference contact: David Roche GeoConsulting, 19 Richmond Road, Exeter EX4 4JA Tel: 01392-217200 Fax: 01392-217211 Email: drgeo@ukgateway.net or Peter W. Scott, Camborne School of Mines, University of Exeter, Cornwall Campus, Penryn, Cornwall TR10 9EZ Tel: 01326-371837 or 01326-340214 Fax 01326-371859 Email: P.W.Scott@ex.ac.uk. 21 www.esta-uk.org
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