Legal Aspects of Access Underground

A guide to the legal rights and obligations of people who explore caves, potholes and disused mines, and of those people who control access to them.

By P.T.Mellors
Illustrations by C.Lane
ISBN 0 900265 08 6

No Access

Contents

Introduction

Rights of ownership and access

Ownership of caves
Entrances: surface and sub-strata; Changing conceptions of caves
Access to land
Rights of way; Trespass; Closure Orders
Access to caves
By right of ownership; By owner's consent; By custom; By formal agreement or license; Breach of access agreements
Access to mines
Working mines; Museum mines; Disused mines

Liability

Owners' and occupiers' liabilities
Duty of care; Negligence liability; Exclusion of liability; Liability for disused mines; Transfer of liability; Business liability
Cavers' liabilities
Limited liability; Public liability; Wilful damage; Obligations under access agreements; Leader's liability; Working underground; Caving codes; Fixed aids; "Adopt-a-cave" schemes; Indemnity and insurance

Conservation and access

Sites of Special Scientific Interest
Notification; Potentially damaging operations
National Natures Reserves
Management agreements; Warden's powers
Protection of bats, etc.
Ancient monuments

Additional Information

Structure of the National Caving Association
List of useful addresses
Tables of statutes
Codes of practice

Cost £1.30 per copy including postage, cheques payable to National Caving Association. Send orders to National Caving Association Conservation Officer, 3 The Acorns, Oakhill, Bath, BA3 5BT.

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