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APPENDIX A

 

 

 

 

 

 

 

 

 

 

 

 

BYELAWS

 

RELATING TO

 

BOXLEY WARREN

LOCAL NATURE RESERVE

 

 

 

 

 

DATED: [TO BE CONFIRMED]

 

 

 

 

 

 

 

BOXLEY WARREN LOCAL NATURE RESERVE

 

The MAIDSTONE BOROUGH COUNCIL in exercise of the powers conferred upon it by sections 20[1], 21(4)[2] and 106[3] of the National Parks and Access to the Countryside Act 1949 and in accordance with section 236(4) of the Local Government Act 1972 and the Environmental Protection Act 1990 hereby make the following byelaws for the protection of the Local Nature Reserve at Boxley Warren, Boxley, Maidstone, Kent in the Parish of Boxley in the County of Kent.

 

In these byelaws:

 

1(a)             The “Reserve”’ shall mean the pieces or parcels of land containing in the whole 85 hectares or thereabouts and situated in the Parish of Boxley in the County of Kent declared to be managed as a Local Nature Reserve by the Declaration (Ref: No. 1 Declaration of 2008) dated 27 February 2008 made by the Maidstone Borough Council in pursuance of section 19 of the National Parks and Access to the Countryside Act 1949 and all other powers aforesaid, and the Reserve is for the purpose of identification shown as nearly as may be on the map annexed to these byelaws and thereon edged in red;

 

1(b)             “The Council” shall mean the Maidstone Borough Council; and

 

1(c)             “Firearm” shall have the same meaning as in Section 57 of the Firearms Act 1968.

 

1(d)            Within the Reserve the following acts are hereby prohibited except insofar as they may be authorised by a permit issued by the Council in accordance with Byelaw 4, or as necessary to the proper execution of his or her duty by an officer of the Council or by any person, or servant of any person, employed or authorised by the Council.

 

 

 

 

2. RESTRICTION OF ACCESS

 

2(i)              Entering at any time those parts of the Reserve where notice to keep out (with or without notice) has been posted by order of the Council;

 

Damage To Or Disturbance Of Things In The Reserve

 

2(ii)             Spreading or using any net, or setting or using any lamp or other instrument or snare or lure, for the taking injury or destruction of any living creature;

 

2(iii)            Taking, molesting or intentionally disturbing, injuring or killing any living creature;

 

2(iv)            Taking or intentionally disturbing or destroying the eggs, larvae, pupae or other immature stages, or the place used for the shelter or protection of any living creature;

 

2(v)             Intentionally removing or displacing any tree, shrub, plant, fungus or part thereof, or any unfashioned mineral thing including water;

 

2(vi)           Climbing or ascending any tree or climbing or placing a ladder or steps against any tree;

 

Bringing Animals Into The Reserve

 

2(vii)           Intentionally bringing, or permitting to be brought, into the Reserve any living creature, or the egg, of any living creature, or any plant, or any seed or any other part of any plant, in such circumstances that it is likely that such creature or plant will reproduce or propagate itself, or such egg will hatch, or such seed will germinate;

 

2(viii)          Bringing into, or permitting to remain within, the Reserve any dog unless it is kept either on a lead or under proper control, or any other animal unless it is kept under proper control, and is prevented from worrying or disturbing any animal or bird;

 

2(ix)            Turning out any animal or poultry to feed or graze;

 

2(x)             Bringing, or permitting to be brought, into the Reserve, except along designated rights of way, any horse, pony or beast of draught or burden;

 

 

 

Areas Of Water

 

2(xi)            Committing any act which pollutes or is likely to cause pollution of any water;

 

2(xii)           Obstructing the flow of any drain or watercourse;

 

Use Of Vehicles

 

2(xiii)          Driving, riding, propelling or leaving any mechanically propelled vehicle (including hovercraft) elsewhere than on a highway or road, or in a place indicated by a notice as being available for the purpose;

 

2(xiv)          Launching or landing, except in case of emergency, any aircraft, including hang glider, motorised glider or microlite craft;

 

2(xv)           Operating any aircraft, including hang glider, motorised glider or microlite craft, at such a height that persons on the ground or in buildings maybe inconvenienced or annoyed or animals may be disturbed;

 

Use Of Certain Equipment

 

2(xvi)          Using any camera or any apparatus for the transmission, reception, reproduction, or amplification of sound, speech or images by electrical or mechanical means, except apparatus designed and used as an aid to defective hearing and apparatus used in a vehicle so as not to produce sound audible by a person outside the vehicle;

 

2(xvii)         Using any device designed or adapted for detecting or locating any metal or mineral;

 

Use Of Firearms Etc.

 

2(xviii)        Being in possession of a firearm, with ammunition suitable for use in that firearm, or discharging a firearm or lighting a firearm;

 

2(xix)          Projecting any missile manually or by artificial means (including any means of crossbow or catapult);

 

General Prohibitions

 

2(xx)           Erecting, occupying or using any tent, shed, caravan or other structure for the purpose of camping;

 

2(xxi)           Flying any kite or model aircraft;

 

2(xxii)         Erecting any post, rail, fence, pole, stand, building or other structure;

 

2(xxiii)        Neglecting to shut any gate or to fasten it if any means of doing so are provided;

 

2(xxiv)        Posting or placing any notice or advertisement;

 

2(xxv)         Selling or offering, or exposing for sale, or letting for hire or offering or exposing for letting for hire, any commodity or article, or selling or offering for sale any service;

 

2(xxvi)        Engaging in any activity which is causing or likely to cause a disturbance or holding any show, performance, public meeting, exhibition or sports or the playing of any organised games;

 

2(xxvii)       Intentionally or recklessly removing or displacing, any notice exhibited by order of the Council, apparatus, wall, boundary bank, fence, barrier, railing, post or hide;

 

2(xxviii)       Roller skating, skiing, tobogganing or skate-boarding;

 

2(xxix)        Lighting of any fire, stove, heater or other appliance capable of causing a fire;

 

2(xxx)         Letting fall or throwing any lighted match or lighted substance in a manner likely to cause a fire;

 

2(xxxi)        Intentionally leaving items in a place other than a receptacle provided by the Council for deposit of litter or refuse;

 

3. INTERFERENCE WITH DULY AUTHORISED OFFICER

 

3(i)              Intentionally obstructing an officer of the Council or any person, or the servant of any person, employed or authorised by the Council in the execution of any works including research or scientific work connected with the laying out, maintenance or management of the Reserve.

 

4. PERMITS

 

4(i)              The Council may issue permits authorising any person to do any act or class of acts within the Reserve or any part therof which would otherwise be unlawful under these byelaws.

 

4(ii)             Any such permit shall be issued subject to the following conditions:

 

(a)         That it must be carried whenever a visit is made to the reserve, and produced for inspection when required by a person duly authorised by the Council in that behalf; and

(b)         That it may be revoked by the Council at any time.

 

5. BYELAWS

 

5(i)              These byelaws shall not operate so as to interfere with the exercise:

 

5(ii)             By any person of:

 

(a)         a right vested in him or her as owner, lessee or occupier of land in the Reserve;

(b)         any easement or profit a prendre of which he is entitled; and

(c)         any public right of way;

 

5(iii)            Of any function of a local authority, statutory undertaker or water undertaking; and

 

5(iv)            By a constable or a member of the armed forces or of any fire brigade or ambulance service of the performance of his or her duty.

 

6. PENALTY

 

6(i)              Any person who offends against any of these byelaws shall be liable on summary conviction to a level two fine as laid down in the Criminal Justice Act 1982 and in the case of a continuing offence to a further fine for each day during which the offence continues after the said conviction.

 

Dated: [to be confirmed]

 

The Common Seal of

MAIDSTONE BOROUGH

COUNCIL was hereunto

Affixed in the presence of:

 

 

 

 

Solicitor – Authorised Signatory