1: The Purpose of these Guidelines

These guidelines are aimed primarily at ‘event’ organisers and are meant to be a positive contribution to the enjoyment and use of the Northern Ireland countryside.

The guidelines relate to events and activities based on travelling or partaking by foot. Equestrian, motorised, cycling and water based events have different legal and management implications.

Even the remotest parts of our countryside are owned by someone and those owners may have responsibilities placed on them by law to protect such areas from environmental damage as best they can.

As these guidelines will explain, whilst care needs to be taken with the management of any event which impacts on the environment, in certain areas it is thus absolutely crucial.

A well planned and well managed event will comply with any legal requirements, avoid or minimise the impacts on the landscape, heritage features, plants and wildlife, and have no adverse effects on other established recreational activities or other uses such as farming or forestry.

In this way, we can ensure that such events do not create conflicts or damage whilst at the same time allowing the participants to get out and enjoy themselves or test their abilities.

Particular reference is made to our most used recreational area which is also a special habitat, the Mourne Mountains, where there are popular and accessible areas already under considerable pressure.

2: What do we mean by ‘organised recreational events’.

The simplest definition of this is any event which is planned in advance and is likely to involve more than 25 participants. This is the recognised level at which a pedestrian based activity that could otherwise be considered as ‘casual’ use becomes an ‘event’ through the need for organisation.

Such events can be competitive or just for fun; profit- or non-profit-making, or to raise funds for charity purposes. They can be organised as ‘challenge’ events by clubs, charities, businesses or other groups, or can be organised by activity or Outdoor Pursuit Centres. The purpose of this guidance is not to discourage the enjoyment and use of our countryside. Rather it is to ensure that such use is sustainable.

This number of 25 participants is not hard and fast as a smaller event may have numerous spectators or require support teams, yet some events, such as Club walks, are very casually planned with often no indication of how many people will show up on the actual day.

Given that these guidelines are meant to be helpful and are based on conservation ethics to which the majority of our population subscribe, it is recommended that all countryside users take account of them, even small groups or individuals entering sensitive habitat areas.

However, the need to pursue the recommended ‘scoping’ process through completing an ‘Easy’ form (explained later in Section 5) will only apply to ‘planned’ events with predictable or potential impacts on certain ‘designated areas’ as now explained.

3: Areas Important for Plant and Birdlife

To designate ‘special areas’ for protection and management is an effective way of ensuring that any important wildlife and natural landscapes retain their individual characteristics as such designation allows for both positive action and certain controls under law.

Some areas are actually of such importance that they are formally designated under various pieces of national and European legislation.

In terms of the wider countryside, there are 3 categories of designation that are most relevant from a habitat and species conservation and management perspective and one type of designation which relates to both conservation and enjoyment by the public.

It is recognised by Government that there is a balance between responsible enjoyment of our natural environment by humans, a matter increasingly important for their well-being and health, and the conservation and protection of rare species. Getting this balance right is a large part of the rationale for these guidelines.

Detailed information on all these designations and their physical extent are contained in the Northern Ireland Environmental Agency (NIEA) website but, for the purposes of clarity, it is important to give a quick overview of each designation and its implications.

Northern Ireland has a wide range of Areas of Special Scientific Interest (ASSIs). These are areas of land, often quite small, that have been identified by detailed survey as being of the highest degree of conservation value. They have a well-defined boundary and by and large remain in private ownership. The underlying philosophy is to achieve conservation by co-operation with the relevant landowners.

The law relating to ASSIs is contained in the Environment (Northern Ireland) Order 2002 and essentially this creates a framework for Government notifying the owner(s) of the significant features on their land and establishing what operations might impact on those.

Legal provisions exist to create a ‘consent’ process and to enter into management agreements with the owners. The law also places a general duty on public bodies to exercise their functions in a manner conducive to the maintenance of any sites ASSI status. A “public body” means a Northern Ireland Department, a district council, statutory undertakers dealing with utilities ( water, electricity, gas, railways, waterways etc.) and any other body established or constituted under a statutory provision (e.g. the National Trust).

Provisions exist for legal action to be taken where it is clear that the owner of an ASSI (including public bodies) or third parties have deliberately or recklessly destroyed or damaged inherent features of that ASSI.

In recreation terms, the reality is that an ‘event’ would have to be of considerable magnitude and be so badly managed that it in itself would cause the degree of damage to warrant prosecution of the organiser but this is possible. However, what is also important is the cumulative nature of any damage and this again is where these guidelines are of importance.

The essential element for recreational users to understand is that if an owner feels an event or indeed continued use for recreation is damaging the ASSI status for which they can be held accountable, they may have the right to refuse permission or ask for what we refer to as ‘ mitigation measures’ to be taken. These matters are considered further under ‘Your Rights and Responsibilities’ and mitigation measures for the Mournes are detailed in the Mourne Event Strategy.

Some ASSI’s have been deemed to warrant further protection under European legislation known as ‘The Habitat's Directive’. These areas are designated as ‘Special Areas of Conservation’ because the habitats or species which they contain are habitats of importance to biodiversity both on a national and international scale. There are currently 56 SACs designated in Northern Ireland. A large part of the eastern or ‘High’ Mournes is one such habitat.

The other European designation is known as a Special Protection Areas (SPA) and these are designated under the European Commission Directive on the Conservation of Wild Birds known as the ‘The Birds Directive’. All European Community member States are required to identify internationally important areas for breeding, over-wintering and migrating birds and designate them as Special Protection Areas (SPAs). There are currently 15 SPA sites designated in Northern Ireland.

Together these range of sites are known as Natura 2000 sites and their protection is largely through a requirement that any ‘Plans or Projects’ affecting or likely to affect such sites goes through an appropriate assessment process. This process is at different levels, requiring an ‘Environmental Impact Assessment’ or ‘Strategic Environmental Assessment’ if the proposal is deemed to be development requiring Planning Approval.

From a conservation perspective ‘Plans or Projects’ likely to significantly impact on the integrity of the site can be subject to what is known as an Article 6 Assessment to be carried out by a ‘competent authority’. However, such an Assessment can only be carried out as a requirement if it is necessary for the person or body to seek approval under bye-laws or other legislation covered by that ‘competent authority’.

A “competent authority” includes a range of bodies from government departments and district councils through to ‘statutory undertakers’. (These are the various companies and agencies with legal rights to carry out certain development and highways works.)

However, as we will cover later, whether there is a clear legal requirement or not, for such sensitive areas, it is good practice and in everyone’s interest, to undertake even a ‘scoping’ exercise for an event and to consider any mitigation measures that would be beneficial.

The other category of designation is a much broader one and that is ‘An Area of Outstanding Natural Beauty’. Such areas are designated because of the desire to protect and enhance the qualities of each area and yet to promote their enjoyment by the public. There are 9 AONBs in Northern Ireland ranging from the wider Mournes to the Causeway Coast. Again detailed information on their physical extent and background is available on the NIEA website

Government is acutely aware that the enjoyment of our natural environment through the provision of outdoor access opportunities that are well managed contributes significantly to important public policy agendas including social inclusion, improving health, and improving our overall quality of life as well retaining our understanding and affinity with the natural world.

Our AONBs’, Country Parks, Forest Parks and National Trust properties all play a significant role in this respect in Northern Ireland, and the land of the High Mournes, owned by Water NI, is particularly significant in recreation terms. Where such areas are designated, either in whole or part, as a Natura 2000 site, consideration will have already been given to the management of recreation impacts.

The reasons for the particular significance of these areas in the context of Northern Ireland are explained in the next Section.

4: Your Rights and Responsibilities

In Northern Ireland we do not have the right of access to open country which applies to large parts of England and Wales and all of Scotland. No similar legislation and associated rights exist here and as a result, in purely legal terms, without the landowner’s permission, those entering land are technically ‘trespassers’.

However, despite the often seen ‘Trespassers Will Be Prosecuted’ signs, it must be remembered that trespass only becomes a civil offence (where any legal action must be taken by the landowner) when that landowner can prove significant and verifiable damage to property. A landowner has the right to ask those trespassing to leave their land but has no right to enforce it or threaten action unless, for example, there is a criminal offence being committed such as wilful damage or a breach of the peace, in which case they would normally involve the Police.

The result is, that particularly where there is a history of access to open land, users regard access as ‘de facto’ (a fact) but that does not technically give them any right of access and it remains essential that all users work with landowners and respect their needs and interests rather than potentially creating feelings of resentment or even conflict.

Within enclosed lands and often giving access to open countryside, there a range of access routes which will either be Rights of Way or permissive paths. Rights of Way have been formally asserted and there is a clear right to use them normally for pedestrian access only. The landowner cannot block them or indeed divert them without the permission of the District Council concerned. However, the actual number of asserted rights of way in Northern Ireland is very limited and many routes are actually only what are referred to as ‘permissive paths' or paths where you can go only because the landowner agrees to it. This permissive agreement may be formal with the District Council concerned (often to allow them to justify the cost of doing works to the route) or may again be simply ‘presumed’ in that the landowner does not appear to object.

A case in point in relation to access is the High Mournes. It is the nature of the Mournes that many well known access points do not require users to cross enclosed lands and they can get access straight onto the hills where their access is simply ‘de facto’. However, other access routes into the hills pass through enclosed lands. Some are asserted as a Right of Way such as Trassey Track, but others, such as the Lough Shannagh Path, have never been asserted and no right of access exists.

Whilst much of the High Mournes is owned by Water NI, again no formal agreement exists as to its use although it has been used for recreational access for many years and it would be difficult, not least from a practical perspective, to remove or restrict such access provision.

Another big landowner in the Mournes is Forest Service. In terms of access to Forest Service lands across Northern Ireland, access on foot is normally unrestricted and free of charge. This is currently facilitated through permissive bye-laws although Forest Service has committed itself to the introduction, through pending primary legislation, of a statutory right of pedestrian access to all their forests.

Whether you have a right of access or not the key to all access is that those entering what are fragile and important landscapes behave in a responsible manner. For organised events, it is thus crucially important to talk the owner of the land and to work with them. In the context of the Mournes, it is accepted that this is difficult given that large tracts of land are actually held on a multiple-ownership ‘shareholder’ basis but the District Councils and Mourne Heritage Trust can help advise on any potential issues that might arise.

Behaving Responsibly
With all access comes responsibility. Irresponsible behaviour by a group or even a few individuals causes not only physical damage but strains the goodwill and indeed relationships built up with landowners often over considerable time.
At a wider level, Government Departments and recreational users in Northern Ireland have been involved in promoting and operating the ‘Leave no Trace’ programme as the basis for use of the countryside. The basis of Leave No Trace is very simple, namely: make it hard for others to see or hear you when you are there and literally leave no trace of your visit or activity after you’ve gone.

In essence, it is an ethical programme designed to promote and inspire responsible outdoor recreation through education, research, and partnerships. The ethical element is both knowing what the right thing to do is, and then doing it and everything depends more on attitude and awareness than on rules and regulations. It is guided by 7 principles which are further reflected in Section 5 of this document in the Section, ‘What you should do’. These are:

1. Plan Ahead and Prepare
2. Be Considerate of Others
3. Respect Farm Animals and Wildlife
4. Travel and Camp on Durable Ground
5. Leave What You Find
6. Dispose of Waste Properly
7. Minimise the Effects of Fire

More information on Leave no Trace is available at: Leave No Trace Ireland

For event organisers, behaving responsibly is covered in detail in the next Section but all users of our countryside would do well to know and to live out these principles. If you are really interested, you yourself can be trained up to train others. Again, see the Leave No Trace web-site for details.

5: What you should do when organising an event

Whilst every outdoor user can and should behave in a responsible manner, the main purpose of this guidance is, however, for event organisers. If you are planning to organise a challenge, charity or training event, this checklist will help ensure that it runs smoothly and that the impacts will be minimised and that you will be welcomed back.

Users need to be aware that their actions can impact on the environment but it is important that they also have access to advice and information to help them plan and run events. It is to this end that Government has established www.outdooreventsni.com for information.

Event ‘Scoping’
The main guiding principle is thus that we work together and not in opposition. Because of the background to access in Northern Ireland already explained and the need to avoid damage to the natural environment (which if not managed could actually result in some events being banned or stopped such as historically happened with the Mourne Wall Walk), and the potential for legal action in respect of damage as explained in Section 3, all outdoor event organisers should complete a Scoping Form as part of what we term ‘An Environmental Scoping Exercise’ (an ESE and referred to as an ‘Easy’).

Whilst this is not a compulsory process, it is not only good practice but is supported by the Governing Bodies of Sport and all the main Charities. A link to this Easy form can be found here as a downloadable word document, PDF, or printable electronic version.

The form is easy to complete and the guidance notes detailed later will help in that process.

On completion, or in the process of completion, event organisers can use this form as the basis of discussion and advice from their local authority Countryside Officer, the Countryside Access and Activities Network or, in the Mournes in particular, the Mourne Heritage Trust. Such discussion will centre on the need for any mitigation or protection measures, event timing or other crucial considerations. The presumption is that in the vast majority of cases agreement on these matters will be easily and amicably reached. However, it should be remembered that those same bodies also have responsibility to formally register any unresolved concerns about impacts on designated sites, matters which may have serious implications for event organisers if there is subsequent significant environmental or property damage or legal proceedings.

Any event which has been scoped through the ‘Easy’ process and any agreed mitigation acted on, will be able to state that it being run under ‘Leave no Trace’ principles. This means that it is likely to attract more sponsorship and indeed assure participants that they themselves are not unwittingly causing damage.

Event Management Guidelines
To help organisers plan an event in advance of completing their Easy, here are some useful guidelines.
Event management essentially falls into 3 distinct stages:


Initial Planning

• Plan your event as early as possible and consult widely
• Ask for permissions (for example the landowner(s), Roads Service, Northern Ireland Police Service) and ensure you have appropriate back-up support such as Ambulance and Mountain Rescue if deemed appropriate and necessary
• When planning routes, avoid the creation of new routes or the use of paths which are already suffering from erosion or are susceptible to damage. Specific guidance in this regard is available for the Mournes on www.outdooreventsni.com , see reference to ‘Events Strategy’ in Section 6
• All organisers of charity events should comply with the code of practice prepared by the Institute of Institute of Fundraising to which most of the main charities belong.
• This is the link to their site and the code of practice

Detailed Planning and Mitigation Measures

• Avoid using areas which are vulnerable at particular times of year, e.g. ground-nesting bird sites and fields used for lambing in the early Spring
• Arrange appropriate insurance and contingency cover
• Avoid inappropriate dates and times (like Bank Holidays) and remote locations with poor access
• Use public transport or shared vehicles where possible and be careful where you park so as you do not create access problems for landowners or other road users
• Keep to appropriate participant numbers and brief the entrants thoroughly. ( more detailed advice on this aspect is available on this site)
• Let your participants know this is a special area with special qualities and what those qualities are
• Be aware of the vagaries of the weather and the difference that this can make in terms of potential damage to sensitive landscapes and, habitats
• Respect the needs of landowners and the privacy of all residents
• Take heed of forestry and farming operations
• Acceptable routes or ‘out of bounds’ areas may need to be marked by tapes
• Detailed emergency procedures should be prepared and agreed in advance
• Ultimately, be prepared to abandon your event if circumstances dictate it!

Post Event Measures

• Remove all signs of the event immediately afterwards
• Acknowledge the co-operation you have received from various sources
• Take account of any lessons you can learn for future events
• Share your experience with others here on outdooreventsni
• There is a cost to maintaining footpath networks notably in the Mournes. Event organisers should consider a levy on participants or a donation to the fund listed on the Mourne Heritage Trust website

6: What we now Plan to do and how we can help

Producing these Guidance Notes is only one part of what is necessary to pro-actively manage the recreational use of areas such as the Mournes.

It is known that people generally respond positively to requests to modify their actions or behaviour when they understand why they need to do so. It is thus important that we have a more collaborative approach to resolving access problems or reducing the impacts of use.

In this regard the Mournes Outdoor Recreation Forum has been established in an advisory capacity and steps are being taken to establish other such bodies for areas of high recreational use.

However, the vast majority of people who enjoy informal recreation in the Mournes or the wider countryside do not belong to any organised club or society. They will continue to use the hills, coast and countryside as they have always done.

It is fully recognised that a more holistic approach is required for the management of access that takes into account the prevention of damage to natural and cultural heritage sites by both casual and event-type uses.

In this regard, a non-statutory ‘Event Strategy’ for the Mourne AONB, previously referred to, has already been prepared. This has been designed to help reduce existing negative impacts through positive promotion of robust areas and paths, and through encouraging responsible behaviour by providing appropriate interpretation and advice about minimising adverse impacts in the context of the Mournes.

This also allows us all to work closely with the relevant landowners and address concerns about lack of any contact or late contact from event organisers. Equally it means we can address any concerns of event organisers that they are either being asked to go to unjustified lengths to seek ‘approval’ for what they wish to do or that they simply don’t know what to do.

Further area based Strategies will be prepared and each of these will be subject to appropriate assessment to comply with Article 6 as detailed in Section 3 of this document so as we collectively fulfil our conservation obligations yet enjoy the sustainable use of our special places.

The co-operation of all users and event organisers is key to this sustainable use and is in all our interests. Please feel free to work with us on that basis.