In previous articles we’ve touched on the responsibilities of landowners who keep “non-dangerous” livestock on land crossed by a public right of way.
It is fairly obvious to most people that keeping dangerous wild animals on land crossed by a public right of way is a criminal offence. What is less obvious is that it is also an offence to keep certain categories of livestock which may pose a threat to walkers and riders such as certain breeds of dairy bull over 10 months old, or cows with calves.
More generally, under current health and safety at work legislation, there is a duty on employers and self employed people to conduct their business in such a way to ensure that, as far reasonably practicable, the public are not exposed to health and safety risks. Whilst this less restrictive approach provides landowners with greater scope to decide where to graze “non-dangerous” livestock it still requires landowners to think about whether or not those animals may constitute, in certain circumstances, a danger to the public crossing the land.
Reducing the risk to the public
The Health and Safety Executive has produced guidance as to the type of precautions that should be taken when keeping cattle on land crossed by public rights of way. In summary, this requires landowners to assess the likely volume of public access and the type of walkers e.g. young children and/or those with dogs, and then gauge the level of precautions required accordingly. In addition, landowners should consider whether the cattle are generally placid and well-behaved or whether it is known, or suspected, that some animals may be aggressive.
Examples of suggested precautions include:-
- Remove the risk in certain circumstances e.g. don’t put cattle that are calving in a field with a right of way used by large numbers of dog walkers;
- Erecting temporary fencing along the right of way; and
- Place feeding stations as far away from the right of way to reduce the possibility of walkers and cattle being at the same place in the field.
Safety signs may also be used to deter the public from wandering from the right of way onto land where dangerous animals may be kept. However, it is worth checking that such signs conform to relevant legislation and use suitable wording so that the public are not misled. In the event of any uncertainty you should seek legal advice or, if you are an NFU member, you could contact the NFU CallFirst service for initial advice.
For more information or advice on animals near rights of way, please contact
Jane Senior.
October 2011
First published in the autumn 2011 edition of News from the Farming and Rural Business Unit.
