NOTHING IN THIS ACT PROVIDES FOR ANY ENCLOSURE OR RESTRICTIONS TO ACCESS EITHER BY HORSE OR ON FOOT OR TO CREATE RIGHTS OF WAY.

Says Tony Barnett

THIS IS A VESTING IN THE COUNCIL, SIMULAR AS THE s9-45 ACTS PUT IN PLACE FOR THE COUNCILS PROTECTION, THE ACT DOES NOT BESTOW ANY ACTS OF RESTRICTIONS TO ACCESS, OR TO "MEDDLE" WITH THE SOIL.
SECTION 8 s1, THE COUNCIL AND COMMISSION, SHALL EACH HAVE A DUTY TO USE THEIR "REASONABLE ENDEAVOURS TO EXERCISE THEIR FUNCTIONS IN A MANNER WHICH

- RESTORES AND CONSERVES THE COMMON AS A PEACEFUL PLACE OF NATURAL BEAUTY AND IN PARTICULAR CONSERVES ITS FLORA AND FAUNA AND ECOLOGICAL, GEOLOGICAL ARCHAEOLOGICAL AND PHYSIOGRAPHICAL FEATURES.

- CONSERVE ANY PART OF THE COMMON SUBJECT TO SCIENTIFIC INTEREST( THIS DOES NOT MEAN INTERFERENCE FROM, IE SELECTIVE INTERESTS, SSSI).

- (1) PROMOTES AND IMPROVES GRAZING(AS COMMON LANDS ARE A CONSERVATION AREA OF NATURAL PHENOMENA, "MELIORATION" IS PROHIBITED)

- (2) PROMOTES EDUCATIONAL ACTIVITIES RELATED TO THE COMMON AND IN PARTICULAR ENCOURAGES PUBLIC AWARENESS OF THE ECOLOGICAL, CULTURAL AND HISTORIC SIGNIFICANCE OF THE COMMON AND ANY ADDITIONAL OPEN SPACE.

- (3) MANAGES THE COMMON AND ANY ADDITIONAL OPEN SPACE AS A PLACE OPEN TO THE PUBLIC FOR RECREATIONAL PURPOSES.

- (4) FACILITATES THE EXERCISE OF COMMONERS RIGHTS ON THE COMMON.

NOTHING IN THIS ACT PROVIDES FOR ANY ENCLOSURE OR RESTRICTIONS TO ACCESS EITHER BY HORSE OR ON FOOT OR TO CREATE RIGHTS OF WAY.

THE COMMISSIONERS OFFICE WAS MADE REDUNDANT BY THE CONSERVATIVES.

THE RIGHTS AND OBLIGATIONS OF THE COMMONER.

(2) INTERFERENCE WITH THE SOIL,

IT SEEMS THAT THE GRAZIER COMMONER MAY NOT INTERFERE WITH THE SOIL OR ITS PRODUCTS, EVEN IF THE INTENTION IS TO IMPROVE THE QUALITY OF THE COMMON.

THE LACK OF RIGHTS WAS SUMMARISED THUS: ... NEITHER CAN A COMMONER DO ANYTHING UPON THE SOILE WHICH TENDS TO THE MELIORATION OR IMPROVING OF THE COMMON, AS TO CUT BUSHES, FERNE OR SUCH THINGS WHICH DO MUCH IMPAIRE THE COMMON, NEITHER CAN HE MAKE A FENCE OR DITCH TO LET OUT WATER WHICH SPOILES THE COMMON... AND AS SUCH THE COMMONER MAY NOT MEDDLE WITH THE SOILE, SO CANNOT HE MEDDLE WITH ANYTHING ARISING OUT OF THE LAND, OR THAT DOTH GROW OR IS NOURISHED BY THE SAME. (Samborne-v-Harilo also coopers case 1586, Sir Simon de Harcourt's case 1520).

INTERFERING WITH THE SURFACE THEREFORE IS AGAINST THE LAWS ON COMMON LANDS AS IN: Carril-v-Baker 1613... IF THE COMMONER DOES ANYTHING de novo IN THE LAND HE IS A TRESPASSER. GADSDEN