Nettlebed and District Commons
Nettlebed and District Commons
(Preservation) Act 1906
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Byelaws
Made by the
Nettlebed and District Commons Conservators
With Respect To
Nettlebed Common, Lower Common Wood,
Oxlands Bottom, Highmoor Common Wood,
Highmoor Common, Witheridge Hill Common,
Kingwood Common, Peppard Common
For the
Prevention of Nuisances & the Preservation of
Order upon these Commons.
1. In the construction of these Byelaws ‘the conservators’ means the Nettlebed and District Commons Conservators, constituted by the Nettlebed and District Commons (Preservation) Act, 1906. ‘The Commons’ means, Nettlebed Common, Lower Common Wood, Oxlands Bottom, Highmoor Common Wood, Highmoor Common, Witheridge Hill Common, Kingwood Common and Peppard Common, as defined by the said Act and shown upon the ‘signed plan’ referred to in the said Act. ‘Model aircraft’ means an aircraft which either weighs not more than five kilograms without its fuel or is for the time being exempted (as a model aircraft) from provisions of the air navigation order. ‘Power driven’ means driven by the combustion of petrol vapour or other combustible vapour or other combustible substances.
In these Byelaws the expression ‘firearm’ means any lethal barrelled weapon of any description which from any shot, bullet or other missile can be discharged.
2. No person shall except in pursuance of a lawful agreement with the conservators post or paint any bill, placard, advertisement or notice on any tree or fence or notice board on the Commons.
3. No person shall without lawful excuse or authority on the Commons kill, molest or intentionally disturb any animal, bird or fish or engage in hunting, shooting or fishing, or the setting of traps or nets or the laying of snares.
4. No person shall except in pursuance of a lawful agreement with the conservators draw or propel on any part of the Commons, any carriage, cart, caravan, truck, motor car, cycle or other vehicle other than :
(a) A wheeled bicycle or similar machine provided such machine shall not be power driven
(b) A wheel chair or perambulator drawn or propelled by hand and used solely for the conveyance of a child or children or an invalid.
5. No person shall except in pursuance of a lawful agreement with the conservators erect or permit to remain on the Commons any building, post, fence, shed, tent, caravan, pavilion or other structure, vehicle or trailer.
6. No person shall place on the Commons any show, exhibition, swing, roundabout, or other like thing, or sell or offer to expose for sale, or let to hire, or offer or expose for letting to hire any commodity or article except in pursuance of an agreement with the conservators.
7. No person shall light a fire on the Commons or place or throw or let fall a lighted match or any other thing so as likely to cause a fire.
8. No person shall except in the exercise of any lawful right or privilege have in his possession while he is on the Commons any firearm unless it is so covered with a securely fastened gun cover that it cannot be fired.
9. No person shall throw or discharge any missile to the danger or annoyance of any other person on the Commons.
10. No person shall break in any horse on the Commons, except in such places as may be from time to time set apart by the conservators by means of notices exhibited on the Commons.
11. No person shall except in the pursuance of a lawful agreement with the conservators turn out or permit any animals to graze on the Commons.
12. No person shall cause or suffer a dog belonging to him or in his charge to remain on the Commons unless such a dog be and continue to be under proper control and be effectually restrained from causing annoyance to any person and from worrying or disturbing any animal.
13. Where by notices exhibited on the Commons the conservators have from time to time set apart any parts of the Commons upon which persons may play games, hold athletic sports and agricultural or other shows exhibitions and entertainments, or for the assemblage of persons thereon, no person shall on any part of the Commons so set apart as aforesaid :-
a) Drive or ride among, or to the danger or annoyance or persons assembled for the above-mentioned purposes.
b) Injure by riding or passing over with any vehicle the portions set apart for cricket pitches, golf greens or for the games of tennis, croquet, bowls or similar games requiring level turf.
c) Resort to assemble with other persons on, or attempt to occupy any such part so as to interfere with or cause annoyance to any person or persons already occupying such part and using it for the purposes for which it has been set apart.
14. No person shall on the Commons, except in the case of accident or other emergency :-
a) Take off or land any glider, manned or unmanned weighing in total more than five kilograms or any other aircraft weighing more than five kilograms without its fuel
b) Fly any such glider or aircraft in such a manner so as likely to cause undue interference with the enjoyment of the Commons by persons lawfully on the Commons.
15. :-
a) No person on the Commons shall release any power driven model aircraft for flight or control the flight of such an aircraft.
b) No person shall cause any power driven model aircraft to take off or land on the Commons.
16. No person shall by operating or causing or suffering to be operated any wireless set, gramophone, amplifier, tape recorder or similar instrument, make cause or suffer to be made any noise which is so loud or so continuous or repeated as to give
reasonable cause for annoyance to other persons on the Commons.
17. Any officer of the conservators or any person appointed by the conservators may remove from the Commons :-
a) Any vehicle as aforesaid drawn or propelled upon the Commons, any structure, show, exhibition, swing and roundabout, vehicle or trailer as aforesaid erected or remaining thereon, any cattle, sheep or other animal being thereon , where the same are being drawn or propelled, or are erected, on the Commons, as the case may be, in contravention of the Byelaws.
b) Any cattle, sheep or other animal suffering from disease, or
c) After due warning any person who within his or her view commits an offence against these Byelaws or against the Vagrancy Act 1824 (as amended).
18. Nothing in or done under any of the provisions of the foregoing byelaws shall in any respect prejudice or injuriously affect the rights of any person acting legally by virtue of some estate right or interest in or over or affecting the Commons.
19. Every person who shall offend against any of the foregoing Byelaws, or who shall hinder or intentionally obstruct any officer of the conservators or any person appointed by the conservators in the exercise of his or her powers and duties under the said Acts or the Byelaws shall be liable on summary conviction to a fine not exceeding £100.
20. An act necessary to the proper execution of his duty on the Commons by an officer of the conservators or which is necessary to the proper execution of any contract with the conservators, shall not be deemed an offence against the Byelaws.
21. The series of Byelaws made by the conservators on 11 May 1907 and confirmed on 3 July 1907 is hereby repealed.
Footnotes
The Commons are subject to the following Acts:
The Litter Act(s) 1983 and refuse Disposal (Amenity) Act 1978
The dumping of road sand, dung, rubbish and other offensive matter is prohibited under these Acts.
The Criminal Damage Act (1971)
The Thefts Act (1968) and (1978)
The Firearms Act 1968
The removal of turf, sods, gravel, sand, clay or other substance from the Commons and the cutting or felling or injuring of timber, shrubs, brushwood or other plants growing thereon, is prohibited under these Acts.
Approved at a Meeting of the Nettlebed & District Commons Conservators, held on the thirty first day of October 1986, in testimony whereof the Common Seal of the said Conservators is hereunto fixed.
NICHOLAS P.V. FLEMING (Chairman)
Seal of the
Nettlebed and District
Commons Conservators
Commons Conservators
D. ROBERT REED (Deputy Chairman)
The foregoing Byelaw(s) are hereby confirmed by the Secretary of State and shall come into operation on the 22nd day of January 1987
The foregoing Byelaw(s) are hereby confirmed by the Secretary of State and shall come into operation on the 22nd day of January 1987
Signed by authority of the Secretary of State
Q. J. THOMAS
An Assistant Under Secretary of State
Q. J. THOMAS
An Assistant Under Secretary of State
Please note.
These Bylaws are currently being revised
These Bylaws are currently being revised