Local Authorities (LA) can control access to water as there is no general right of access across the foreshore and neighbouring land, LAs who own or control launch sites have the option to manage access through a number of conditions.

There are a number of factors, which will affect the success of controlling access points:

• Depending on the demand identified in the situation assessment, it may be appropriate to identify single use or multi use slipways for launching of craft. Consideration needs to be given to the demand for other facilities such as the provision of car and trailer parking as well as changing and toilet facilities. Provision of freshwater for engine flushing and sound baffling will also encourage the use of certain access points. Users will be more tolerant of regulation and charges if facilities are adequate and the site is a prime site locally for launching and use. A management decision to welcome users to a suitable location and to improve facilities there is likely to relieve pressure on less suitable places.
• The likelihood of significant nuisance or interaction with other users, can also be addressed by identifying single use access points. Consideration will also need to be given to safety considerations, bathing zones are an example where bathing beaches will need to be zoned to protect the physical safety of bathers. There may be a need to liaise with beach safety organisations.
• Environmental sensitivities of nearby areas can also be protected through the encouragement of clearly identified access points. Adequate liaison with the local conservation agencies and their officers should help identify local solutions to these issues. The provision of information and codes of practice developed with the users can help address these environmental issues.

A local authority’s primary function is to administer the land, including the seashore down to low water. Its powers reflect this. However activities also take place in the water margin, there has been a gradual accretion of additional powers for example to provide facilities and to protect users of beaches. The powers of a local authority to administer a site registration and launch permit schemes derive from its rights as the land owner, and from s.19 Local Government (Miscellaneous Provisions) Act 1976. The Act empowers the authority to provide recreational facilities for boating and water skiing on coastal waters, together with associated facilities (such as car parks) and to make available to those the authority thinks fit, either with or without charge.

This power enables an authority to set up a scheme involving:

• Identification of user and craft
• Registration of craft
• Payment of registration and launch fees
• Proof of competence
• Proof of third party insurance cover
• Prohibition of use by those affected by drugs or alcohol

No byelaws are required to actually implement such a scheme, but if an authority decides it needs to penalise unauthorised use of the site, it may introduce byelaws using:

• s82 Public Health Acts Amendment Act 1907 (for the seashore)
• s235 Local Government Act 1972 (facilities above the seashore)

Before restricting use of a site in this way, the authority must satisfy itself that no right exists by custom or usage for the public or local inhabitants to launch their vessels there.