Mountain, Moorland, Heath and Down (Hansard, 20 December 2001)

§ Lord Whitty

Section 1(2) of the Countryside and Rights of Way Act 2000 defines "mountain, moor, heath or down" as excluding any land which appears to the Countryside Agency or the Countryside Council for Wales to consist of improved or semi-improved grassland. Subject to that qualification, the Act defines "mountain" as including any land which is more than 600 metres above sea level.

The duty to prepare maps of open country (mountain, moor, heath, or down) and registered common land lies with the two countryside bodies. The Countryside Agency's criteria for identifying mountain, moor, heath and down are set out in its published mapping methodology which explains in detail how the agency will approach the task of preparing the maps. The methodology summarises the characteristics of each of the land types which comprise open country as follows:

Mountain—all land over 600 metres above sea level and other upland areas comprising rugged and steep land, crag, scree, fell, or other bare rock and associated rough vegetation. It does not include coastal cliffs. It includes semi-natural upland vegetation, but does not include agriculturally improved or semi-improved grassland. It may include areas of bracken, scattered trees, open water, rivers, streams, bogs, mires, bare peat, or a mosaic of these.

Moor—land usually of an open character with semi-natural vegetation such as; mires (including blanket bog), heaths, rough unimproved acid grassland, and upland calcareous grassland. It does not include agriculturally improved or semi-improved grassland, but may include areas of unimproved bent-fescue grassland, scattered trees, scrub, bracken, open water, rivers, streams, bare peat, rock outcrops or other bare ground, or 92WA a mosaic of these. Moor usually occurs in upland areas but may also be found in lowland areas.

Heath—land of a generally open character, usually characterised by natural ericaceous dwarf shrubs. Heath usually occurs in lowland areas on nutrient poor soils. The typical vegetation types are heathers, gorse, bilberry, mires, scrub, unimproved grassland, and bracken. It does not include agriculturally improved or semi-improved grassland, but may include areas of scattered or dense naturally regenerating trees, open water, rivers, streams, carr, sand or other bare ground, or a mosaic of these.

Down—land comprising semi-natural grassland in areas of chalk or limestone geology generally within an open landscape. The typical vegetation type is unimproved grassland often with scattered scrub. It does not include agriculturally improved or semi-improved grassland, but may include areas of scattered trees, dwarf shrubs, streams, springs, or a mosaic of these.