THE ARMY'S right to train on Dartmoor may be challenged by the Dartmoor Preservation Association under the Water Act.
The army has confirmed that it is planning to renew its permission to train on Cramber Tor and Combshead when the current licence expires in July.
The Water Act 1989, under which the water industry was privatised, states in Section 152 that the water companies shall not dispose of any interest in the land without the consent of the Secretary of State for the Environment. The renewal of a licence constitutes the disposal of an interest in the land, the DPA argues.
Its chief executive John Bainbridge said he would write to South West Water, which owns the land where the army trains at Cramber Tor and Combshead, asking for a reference to the Secretary of State.
'He ought to call a public inquiry, otherwise he could be in breach of the Human Rights Act,' said Mr Bainbridge.
The DPA hopes to prevent the army renewing its licence to the 2,250-acre area of the moor north of Plymouth. It is common land used for grazing and classified as a site of special scientific interest.
The army has denied any intention to close the moor to public access. Lt-Col Charlie Nutting said the army had no right to deny public access on most of the land used for training, except for safety, and had no reason to do so. The Defence Ministry owned Willsworthy but had an agreement to allow public access there. There was no intention to extend military training on the moor.
Access was prohibited for training only when necessary, though there were sometimes short-notice cancellations due to weather.
He denied the DPA's assertion that the army's requirement for training was smaller because the army itself was smaller. 'A greater proportion of troops based in the UK are fighting troops who need training,' he said.
A public inquiry into the army's use of Dartmoor was held in 1973, which the army won, because it could not be shown that there were practical alternatives in Devon or Cornwall.