Benefits of Regulated Benefits of Regulated Common GrazingsCommon Grazings

Benefits of Regulated Benefits of Regulated Common GrazingsCommon Grazings

Archie MacnabHead of Land Use and

Regulation

Archie MacnabHead of Land Use and

Regulation

RegulationRegulationRegulationRegulation

• Definition• Five key principles

– Transparent– Accountable– Proportionate– Consistent– targeted

• Definition• Five key principles

– Transparent– Accountable– Proportionate– Consistent– targeted

Legal Status of Shareholder

Legal Status of Shareholder

• secure legal rights of occupation and use of common grazings as part of their croft tenancy.

• the rights of crofting tenants in community owned common grazings enjoy the same protection afforded to both in-bye croftland and common grazings by successive Crofters Acts.

• secure legal rights of occupation and use of common grazings as part of their croft tenancy.

• the rights of crofting tenants in community owned common grazings enjoy the same protection afforded to both in-bye croftland and common grazings by successive Crofters Acts.

Legal Basis for RegulationsLegal Basis for RegulationsLegal Basis for RegulationsLegal Basis for Regulations

• The Crofters Common Grazings Regulations Act 1891

• Crofters (Scotland) Act 1955

• The Crofters Common Grazings Regulations Act 1891

• Crofters (Scotland) Act 1955

Grazings CommitteeGrazings CommitteeGrazings CommitteeGrazings Committee

• To make and administer with a view to due observance Grazings Regulations

• To maintain, provide and replace fixed equipment

• To carry our works of improvement• To carry out and implement

approved purposeful use

• To make and administer with a view to due observance Grazings Regulations

• To maintain, provide and replace fixed equipment

• To carry our works of improvement• To carry out and implement

approved purposeful use

RegulationsRegulationsRegulationsRegulations

• The extent of the grazings• The role of grazings committee• The number of shares• The stock each shareholder is

allowed• Recovery of expenses• Cutting peats

• The extent of the grazings• The role of grazings committee• The number of shares• The stock each shareholder is

allowed• Recovery of expenses• Cutting peats

New ProvisionsNew ProvisionsNew ProvisionsNew Provisions

• Create new common grazings• Joint venture with owners to

develop woodlands• Other use of the grazings• Breach of Grazings Regulations• Township Reports

• Create new common grazings• Joint venture with owners to

develop woodlands• Other use of the grazings• Breach of Grazings Regulations• Township Reports

Breach of Grazings Breach of Grazings Regulations Regulations

Breach of Grazings Breach of Grazings Regulations Regulations

• Consider by the Crofters Commission• Order to make good any damage• Suspend the person’s share• Make a single extension of time to

make good any damage• Terminate the person’s share • Apportion the share or part to other

shareholder(s)

• Consider by the Crofters Commission• Order to make good any damage• Suspend the person’s share• Make a single extension of time to

make good any damage• Terminate the person’s share • Apportion the share or part to other

shareholder(s)

Township reportsTownship reportsTownship reportsTownship reports• The Condition of the common

grazings• The condition of every croft of every

crofter sharing in the grazings• The condition of every owner

occupied croft by an owner occupier sharing the grazings

• Any other matter the Crofting Commission may require

• The Condition of the common grazings

• The condition of every croft of every crofter sharing in the grazings

• The condition of every owner occupied croft by an owner occupier sharing the grazings

• Any other matter the Crofting Commission may require

Common GrazingsCommon GrazingsCommon GrazingsCommon Grazings

• About 1000 common grazings

• Approx 900 regulated

• 550000 Ha

• About 1000 common grazings

• Approx 900 regulated

• 550000 Ha

Regulated Grazings Regulated Grazings Regulated Grazings Regulated Grazings

• 877 regulate grazings – 509 with committees– 368 without committees

• This equates to 42% of townships having no valid regulations

• Review of the current system

• 877 regulate grazings – 509 with committees– 368 without committees

• This equates to 42% of townships having no valid regulations

• Review of the current system

ModernisationModernisationModernisationModernisation

• Community ownership• Introduction of new duties • Changes in agri-support systems• New uses for common grazings

• Community ownership• Introduction of new duties • Changes in agri-support systems• New uses for common grazings

ChallengesChallengesChallengesChallenges

• No one to implement the Regulations

• Cannot manage bank account• Commission cannot consult with

the township• Public bodies cannot engage with

the township

• No one to implement the Regulations

• Cannot manage bank account• Commission cannot consult with

the township• Public bodies cannot engage with

the township

The FutureThe FutureThe FutureThe Future

• Address the lack of engagement

• Modernising the legal framework and governance arrangements.

• Grazings Committees be allowed to claim Single Farm Payment

• Address the lack of engagement

• Modernising the legal framework and governance arrangements.

• Grazings Committees be allowed to claim Single Farm Payment

Discussion TopicsDiscussion TopicsDiscussion TopicsDiscussion Topics• Address the lack of engagement by

shareholders in the management of common grazings, at the same time as modernising the legal framework and governance arrangements.

• Place the value of common resources within the wider context of local social, economic and environmental development with a view to retaining any benefits both existing and future within in the local economy.

• Address the lack of engagement by shareholders in the management of common grazings, at the same time as modernising the legal framework and governance arrangements.

• Place the value of common resources within the wider context of local social, economic and environmental development with a view to retaining any benefits both existing and future within in the local economy.

Two QuestionsTwo QuestionsTwo QuestionsTwo Questions

• What can the Commission do; and

• What can the crofters/shareholders do to achieve this?

• What can the Commission do; and

• What can the crofters/shareholders do to achieve this?