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Crofter Forestry (Scotland) Act 1991

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1Use of common grazings for forestry purposes

(1)After subsection (1B) of section 25 of the [1955 c. 21.] Crofters (Scotland) Act 1955 (powers and duties of grazings committees) there shall be inserted the following subsections—

(1C)Subject to section 26A of this Act and to subsections (1D) and (1E) below, where the grazings committee have obtained the approval and consent referred to in subsection (1) of that section they may plant trees on, and use as woodlands, any part of the common grazing in accordance with the approval and consent.

(1D)Where any crofter interested in the common grazing requests them to do so, the grazings committee shall exercise their power under subsection (1C) above.

(1E)The power of the grazings committee under subsection (1C) above shall not be exercised in such a way that the whole of the common grazing is planted with trees and used as woodlands.

(2)After section 26 of that Act there shall be inserted the following section—

26AUse of common grazings for forestry purposes

(1)Where a grazings committee or any crofter interested in the common grazing proposes that the committee should, in exercise of their power under section 25(1C) of this Act, plant trees on, and use as woodlands, any part of the common grazing, the committee shall apply for—

(a)the approval of the Commission; and

(b)the consent of the landlord of the common grazing,

to the use as woodlands of the part of the common grazing concerned.

(2)A landlord’s consent—

(a)shall be in writing;

(b)shall specify the part of the common grazing to which it relates;

(c)shall be intimated to the Commission by the landlord or the grazings committee;

(d)shall not take effect until it is entered in the Register of Crofts; and

(e)shall, when entered in that Register, be binding on the successors to the landlord’s interest.

(3)A landlord’s consent shall cease to have effect if the grazings committee have not commenced planting of trees on the part of the common grazing to which the consent relates on the expiry of the period of seven years beginning with the date on which the consent is entered in the Register of Crofts.

(4)In this section—

  • “landlord’s consent” means the consent of the landlord referred to in subsection (1)(b) above; and

  • “Register of Crofts” means the Register maintained under section 3 of the [1961 c. 58.] Crofters (Scotland) Act 1961.

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