Crofters (Scotland) Act 1993

50 Use of common grazings for forestry purposes. S

(1) Where a grazings committee or any crofter [F1 who holds a right] in the common grazing proposes that the committee should, in exercise of their power under section 48(4) 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 [F2 owner] of the common grazing,

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

(2) [F3 An owner's] consent—

(a) shall be in writing;

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

[F4 (bb) may be given subject to conditions provided that those conditions are reasonable;]

(c) shall be intimated to the Commission by the [F5 owner] 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 [F6 owner's] interest.

[F7 (2A) An owner may refuse consent on (and only on) the grounds that implementation of the proposal would—

(a) adversely affect the exercise of any rights which he has under or by virtue of Schedule 2 to this Act;

(b) prevent an intended resumption by virtue of section 20(1) of this Act;

(c) be detrimental to the sound management of the estate which comprises the land;

(d) cause hardship to a crofter who shares in the common grazing;

(e) cause the owner undue hardship; or

(f) lessen significantly the amenity of (either or both)—

(i) the land;

(ii) its surrounding area;

and without prejudice to subsection (2B) below any refusal shall be in writing and shall specify the grounds of refusal.

(2B) If, within six weeks after application under subsection (1)(b) above, there has neither been written consent nor written refusal, the owner shall be deemed to have refused the application.

(2C) If, on an application—

(a) under sub-paragraph (i) of section 53(1)(e) in relation to a consent applied for under subsection (1)(b) above but refused, the Land Court is not satisfied that any of the grounds mentioned in subsection (2A) above has been made out, it may determine that the consent is to be deemed given, or

(b) under sub-paragraph (ii) of that section in relation to a consent so applied for but granted subject to a condition, the Land Court is not satisfied that the condition is reasonable, it may determine that the consent is to be deemed given—

(i) free of the condition; or

(ii) subject instead to a condition specified in the determination.]

(3) [F8 An owner'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.

[F9 (4) In this section, “owner's consent” means the consent of the owner referred to in subsection (1)(b) above (or a deemed such consent);]

[F10 (5) This section is without prejudice to section 50A of this Act and is subject to the terms of any agreement under that section.]

Textual Amendments

F1 Words in s. 50(1) substituted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 26(1)(a)(i), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

F2 Word in s. 50(1)(b) substituted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 26(1)(a)(ii), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

F3 Words in s. 50(2) substituted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 26(1)(b)(i), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

F4 S. 50(2)(bb) inserted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 26(1)(b)(ii), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

F5 Word in s. 50(2)(c) substituted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 26(1)(b)(iii), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

F6 Word in s. 50(2)(e) substituted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 26(1)(b)(iv), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

F7 S. 50(2A)-(2C) inserted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 26(1)(c), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

F8 Words in s. 50(3) substituted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 26(1)(d), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

F9 S. 50(4) substituted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 26(1)(f), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

F10 S. 50(5) added (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 26(1)(g), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.