2Enabling environmental uses of crofts(1)

The 1993 Act is modified as follows.

(2)

In section 5B (crofters: duty not to misuse or neglect croft)—

(a)

for subsections (2) and (3), substitute—(2)

A crofter misuses a croft where the crofter—

(a)

wilfully and knowingly uses it otherwise than for the purpose of its being—

(i)

cultivated,

(ii)

put to any environmental use, or

(iii)

put to such other purposeful use as is consented to under section 5C(4), or

(b)

fails to—

(i)

use the croft for the purposes of its being cultivated,

(ii)

put the croft to any environmental use, or

(iii)

put the croft to another purposeful use.

(3)

A crofter neglects a croft where the croft is not managed so as to meet the standards of good agricultural and environmental condition referred to in regulation 3(2) of, and in Part 2 of the schedule to, the Common Agricultural Policy (Cross-Compliance) (Scotland) Regulations 2014 (S.S.I. 2014 No. 325) (except in so far as the use of the croft for a use mentioned in paragraph (a)(ii) or (iii) of subsection (2) is incompatible with the croft being kept in accordance with such standards).

(b)

subsection (4) is repealed.

(3)

In section 5C (crofters: duty to cultivate and maintain)—

(a)

for subsection (2), substitute—(2)

Those duties are that the crofter—

(a)

must by themselves or with their family, with or without hired labour—

(i)

cultivate the croft,

(ii)

put it to any environmental use, or

(iii)

put it to another purposeful use,

(b)

must ensure that every part of the croft which is capable of being cultivated or put to a use mentioned in paragraph (a)(ii) or (iii) is so cultivated or used,

(c)

must keep the croft in a fit state for cultivation (except in so far as the use of the croft for a use mentioned in paragraph (a)(ii) or (iii) is incompatible with the croft being kept in such a state).

(b)

in subsection (3), for “(b)” substitute “(c)”,

(c)

in subsection (4), for “(2)(a)(ii)” substitute “(2)(a)(iii)”,

(d)

in subsection (8), in the definition of “purposeful use”, in the opening words, after “and” insert “actively”,

(e)

after subsection (8), insert—(8A)

In this section and section 5B, “environmental use” means any planned and actively managed use that is intended to provide an environmental benefit and does not adversely affect the croft or the use of adjacent land, which may include (but is not limited to) the person engaging in a use for the purpose of—

(a)

peatland restoration,

(b)

habitat creation and restoration,

(c)

water management (for example, the making or improving of watercourses, ponds or wells),

(d)

preserving, protecting, restoring, enhancing or otherwise improving the natural heritage or environment,

but may not include the person engaging in a use for the purpose of the generation, transmission or storage of energy.

(8B)

Without prejudice to the generality of subsection (8A), the Scottish Ministers may by regulations modify that subsection to add, amend, remove or exclude a purpose.

(4)

In section 19C (duties of owner-occupier crofters)—

(a)

in subsection (2), for paragraphs (c) and (d), substitute—(c)

must by themselves or with their family, with or without hired labour—

(i)

cultivate the croft,

(ii)

put it to any environmental use, or

(iii)

put it to another purposeful use,

(d)

must ensure that every part of the croft which is capable of being cultivated or put to a use mentioned in paragraph (c)(ii) or (iii) is so cultivated or used,

(e)

must keep the croft in a fit state for cultivation (except in so far as the use of the croft for a use mentioned in paragraph (c)(ii) or (iii) is incompatible with the croft being kept in such a state).

(b)

for subsections (3) and (4), substitute—(3)

For the purposes of subsection (2)(b), an owner-occupier crofter misuses an owner-occupied croft where the owner-occupier crofter—

(a)

wilfully and knowingly uses it otherwise than for the purpose of its being—

(i)

cultivated,

(ii)

put to any environmental use, or

(iii)

put to such other purposeful use, or

(b)

fails to—

(i)

use the croft for the purpose of its being cultivated,

(ii)

put the croft to any environmental use, or

(iii)

put the croft to any other such purposeful use.

(4)

For the purposes of subsection (2)(b), an owner-occupier crofter neglects an owner-occupied croft where the croft is not managed so as to meet the standards of good agricultural and environmental condition referred to in regulation 3(2) of, and in Part 2 of the schedule to, the Common Agricultural Policy (Cross-Compliance) (Scotland) Regulations 2014 (S.S.I. 2014 No. 325) (except in so far as the use of the croft for a use mentioned in paragraph (a)(ii) or (iii) of subsection (3) is incompatible with the croft being kept in accordance with such standards).

(c)

in subsection (5), for “(d)” substitute “(e)”,

(d)

subsection (6) is repealed,

(e)

after subsection (8), insert—(8A)

In this section, “environmental use” has the meaning given in section 5C(8A).

(5)

In section 60(3) (regulations and orders), in paragraph (b), after “under” insert “section 5C(8B)”.