Restrictions on approval of application: general5.

(1)

The Scottish Ministers shall not approve an application which relates to land which–

(a)

is occupied by a tenant unless the owner of that land has given consent in writing to the occupier’s application in such form as the Scottish Ministers may require; or

(b)

is occupied by a grazings committee unless that committee, pursuant to section 50 of the Crofters (Scotland) Act 1993, has obtained the approval of the Crofters Commission and the consent of the landlord, and that consent has been entered in the Register of Crofts referred to therein.

(2)

For the purposes of sub-paragraph (1)(a) above, “owner” means proprietor of the dominium utile, and where land is occupied by a sub-tenant, includes a superior tenant.

(3)

The Scottish Ministers shall not approve an application under paragraph 3(1) which relates to land which, in their opinion, has been converted to woodlands or had carried out on it any operations relating to such conversion, whether or not such conversion or operations were carried out in pursuance of a written agreement made with the Forestry Commissioners under the Scottish Forestry Grants Scheme.

(4)

The Scottish Ministers shall not approve an application which relates to land–

(a)

which is to be planted with trees as a condition of a felling licence granted by the Forestry Commissioners under section 10 of the Forestry Act 19678;

(b)

on which trees have been felled without the authority of a felling licence granted under Part II of the Forestry Act 1967 in circumstances where section 9(1) of that Act applies so as to require such a licence;

(c)

which is to be planted with trees pursuant to a restocking notice served by the Forestry Commissioners under section 17A of the Forestry Act 19679; or

(d)

which is to be planted with trees pursuant to a notice served by the Forestry Commissioners under section 24(2) of the Forestry Act 1967.

(5)

The Scottish Ministers shall not approve an application which relates to any land which is to be converted to woodlands–

(a)

where the converted land is also intended for agricultural use, other than the harvesting of an agricultural crop growth as a result of planting woodland by sowing a mixture of tree seeds and seeds of an agricultural crop;

(b)

intended to be managed as coppice; or

(c)

where the trees, other than nurse trees, are intended to be used as Christmas trees.

(6)

The Scottish Ministers shall refuse to approve an application which relates to any land if it appears to them that the conversion to woodlands of that land would frustrate the purpose of any assistance previously given or to be given out of money provided by or under any statutory provision or by the European Community, or that the payment of grant under this Scheme in respect of that land would duplicate any such assistance.