Part 4

Conservation of common

Grazing agreements
22
1
Subject to subsections (2) to (4) below, the Commission may enter into agreements, on such terms (including the payment of grazing fees) and subject to such conditions as the Council may approve, permitting any person to graze animals over the whole or any part of—
a
the Common;
b
any additional open space which is subject to rights of common;
c
any additional open space which is not so subject; or
d
any land which is subject to an agreement made under section 21(3)(b) (Functions of Commission) above.
2
The Commission shall not enter into a grazing agreement under this section in respect of—
a
the Common;
b
any part of the Common; or
c
any additional open space falling within subsection (1)(b) above,
unless the Commission is satisfied that the exercise of grazing rights under the agreement will not, when taken together with such rights of common as are normally exercised over the land in question, result in that land being grazed by a number of animals, or animals of any description, which exceeds any number fixed under regulations as mentioned in section 23(3) (Regulations as to management of commoners' rights) below.
3
The Council may, after consultation with the Commission, fix the maximum number of animals or animals of any description which may, in any financial year, be grazed on any land falling within paragraph (a), (b), (c) or (d) of subsection (1) above; and the total number of animals, or animals of any description, permitted to be grazed on any such land shall not exceed any number so fixed.
4
Without prejudice to the generality of subsection (3) above, the Council may determine that, in any financial year, no animals or no animals of any particular description may be grazed on any land falling within paragraph (a), (b), (c) or (d) of subsection (1) above.
5
Nothing in subsection (3) or (4) above shall affect any rights of common.
6
Subject to subsection (7) below, all grazing fees received by the Commission under agreements entered into under this section—
a
shall be paid by the Commission to the Council to reimburse the Council for the costs incurred by the Council in promoting this Act; and
b
if those costs have been fully recovered by the Council, or if and to the extent that the Council waive or defer their right to receive grazing fees under this subsection, shall be retained by the Commission for the discharge of its functions under this Act.
7
Until such time as those costs have been fully recovered by the Council, the Commission may retain from the grazing fees received in any financial year a sum not exceeding £1000 (or such greater sum as the Council may agree) for the discharge of its functions under this Act.