Common Grazings
26AF2 Use 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 Crofters (Scotland) Act 1961.