1. Benefits of Regulated Common Grazings Archie Macnab Head of Land Use and Regulation Archie Macnab Head of Land Use and Regulation

2. RegulationRegulation Definition Five key principles –Transparent –Accountable –Proportionate –Consistent –targeted Definition Five key principles –Transparent –Accountable –Proportionate –Consistent –targeted

4. Legal Status of Shareholder secure legal rights of occupation and use of common grazings as part of their croft tenancy. the rights of crofting tenants in community owned common grazings enjoy the same protection afforded to both in-bye croftland and common grazings by successive Crofters Acts. secure legal rights of occupation and use of common grazings as part of their croft tenancy. the rights of crofting tenants in community owned common grazings enjoy the same protection afforded to both in-bye croftland and common grazings by successive Crofters Acts.

5. Legal Basis for Regulations The Crofters Common Grazings Regulations Act 1891 Crofters (Scotland) Act 1955 The Crofters Common Grazings Regulations Act 1891 Crofters (Scotland) Act 1955

6. Grazings Committee To make and administer with a view to due observance Grazings Regulations To maintain, provide and replace fixed equipment To carry our works of improvement To carry out and implement approved purposeful use To make and administer with a view to due observance Grazings Regulations To maintain, provide and replace fixed equipment To carry our works of improvement To carry out and implement approved purposeful use

7. RegulationsRegulations The extent of the grazings The role of grazings committee The number of shares The stock each shareholder is allowed Recovery of expenses Cutting peats The extent of the grazings The role of grazings committee The number of shares The stock each shareholder is allowed Recovery of expenses Cutting peats

8. New Provisions Create new common grazings Joint venture with owners to develop woodlands Other use of the grazings Breach of Grazings Regulations Township Reports Create new common grazings Joint venture with owners to develop woodlands Other use of the grazings Breach of Grazings Regulations Township Reports

9. Breach of Grazings Regulations Consider by the Crofters Commission Order to make good any damage Suspend the person’s share Make a single extension of time to make good any damage Terminate the person’s share Apportion the share or part to other shareholder(s) Consider by the Crofters Commission Order to make good any damage Suspend the person’s share Make a single extension of time to make good any damage Terminate the person’s share Apportion the share or part to other shareholder(s)

10. Township reports The Condition of the common grazings The condition of every croft of every crofter sharing in the grazings The condition of every owner occupied croft by an owner occupier sharing the grazings Any other matter the Crofting Commission may require The Condition of the common grazings The condition of every croft of every crofter sharing in the grazings The condition of every owner occupied croft by an owner occupier sharing the grazings Any other matter the Crofting Commission may require

11. Common Grazings About 1000 common grazings Approx 900 regulated 550000 Ha About 1000 common grazings Approx 900 regulated 550000 Ha

12. Regulated Grazings 877 regulate grazings –509 with committees –368 without committees This equates to 42% of townships having no valid regulations Review of the current system 877 regulate grazings –509 with committees –368 without committees This equates to 42% of townships having no valid regulations Review of the current system

13. ModernisationModernisation Community ownership Introduction of new duties Changes in agri-support systems New uses for common grazings Community ownership Introduction of new duties Changes in agri-support systems New uses for common grazings

14. ChallengesChallenges No one to implement the Regulations Cannot manage bank account Commission cannot consult with the township Public bodies cannot engage with the township No one to implement the Regulations Cannot manage bank account Commission cannot consult with the township Public bodies cannot engage with the township

15. The Future Address the lack of engagement Modernising the legal framework and governance arrangements. Grazings Committees be allowed to claim Single Farm Payment Address the lack of engagement Modernising the legal framework and governance arrangements. Grazings Committees be allowed to claim Single Farm Payment

16. Discussion Topics Address the lack of engagement by shareholders in the management of common grazings, at the same time as modernising the legal framework and governance arrangements. Place the value of common resources within the wider context of local social, economic and environmental development with a view to retaining any benefits both existing and future within in the local economy. Address the lack of engagement by shareholders in the management of common grazings, at the same time as modernising the legal framework and governance arrangements. Place the value of common resources within the wider context of local social, economic and environmental development with a view to retaining any benefits both existing and future within in the local economy.

17. Two Questions What can the Commission do; and What can the crofters/shareholders do to achieve this? What can the Commission do; and What can the crofters/shareholders do to achieve this?