Common Grazing Regulations
Common grazing regulations exist to regulate the use of the common grazing land by shareholders and to assist the grazings committee manage the common grazings. Typically common grazing regulations will cover subjects like the number and type of stock each crofter can have on the grazing, arrangements for maintenance and improvement works, peat cutting etc. Relevant Section of the 1993 Act – 49 Common grazings regulations
Any new or amended grazing regulations must be confirmed by the Crofting Commission to have any effect. Before the Commission approve any Grazings regulations they will consult with the owner of the Grazings.A copy of any new or amended common grazing regulations will be sent to the owner/Landlord.
Failure to comply with common grazing regulations
Should the owner consider that a shareholder has contravened, or failed to comply with, their common grazing regulations they may apply to the Commission for a determination in the matter.
If a Grazings Committee consider that a shareholder has contravened, or failed to comply with their common grazing regulation they may also apply to the Commission for a determination.
The Commission will serve a notice of the alleged breach on the shareholder, the grazings committee and the owner of the common grazings who will be afforded the opportunity to make representations. Relevant part of the 1993 Act - Section 52 (1) Miscellaneous provisions as to common grazings, as to lands held runrig, and as to use by crofters of peat bogs, etc
How are Landlords notified? The Applicant will place a public advert giving notification of the application in a newspaper circulating in the district in which the common grazings is situated.
Relevant section of the 1993 Act - Section 52 (4) Miscellaneous provisions as to common grazings, as to lands held runrig, and as to use by crofters of peat bogs, etc
Landlord input - Landlords can provide comment on the application for the Commissions consideration.
How are Landlords notified? Owner must be informed of the proposal and given the opportunity to comment/discuss before an application is made to CC by the grazings committee.
Relevant section of the 1993 Act - Section 50B Use of common grazing for other purposes
Landlord input - Engagement with Grazing Committee on proposed application. The proposed use must not be detrimental to the interests of the owner. Written notification of the application from the grazings committee. The application will also be advertised in a newspaper circulating in the district where the croft or the common grazings is situated.
How are Landlords notified? Landowner should be made aware of the proposed applications details directly by the Crofter or Common Grazing Committee.
Relevant section of the 1993 Act - 50A Joint Forestry Ventures
Landlord input - Written agreement between owner of common grazing and common grazing shareholders required.
How are Landlords notified? The Landlords agreement in writing is required to allow the application to progress.
Relevant section of the 1993 Act - 50(2A) Use of common grazings for forestry purposes
Landlord input - Engagement with Grazing Committee on application.
How are Landlords notified? This is a joint application submitted by the land owners and the crofters in the common grazing.
Relevant section of the 1993 Act - 51 Enlargement Of Common Grazing
Landlord input - Engagement with Grazing Committee prior to submission of application.