This item was published during the term of a previous administration that ended in April 2007
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Land Reform - For All Of Scotland
22/02/2001
In a historic move, Deputy First Minister Jim Wallace and Environment Minister Sam Galbraith today unveiled the Executive's draft Land Reform Bill.
The Executive's plans will open up access to Scotland's countryside for everyone and greatly enhance the chances of rural and crofting communities turning their hopes of landownership into reality.
The draft Bill, which goes out to full public consultation, creates a right of responsible access to land, and the right for rural communities and crofting communities to buy land in which they have an interest.
Mr Wallace said:
"Today's launch is a significant milestone in the Executive's land reform programme. I believe this legislation will promote responsible enjoyment of the Scottish countryside, and provide new opportunities for rural and crofting communities who wish to take on the challenge of landownership.
"These opportunities are important. That is why we have devoted time to developing our proposals to make them fair, workable and effective.
"There has already been extensive consultation. And we hope that a wide range of interested parties and individuals will let us have their comments on our draft Bill and the draft Scottish Outdoor Access Code. By giving us their views they will be helping us to make a real difference throughout rural Scotland."
Access
Mr Wallace said:
"I believe that it is right that people in Scotland should be able to enjoy our wonderful countryside. It is also right that those who work the land should be able to continue to get their living from it.
"We want to provide for wider, responsible access, with appropriate safeguards to address the concerns of those living and working in our countryside. Our proposals offer real benefits for the whole of Scotland, in health, rural awareness, and economic opportunities."
The Bill contains:
- a new right of access to land, including water, for recreation and passage, subject to compliance with the Scottish Outdoor Access Code;
- new duties on local authorities and gives them new powers in respect of the provision of access;
- provisions for the creation of core path networks. These will be an essential element of management over enclosed land;
- provisions for the establishment of local access forums to manage access locally; and
- limitations on the right of access on grounds of health and safety, security, privacy and land management.
Community Right To Buy
Mr Wallace said:
"The objective of land reform is to remove the land-based barriers to the sustainable development of rural communities. To achieve this, we need increased diversity in the way land is owned and used. This will result in less concentration of ownership and management in a limited number of hands, particularly at local level.
"We have already seen some excellent examples of how ownership can empower communities. On Eigg, the local community took the initiative, acquired the Island, and improved its sustainability to the point where there is now virtually full employment; and a range of environmental forestry and housing projects there are already showing benefits.
"Giving communities a legal right to buy their land will add impetus such initiatives. At present, the cards are stacked against them, but this new right will help redress the balance."
The Bill provides that:
- community bodies will be able to register an interest in land with which they can demonstrate a connection;
- they will have to be properly constituted and be representative of the community;
- once the landowner decides to sell or transfer, the community body will get a chance to buy the land;
- the community body will need to have majority community support for the purchase; and
- it will need plans for the land that are compatible with its sustainable development, to demonstrate that purchase would be in the public interest and pay a fair price.
Crofting Community Right To Buy
Mr Wallace said:
"It is important that crofters should be protected from the worst excesses of rogue landlords. Although most crofting landlords behave very responsibly, even today we hear of odd cases where a different approach prevails. This legislation offers a crofting community a way out.
"However the right to buy is not just about providing an ultimate sanction for crofting communities. It is also about opportunities for communities to develop. Some crofting communities have already acquired the land on which they live and work. Those that have done so, such as the crofters of Assynt have demonstrated that they can harness talent within the community to make the most of the opportunity."
The Bill provides that:
- crofting communities can buy the land at any time, not just when it comes up for sale;
- to have their right to buy approved, crofting community bodies will have to meet criteria similar to those applying to the other right to buy; and
- they will have to be properly constituted and be representative of the crofting community. They will need to have majority crofting community support for the purchase and have plans for the land that are compatible with its sustainable development, to demonstrate that purchase would be in the public interest and pay a fair price.
BACKGROUND
- A valuable source of support for communities wishing to buy and develop land will come from the Scottish Land Fund, established by the New Opportunities Fund. It will be officially launched on 26 February.
- The Scottish Executive's Draft Land Reform (Scotland) Bill: Consultation Paper is published today. Public copies will be available from Andrew Taylor, Scottish Executive Rural Affairs Department: Land Reform Branch, Room 106, Pentland House, Robb's Loan, Edinburgh, EH14 1TY, telephone 0131 244 4447, or e-mail andrew.taylor@scotland.gsi.gov.uk .
3. The Executive's Draft Scottish Outdoor Access Code is also published today. Public copies will be available from Andrew Taylor, Scottish Executive Rural Affairs Department, at the address above.
- Media copies of both documents are available from Jackie Telford, 0131 244 2598
- A 12 week consultation period will follow, with the closing date for responses being Friday, 18 May 2001.
News Release: SE0436/2001
22 Feb 2001