This item was published during the term of a previous administration that ended in April 2007
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Greater powers for crofting communities
25/03/2003
New measures to protect crofting land were announced
today.
In answer to a Parliamentary Question, Environment
Minister Ross Finnie said responses to its consultation on
crofting reform had demonstrated clear support for the
majority of the Executive's proposals which include:
- that the Crofters Commission should have power to
enforce compliance with conditions of tenure where the
landlord does not object.
- that conditions of tenure should be modified so
that unacceptable neglect or misuse of croft land can
be dealt with.
- that a legatee who declines a croft tenancy also
declines the value of that tenancy.
- that land taken out of crofting tenure may, through
court action, be returned to crofting tenure, if it is
no longer used for the purpose for which crofting was
ceased or was never put to that purpose.
- that there should be scope to extend the period
available to the Crofters Commission to find a tenant
for a vacant croft subject to payment of compensation
to the landlord for lost rent.
- that the Register of Crofts should become map
based.
- that where croft boundaries delineated by enclosure
of the land have been accepted by the crofter, landlord
and neighbouring crofters for more than 20 years these
should be treated as the de facto boundary for legal
purposes except where there is adequate documentary
evidence of a different boundary.
- that where a property has been registered as croft
land for 20 years or more its status as croft land
should become unchallengeable.
He added that it would be for a future administration
following May elections to determine the terms and timing
of any Crofting Reform Bill.
Mr Finnie said:
"Crofting forms the cornerstone of many rural economies.
We recognise the valuable role it plays and are determined
to modernise and simplify the framework which supports
it.
"We want to make it possible to create new crofts to
promote the opportunities for economic development that
crofting provides. And we are determined to give greater
powers to crofting communities to control their own
affairs.
"The measures we are announcing today will help to
protect existing croft land and take account of the many
responses we received to the consultation on the crofting
White Paper
"The great majority of these were in favour of the bulk
of our proposals. There was some dissent on particular
proposals and helpful suggestions for improvement of
others. With minor adjustment in some cases I would hope
that these will form a firm basis for future
legislation.
"The consultation has however, indicated that there is
strong support for certain additional measures. While it
will be for a future Administration to decide on the terms
and timing of any Bill, it is my opinion that the proposal
we are announcing today will address the concerns that have
been raised. It has been the intention of this Executive
that there should be further consultation on a draft Bill
before a Bill is finally introduced to Parliament.
"I have also concluded that the White Paper proposals
for the creation of new crofts should be modified in the
light of concerns that it might lead to a two tier system
of rights for crofters. The proposal to devolve regulatory
decision making to local groups has been dropped.
"In addition to these changes there is a need to look
very carefully at the potential impacts the system of
crofting tenure may have on proposals to develop wind farms
and other renewable energy projects on croft land.
"There is a need to find a way of enforcing binding
agreements relating to grazings management and to find a
simpler and more effective means of resuming land where
there is consensus between crofters and their landlord that
the land needs to be taken out of crofting tenure. Other
measures may also be required to facilitate development on
common grazings."