News

REFORM OF AGRICULTURAL MANAGEMENT OF COMMON LAND

22 August 2003

A consultation on proposals for the more effective management of common land that aim to benefit both agriculture and wildlife was launched today by Rural Affairs Minister Alun Michael.

Landowners, people with ‘rights of common’ and others with an interest are being urged to submit their views about the agricultural management of about 550,000 hectares of common land in England and Wales.

Rural Affairs Minister Alun Michael said:

“Common land is part of our heritage and a valuable resource — it is valued for nature conservation, landscape and recreation, and is an essential component of the agricultural economy, particularly in upland areas. That is one reason why we need to create a more effective management structure.

“And this is just as important for wildlife. Around half of all common land in England and Wales is designated as sites of special scientific interest and a third of the land area lies within the boundaries of Environmentally Sensitive Areas.

“At present, it can be an uphill task to find agreement among the many commoners, landowners and others with an interest in the common on how best to manage it. Sometimes people fail to find a consensus and the common deteriorates.

“Overgrazing and poor management are causing the variety of species to diminish in many, particularly upland, commons. At the same time, undergrazing, and the withdrawal of commoners’ livestock, are having an adverse impact on many other, largely lowland, commons.

“The measures we are consulting on today are designed to help facilitate better management. Commoners and land managers have told us that they want powers to effectively self-regulate and improve the management of common land — our proposals are designed to make this possible. Our proposals will bring commoners, owners and others together in statutory commons associations, with powers of self-regulation in the interests of sustainable agricultural management. This is a new opportunity for those interested in commons to demonstrate that they can effectively manage their affairs and the commons to the benefit of both their agricultural interests and the wider environmental and biodiversity interests.

“It would no longer be possible for a minority of unrepresentative interests to thwart the entry of a common into an agri-environment scheme, or other management agreement.

“We fully support voluntary commoners’ associations in their efforts to promote good management, but the evidence shows that these arrangements do not always work well. We believe our proposals will bring greater certainty and effectiveness to commons management.”

The consultation paper builds on the recommendations to Government of the Stakeholder Working Group issued in April 2003.

The main proposals are:

• New measures to enable commons to be self-regulated by statutory commons associations, with powers to require all commoners to abide by decisions made by the majority.
• New powers of last resort for the Secretary of State, National Assembly for Wales and nature conservation bodies in relation to common land that is not being managed sustainably. They would be able to assume the powers of the owner of the common to take court action restraining any unlawful exercise of rights of common, and would be able to refer the rights registered over a common for review by the Commons Commissioner.
• New regional advisory bodies to provide advice to commons associations on good practice, to comment on regulations made by commons associations, and to advise the Government on the exercise of its powers of last resort.
• A ban on lending rights of common, other than in exceptional cases.
• A new facility for holders of common rights to surrender them unilaterally.

Defra and the Welsh Assembly Government are inviting comments on the consultation by 14 November 2003.


Notes for Editors

1. Copies of the consultation paper are available on the Defra website www.defra.gov.uk/wildlife-countryside/issues/common/legislation/index.htm or by writing to:

Defra
Admail 6000
London
SW1A 2XX
Tel: 08459 556000
E-mail: defra@iforcegroup.com
quoting reference: PB8650

2. Most common land is privately owned. However, common land is subject to ‘rights of common’ held by other individuals over the same area and to the special statutory controls that apply under existing commons legislation.

3. The biodiversity value of commons is evident from the fact that around half of their total area falls within Sites of Special Scientific Interest (SSSIs). Around a third of the land area is within the boundaries of Environmentally Sensitive Areas. These measures will assist Defra to meets its target of bringing 95 per cent of all nationally important wildlife sites (i.e. those designated SSSI) into favourable condition by 2010.

Their landscape value is reflected in the fact that nearly half the area of common land falls within the National Parks.

4. In July 2002, Defra with the support of the Welsh Assembly Government published the Common Land Policy Statement, which outlined the Government's intentions for future legislation relating to common land and town and village greens. The Policy Statement set out several issues relating to agricultural use and management of common land that needed further detailed consideration before the development of firm proposals.

5. A Stakeholder Working Group reported in April 2003 to consider and develop provisions for the establishment and operation of statutory commons associations, and other agricultural management issues, in preparation for further consultation. The report and membership, papers and minutes relating to the meetings of the working group, can be viewed at:
www.defra.gov.uk/wildlife-countryside/issues/common/legislation/stakeholder.htm This consultation paper is based on the recommendations of the Stakeholder Working Group.


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