Commons Act 2006
The Commons Bill received Royal Assent on 19 July 2006. The Commons Act
will protect our common land for current
and future generations, and deliver real benefits in terms of sustainable
farming and biodiversity. The implementation of the Act will begin immediately,
and will be rolled out over a number of years.
Copies of the Commons Act along with explanatory notes are available on the OPSI website. Copies of both the Act and the explanatory notes are also available through the Stationery Office or by telephone on 0870 600 5522 or through your local bookshop quoting ISBN 0-10-542606-7 for the Commons Act and ISBN 0-10-562606-6 for the explanatory notes (price £9 each).
Defra has established a National Common Land Stakeholder Group which will advise on matters relating to the management of commons and particularly the implementation of the Commons Act. The group will also help us build and achieve consensus between stakeholders on matters of national interest, like managing priority wildlife habitats.
What does the Act do?
The Commons Act:
- The Act enables commons to be managed more sustainably by commoners and landowners working together through commons councils, with powers to regulate grazing and other agricultural activities. Defra is now looking to bring this part of the Act into force in late 2007.
- It will provide for better protection for common land and greens by streamlining the consents system for works and fencing on commons and ensures that existing statutory protections are applied consistently. This includes reinforcing existing protections against abuse, encroachment and unauthorised development. It recognises that the protection of common land has to be proportionate to the harm caused and provides that some specified works can be carried out without the need for consent.
- Part 1 of the Act will require commons registration authorities to bring their registers up-to-date by recording past changes affecting the registers during a ‘transitional period’. Once the transitional period is underway, they will also have to keep the registers up-to-date by recording new changes affecting the registers. Commons registration authorities will have new powers to correct many of the mistakes in the registers. In England, implementation of the registration provisions in the Act will begin with a pilot scheme, starting in October 2008. Implementation is expected to be rolled out to the rest of England in stages from October 2010 onwards.
- The Act sets out new, clearer criteria for the registration of town or village greens, giving local communities new opportunities to register valued recreational sites to secure permanent protection.
- The Act prohibits the severance of common rights, preventing commoners from selling, leasing or letting their rights away from the property to which rights are attached. The Act prohibits the severance of rights with effect from 28 June 2005. The retrospective ban will help ensure local control of grazing on the commons.
Why do we need a Commons Act?
About 55% of common land in England is designated as "Site of Special Scientific Interest" (i.e. valuable wildlife habitat), but 43% of this is classified by English Nature as in poor or declining condition (i.e. bad for wildlife).
Legislation is essential if the Government is to meet its target for bringing 95% of these sites into good condition by 2010. The Act will protect our common land for current and future generations, and deliver real benefits in terms of sustainable farming, public access and biodiversity.
The Act implements key elements of the Government's Common Land Policy Statement published in July 2002 which outlined the Government's intentions for future legislation relating to common land and town and village greens.
Background
The Commons Bill was introduced into the House of Lords on 27 June 2005 and was published by Parliament with accompanying Explanatory Notes and a Regulatory Impact Assessment (the Regulatory Impact Assessment is published by Defra) on 28 June 2005. It received Royal Assent on 19 July 2006.
For background information on the Commons Bill, including links to Hansard debates throughout the Parliamentary process, Government Amendments and stakeholder communication see:
Further Information
- Guidance note on identifying the
ownership of rights of common and registering apportionment - revised
April 2006
(63
KB)
This guidance note explains how the Commons Bill deals with identification of entitlement to exercise rights of common (that is, the "ownership" of rights), and the registration of apportionment. - Guidance
note on severance - revised August 2006 (53
KB)
This guidance note explains why the Commons Act prohibits severance, how the prohibition is intended to operate, and the provision for exceptions. For additional information, please visit the severance page.
Page last modified: 10 July 2008
Page published: 5 February 2003