MSPS are set to vote on the final stage of the Land Reform (Scotland) Bill this week – with more than 350 amendments on the agenda.
The landmark piece of legislation is seeking to change the way land is owned and the concentration of ownership, aiming to give communities a greater say in what happens to the vast swathes of privately owned land in Scotland’s rural communities.
The bill, as amended at stage two by the Net Zero, Energy and Transport (NZET) committee, now sits at over 140 pages – but there are several issues that likely to crop up over the two days of debate.
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So far, it has prompted a mixed response from Holyrood parties, with the Tories calling for it to be scrapped, the LibDems calling it a mixed bag, and the Greens and Scottish Labour MSPs calling for it to go further.
Here are the key points you need to know.
Accountability and transparency from land owners
The owners of the biggest landholdings in Scotland would be required to tell the surrounding community more about what happens to the land and any future plans for it.
Those who own land over 1000 hectares, lowered from 3000 hectares during the amendments stage, will be required to produce a publicly available Land Management Plan and engage with local communities if any significant changes are to be made to it.
This will include details of the land the plan covers, the “long-term vision and objectives” of the owners for managing it and any potential future sale, and how the owner engaged with communities in drawing up the plan.
It should also set out how any estate will comply with the Scottish Outdoor Access Code, deer management regulations, and meet net zero targets, as well as increasing biodiversity.
Some land owners already publish their plans – but this legislation would make them a statutory requirement. There are 47 amendments for this part of the bill alone.
Non-compliance with Land Management Plan provisions or other obligations under the bill could see landowners faced with fines of up to £40,000.
And, the bodies who can report an alleged breach of these obligations were extended to include community councils, as well as Historic Environment Scotland, Highland and Islands Enterprise, local councils, National Park Authorities, and the Scottish Environment Protection Agency (Sepa), to name a few.
Selling land
Communities will have more opportunities to buy land when it comes up for sale. The bill extends community Right to Buy provisions, and communities will be able to register an interest in relation to buying all or part of a large estate.
The NZET committee said the current plans in the bill are “unlikely to be successful” in increasing community ownership, suggesting that communities should be given more time to “note their interest and prepare an application”. The Scottish Land Commission previously suggested this should be set at 90 days.
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Scottish ministers would also have the power to make lotting decisions in regards to large landholdings, and whether or not it should be broken up into smaller areas for sale. The NZET committee raised concerns over the lack of time frame given for this, and a potential loophole that could see subsequent sales used to recombine lots. An amendment at stage 2 set a six-month time limit for ministers to make a lotting decision.
There are a number of issues relating to this in the list of amendments, so expect plenty of back and forth from MSPs over these key areas.
Land and Communities Commissioner
The legislation will create a new role – the Land and Communities Commissioner. The person appointed is expected to have expertise in land management and community empowerment, and will decide whether or not to investigate breaches reported to them regarding land management plans or other obligations.
They can also issue fines if they rule that a breach has taken place. The commissioner will also advise Scottish ministers ahead of any lotting decisions.
What else might come up?
The Greens are calling for the Scottish Government to back their amendment aiming to stop the super rich “hoarding” land – by allowing ministers to refuse a sale if the buyer already owns 500 hectares. The Greens have also raised concerns that while Land Management Plans are a requirement, implementing them is not.
The Tories, meanwhile, have said the legislation is “completely unworkable” and have vowed to vote against it, so expect plenty of pushback from the opposition benches.
And, we told how former Greens MSP Andy Wightman has also raised concerns about the legislation being outwith Holyrood’s powers, and called for it to be returned to committee stage.
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