Commons Act 2006 – how it affects you

Section 46 –
Unauthorised Agricultural Activity

The Commons Act 2006 (Commencement No.3) (Wales) Order 2012 relates to the regulation of unauthorised agricultural activity, detrimental to common land, by Welsh Ministers.

Section 46 Orders are regarded as a power of last resort and will only be exercised with discretion after all other courses of action have been unsuccessful.

Further information and guidance can be found on the Common Land web pages:
Welsh Government website - Common Land

Sections 16 & 17 –
Deregistration and exchange of common land

These sections enable owners of registered common land or land registered as a town or village green to apply for the land, or part of it, to be de-registered. If it entails more than 200 square meters the applicant must also apply to register replacement common land.

Part 3 – Works on common land

This sets out how to apply for consent to carry out restricted works on common land. Detailed guidance and application forms are available from the Planning Inspectorate Wales website - Guidance

Temporary Severance – 2012 update

A consultation which closed at the end of 2011 set out proposals by the Welsh Government on possible revisions to the Commons (Severance of Rights) (Wales) Order
2007/583.

The Order allows for a grazing right to be temporarily severed from the land to which it is attached for a period of up to 3 years, by leasing or licensing to a third party.

A summary of the consultation responses has been published and provides further information on the next steps that will allow temporary severance agreements
up to 5 years. Further information can be found on the Welsh Government website - Proposed Amendments to the Commons (Severance of Rights) (Wales) Order 2007/583.