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Implementation of the Commons Act 2006

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The Commons Act 2006 (“the Act”) came into force on 19 July 2006.

The Commons Act 2006 (Commencement No.1, Transitional Provisions and Savings) (Wales) Order 2007

This brought into force provisions relating to registering town and village greens under the Commons Registration Act 1965 (external link). It gives the local authority power to protect registered land where no owner is recorded. Local Authorities also have this power where owners are noted in the register but the information is out of date.

The Commons Act 2006 (Commencement No.1, Transitional Provisions and Savings) (Wales) Order 2007 (external link).

The Commons (Severance of Rights) (Wales) Order 2014

This order enables Welsh Ministers to allow for temporary severance (separating rights from the land to which they are attached). These provisions allow rights to be leased from the relevant property for 5 years. After this time, the agreement can be renewed. The order also allows the property to be leased without the rights for 5 years. There is a notification requirement that any new leasing or licensing arrangements are given to certain bodies with an interest in common land (see guidance).

The Commons (Severance of Rights) (Wales) Order 2014 (external link).

The Commons Act 2006 (Commencement No. 3) (Wales) Order 2012

This order enables Welsh Ministers to deal with unauthorised agricultural activities on registered common land or certain greens. This order will be exercised with discretion and is regarded as a “power of last resort”.  Welsh Ministers will only intervene where those who could take action (owner or the commoners) are unable to do so. Those wishing to use the powers will need to demonstrate that they have tried all other courses of action, but these have been unsuccessful.

The Commons Act 2006 (Commencement No.3) (Wales) Order 2012 (external link).