Response 477680328

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Part 4: Criteria for large-scale landholdings

1. Do you agree or disagree with the criteria proposed for classifying landholdings as ‘large-scale’:

a) A fixed threshold of 3,000 hectares Agree Radio button: Checked Agree a) A fixed threshold of 3,000 hectares Disagree Radio button: Not checked Disagree a) A fixed threshold of 3,000 hectares Don't know Radio button: Not checked Don't know
b) Land that accounts for more than a fixed percentage of a data zone (or adjacent data zones) or local authority ward(s) designated as an Accessible Rural Area or Remote Rural Area, through our six-fold urban/rural classification scheme Agree Radio button: Checked Agree b) Land that accounts for more than a fixed percentage of a data zone (or adjacent data zones) or local authority ward(s) designated as an Accessible Rural Area or Remote Rural Area, through our six-fold urban/rural classification scheme Disagree Radio button: Not checked Disagree b) Land that accounts for more than a fixed percentage of a data zone (or adjacent data zones) or local authority ward(s) designated as an Accessible Rural Area or Remote Rural Area, through our six-fold urban/rural classification scheme Don't know Radio button: Not checked Don't know
c) Land that accounts for more than a specified minimum proportion of a permanently inhabited island Agree Radio button: Checked Agree c) Land that accounts for more than a specified minimum proportion of a permanently inhabited island Disagree Radio button: Not checked Disagree c) Land that accounts for more than a specified minimum proportion of a permanently inhabited island Don't know Radio button: Not checked Don't know
Please give some reasons for your answers and outline any additional criteria in the text box below:
Should include uninhabited islands at c)

2. Do you agree or disagree that family farms should be exempt from the proposals outlined in Parts 5 to 7 even if they are classified as a ‘large-scale’ landholding?

Please select one item
Radio button: Unticked Agree
Radio button: Ticked Disagree
Radio button: Unticked Don't know
Please give some reasons for your answer in the text box below:
Not clear what a "family farm" is, open to exploitation.

3. Do you think that the proposals considered in this consultation should be applied to the urban context?

Please select one item
Radio button: Unticked Yes
Radio button: Ticked No
Radio button: Unticked Don't know

Part 5: Strengthening the Land Rights and Responsibilities Statement

4. We propose that there should be a duty on large-scale landowners to comply with the Land Rights and Responsibility Statement and its associated protocols. Do you agree or disagree with this proposal?

Please select one item
Radio button: Ticked Agree
Radio button: Unticked Disagree
Radio button: Unticked Don't know

5. If there was a legal duty on large-scale landowners to comply with the Land Rights and Responsibility Statement and its associated protocols, we propose that this should be enforced by having a formal procedure for raising complaints, and by making provisions for independent adjudication and enforcement.

Please select one item
Radio button: Ticked Agree
Radio button: Unticked Disagree
Radio button: Unticked Don't know
Please select one item
Radio button: Unticked Agree
Radio button: Ticked Disagree
Radio button: Unticked Don't know
Community Agree Radio button: Checked Agree Community Disagree Radio button: Not checked Disagree Community Don't know Radio button: Not checked Don't know
Charity Agree Radio button: Checked Agree Charity Disagree Radio button: Not checked Disagree Charity Don't know Radio button: Not checked Don't know
Public sector Agree Radio button: Checked Agree Public sector Disagree Radio button: Not checked Disagree Public sector Don't know Radio button: Not checked Don't know
the Scottish Government Yes Radio button: Not checked Yes the Scottish Government No Radio button: Not checked No the Scottish Government Don't know Radio button: Not checked Don't know
a public body (such as the Scottish Land Commission) Yes Radio button: Checked Yes a public body (such as the Scottish Land Commission) No Radio button: Not checked No a public body (such as the Scottish Land Commission) Don't know Radio button: Not checked Don't know
Recommendation for a mediation process Yes Radio button: Checked Yes Recommendation for a mediation process No Radio button: Not checked No Recommendation for a mediation process Don't know Radio button: Not checked Don't know
Recommendation on how the landowner or governing body could comply with the Codes of Practice/protocols Yes Radio button: Checked Yes Recommendation on how the landowner or governing body could comply with the Codes of Practice/protocols No Radio button: Not checked No Recommendation on how the landowner or governing body could comply with the Codes of Practice/protocols Don't know Radio button: Not checked Don't know
A direction to the landowner or governing body to implement changes to operational and/or management practices Yes Radio button: Checked Yes A direction to the landowner or governing body to implement changes to operational and/or management practices No Radio button: Not checked No A direction to the landowner or governing body to implement changes to operational and/or management practices Don't know Radio button: Not checked Don't know
Financial penalties Yes Radio button: Checked Yes Financial penalties No Radio button: Not checked No Financial penalties Don't know Radio button: Not checked Don't know
‘Cross-compliance’ penalties Yes Radio button: Checked Yes ‘Cross-compliance’ penalties No Radio button: Not checked No ‘Cross-compliance’ penalties Don't know Radio button: Not checked Don't know

6. Do you think the proposal to make the Land Rights and Responsibility Statement and its associated protocols a legal duty for large-scale landowners would benefit the local community?

Please select one item
Radio button: Ticked Yes
Radio button: Unticked No
Radio button: Unticked Don't know

7. Do you have any other comments on the proposal to make the Land Rights and Responsibility Statement and its associated protocols a legal duty for large-scale landowners?

Please write your answer in the text box below:
Good idea

Part 6: Compulsory Land Management Plans

8. We propose that there should be a duty on large-scale landowners to publish Management Plans. Do you agree or disagree with this proposal?

Please select one item
Radio button: Ticked Agree
Radio button: Unticked Disagree
Radio button: Unticked Don't know

9. How frequently do you think Management Plans should be published?

Please write your answer in the text box below:
annually

10. Should Management Plans include information on:

Land Rights and Responsibility Statement compliance Yes Radio button: Checked Yes Land Rights and Responsibility Statement compliance No Radio button: Not checked No Land Rights and Responsibility Statement compliance Don't know Radio button: Not checked Don't know
Community engagement Yes Radio button: Not checked Yes Community engagement No Radio button: Not checked No Community engagement Don't know Radio button: Checked Don't know
Emission reduction plans Yes Radio button: Checked Yes Emission reduction plans No Radio button: Not checked No Emission reduction plans Don't know Radio button: Not checked Don't know
Nature restoration Yes Radio button: Checked Yes Nature restoration No Radio button: Not checked No Nature restoration Don't know Radio button: Not checked Don't know
Revenue from carbon offsetting/carbon credits Yes Radio button: Checked Yes Revenue from carbon offsetting/carbon credits No Radio button: Not checked No Revenue from carbon offsetting/carbon credits Don't know Radio button: Not checked Don't know
Plans for developments/activities that will contribute to local and inclusive economic development or community wealth building Yes Radio button: Checked Yes Plans for developments/activities that will contribute to local and inclusive economic development or community wealth building No Radio button: Not checked No Plans for developments/activities that will contribute to local and inclusive economic development or community wealth building Don't know Radio button: Not checked Don't know

11. Do you think the responsibility for enforcing compulsory land management plans should sit with:

the Scottish Government Yes Radio button: Not checked Yes the Scottish Government No Radio button: Not checked No the Scottish Government Don't know Radio button: Not checked Don't know
a public body (such as the Scottish Land Commission) Yes Radio button: Checked Yes a public body (such as the Scottish Land Commission) No Radio button: Not checked No a public body (such as the Scottish Land Commission) Don't know Radio button: Not checked Don't know

12. Do you think the proposal to make Management Plans a legal duty for large-scale landowners would benefit the local community?

Please select one item
Radio button: Ticked Yes
Radio button: Unticked No
Radio button: Unticked Don't know

13. Do you have any other comments on the proposal to make Management Plans a legal duty for large-scale landowners?

Please write your answer in the text box below:
Should be made readily available, and searchable by the public.

Part 7 i): Regulating the market in large-scale land transfers - a new Public Interest Test

14. We propose that a public interest test should be applied to transactions of large-scale landholdings. Do you agree or disagree with this proposal?

Please select one item
Radio button: Ticked Agree
Radio button: Unticked Disagree
Radio button: Unticked Don't know

15. What do you think would be the advantages and/or disadvantages of applying a public interest test to transactions of large-scale landholdings?

Please write your answer in the text box below:
Advantage: Control over natural resources and only allow appropriate use.
Disadvantage: Time and money to do it.

16. Do you think the public interest test should be applied to:

Please select one item
Radio button: Unticked The seller only
Radio button: Ticked The buyer only
Radio button: Unticked The seller and buyer
Radio button: Unticked Don't know

17. If the public interest test was applied to the seller, do you think the test should be considered as part of the conveyancing process?

Please select one item
Radio button: Ticked Yes
Radio button: Unticked No
Radio button: Unticked Don't know

18. Do you think that all types of large-scale landholding transactions (including transfers of shares and transfers within or between trusts) should be in scope for a public interest test?

Please select one item
Radio button: Ticked Yes
Radio button: Unticked No
Radio button: Unticked Don't know

19. Do you agree or disagree with these conditions?

Condition i. Agree Radio button: Checked Agree Condition i. Disagree Radio button: Not checked Disagree Condition i. Don't know Radio button: Not checked Don't know
Condition ii. Agree Radio button: Checked Agree Condition ii. Disagree Radio button: Not checked Disagree Condition ii. Don't know Radio button: Not checked Don't know

20. Do you think that a breach of the Lands Right and Responsibilities Statement should be taken into account when determining the outcome of a public interest test?

Please select one item
Radio button: Ticked Yes
Radio button: Unticked No
Radio button: Unticked Don't know

21. Do you think that a public interest test should take into account steps taken in the past by a seller to:

Diversify ownership Yes Radio button: Not checked Yes Diversify ownership No Radio button: Not checked No Diversify ownership Don't know Radio button: Checked Don't know
Use their Management Plan to engage with community bodies over opportunities to lease or acquire land Yes Radio button: Not checked Yes Use their Management Plan to engage with community bodies over opportunities to lease or acquire land No Radio button: Not checked No Use their Management Plan to engage with community bodies over opportunities to lease or acquire land Don't know Radio button: Checked Don't know

22. Do you think the responsibility for administering the public interest test should sit with:

the Scottish Government Yes Radio button: Not checked Yes the Scottish Government No Radio button: Checked No the Scottish Government Don't know Radio button: Not checked Don't know
a public body (such as the Scottish Land Commission) Yes Radio button: Checked Yes a public body (such as the Scottish Land Commission) No Radio button: Not checked No a public body (such as the Scottish Land Commission) Don't know Radio button: Not checked Don't know

23. Do you think the proposal that a public interest test should be applied to transactions of large-scale landholdings would benefit the local community?

Please select one item
Radio button: Ticked Yes
Radio button: Unticked No
Radio button: Unticked Don't know

24. Do you have any other comments on the proposal that a public interest test should be applied to transactions of large-scale landholdings?

Please write your answer in the text box below:
Should be robust but as streamlined as possible. Avoid huge delays.

Part 7 ii): Regulating the market in large-scale land transfers - requirement to notify an intention to sell

25. We propose that landowners selling large-scale landholdings should give notice to community bodies (and others listed on a register compiled for the purpose) that they intend to sell.

Please select one item
Radio button: Ticked Agree
Radio button: Unticked Disagree
Radio button: Unticked Don't know
Please select one item
Radio button: Ticked Agree
Radio button: Unticked Disagree
Radio button: Unticked Don't know
Please select one item
Radio button: Unticked Agree
Radio button: Ticked Disagree
Radio button: Unticked Don't know
Please give some reasons for your answer in the text box below:
4 months

Part 8: New conditions on those in receipt of public funding for land based activity

27. Do you agree or disagree with these requirements?

Requirement i. Agree Radio button: Checked Agree Requirement i. Disagree Radio button: Not checked Disagree Requirement i. Don't know Radio button: Not checked Don't know
Requirement ii. Agree Radio button: Checked Agree Requirement ii. Disagree Radio button: Not checked Disagree Requirement ii. Don't know Radio button: Not checked Don't know

28. Do you have any other comments on the proposals outlined above?

Please write your answer in the text box below:
Essential, seems very reasonable.

Part 9: Land Use Tenancy

29. Do you agree or disagree with our proposal that there should be a Land Use Tenancy to allow people to undertake a range of land management activities?

Please select one item
Radio button: Ticked Agree
Radio button: Unticked Disagree
Radio button: Unticked Don't know
Please give some reasons for your answer in the text box below:
Clarifies the permitted use

30. Are there any land management activities you think should not be included within a Land Use Tenancy?

Please write your answer in the text box below:
No

31. Do you think that wider land use opportunities relating to diversification, such as renewable energy and agri-tourism, should be part of a Land Use Tenancy?

Please select one item
Radio button: Ticked Yes
Radio button: Unticked No
Radio button: Unticked Don't know
Please give some reasons for your answer in the text box below:
They are land use, why not include them?

32. Do you agree or disagree that a tenant farmer or a small landholder should, with the agreement of their landlord, have the ability to move their agricultural tenancy into a new Land Use Tenancy without having to bring their current lease to an end?

Please select one item
Radio button: Ticked Agree
Radio button: Unticked Disagree
Radio button: Unticked Don't know

33. Do you agree or disagree that when a tenant farmer or small landholders’ tenancy is due to come to an end that the tenant and their landlord should be able to change the tenancy into a Land Use Tenancy without going through the process of waygo, with parties retaining their rights?

Please select one item
Radio button: Ticked Agree
Radio button: Unticked Disagree
Radio button: Unticked Don't know

34. How do you think the rent for a Land Use Tenancy should be calculated?

Please write your answer in the text box below:
A basic rate plus percentage of profit.

35. Would you use a Land Use Tenancy if you had access to a similar range of future Scottish Government payments which other kinds of land managers may receive?

Please select one item
Radio button: Unticked Yes
Radio button: Unticked No
Radio button: Ticked Don't know

36. Do you think that there should be guidance to help a tenant and their landlord to agree and manage a Land Use Tenancy?

Please select one item
Radio button: Ticked Yes
Radio button: Unticked No
Radio button: Unticked Don't know

37. Do you think there should be a process to manage disputes between a tenant of a Land Use Tenancy and their landlord?

Please select one item
Radio button: Ticked Yes
Radio button: Unticked No
Radio button: Unticked Don't know

38. Do you agree or disagree that tenants of a Land Use Tenancy and their landlords should be able to resolve their legal disputes in relation to the tenancy through the Scottish Land Court?

Please select one item
Radio button: Ticked Agree
Radio button: Unticked Disagree
Radio button: Unticked Don't know

39. Do you have any other comments on our proposal for a Land Use Tenancy?

Please write your answer in the text box below:
No

Part 10: Small landholdings

40. Would you like to be kept informed via email about the Small Landholding Consultation for the Land Reform Bill? We would use the email you provide in the ‘About you’ section to contact you.

Please select one item
Radio button: Unticked Yes
Radio button: Ticked No

Part 11: Transparency: Who owns, controls and benefits from Scotland’s Land

41. Do you agree or disagree with our proposal to explore:

Who should be able to acquire large-scale landholdings in Scotland Agree Radio button: Checked Agree Who should be able to acquire large-scale landholdings in Scotland Disagree Radio button: Not checked Disagree Who should be able to acquire large-scale landholdings in Scotland Don't know Radio button: Not checked Don't know
The possibility of introducing a requirement that those seeking to acquire large-scale landholdings in Scotland need to be registered in an EU member state or in the UK for tax purposes Agree Radio button: Checked Agree The possibility of introducing a requirement that those seeking to acquire large-scale landholdings in Scotland need to be registered in an EU member state or in the UK for tax purposes Disagree Radio button: Not checked Disagree The possibility of introducing a requirement that those seeking to acquire large-scale landholdings in Scotland need to be registered in an EU member state or in the UK for tax purposes Don't know Radio button: Not checked Don't know

Part 12: Other land related reforms

42. Do you have any views on what the future role of taxation could be to support land reform?

Please write your answer in the text box below:
Taxes from certain types of land use.

43. How do you think the Scottish Government could use investment from natural capital to maximise:

Please write your answer in the text box below:
Put back into the natural environment of that area.
Please write your answer in the text box below:
Cleaner, safer urban areas.

44. Do you have any additional ideas or proposals for Land Reform in Scotland?

Please write your answer in the text box below:
Greater penalties for those who break the law. Fines to invest in higher levels of "policing" and support the work of rangers.

Part 13: Assessing impact

45. Are you aware of any examples of how the proposals in this consultation might impact, positively or negatively, on island communities in a way that is different from the impact on mainland areas?

Please write your answer in the text box below:
No

46. Are you aware of any examples of particular current or future impacts, positive or negative, on young people, (children, pupils, and young adults up to the age of 26) of any aspect of the proposals in this consultation?

Please write your answer in the text box below:
No

47. Are you aware of any examples of how the proposals in this consultation may impact, either positively or negatively, on those with protected characteristics (age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation)?

Please write your answer in the text box below:
No

48. Are you aware of any examples of potential impacts, either positive or negative, that you consider any of the proposals in this consultation may have on the environment?

Please write your answer in the text box below:
No

49. Are you aware of any examples of how the proposals in this consultation might impact, positively or negatively, on groups or areas at socioeconomic disadvantage (such as income, low wealth or area deprivation)?

Please write your answer in the text box below:
No

50. Are you aware of any potential costs and burdens that you think may arise as a result of the proposals within this consultation?

Please write your answer in the text box below:
No

51. Are you aware of any impacts, positive or negative, of the proposals in this consultation on data protection or privacy?

Please write your answer in the text box below:
No

Part 15: About you

What is your name?

Name
David Stone

Are you responding as an individual or an organisation?

Please select one item
(Required)
Radio button: Ticked Individual
Radio button: Unticked Organisation