Land Rights and Responsibilities Statement review: consultation

The Land Rights and Responsibilities Statement was first published in 2017 and is reviewed every five years. This consultation aims to gather views from stakeholders and the public on the current Statement and whether any revisions are required.


3. Reviewing the first Land Rights and Responsibilities Statement

3.1. The Land Rights and Responsibilities Statement comprises a vision and six principles and is supported by advisory notes and case study examples. The vision and principles are high-level and ambitious and, together, provide a goal to work towards. The responses to this consultation will help evaluate whether the vision and principles continue to reflect our aims or need updating.

Vision

3.2. The vision provides an overarching goal for the approach to land rights and responsibilities in Scotland. This is the current vision:

"A Scotland with a strong and dynamic relationship between its land and people, where all land contributes to a modern and successful country, and where rights and responsibilities in relation to land are fully recognised and fulfilled."

3.3. We want to ensure that the vision captures the current context, including issues that have emerged since the Statement was published in 2017.

Proposed change – vision

3.4. As outlined in Chapter 2, the Scottish Government is legally committed to ensuring a just transition. The benefits of the shift to a green economy must be shared widely and the process undertaken in partnership with those impacted by the transition to net zero. We are committed to ensuring increased responsible investment in our natural capital, so that local communities and wider society share in the benefits. In reviewing the Statement, we need to consider whether these objectives should be reflected in the vision.

3.5. A proposed revised vision is as follows:

"A Scotland with a strong and dynamic relationship between its land and people, where all land contributes to a modern and successful country and supports a just transition to net zero, and where rights and responsibilities in relation to land and natural capital are fully recognised and fulfilled."

Q1 Do you think that the revised vision reflects the outcomes that we need to achieve?

A) Yes B) No C) To some extent D) I don't know E) I do not have enough information

Q2 If you have answered 'no' or 'to some extent', what key changes would you like to see to the vision?

Principles

3.6. The principles are set to help achieve the vision. While they are closely linked to it, they could be updated independently of any changes made to the vision. We would like to know if you think the principles set out in the first Statement are still relevant, or if they need updating.

3.7. These are the current principles:

1. The overall framework of land rights, responsibilities and public policies should promote, fulfil and respect relevant human rights in relation to land, contribute to public interest and wellbeing, and balance public and private interests. The framework should support sustainable economic development, protect and enhance the environment, help achieve social justice and build a fairer society.

2. There should be a more diverse pattern of land ownership and tenure, with more opportunities for citizens to own, lease and have access to land.

3. More local communities should have the opportunity to own, lease or use buildings and land which can contribute to their community's wellbeing and future development.

4. The holders of land rights should exercise these rights in ways that take account of their responsibilities to meet high standards of land ownership, management and use. Acting as the stewards of Scotland's land resource for future generations they contribute to sustainable growth and a modern, successful country.

5. There should be improved transparency of information about the ownership, use and management of land, and this should be publicly available, clear and contain relevant detail.

6. There should be greater collaboration and community engagement in decisions about land.

Q3 Do you think that the principles are still relevant to current Scottish land issues?

Principle 1: Yes/No

Principle 2: Yes/No

Principle 3: Yes/No

Principle 4: Yes/No

Principle 5: Yes/No

Principle 6: Yes/No

Q4 If you think that the principles could be made more relevant, or that there are any issues that they do not address, please outline this. Please make sure you state clearly which existing principle each suggestion relates to, if applicable.

Contact

Email: landreform@gov.scot

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