| Commentary

40 Schemes

| Commentary

2: COMMONS ACT 1899

40 Schemes

The Commons Act 1899 empowers a district council to make a scheme for the regulation and management of any common in the public interest1. Public interest includes2:

  1. 40.1

        nature conservation;

  2. 40.2

        the conservation of the landscape;

  3. 40.3

        the protection of public rights of access to any area of land; and

  4. 40.4

        the protection of archaeological remains and features of historic interest.

Although the scheme must be in the prescribed form3 regulations may prescribe alternative forms and permit exceptions and modifications to prescribed forms. The council must make and approve the scheme in the prescribed manner4.

The power

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