New Forest Act 1949

14 Enclosures for cultivation and improvement of grazing. U.K.

(1) The verderers may from time to time on a presentment made to them by the Minister, after the publication by the Minister of such notice of the proposed presentment as appears to him requisite for informing persons concerned, authorise the enclosure by the Minister, for the purpose of cultivation and the improvement of grazing, of such land in the Forest as the verderers may specify, in addition to the land which may be enclosed apart from this section:

Provided that the total area of land which may be enclosed at any one time by virtue of this section shall not exceed [F1 1,214 hectares].

(2) The Minister shall make arrangements as respects land enclosed by virtue of this section for securing that the land will be cultivated by persons acting on behalf of the Minister, and that the land is so cultivated that after the growing over such period as he may determine of other crops the land will be left as permanent pasture and dealt with in accordance with subsection (4) of this section as soon as it appears to the Minister expedient so to do, but in any case not later than the expiration of such period as may have been agreed between the verderers and the Minister on the Minister being authorised to enclose the land or of that period as subsequently extended by the verderers.

(3) Where it is so agreed between the verderers and the Minister, the Minister shall make to the verderers in respect of land for the time being enclosed by virtue of the foregoing provisions of this section payments of such amounts as may be specified in the agreement.

(4) Where land which has been enclosed by virtue of the foregoing provisions of this section falls to be dealt with in accordance with this subsection, the verderers may either cause the land to be laid open without restriction or may, by enclosure or otherwise, prohibit or restrict the depasturing of animals thereon for such periods, to such extent and in such manner as they may consider necessary for the purpose of preserving the pasture.

(5) Land enclosed by virtue of this section shall, while it remains enclosed, be held free from all rights of the commoners, and those rights shall be subject to any restriction imposed under the last foregoing subsection; but no enclosure shall be made by virtue of this section so as to interfere with any right of the public to use highways crossing the land.

(6) The verderer appointed by the Minister shall not vote on any question arising on a presentment under this section.

Textual Amendments

F1 Words substituted by S.I. 1979/836, Sch. para. 5(5)