The introduction of a ‘transfer test’ in the draft Bill is a watering down of a meaningful Public Interest Test
Key areas of amendment in the Land Reform Bill to create a Public Interest Test: 1. Part 2A on Lotting of Large Land Holdings needs to be properly re-defined as a Public Interest Test 67N could be reframed as Ministerial Public Interest Test Decision – with lotting named as a potential outcome 2. Creation of accompanying guidance on public interest considerations which inform PIT and lotting decisions mentioned at 67A 3. Land Management Plans (LMP) to be informed by accompanying guidance (under 44B) which follows the same public interest considerations as for the PIT to ensure the legislation is proportionate and predictable from a regulatory perspective. 4. Alignment of thresholds for LMP and PIT at 500ha, 25% of any inhabited island and sites of community significance to ensure the legislation is proportionate and predictable from a regulatory perspective – 44D and 67H. CLS would welcome the Net Zero Committee scrutinising why the Scottish Government have not proceeded with a Public Interest Test and recommending in their Stage 1 Report that a Public Interest Test be included through amendment.