Drawing up an Internal Agreement
There are solicitors and land agents who specialise in commons and they will be able to use an existing pro forma to reduce the costs of preparing an agreement. They will also be able to advise on the required clauses for the different strands of ES agreements. Land agents generally cost less than a solicitor but if the document is to be signed as a deed then a solicitor needs to be party to the drafting.
The document should address the following issues:
Involvement of non-graziers
Live register – keeping track of numbers and types of grazing livestock
Stocking levels depending on the objectives of the ES agreement
Adjustments to stocking levels in the event of new graziers (i.e. when a maximum level of stocking is required)
Payment schedules for the distribution of money
Contingencies, e.g. as a result of resignations, new graziers, breaches by those involved in the agreement
Binding successors in title
Dispute resolution mechanisms
Compulsory gathers in event of breaches and disease
Sanctions / penalties
Appointment of officers, roles and responsibilities
Voting system for rule changing.
Managing the internal agreement
Once the agreement is drawn up then it will need to be managed, as will the incoming funds. The following list provides guidance on the issues involved in the effective operation of agri-environment agreements.
Hold AGMs and meetings to allow problems to be aired– more often if necessary
Appoint a treasurer or use an agent to distribute payments
Ensure there is a kitty for audit fees, agent fees and any possible contingencies.
Monitor changes to agri-environment payment levels
Keep track of opportunities to upgrade the agreement if circumstances change
Note the date of any break clauses and activate if necessary
Decide in advance what to do in the event of new graziers who have not signed-up to the agreement and implement the measures if necessary so that the agreement is not breached
Live registers are useful for management purposes, and are a requirement for UELS and should be updated annually
Where extra shepherding is difficult, consider clubbing together to employ a contract shepherd
Ensure that there is a mechanism to address breaches in the agreement should they occur so that the remaining commoners are not penalised by one person’s action. Deduction and withholding payments can be a useful deterrent.