Commons Management Act 1989

Subject to subclause (2), the commoners in respect of an existing common shall be taken to be those persons who:

reside within the commoners’ boundaries that were, immediately before the repeal of the former Act, fixed under section 27 of that Act, or

immediately before that repeal, were otherwise commoners by virtue of the grant or other instrument by which that common was created.

The Minister may, by order published in the Gazette:

declare that subclause (1) no longer applies to a common specified in the order, or

alter or extend the commoners’ boundaries of a specified existing common.

For the purpose of this clause, a reference to the commoners’ boundaries of a common is a reference to the boundaries of the area notified in the Gazette in accordance with section 27 of the former Act within or in respect of which the persons entitled to use the common reside or hold the prescribed qualification or, as the case may be, the boundaries of that area as altered or extended under subclause (2).