Memorandum of Understanding

In carrying out their statutory role as managers of the New Forest, the Forestry Commission are constrained by the existence of rights of common. However, these rights are subject to the Forestry Commissions’ statutory powers. The Commission have power, amongst other things, to authorise the use of land in the New Forest for the purpose of recreation and the appropriation of land in the New Forest for car parking and for camping sites. They also have powers to provide tourist, recreational or sporting facilities. The powers in the various New Forest Acts and those in the Countryside Act are only exercisable with the agreement of the Verderers.

In the context of the day-to-day management of the New Forest, it is necessary to decide how particular activities or other items which the Forestry Commission propose to permit, fall to be treated in the light of the legal rights and obligations outlined above. In particular, the parties have not always been able to agree whether particular items legally require the agreement of the Verderers. The purpose of the Memorandum of Understanding (MOU) is to set out the parties’ intended approach in respect of specific items which the Forestry Commission are likely to wish to permit in the New Forest in the future.