A highland Crofter who was recently convicted of Muirburn offences, caused damage to eight acres of land because he did not take due care when undertaking burning operations. With the muirburn season approaching, you can ensure you stay out of the heat by following the Muirburn Code.
What is Muirburn?
Muirburn is the practice of burning off old growth on a heather moor, sometimes including gorse bushes and grasslands, to encourage new growth for grazing and habitat purposes. The heather will regenerate after the fire, ideally to create patches of different ages with the variation suiting deer, livestock, and other wildlife.
In Scotland, the muirburn season runs between the 1st October and 15th April inclusive and may be extended to 30th April at the discretion of the landowner. Subject to certain requirements, some land will be eligible for payment of £76.68 per acre of completed burn from the Scottish Government Rural Payments and Inspections Directorate scheme. One requirement of the application is that any muirburn must be undertaken in accordance with the Muirburn Code.
Additional guidance exists for areas that are protected or listed as sensitive, for example peatland, because the risk of damage outweighs the benefits. More details are contained in the full Muirburn Code which can be found here.
Offences
Sections 22-27 of the Hill Farming Act 1946 (as amended) (“1946 Act”) regulate muirburn in Scotland. It confirms that an individual will be guilty of an offence in terms of the 1946 Act if they:
- undertake muirburn at any time outside of the muirburn season, without an out-of-season muirburn licence from NatureScot;
- commence muirburn in the period from one hour after sunset to one hour before sunrise;
- fail to provide sufficient staff and equipment to control and regulate the burning operations;
- undertake muirburn on any land without giving at least 7 days’ notice of their intention to the owner of adjoining lands, and if the individual is a tenant, to the owner of the land. For the avoidance of doubt, notice should be in writing, and include details of the time, place, and approximate extent of the intended muirburn;
- undertake muirburn on land without due care which results in damage to woodlands on or adjoining the land or any other adjoining land.
If found guilty of a muirburn offence, you could be liable to receive a fine of up to £1,000 per offence.
Do’s and Don’ts
When participating in muirburn you must ensure:
- there are enough people and equipment to control fires appropriately;
- you have the relevant consents from NatureScot prior to starting; and
- owners of neighbouring property within 1km of the proposed burning location are notified in writing no later than seven days prior to starting muirburn. If additional information is requested by any owner, you must provide this no later than the end of the day prior to burning.
Safety is a priority when participating in muirburn. It is essential that you do not:
- leave a fire unattended.
- Cause damage to neighbouring property, woodlands, or scheduled monuments.
- Burn within 30m of a public road.
- Burn in the period from one hour after sunset to one hour before sunrise.
For further information and advice relating to land management and land ownership implications in Scotland, please contact a member of Thorntons’ Land and Rural Business Team on 03330 430350
