Wildfires in Scotland may once have seemed a remote possibility, however they have in recent years become a reality and in the last week, parts of the Highlands have been given a ‘very high’ wildfire warning status which has been extended across many parts of Scotland. This status is also likely to remain in place for weeks to come. Rural communities can be greatly impacted by wildfires and they can cause substantial environmental and economic damage which can take years to remedy. With many of us enjoying the rural outdoors during this sunny period, it is important to be aware of the Scottish Outdoor Access Code and the responsibilities on the public to protect the countryside, wildlife and those living and working within it.
Responsible Behaviour by the Public
Everyone has access rights to the outdoors thanks to the Land Reform (Scotland) Act 2003 – known as the “Right to Roam”. This established a statutory framework of public access rights to most land and inland water in Scotland whether it be for recreation, commercial purposes or educational activity. However, you will only have access rights if you exercise them responsibly by following the Access Code. To follow the code you must:
- Respect the interests of others,
- Care for the environment,
- Take responsibility for your own actions.
Many members of the public may be making camping plans for the nice weather, or planning BBQs in the outdoors. However despite appearing green and lush, Scotland’s forests can be fuel for wildfires. Given this prolonged dry period there is a heightened wildfire risk and the public are currently advised to avoid starting open fires in the countryside. If you must light an open fire, you have a duty to keep the fire small and contained. Wherever possible, use a stove rather than light an open fire. Never light an open fire in areas such as forests, woods, and farmland or near to buildings or cultural heritage sites where damage can be easily caused. The Access Code also applies to lighting fires on beaches (including the zone between low and high tides).
Once you are finished with your fire, always ensure it has been fully doused out and cleared properly. Open fires that are unsupervised can cause major damage and you may be found liable as per the Civic Government (Scotland) Act 1982 with a fine of up to £1,000.
Responsible Behaviour by Land Managers
During periods of drought, Land Managers are encouraged to work with the fire and local rescue teams to inform the public of the dangers of open fires. As a Manager, if you encounter a fire that is in breach of the Access Code, explain the danger to the people involved and ask them to bring the fire under control. If they refuse to do so, they can be asked to leave. Should the person’s behaviour become threatening, do not intervene and immediately contact the police. The police can then consider whether to issue on-the-spot fines under the Antisocial Behaviour etc. (Scotland) Act 2004 or charge people if it can be shown that there is malice or deliberate action involved in setting the fires.
By following the Access Code, we can ensure that everyone enjoys the nice weather responsibly and help to prevent any further wildfires across our rural landscape. If you see a wildfire, please call 999 and ask for the Fire Service.
If you would like further advice on any of the points raised in this article, please contact the Land & Rural Business team on 03330 430350.
