Following the enactment of the Wildlife Management and Muirburn (Scotland) Act 2024, those in the rural sector have been keenly awaiting sight of the draft Muirburn Code which is to provide guidance on the new legislation and licencing regime (for further information see Brodies' previous blog here). However, the draft Code, now published for public consultation, has received criticism from landowners and managers, particularly in relation to the impact the new requirements could have at a time when wildfires are on the increase in the UK.
The Scottish Fire and Rescue Service issued 'extreme risk' warnings for wildfires in April 2025. Following an extremely dry Spring, the instances of wildfires in Scotland have featured regularly in the press with an estimated 30,000 hectares already impacted across the country this year, according to the BBC.
Muirburn has long been a recognised mechanism to reduce the risk of wildfire as it reduces the vegetation or "fuel load" on land.
Changes to muirburn practice
The Wildlife Management and Muirburn (Scotland) Act 2024 seeks to impose stricter regulation of muirburn practices. It introduces a new licensing requirement and whilst the aim of the licence is hoped to reduce the risk from wildfire, some have commented that it could have a damaging impact instead as it could restrict the ability of landowners/managers to reduce the available fuel load. Once the licensing regime is in place it will become a criminal offence to carry out muirburn in Scotland without a licence.
What does a Licence require?
Granting of a licence will require the applicant to provide to NatureScot the following:
- Details of the area(s) to be burnt;
- Evidence of having completed muirburn training;
- Confirmation the Muirburn Code will be complied with;
- Peat depth survey data (optional, depending on the area)
The Code which is currently in draft form states that certain areas such as peatlands – which the Act defines as land with peat layers of 40cm or more, that definition itself being problematic - will not be licenced for muirburn unless there is a licensable purpose and that other areas, such as slopes over certain gradients should be avoided for muirburn given the increased risk of uncontrolled spread.
The concern for landowners and managers is that the Code as currently drafted may impact the ability to muirburn and inadvertently cause further damage to the landscape the legislation aims to protect.
The finalised Code and commencement of the licencing regime is awaited. Key sector bodies including Scottish Land and Estates have been consulting with the Scottish Ministers and NatureScot urging postponement of the introduction of the licencing regime to allow time for the practical issues of implementation to be tackled. The intention had been to introduce the licensing regime in September 2025 for the start of the muirburn season on 1 October 2025. However, the Scottish Government announced in mid-June 2025 that the licencing requirements will be delayed until 1 January 2026 – a move publicly welcomed by Scottish Land and Estates and others. What the Code will require and the impact the new licencing regime will have on those in the sector and the prevalence of wildfires remains to be seen.
For more information please do contact the Health & Safety team at Brodies or your usual Brodies contact.
