233.Subsection (8) inserts new section 26A of the 1946 Act. regarding the permitted methods for giving muirburn notices. Subsection (6)(b) repeals the previous notification requirements set under section 25(c) of the 1946 Act.
Giving of muirburn notices under sections 24(2) and 26 – inserted section 26A of the 1946 Act
234.Section 26A of the 1946 Act specifies the permitted methods for giving muirburn notices. It permits personal delivery, the leaving or posting of notice, and written messages.
235.It also permits the use of electronic communications (including email, text message and fax) where the person to be notified has agreed to be notified in that way. Notices given by electronic communications are deemed to have been received 48 hours after they are sent.
236.Where it is not possible to ascertain the identity of an occupier who requires to be notified, fixing a notice to a conspicuous object on their land is a permitted form of notification.