Wildlife Management and Muirburn (Scotland) Act 2024

14 Grant of muirburn licence

(1) Subject to subsection (2), the Scottish Ministers must grant a licence permitting muirburn to be made on land to which an application under section 13 relates for a purpose specified in the application if—

(a) they consider it appropriate to do so, having regard in particular to the applicant’s compliance with the Muirburn Code,

(b) where the land to which the application relates is peatland, they are satisfied that—

(i) the making of muirburn is necessary for the specified purpose, and

(ii) no other method of vegetation control is practicable, and

(c) they are satisfied that the person who will make muirburn has completed a training course approved under section 17.

(2) The Scottish Ministers—

(a) must not grant a licence permitting muirburn to be made outwith the muirburn season for the purpose mentioned in section 13(2)(a)(i) or (ii),

(b) may grant a licence permitting muirburn to be made outwith the muirburn season for any of the purposes mentioned in section 13(2)(a)(iii) to (vi) only if they are satisfied that it is necessary to do so.

(3) The Scottish Ministers may, if they consider it appropriate to do so, grant a licence under subsection (1) in relation to only some of the—

(a) land to which the application relates,

(b) purposes specified in the application.

(4) In this Part, “muirburn licence” means a licence granted under subsection (1).