Hill Farming Act 1946

[F1 23C Muirburn licences S

(1) The Scottish Ministers may grant a licence to a person to make muirburn (a “muirburn licence”) during any period, other than the muirburn season, specified in the licence.

(2) A muirburn licence may, in particular, make provision for—

(a) the land on which the muirburn may be made; and

(b) the persons or types of persons who may make the muirburn.

(3) A muirburn licence may—

(a) relate to only part of the land to which the application relates;

(b) be subject to any specified conditions (including conditions about the giving of notice).

(4) A muirburn licence may be granted only for the purposes of—

(a) conserving, restoring, enhancing or managing the natural environment;

(b) research; or

(c) public safety.

(5) The Scottish Ministers may modify or revoke a muirburn licence.

(6) The Scottish Ministers may delegate their power to grant, modify and revoke muirburn licences to Scottish Natural Heritage.

(7) A delegation—

(a) must be made by written direction; and

(b) may be, to any degree, general or specific and may in particular relate to—

(i) a particular licence or type of licence;

(ii) a particular area.

(8) Unless it specifies otherwise, a delegation relating to a particular type of licence includes the power to modify or revoke licences of that type which were granted before the delegation.

(9) The Scottish Ministers may modify or revoke a direction under subsection (7).

(10) Where a direction is revoked, any existing licence granted under the direction continues to have effect (unless the revoking direction provides otherwise).

(11) The Scottish Ministers may, by regulations, make further provision for, or in connection with, muirburn licences.

(12) The power conferred by subsection (11) must be exercised by statutory instrument.

(13) A statutory instrument containing regulations under subsection (11) is subject to annulment in pursuance of a resolution of the Scottish Parliament.]

Textual Amendments

F1 Ss. 23B, 23C inserted (S.) (1.8.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 34(4), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(2)