212.Subsection (2) replaces section 23 of the 1946 Act which deals with the permitted times for making muirburn.
213.Section 23 of the 1946 Act establishes a positive muirburn season, consisting of a “standard muirburn season” (1 October until 15 April) and “extended muirburn season” (16 April until 30 April) (subsections (2) to (4)). Muirburn may only be made during the extended muirburn season by the owner of the land, or with the owner’s permission (subsection (5)).
214.The new section 23 removes the ability to make muirburn between 1 May and 15 May on land situated more than 450 metres above sea level which had previously been lawful with the proprietor’s permission. Under the new section 23, the last date of the “extended muirburn season” at any altitude is 30 April.
215.The new section 23 also removes a power for Scottish Ministers to make limited extensions to the muirburn season in the spring by direction. This power is replaced by an extension to the order making power in section 23A of the 1946 Act.