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Wildlife and Natural Environment (Scotland) Act 2011

Subsection (4)

219.Subsection (4) inserts new section 23B and 23C into the 1946 Act.

Extension of muirburn season etc. – inserted section 23B of the 1946 Act

220.Section 23B of the 1946 Act enables the Scottish Ministers by order to further regulate the making of muirburn, where they have extended either muirburn season under section 23A(1) of that Act. Such further regulation might include provision on notification requirements, or on the making of objections or requiring approval for burning in an extended season, or as to the making of muirburn being subject to specified conditions. Relevant offences can also be created (subsection (3)(g) to (i)).

221.Orders made under section 23B are subject to negative procedure in the Scottish Parliament (subsections (6) and (7)).

Muirburn licences – inserted section 23C of the 1946 Act

222.Section 23C of the 1946 Act enables the Scottish Ministers to license out of season muirburn for the purposes of protecting the natural environment, for research, or for public safety. Muirburn licences may be granted subject to conditions.

223.Scottish Ministers may delegate their powers to grant, modify or revoke a muirburn licence to SNH (subsections (6) to (10).

224.Scottish Ministers may by regulations make further provision for, or in connection with, muirburn licences (subsection 11). Such regulations are subject to negative procedure in the Scottish Parliament (subsections (12) and (13)).

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