The Act
Part 2—Muirburn licensing
Muirburn licences
Section 13—Application for muirburn licence
79.Section 13 sets out the requirements for applying for a muirburn licence. An application that does not fulfil the requirements would not be valid and therefore could not provide a basis for granting a licence under section 14.
80.Amongst other things (such as evidence of having completed an approved training course or the payment of a fee), an application has to specify the purpose for which the applicant wishes to make muirburn, which must be one of the purposes listed in subsection (2). Subsection (2) sets out different lists of permissible purposes depending on whether or not the land in question is peatland (as defined in section 22). For example, preventing, or reducing the risk, of wildfires, which could include the managing of fuel loads that would otherwise cause wildfires.
81.Subsection (5) gives the Scottish Ministers a power to modify by regulations the lists of permissible purposes for which muirburn can be made. Regulations under that power would be subject to the affirmative procedure (which is defined in section 29 of the ILRA 2010). Before making regulations to modify the list of purposes the Scottish Ministers must consult Scottish Natural Heritage and such other persons as they consider likely to be interested in or affected by the licensing of muirburn.
82.Subsection (8) makes it a crime to knowingly or recklessly make a false statement about anything material in order to obtain a muirburn licence. The maximum penalty for anyone committing the offence is the same as for anyone committing the offence under section 9 (see paragraph 75 above).
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