Wildlife Management and Muirburn (Scotland) Act 2024

13 Application for muirburn licence

(1) An owner or occupier of land may apply for a licence permitting muirburn to be made, for a purpose mentioned in subsection (2), on the land to which the application relates.

(2) The purposes are—

(a) where the land to which the application relates is not peatland—

(i) managing the habitats of moorland game or wildlife,

(ii) improving the grazing potential of moorland for livestock,

(iii) conserving, restoring, enhancing or managing the natural environment,

(iv) preventing, or reducing the risk of, wildfires causing damage to habitats,

(v) preventing, or reducing the risk of, wildfires causing harm to people or damage to property,

(vi) research,

(b) where the land to which the application relates is peatland—

(i) restoring the natural environment,

(ii) preventing, or reducing the risk of, wildfires causing damage to habitats,

(iii) preventing, or reducing the risk of, wildfires causing harm to people or damage to property,

(iv) research.

(3) An application under subsection (1)—

(a) must be made—

(i) to the Scottish Ministers, and

(ii) in such manner and form as the Scottish Ministers may require,

(b) must—

(i) identify the land to which the application relates, specifying whether the land is or is not peatland,

(ii) specify for which of the purposes mentioned in subsection (2)(a) or, as the case may be, (b) muirburn is proposed to be made, and

(iii) include or be accompanied by such other information as the Scottish Ministers may require,

(c) must be accompanied by payment of such reasonable fee as the Scottish Ministers may require, and

(d) must include evidence that the person who will make muirburn has completed a training course approved under section 17.

(4) The Scottish Ministers must publicise any requirements which are for the time being set under subsection (3)(a)(ii), (b)(iii) or (c).

(5) The Scottish Ministers may, by regulations, modify the lists of purposes in paragraphs (a) and (b) of subsection (2) so as to amend, remove or add to the purposes for the time being mentioned in those lists.

(6) Before making regulations under subsection (5), the Scottish Ministers must consult—

(a) Scottish Natural Heritage, and

(b) such other persons as they consider likely to be interested in or affected by the licensing of muirburn.

(7) Regulations under subsection (5) are subject to the affirmative procedure.

(8) It is an offence for a person to knowingly or recklessly make any statement which is false in any material particular for the purpose of obtaining a muirburn licence.

(9) A person who commits an offence under subsection (8) is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).