Decision to delay new muirburn rules in Scotland hailed as a 'pragmatic' move

Rural groups have welcomed the Scottish Government’s decision to delay muirburn licensing rules by several months.

The move was hailed as “a pragmatic and necessary step” by landowner organisation Scottish Land and Estates (SL&E).

Ministers confirmed they would delay the start date for licensing until January 1 next year – just over three months later than the previous intended start date of September 15 this year.

Muirburn, controlled burning in cooler months, can help reduce the risk of wildfires

The provisions of the Wildlife Management and Muirburn (Scotland) Act 2024 will require a licence to be in place for all muirburn activity including on non-peatland.

Muirburn is the controlled burning of moorland vegetation between September and March to encourage new growth, either heather or grassland, for the management of moorland game and wildlife. It has also been used for generations as a technique to prevent wildfires as it creates fire breaks in the land.

The licensing proposals raised widespread concern among the rural sector due to the complexity of mapping peat depth, establishing survey data and preparing licence applications.

They had warned that rushing the system into place before the start of the 2025–2026 muirburn season would have created unworkable conditions and significantly increased wildfire risk.

Rural groups including SL&E, NFU Scotland, the Scottish Gamekeepers Association, Scotland’s Regional Moorland Groups and BASC worked together to call on ministers to make a more realistic timetable on muirburn licensing.

Ross Ewing, director of moorland at SL&E, said: “We welcome the Scottish Government’s decision to delay the introduction of muirburn licensing until January 2026.

“This is a pragmatic and necessary step that reflects the serious technical and logistical challenges raised by stakeholders across the rural sector.

“There is broad consensus that muirburn, when conducted responsibly and in line with best practice, is an essential land management tool – not least in helping to reduce fuel loads and mitigate the growing threat of wildfires.

“However, introducing a licensing system without giving land managers sufficient time to comply would have been counterproductive and potentially dangerous.”

Earlier this year, at the start of the wildfire season, the Scottish Fire and Rescue Service said muirburn is an effective tool for wildfire management.

SFRS wildfire chief Michael Humphries said firefighters are trained on “back burning” when it comes to wildfire prevention which he said is essentially the same.

Some conservation groups have opted to trial different methods to prevent wildfire spread, including wetting and rewetting parts of the landscape or cutting “fuel load”, a term used to describe vegetation that could raise the risk of wildfires or further their spread.

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Other conservation groups, including Trees for Life, claim native broadleaf woodlands are more wildfire resilient.

RSPB Scotland, for example, claims muirburn is “a high risk land management activity” and campaigned for the practice to be strongly regulated.

A spokesperson for the charity said: “Peatlands are our vital carbon stores, and the Scottish Government is rightly investing in their restoration as part of achieving its Net Zero climate change commitments. Over 80 per cent of our peatlands have suffered in the past from drainage, burning, and other forms of damage.

“We can accept the short delay in implementing the new muirburn regulations approved by the Scottish Parliament last year for practical reasons, however it is critical that these sensible proposals are now implemented in full and as soon as possible.”

The Cairngorms National Park Authority is waiting for ministers to approve a seasonal fire management bylaw which would last from 1 April to 30 September each year.

The move is a way of addressing potential wildfire risk from members of the public using campfires in the national park during the busy tourist period.