Scotland's muirburn licensing pushed back a second time in wake of severe wildfires

New licensing rules for muirburn have been pushed back a second time in the wake of devastating wildfires.

Muirburn licensing – introduced under the Wildlife Management and Muirburn (Scotland) Act – had originally been due to take effect at the start of the 2025 muirburn season on September 15.

However, with rural groups raising concern about “significant logistical challenges” under the proposed rules, particularly around the expectations for estates to measure deep peat, the implementation was pushed back to January 1.

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Muirburn is the traditional, controlled burning of moorland vegetation, primarily heather, to stimulate fresh growth for grazers and gamebirds and to create firebreaks against wildfires.

The Scottish Government said the delay would “provide us with the time and opportunity to carefully consider the upcoming changes to muirburn and how these changes can be brought forward in a way which does not adversely affect our ability to prevent and respond to wildfires”.

Crews at the scene of the wildfire on the Dava Moor in July. | Bright Spark Burning Techniques

The decision comes after the devastating Carrbridge and Dava wildfires, described by many in the rural sector as Scotland’s largest ever wildfire incident, which are estimated to have released 590,000 tons of carbon dioxide (CO2) equivalent over just four days.

The causes of both were recorded as “accidental”. The Scotsman revealed earlier this month that a coastguard flare was linked to the Carrbridge wildfire.

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Scottish Land & Estates (SL&E), which has been a key player in challenging the new legislation, said the move “acknowledges the crucial role that controlled muirburn plays in reducing fuel load to mitigate risk and support containment efforts by land managers and firefighters”.

Ross Ewing, director of moorland at SL&E, said: “Muirburn, as carried out by estates, gamekeepers and land managers across Scotland, remains an essential tool in mitigating the growing threat of wildfires. Its importance to effective upland and moorland management cannot be overstated, and we welcome [Agriculture Minister] Jim Fairlie’s decision to listen to stakeholders and pause the introduction of licensing.

“Without this delay, the ability to undertake controlled muirburn would have been significantly constrained, increasing the build-up of vegetation and, in turn, the risk of wildfire.”

Ross Ewing, director of moorland at SL&E | SL&E

Mr Ewing said if the new legislation made it harder for skilled land managers to carry out preventative muirburn, “not only will we see fuel loads increase, but we also risk losing the very infrastructure and expertise that helped contain these recent fires”. He said this would be “catastrophic for rural Scotland”.

Some campaigners, however, have called for muirburn to be banned altogether, claiming it plays a roll in causing wildfires.

Read more: 'Muirburn does reduce fire risk' - Scottish fire service calls on landowners to be vigilant in wildfire season

The RSPB Scotland has previously claimed managed burning of heather is “a high risk land management activity” and campaigned for the practice to be strongly regulated.

Duncan Orr-Ewing, head of land management at the charity, said: “RSPB Scotland is deeply disappointed that yet another delay to the implementation of the muirburn provisions of the Wildlife Management and Muirburn Act 2024 has been announced by the Scottish Government.

“Concern over wildfire in the uplands of Scotland unites a broad spectrum of land managers, particularly in the wake of this year’s fires. RSPB Scotland sees improved regulation of muirburn as a part of the solution.”

The announcement comes ahead of next week’s ‘wildfire summit’ to be led by Mr Fairlie and Community Safety MinisterSiobhan Brown in Grantown-on-Spey, which lies next to land devastated by the Carrbridge wildfire in the summer months.