New Restrictions on Muirburn to be Introduced

Moorland managers throughout Scotland, including those on common grazings in the Highlands and Islands, will need to take action to ensure compliance with the new Wildlife Management and Muirburn (Scotland) Act, including the need to undertake training and apply for a license if burning is to take place. 

The Wildlife Management and Muirburn (Scotland) Act, which was passed by the Scottish Parliament in 2024, is likely to come fully into force ahead of the muirburn season in October of this year. Although much of the focus of this act was on the grouse moors of eastern and southern Scotland, it affects all areas where burning takes place, including common grazings and other moorland in the west Highlands and Islands.  

It is therefore essential that all those involved in the management of such areas take action now to prepare for the new requirements. Under the new legislation, muirburn can only be undertaken legally if: 

• The owner or occupier of the land has applied for, and been granted, a license for this purpose. 
• The person undertaking the muirburn has completed an approved training course. 

The license application must state the purpose of the muirburn, the extent of the area to be burnt and whether or not it is peatland (defined as areas where the peat depth exceeds 40cm). This distinction is important as burning will not generally be permitted on peatland areas and will only be licensed as part of a targeted project to restore the peatland or to reduce wildlife risk (e.g. by removing rank heather on previously drained peatland).  

On non-peatland soils, muirburn can be licensed to manage the habitats of game and wildlife and to improve grazing for livestock. The new legislation places the Muirburn Code on a statutory footing as a requirement of the license, whereas previously it was a code of good practice (although a requirement of cross-compliance). It is anticipated that a revised version of the code will be issued ahead of this year’s muirburn season. 

Well managed muirburn can deliver several benefits, when carried out in the right place and in the right way such as encouraging new vegetation growth that can encourage more even grazing of habitats and avoid localised over-grazing. Other benefits include: 

• Reduce the dominance of old, rank heather, which reduces the risk of large wildfires. 
• Allow other shrubs such as blaeberry and bearberry to flourish. 
• Provides a habitat for ground-nesting birds such as golden plover and Lapwing, which prefer short vegetation.  

Poorly managed muirburn in the wrong place can cause significant problems however including:

• Exacerbate the drying and erosion of peatland. 
• Entrench the dominance of less palatable grasses such as molinia. 
• Damage and destroy plants such as juniper. 
• Kill reptiles. 
• Destroy ground nesting birds’ nests if carried out too late in the spring. 
• Speed up water run-off on steep slopes increasing the flood risk downstream. 

Adhering to the new rules will help ensure that the benefits outweigh the problems. 

Over the coming months, the key action points for anyone involved with muirburn, whether on common grazings or elsewhere, are: 

• Investigate options for muirburn training courses. Lantra or your local SAC Consulting office may be able to suggest options. 
• Start mapping peatland areas within your landholding. The National Soil Map of Scotland may help with this, although may not have all the fine detail necessary.  
• Think about the aims of muirburn on your landholding and whether alternative management such as adjustments to grazing management might achieve some of these aims. 
• Prepare for the requirement to submit a license application ahead if the muirburn season. 

Useful Links 

• www.fas.scot/environment/biodiversity/muirburn-code 
• www.fas.scot/podcast/podcast-muirburn-on-common-grazings

Paul Chapman, Senior Conservation Consultant, Paul.Chapman@sac.co.uk

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Posted by Unearthed News on 12/05/2025