Muirburn leads to wildfire on same day Scottish Government delays implementing licensing.
RSPB Senior Land Use Policy Officer Andrew Midgley explains why legislation to licence muirburn passed by the Scottish Government as part of the Wildlife Management and Muirburn Act (2024) must be implemented without delay.
To say that coincidence can be an inconvenience is surely true. But when coincidence challenges political decisions, it can be especially unfortunate.
Yesterday, the Scottish Government announced a delay to the implementation of muirburn licensing in Scotland – a huge disappointment to those of us who wish to see this potentially damaging and often risky activity properly regulated. This is the second time it has been kicked down the road.
On the very same day, in a sadly ironic twist, muirburn that was reported as being conducted on a grouse moor in Aberdeenshire got out of control and started a wildfire. The wildfire spread onto a neighbouring National Nature Reserve managed by the Government agency NatureScot, and burnt into woodland that is part of our network of internationally important nature conservation sites. That this occurred is no cause for gloating. It’s a tragic lesson in why regulation is needed without further delay.
It’s now nearly six years since an independent group recommended that the regulation of burning in the hills be strengthened and it's eighteen months since the legislation was passed in the Scottish Parliament. It was acknowledged that muirburn is a high-risk land management activity that should be carefully managed and that regulation would help. This latest delay is further evidence that the Government and NatureScot are failing to properly get a grasp of this issue.
The motive given by the Government for the delay is that the recent large wildfires that have occurred in Scotland have changed the context and it wants time "to consider how these necessary changes to licensing can be brought forward in a way which does not adversely affect our ability to prevent and respond to wildfires".
This sounds reasonable. Wildfire is a concern to a broad spectrum of land managers whether they manage for grouse, forest establishment or habitat restoration, and it is important that we collectively learn any lessons from the recent fires so that we are better prepared in future. But while it sounds reasonable to delay because of the recent wildfires, it is important to note that the Government has already specifically designed the new legislation and licensing scheme to allow land managers to pre-emptively undertake muirburn to mitigate wildfire risk, even on peatlands. Land managers should have the tools to do the job and NatureScot has advised that the new muirburn licensing scheme is ready to implement. It is also perfectly possible that the new system of licensing can be adapted over time based on learning and experience.
Unfortunately, many land managers are resolutely opposed to the idea of having to apply for a licence to burn and this has made it a contentious issue. Consequently, it looks like the Government is kicking this particular hot potato down the road.
It is also evident that some forces are trying to unpick it completely, with amendments to the Land Reform Bill aimed at getting rid of the scheme altogether so they can operate as previously.
For our part, RSPB Scotland sees the new licensing regime for muirburn as part of the solution. Muirburn as a practice has been very weakly regulated since the Second World War and there were many examples of poor practice leading to negative impacts, including starting wildfires.
Stronger regulation of muirburn is needed precisely because muirburn practice needs to improve so that the negative impacts, such as wildfires, are minimised, and the safety of the public and the protection of our natural heritage are safeguarded.
The legislation also seeks to afford greater protection to our peatlands and is therefore part of a wider suite of work to combat climate change. Whilst this legislation sits on the shelf the additional protections are not afforded to peatlands, which will remain one of the biggest sources of greenhouse gas emissions in Scotland, undermining net zero ambitions.
We need to get on and implement this legislation urgently.
The coincidence of these events should serve as a pressing stimulus to the Scottish Government. There can be no more excuses. They must instruct NatureScot to do everything it can to ensure that the legislation is implemented in full in advance of the Autumn 2026 muirburn season.
