Highland landowners may face prosecution over hill burning

Landowners in the Highlands have been warned they may face prosecution if they don’t stop controlled burning, after firefighters have been tackling almost 200 wildfires over the last week.

Legal muir burning, where fires are deliberately set to burn off long grass and heather to encourage new grazing for sheep and grouse, is currently taking place.  Muirburning is allowed under The Muirburn Code from October 1 to April 15 (or 30 with landowner’s permission), although in exceptional circumstances it may be extended. However, the Scottish Fire and Rescue Service said conditions were “clearly unsuitable” for burning and have issued a list of 17 criminal offences associated with this type of activity. These include leaving a fire unattended, being unable to control a fire or having not made provision for its proper control.

The latest edition (2011) of The Muirburn Code is available here.

If landowners are forced to stop their burning, they are quite likely to request an extension (see here) to the official muirburn season, which could have a devastating impact on ground-nesting birds.

More detail on the BBC website (here), Scotsman (here), STV news (here), Telegraph (here), Guardian (here)

4 thoughts on “Highland landowners may face prosecution over hill burning”

  1. Good! I detest the effects of Muirburn which leaves ugly and unatural scars on the hills. Just driven south on the A9 from Inverness and saw 3 different locations where Muiburn was taking place, fine them all!!

  2. I won’t hold my breath, the fire brigade, the police, the RSPB, the SSPCA and SNH have all been aware of who in particular the serial arsonist culprits are in the far north of Scotland, it’s been well known for many years and nobody has even been close to being convicted for it. I can’t even remember a case where anyone up here was ever apprehended and prosecuted for it even though it was well known who was lighting the fires.

  3. They should charge them the hourly cost of the Firefighters wages, call out charges etc etc. still I doubt even that would stop them, they see it as a right, they’ve always done it so they will always continue to do it regardless. just like killing Raptors, shooting with leadshot, bloody dinoursaus incapable of evolving

  4. Yes, they have been warned, but how many warnings will be dished out before any action is taken. There should not be any warnings at all, but straightforward prosecutions for their illegal actions.

    According to Wikipedia, the crimes of Wilful Fire-raising, coupled with Culpable and Reckless Conduct can lead to a maximum sentence of life imprisonment. Can we use vicarious liability for these crimes?

    And before any pro-shooting buffoon offers criticism of using Wikipedia as a data source, I will just add that Wikipedia is far more trustworthy than anything that the SGA or SLE has to offer.

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