BURNING RESTRICTIONS RAISE RURAL TRADE CONCERNS

IMAGE: SHUTTERSTOCK - JOE H TAYLOR

The UK government has launched an eight-week consultation on potential changes to the regulations governing heather burning on peatlands in England, a move that could have significant implications for the shooting and land management industries. The consultation, led by the Department for Environment, Food & Rural Affairs (Defra), seeks input on proposals to further restrict heather burning practices.

Peatlands are a key part of the rural landscape and are of international significance, but around 80% of England’s peatlands are in a degraded state. Rotational burning, often used as a land management tool on grouse moors and upland estates, has been identified as a contributing factor in some areas. Current regulations, set out in The Heather and Grass etc. Burning (England) Regulations 2021, restrict burning on peatland over 40cm deep within Sites of Special Scientific Interest (SSSIs) that are also Special Areas of Conservation (SACs) or Special Protection Areas (SPAs), requiring a licence.

If implemented, the proposed changes would significantly increase the area currently protected from rotational burning, expanding it from 222,000 hectares to over 368,000 hectares of England’s total 677,250 hectares of deep peat. This would mean that the entire area of upland deep peat potentially subject to burning would be protected, while around half of England’s deep peat, which is located in lowland areas, would remain unaffected.

The government’s consultation outlines potential amendments to these regulations, including extending protected geographical areas, adjusting the peat depth threshold, refining licensing criteria, and introducing mandatory compliance with the Heather and Grass Management Code. It also proposes mandatory training for prescribed burning and wildfire management, bringing England’s approach more in line with regulations in Scotland.

These proposed changes could directly impact estates and land managers involved in driven grouse shooting, as well as gamekeepers and rural businesses that rely on responsible heather burning for habitat management, grazing, and wildfire risk mitigation.

The British Association for Shooting and Conservation (BASC) is urging the shooting community and related businesses to respond to the consultation, highlighting the importance of maintaining responsible burning practices. Alex Farrell, BASC’s head of uplands, said: “We are reviewing the evidence presented and will robustly respond to this consultation, pointing out the positive benefits of responsible heather burning to Defra. Any changes to burning regulations must be based on sound science and tie in with practical land management.

“Controlled burning in the uplands is an essential tool for grazing, livestock, improving habitat for diverse wildlife, managing grouse moors to support sustainable grouse shooting, and wildfire management and mitigation.

“We will work to challenge misleading narratives and advocate for a balanced, evidence-based approach that protects conservation goals and the livelihoods of those who manage our uplands. We strongly encourage our members and stakeholders in the shooting and land management sectors to engage with the consultation on this critical issue.”

Trade bodies and land managers are being encouraged to participate in the consultation to ensure that practical land management considerations are adequately addressed and that any new regulations do not unduly restrict legitimate and sustainable land use practices.

MEANWHILE IN SCOTLAND…

While England’s consultation process is still ongoing, the Scottish Government is preparing to implement its own muirburn licensing scheme from 15 September 2025 — a move that has prompted growing concern among rural organisations and trade bodies.

BASC is calling for a delay to the rollout, arguing that the scheme, in its current form, lacks clarity and risks damaging both trust and land management outcomes. The muirburn code that underpins the licensing system is still under consultation by NatureScot, and there is widespread concern about how the rules will work in practice.

KEY ISSUES RAISED BY BASC AND OTHERS INCLUDE:

• Ambiguous guidance on measuring peat depth

• Unclear distinctions between legal obligations and best practice

• Restrictive proposals for burning on slopes

BASC warns that the situation echoes the rushed rollout of grouse shoot licensing in 2024, where last-minute decisions led to confusion about land eligibility and operational compliance. This has fuelled calls for a more cautious and collaborative approach.

The recent spike in wildfires across Scotland has added urgency to the debate, with land managers emphasising the value of controlled burning in reducing fuel load and mitigating fire risk. BASC Scotland director Peter Clark said: “The Scottish Government must now take the responsible course of action: hit pause on this flawed rollout and commit to a timeline that ensures due diligence, stakeholder confidence and regulatory clarity. Scotland’s uplands deserve nothing less.”

Landowners, gamekeepers and upland businesses are being advised to stay informed and to prepare for the licensing process — while continuing to engage with government to ensure workable policy is delivered in 2026 and beyond.