Sensible delay to Scottish muirburn licensing rollout

BASC has welcomed the Scottish Government’s decision to postpone the implementation of muirburn licensing.

The government had planned to introduce a licensing scheme ahead of 15 September – the start of the new muirburn season. However, a range of organisations, including BASC, raised serious concerns about the readiness and practical implications of the proposed scheme.

In April this year, BASC called on the Scottish Government to pause the implementation of the proposed muirburn licensing scheme until the 2026/27 season. Proceeding with muirburn licensing in its current form would have risked confusion, undermined public trust and jeopardised effective upland management.

Land managers and practitioners across Scotland have also highlighted significant challenges, particularly around the practicality and viability of proposed peat probing requirements. These issues are compounded by a recent surge in wildfires, underlining the essential role of controlled burning in safeguarding landscapes and biodiversity.

Introducing a licensing system without clear guidance, stakeholder consensus or adequate preparation would have been deeply irresponsible.

BASC has actively engaged in the consultation process to ensure the views of its members are not only heard but acted upon. Key areas of concern include:

• unclear guidance on how to measure peatland depth;
• a lack of distinction between legal obligations and best practice recommendations; and
• excessively rigid restrictions on burning in sloped terrain.

These issues must be resolved before any licensing system can be implemented with credibility.

BASC also pointed to the disorganised rollout of the grouse shoot licensing scheme in 2024 as a cautionary tale, where unclear land boundary definitions led to confusion and disruption. Such haste undermines confidence in the licensing process.

Crucially, concern over muirburn licensing extends beyond the shooting community. Other rural stakeholders, including the National Farmers Union of Scotland, have echoed BASC’s warnings, citing the wider implications for landowners, farmers and land managers.

BASC Scotland director Peter Clark said: “We welcome the decision to postpone the implementation of muirburn licensing.

“Muirburn is vital for promoting biodiversity on moorland and for preventing wildfires. At every stage, BASC has raised concerns about this scheme due to major flaws in the Muirburn Code and the impracticality of completing peatland sampling before 15 September.

“We have already seen the consequences of hastily introduced licensing schemes, such as the confusion caused by the grouse shoot licensing scheme last year.

“We urge the Scottish Government to revisit the scheme to ensure it is both workable and practicable for the sector.”

Get more news from BASC Scotland here.