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25 August 2008

Dear Consultee

CONSULTATION ON PROVISIONS RELATING TO MUIRBURN DATES

I am writing to seek your views on potential changes to the Hill Farming Act 1946. The proposed changes would give Scottish Ministers the power to vary the permitted dates for making muirburn in the future, as a response to changing climate.

Background

This consultation builds on suggestions made by stakeholders in the Scottish Climate Change Bill consultation.

Muirburn is governed in legislation by the Hill Farming Act 1946, which permits muirburn at certain prescribed times of the year. Fire has been part of the upland environment for many thousands of years. It occurs naturally as a result of lightening strikes and is probably one of the most useful, and oldest land management tools. However, it is a powerful tool which needs to be used with skill and understanding. Today, the making of muirburn is an essential land management tool used by upland managers, necessary to prevent uncontrolled wildfires and to facilitate habitat management.

As a result of the need to adapt to the effects of climate change, greater flexibility may be required in future so that the permitted dates of the muirburn season can be varied. It is anticipated that this will help support the long-term sustainable management of the uplands.

A statutory burning season is set out in the 1946 Act. The making of muirburn is generally permitted in Scotland only between 1 October and 15 April inclusive.

The proprietor of land (or a tenant with the authority of the proprietor) may make muirburn until 30 April where the land is below 450m (1500ft) above sea level or, where the land is above 450m, until 15 May.

The Scottish Ministers may, in a particular year, extend the burning season in respect of particular land. The maximum extension is until 30 April where the land is below 450m or, where the land is above 450m, until 15 May.

Both DEFRA and the Welsh Assembly have changed the length of their equivalent muirburn season for adaptation to climate change and to prevent soil erosion and pollution of water courses. They have also given themselves the ability to licence outwith the burning season.

The purpose of this consultation is to seek your views on potential changes to the Hill Farming Act 1946. The proposed changes would give Scottish Ministers the power to vary the permitted dates for making muirburn in the future, as a response to the changing climate.

The consultation period starts on 25 August 2008, and will run for 12 weeks. The deadline for responses is 17 November 2008.

Following the end of the consultation period, and subject to the views of respondents to this consultation, Scottish Ministers will take decisions on the way forward.

Consultation paper and consultation list

The consultation paper is attached at Annex A and the consultation list is at Annex B. We have tried to cover all relevant interests but if you feel another party would benefit from seeing this consultation, please pass on a copy.

Responding to this consultation paper

I invite written responses to this consultation paper by 17 November 2008. Please send your response to:

landscapes&habitats@scotland.gsi.gov.uk

or

Fiona Leslie

Scottish Government

1-A North

Victoria Quay

Edinburgh

EH6 6QQ

Tel: 0131-244-4750

This consultation, and all other Scottish Government consultation exercises, can be viewed online on the consultation web pages of the Scottish Government website at http://www.scotland.gov.uk/consultations. You can telephone Freephone 0800 77 1234 to find out the location of your nearest public internet access point.

The Scottish Government now has an e-mail alert system for consultations (SEconsult: http://www.scotland.gov.uk/consultations/seconsult.aspx). This system allows stakeholder individuals and organisations to register and receive a weekly e-mail containing details of all new consultations (including web links). SEconsult complements but in no way replaces Scottish Government distribution lists and is designed to allow stakeholders to keep up to date with all Scottish Government consultation activity and to be alerted at the earliest opportunity to consultations of most interest. We would encourage you to register.

Handling your response

We need to know how you wish your response to be handled and, in particular, whether you are happy for your response to be made public. Please complete and return the Respondent Information Form (attached at Annex C) as this will ensure that we will treat your response appropriately. If you ask for your response not to be published we will regard it as confidential and we will handle it accordingly.

All respondents should be aware that the Scottish Government is subject to the provisions of the Freedom of Information (Scotland) Act 2002 and would therefore have to consider any request made under the Act for information relating to responses to this consultation exercise.

Where respondents have given permission for their response to be made public, copies will be made available to the public in the Scottish Government library by 1 December 2008 and on the Scottish Government web pages by 1 December 2008. Where agreement to publish has been given, we will check all responses for any potentially defamatory material before logging them in the library or placing them on the website. You can make arrangements to view responses by contacting the Scottish Government library on 0131 244 4565. Responses can be copied and sent to you but a charge may be made for this service.

What happens next?

Following the closing date, all responses will be analysed and considered along with any other evidence to help Scottish Ministers reach a decision on the way ahead. We aim to issue a report on this consultation process by the end of November 2008.

Comments and complaints

If you have any comments about how this consultation exercise has been conducted, please send them to me at the address above.

Yours sincerely,

Miss Fiona Leslie

ANNEX A

CONSULTATION ON PROVISIONS RELATING TO MUIRBURN DATES

The proposed amendments to the provisions of the Hill Farming Act 1946 will apply in Scotland only.

Background

The suggestion to provide a power for Scottish Ministers to vary the permissible dates for muirburn builds on responses to the consultation on the Scottish Climate Change Bill. If taken forward, these amendments to the provisions of the Hill Farming Act 1946 will apply in Scotland only.

Please let us have your views on each of these:

1. Do you agree that in order to adapt to the possible effects of climate change on moorland, it is necessary for the Scottish Ministers to be given powers vary the permissible dates for muirburn in the future?

1a. It would be very helpful if you could explain your reasons in as much detail as possible. This will enable us to examine the implications of varying the existing powers available to Ministers and to enable appropriate provisions to be made if this proposal is taken forward.

2. Do you consider that there are any other amendments required to the muirburn provisions within the Hill Farming Act 1946 to adapt to climate change?

2a. It would be very helpful if you could explain your reasons in as much detail as possible. This will enable us to examine the implications of varying the existing powers available to Ministers and to enable appropriate provisions to be made if this proposal is taken forward.

3. Do you consider that there are other climate change related impacts that affect how you carry out muirburn?

3a. It would be very helpful if you could explain your reasons in as much detail as possible. This will enable us to examine the implications of varying the existing powers available to Ministers and to enable appropriate provisions to be made if this proposal is taken forward.

Regulatory Impact Assessment

While it is difficult to quantify the exact contribution that Scottish moorland makes to our economy, shooting and stalking of all types in Scotland involve 1.5 million gun days per year, worth £240 million to the Scottish economy. Shooting influences the management of 4.4 million hectares, approximately half of which is grouse moor [1]. It is estimated that 6% (300K) of the Scottish population are active hill walkers and 33% of all visitors to Scotland enjoy the mountains by participating in hill walking or rambling. A recent Mountaineering Council of Scotland survey indicated that 96% of its members go mountain walking. Mountaineers contribute £150 million to the Scottish economy each year [2]. Not all of this can be attributed to moorland but it is reasonable to assume that a percentage of hill walkers and ramblers use and enjoy well-managed moorlands as part of their experience. Without the ability to carry out muirburn the future economic viability of moorland both for grouse shooting and outdoor pursuits is likely to become less sustainable as the climate alters.

A partial RIA has already been completed on the proposals for the Scottish Climate Change Bill. This consultation builds on suggestions made by stakeholders in the Scottish Climate Change Bill consultation. A final RIA will be prepared and published at the same time the Scottish Climate Change Bill is introduced to Parliament. If the proposal to amend the relevant provisions of the 1946 Act is included in that Bill, the final RIA will contain suitable assessment of the regulatory impacts of any enabling power to vary muirburn dates.

Strategic Environmental Assessment

An SEA Environmental Report has already been published which considers the proposals made in the Scottish Climate Change Bill consultation document. This consultation on muirburn policy arises from suggestions made by stakeholders in the Scottish Climate Change Bill consultation. A revised SEA Environmental Report will be published in the autumn, and an SEA post-adoption statement will be published at the same time that the Scottish Climate Change Bill is introduced to Parliament. On the basis that the Scottish Climate Change Bill could provide a potential legislative vehicle for any power to enable Ministers to vary muirburn dates, the revised Environmental Report will contain suitable assessment of the potential environmental impacts of creating such a power.

ANNEX B

CONSULTATION ON PROVISIONS RELATING TO MUIRBURN DATES

CONSULTATION LIST

Association of Deer Management Groups

British Association for Conservation & Shooting (Scotland)

British Trust for Ornithology

Butterfly Conservation Scotland

Buglife

Cairngorms National Park Authority

Clyde Muirshiel Regional Park

COSLA

Crofters Commission

Deer Commission Scotland

Farming & Wildlife Advisory Group Scotland

Forestry Commission Scotland

Forest Enterprise

Forest Research

Game and Wildlife Conservation Trust

Highland Birchwoods

Historic Scotland

John Muir Trust

Land Use Initiative Group - Loch Lomond and the Trossachs

Linking Environment and Farming

Lomond Hills Regional Park

Joint Nature Conservation Committee

Loch Lomond and the Trossachs National Park Authority

Ministry of Defence

Mountaineering Council of Scotland

National Access Forum

National Farmers Union Scotland

National Trust for Scotland

Pentland Hills Regional Park

Plantlife Scotland

Royal Institution of Chartered Surveyors in Scotland

Scottish Agricultural College

Scottish Association for Country Sports

Scottish Countryside Alliance

Scottish Crofting Foundation

Scottish Environment LINK

Scottish Environment Protection Agency

Scottish Gamekeepers Association

Scotland's Moorland Forum

Scottish Natural Heritage

Scottish Rural Property and Business Association Limited

Scottish Wildfire Forum

Scottish Wildlife Trust

Soil Association Scotland

The Centre for Ecology and Hydrology

The Council for Scottish Archaeology

The Heather Trust

The Macaulay Institute

The Muirburn Group a sub-group of Scotland's Moorland Forum

The Royal Society for the Protection of Birds Scotland

The Scottish Gamekeepers Association

The Tenant Farmers of Scotland Association

The Woodland Trust Scotland

A number of named individuals

ANNEX C

CONSULTATION ON PROVISIONS RELATING TO MUIRBURN DATES

- RESPONDENT INFORMATION FORM

Please complete the details below and return it with your response. This will help ensure we

handle your response appropriately. Thank you for your help.

Name:

Postal Address:

1. Are you responding: (please tick one box)

(a) as an individual ? go to Q2a/b and then Q4

(b) on behalf of a group/organisation ? go to Q3 and then Q4

INDIVIDUALS

2a. Do you agree to your response being made available to the public (in the Scottish

Government library and/or on the Scottish Government website)?

Yes (go to 2b below) ?

No, not at all ? We will treat your response as confidential

2b. Where confidentiality is not requested, we will make your response available to

the public on the following basis ( please tick one of the following boxes)

Yes, make my response, name and address all available ?

Yes, make my response available, but not my name or address ?

Yes, make my response and name available, but not my address ?

ON BEHALF OF GROUPS OR ORGANISATIONS:

3. The name and address of your organisation will be made available to the public (in the Scottish

Government library and/or on the SG website). Are you also content for your response to be made

available?

Yes ?

No ? We will treat your response as confidential

SHARING RESPONSES/FUTURE ENGAGEMENT

4. We will share your response internally with other Scottish Government policy teams who may be

addressing the issues you discuss. They may wish to contact you again in the future, but we require your permission to do so. Are you content for the Scottish Government to contact you again in the future in relation to this consultation response?

Yes ?

No ?

[1] http://moorlandscotland.org.uk/Economic-Sustainability.html

[2] http://www.mcofs.org.uk/assets/pdfs/mountain%20walking%20df.pdf