NGO responds to Government proposals for new legislation on heather burning

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The government has proposed an extension to the current legislation on heather burning, which would further restrict land managers’ ability to manage the vegetation on their land through the use of prescribed cool burns. The proposals are subject to an eight-week consultation, running until 25 May.

Currently, unless a specific licence has been issued, it is illegal to burn vegetation on deep peat areas (over 40cm depth) within an SSSI which is also an SAC or SPA. The Government’s proposals would change the definition of ‘deep peat’ from 40 to 30cm. 

The new rules would also require a licence to burn on all land within a Less Favoured Area; make compliance with the revised Heather and Grass Management Code mandatory, and introduce compulsory training for prescribed fires and wildfires. The area over which a special licence is needed for controlled burns would extend to 368,000 ha of England’s moorlands.

The biggest concern for us at the NGO is that an increase in the area over which a licence is needed for heather burning will lead to an increase in fuel load across these areas and, therefore, a higher likelihood of wildfires.  

It is vital that land – particularly grassland and moorland – is managed in ways that reduce the fuel load or excess vegetation, that enables wildfires to spread. The NGO has consistently argued that prescribed burning is a vital tool in a land manager's toolbox, not only for reducing fuel load, but also for creating fire breaks that can reduce landscape-scale fires.

Bearing this in mind, we agree with the Government’s viewpoint that there should be compulsory training for anyone carrying out prescribed burns. The NGO worked with various organisations to help develop a Defra-funded course for wildfire suppression and prescribed fire operations. Accreditation, whereby you demonstrate to an assessor your knowledge, skills and ability, is now critical for any robust wildfire mitigation plan. Similarly, you need to achieve a qualification or accreditation to be a loader, use a strimmer, a knapsack sprayer, use a quadbike. Having that training can both prove competency, and improve your own skills.

It is, however, ironic that the Government announced this consultation at a time when wildfires are breaking out daily all across moorland and upland areas of the UK, from Dorset to Scotland; from the Peak District to Wales. Scientists have predicted that the UK will see increasing numbers of wildfires all across the country as hotter, drier summers become the norm; this is something we have already seen playing out across the country over the last few years.

Higher temperatures alone are not necessarily going to create wildfires. However, a combination of accidental fires – caused by anything from campfires or disposable barbecues to discarded cigarette ends – dry ground, vegetation to provide a fuel load and little rain to dampen the flames, creates the perfect environment for wildfires to spread.

A second concern is the licensing aspect of the new proposals. There have been numerous problems and delays with General Licences over the last few years. Applicants are also experiencing numerous issues with some individual licences. Bearing that in mind, we have severe concerns over the reliability of individual licences, which these proposals would increase.

The NGO will be creating guidelines to help members respond to the Defra consultation, and we urge everyone with an interest in preventing large-scale wildfires in England and Wales to respond to the consultation. We will update our members with further advice once we have examined all the available evidence. The consultation can be found at the following link. The closing date for the consultation is 25 May 2025. 

ENDS

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