Record wildfire prompts Scottish U-turn on muirburn licensing

Government delays controversial licensing scheme

Land managers have won a reprieve in their battle against muirburn licensing restrictions, with the Scottish Government postponing the scheme until autumn 2026 after Scotland’s worst wildfire on record.

Agriculture Minister Jim Fairlie MSP announced the delay on 9 October, acknowledging that the new rules must not “adversely affect our ability to prevent and respond to wildfires”.

Carrbridge and Dava fires reshape policy

The decision follows the devastating Carrbridge and Dava wildfires in June, which saw flame lengths of 20 metres and released an estimated 590,000 tonnes of CO₂ equivalent over four days. The licensing scheme, which was due to start on 1 January 2026, has now been pushed back by nearly two years.

The muirburn licensing provisions were introduced under the Wildlife Management and Muirburn (Scotland) Act, passed by the Scottish Parliament in March 2024. The scheme had originally been scheduled to begin in September 2025 but was previously postponed to January 2026 due to logistical challenges, particularly around measuring deep peat.

Industry welcomes delay

BASC Scotland cautiously welcomed the announcement but raised concerns about the legislation’s workability. Director Peter Clark said: “While we welcome this delay, and it represents progress, the fact remains that the legislation makes the licensing scheme impractical and unworkable.”

The Scottish Gamekeepers Association struck a similar tone. Chairman Alex Hogg MBE said: “Watching 100 years of carbon released from peatlands through wildfire is in no one’s interest. It does nothing for environmental targets or public investment.”

He added that the SGA looks forward to “making future changes more workable, drawing on our members’ centuries of knowledge in this area”.

Firefighting efforts underline private sector role

A report prepared for the Scottish Government by Scottish Land & Estates (SLE) revealed that at least 36 businesses, including 30 estates, contributed resources to fighting the Carrbridge and Dava fires. The collective value of specialist firefighting equipment deployed by private land managers is estimated at nearly £4 million, with at least 110 employees and contractors involved in containment efforts.

Ross Ewing, SLE’s director of moorland, warned that restricting muirburn would increase fuel loads and erode the infrastructure and expertise that helped contain the recent fires. “That would be catastrophic for rural Scotland,” he said.

Contrast with England’s new regulations

The Moorland Association contrasted Scotland’s approach with England, where new burning regulations came into effect on 30 September. The organisation has sent a pre-action letter to Defra, launching a legal challenge against the consultation process behind England’s restrictions, which it argues will increase wildfire risk by preventing effective vegetation management.

“We do not want it to take a similar, massive and devastating fire in England to change minds here,” the organisation warned.

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