Strategic Environmental Assessment (SEA) of the Scottish Climate Change Bill: Consultation Proposals: Environmental Report

1 Introduction

1.1 Applicable dates for muirburn practice are currently fixed by the Hill Farming (Scotland) Act 1946. One of the responses to the Scottish Government consultation on Proposals for a Scottish Climate Change Bill referred to the need to have more flexibility in assigning dates for the purpose for conducting muirburn. This is an issue that the Scottish Government has been looking at as part of the strategic response to climate change adaptation in Scotland.

1.2 Fire has been part of the upland environment for many thousands of years. It occurs naturally as a result of lightning strikes and is probably one of the most useful, and oldest, land management tools. Controlled burning is a powerful tool which needs to be used with skill and understanding. In Scotland, the making of muirburn is an essential land management tool used by upland managers, to encourage regeneration of food sources for livestock and game. It is also necessary to prevent uncontrolled wildfires and to facilitate habitat management.

1.3 The environmental benefits of muirburn practice include positive effects on biodiversity through encouraging the growth of new shoots and managing vegetation at a mixture of ages and heights, providing a range of habitats, shelter and food for upland species. Similarly, the controlled burning of vegetation can help prevent the incidence of wildfires, which could lead to fires within peat reservoirs, with significant emissions impacts. Controlled burning can help minimise risks of accidental fires through lightning strike and/ or through human influence.

1.4 In the context of climate change, it is possible that changing weather patterns could lead to conditions, during the current muirburn season, in which burning may not be suitable, due to increased wind, precipitation and saturated or desiccated soil conditions. It is therefore proposed that there is a sensible case for setting a provision within the Scottish Climate Change Bill, to alter the dates of burning seasons, as a positive action to help adapt and respond to climate change.

1.5 When conditions are too wet, reduced burning activity is likely, which could lead to an increasing amount of vegetation drying out during other periods of the year, with an associated increased risk of wildfire. Similar risks are associated with extended dry periods of weather, during seasons when muirburn is currently prohibited. Uncontrollable burning could lead to higher risks of soil damage, erosion and carbon release from peat soils, as well as local biodiversity and human health risks.

1.6 Therefore, the Scottish Government have instructed that the SEA considers the likely effects of an additional provision within the SCCB, that will allow for the amendment of muirburn dates as both an effective adaptation and potential mitigation measure.