The Heather and Grass etc. Burning (England) Regulations 2021
| Jurisdiction | UK Non-devolved |
| Citation | SI 2021/158 |
| Year | 2021 |
2021 No. 158
Agriculture, EnglandHill Lands
The Heather and Grass etc. Burning (England) Regulations 2021
Made 15th February 2021
Laid before Parliament 16th February 2021
Coming into force 1st May 2021
The Secretary of State makes these Regulations in exercise of the powers conferred by section 20(1) of the Hill Farming Act 19461.
Citation, commencement, application and interpretation
1.—(1) These Regulations may be cited as the Heather and Grass etc. Burning (England) Regulations 2021 and come into force on 1st May 2021.
(2) These Regulations apply to England only.
Interpretation
2. In these Regulations—
“burning season” means—
(a) in relation to land which is within an upland area, the period from 1st October in one year to 15th April in the following year, both dates inclusive; and
(b) in relation to land which is not within an upland area, the period from 1st November in one year to 31st March in the following year, both dates inclusive;
“designated site” means a site that is a—
(a) European site within the meaning given by regulation 8(1) of the Conservation of Habitats and Species Regulations 20172; and
(b) site of special scientific interest within the meaning of section 52(1) of the Wildlife and Countryside Act 19813;
“specified vegetation” means heather, rough grass, bracken, gorse or vaccinium;
“upland area” means all the land shown coloured pink on the map marked as “Map of Upland Area in England” held by the Department for Environment, Food and Rural Affairs but does not include the land coloured pink in the Isles of Scilly4.
Prohibition of burning on peat over 40cm deep except under licence
3.—(1) Unless paragraph (2) or (3) applies, a person must not burn specified vegetation on a designated site on peat that is of a depth of more than 40 centimetres, except under (and in accordance with) a licence issued by the Secretary of State under regulation 4.
(2) The prohibition in paragraph (1) does not apply if the area of specified vegetation to be burned in one burning season is an area —
(a)
(a) which has a slope of more than 35 degrees; or
(b)
(b) where more than half of that area is covered by exposed rock or scree,
and in either case—
(i)
(i) is a single area of 0.5 hectares or less, or
(ii)
(ii) is on two or more areas within 5 metres of each other with a combined area of 0.5 hectares or less.
(3) The prohibition in paragraph (1) does not apply where land is cultivated as a private or allotment garden.
Licensing of burning
4.—(1) A person may apply to the Secretary of State for a licence permitting the burning of specified vegetation in a manner otherwise prohibited by regulation 3(1).
(2) Any application must be made in a manner specified by the Secretary of State and an application may be made in relation to burns in more than one burning season or calendar year.
(3) Any application must be made not less than 28 days before the date (or the first date if more than one) on which the applicant proposes to burn and —
(a)
(a) in the case of a burn (or burns) intended to take place during the burning season, not before the end of the burning season preceding the first burn; or
(b)
(b) in the case of a burn (or burns) intended to take place outside the burning season, not more than 56 days before the date (or the first date if more than...
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