Background and Summary
On 21 March 2024, Members of the Scottish Parliament (MSPs) voted to pass the Wildlife Management and Muirburn (Scotland) Bill into law. It will change the rules surrounding how people can capture and kill certain wild birds and animals, and practice muirburn (the controlled burning of heather and other plants), by:
- making it an offence to use or purchase glue traps to kill, take, or injure any animal or other invertebrate;
- prohibiting the use of snares to kill, take, or injure any animal other than a wild bird;
- making it an offence to use, sell, or possess spring traps to kill or take animals;
- requiring those intending to use traps to kill or take a wild bird or animal to have a “wildlife trap licence”;
- requiring those intending to kill or take red grouse on their land to have a “section 16AA licence” (the name of this licence is reflective of the section of the Wildlife and Countryside Act 1981 that will provide for the details of the scheme); and
- requiring those intending to burn heather/other plants to have a “muirburn licence”.
The Proposed Licensing Schemes
Throughout the parliamentary process, details of the proposed licensing schemes were at the centre of debate amongst MSPs. Now that the Bill has been enacted, how will the licensing schemes work in practice and what are some key things to consider?
Wildlife Trap Licence
What will it be used for?
To use traps to kill or take wild birds or animals.
What else do you need to know?
- Applicants must complete an approved training course on the type of trap in question and include evidence of this in their application to the Scottish Ministers.
- The Licence will be specific to trap type and last up to 10 years.
- Licensees will need to display their trap number on the trap itself or on a tag fitted to the trap.
- Licensees will need to monitor the trap.
- Licences may be modified, revoked, or suspended by the Scottish Ministers or Scottish Natural Heritage where the Licensee fails to comply with display and monitoring obligations, or any conditions attached to the Licence. The Licensee will not have the right to appeal this decision.
Section 16AA Licence
What will it be used for?
To kill or take red grouse. However, please note that the Scottish Ministers will have the power to add additional gamebird species to the licence scope where a pressing need develops.
What else do you need to know?
- Applicants must comply with a Code of Practice that will be published by the Scottish Ministers. The Code of Practice will give applicants guidance on matters like land management, predator control, and appropriate methods of killing wild birds.
- Licences will last up to five years.
- Licences may be modified, revoked, or suspended by the Scottish Ministers or Scottish Natural Heritage where the Licensee commits an offence or fails to comply with the conditions of the licence. The Licensee will have a right of appeal against this decision to the appropriate sheriff.
Muirburn Licence
What will it be used for?
To burn heather/ other plants under muirburn practices.
What else do you need to know?
- Applicants must comply with a new Muirburn Code that will be published by the Scottish Ministers. The code will give guidance on various matters, including muirburn safety requirements.
- Applicants must complete a mandatory muirburn training course.
- Applicants must state the purpose of their application.
- For peatland, the Licence’s purpose must be to restore the natural environment, prevent/ reduce wildfires, or research. The Scottish Ministers will only grant Licences in relation to peatland where no other method of vegetation control is practicable.
- For non-peatland, the Licence’s purpose must be to manage the habitats of moorland game or wildlife, improve grazing potential for livestock, conserve the natural environment, prevent wildfires, or research.
- Licenses may be modified, revoked, or suspended by the Scottish Ministers where the Licensee commits an offence, such as knowingly making a false statement to obtain a muirburn licence. The Licensee will not have the right to appeal this decision.
- Muirburn season will run from 15 September to 31 March each year, though this may be extended if considered necessary. Burning heather/ other plants outside of muirburn season will not be permitted.
How can we help?
If you have any questions regarding the proposed licensing schemes, please contact our rural team or your usual Shepherd and Wedderburn contact.
This article was co-authored by Trainees Catherine Johnston and Killian Dockrell.