The Act – Commentary on Sections Part 4 – Other Wildlife Etc. Subsection (7)
229.Subsection (7) in effect replaces section 26 of the 1946 Act, and sets new general notification requirements in relation to muirburn.
230.Subsections (1) to (3) of section 26 imposes a duty on any person who intends to make muirburn during season to give written notice to the owner of the land (if different), and to the occupiers of land within 1 km of the proposed muirburn site. Notice does not require to be given to those who have indicated in writing that they do not wish to be notified, Notice may be in a local newspaper where there are 10 or more occupiers within 1km of the proposed muirburn site.
231.Subsections (4) to (6) of section 26 makes provision about timescales, content and permitted methods of notification. Notice of intention to burn must be given after the end of the previous muirburn season, and at least 7 days before burning. It must indicate the places where burning is planned and specify that further information about the intended dates, location and approximate extent of burns may be requested. When such a request is made, the person intending to make the muirburn must make reasonable efforts to comply with this request not later than the day before the muirburn is made.
232.Subsection (7) of section 26 provides for it to be an offence to fail to comply with the requirements of section 26 of the 1946 Act (see section 27 of that Act for penalties).