The Wildlife Management and Muirburn (Scotland) Act 2024 – navigating the Mooreland

The Wildlife Management and Muirburn (S) Act, which received royal assent in April 2024, marked a significant development towards efforts to sustainably manage Scotland’s environment and the preservation and management of its wildlife. The act amends parts of the Wildlife and Countryside Act 1981 and repeals the Hill Farming Act 1946 introducing various changes, with specific provisions to address the way in which people capture and kill certain wild birds and animals. The legislation also introduces new regulation around the making of muirburn.

For landowners and estate managers, these changes mean tougher restrictions, regulations and codes of guidance, bringing new practical considerations to how they carry out their business.

Key points of the act: –

• Bans the use of glue traps to catch rodents
• Prohibits the use of snares
• Introduces a licensing scheme for the use of specific traps, requiring completion of an approved training course (attracting a fee)
• Provides greater powers to Scottish SPCA inspectors to investigate wildlife crime
• Regulates the use of muirburn by the introduction of a muirburn licence

The act is primarily split into two parts:

Part 1: wildlife management 

Under Part 1, the owner or occupier of land now requires a section 16AA licence, granted by NatureScot, for the killing or taking of certain birds, including red grouse. The process for applications has been live since July 2024 with a code of practice on grouse moor management to be complied with if a licence is granted. An application for a licence must specify the area of land which relates to the licence and if there is raptor persecution outside of that area, the licence can be revoked. The act provides clear prohibitions on the use of glue traps and snares and makes it a criminal offence carrying severe penalties for those in contravention.

Part 2: provision of a new muirburn licensing regime

Under Part 2, a licence is required for the making of muirburn. To do so without a licence is a criminal offence carrying a sentence of up to 6 months imprisonment and or a fine up to £10,000. The licence applies to all muirburn carried out on grouse moors, crofting areas, farmland and conservation purposes and only permits muirburn during the muirburn season. The person making the muirburn must also have completed an approved training course and must adhere to the muirburn code. This new regime is due to come into force in September 2025.

Key considerations for landowners and estate managers

With the government now implementing an onus on landowners and estate managers to comply with the legislation for fear of prosecution, with an impact on the running of their business, we understand that there can be a lot to factor in and deal with. At Anderson Strathern, we can assist you in navigating the legislation, advise on managing the risks to your business and in the unfortunate case of prosecution, defend you in court.

If you would like any support or advice on any of the issues raised above, please get in touch with sonia.cheema@andersonstrathern.co.uk.