Launch of the Heather & Grass Burning Code 2007 for England

The new Heather & Grass Burning Code for England has been launched and new Regulations covering the guidance contained in the code will come into effect on 1st October 2007. The Natural England Press Release is available to download.

We have been contributing to the review of the heather & Grass Burning Code in England through the Moorland Burning Working Group, over the last four years. This group has been chaired by English Nature, now Natural England, and has been supporting the review of the Code which is published by DEFRA. DEFRA started the review process in 2003 with the formation of a Science Panel, which our own President Professor Rob Marrs, contributed to. This Panel reviewed current research and formed the view that there was insufficient evidence at that stage to justify a change to the burning dates in England.

A consultation followed, and with these inputs, DEFRA produced a draft revised Heather and Grass Burning Code. The draft underwent many changes and it has now been launched it is now available in electronic and printed form.

To support the new Code, DEFRA has revised the regulations that cover burning. The Heather and Grass etc. Burning (England) Regulations 2007 will come into force on 1st October 2007.

In summary, the key messages from the new Code and Regulations are as follows:

• Modern regulation. Reduced red-tape and “light touch” controls for the responsible majority of burners.
• Partnership working. Government working with land managers and others to produce a “win-win” solution which is good for business and good for the environment.
• Benefits for wildlife. The new Code sets a new industry standard in tune with the most up-to-date expert advice on how to burn in ways which benefit (and do not harm) wildlife.
• New legal protection for soil. New bans (targeted to affect only an irresponsible minority) to protect soils from significant exposure and erosion, which can harm wildlife, pollute water-courses, and cause carbon to be lost from peat soils.

New bans are introduced to prevent burning:

• outside the burning season;
• on steep slopes or on exposed rock or scree;
• fires covering an area >10ha; and
• fires that produce an area of bare soil >0.5ha, or an area of bare soil that extends >25m along a watercourse.

Other issues that the new code addresses include:

• Natural England becomes the enforcement agency for all burning issues;
• Application to carry out burning activities that would otherwise be banned can be made to Natural England;
• Natural England will have the power to require notification prior to burning from people who have not complied with best practice in the past; and
• The requirement to inform neighbours prior to burning contained in the existing Code and Regulations has been changed to a need to consult neighbouring land managers and commoners if they might be affected by smoke or fire.

DEFRA is to be congratulated on avoiding an increase in the level of control exercised over heather burning. The resulting Code is a triumph for common sense; it cannot satisfy everyone’s wishes, but it is a very acceptable compromise. The ‘better regulation’ message runs throughout the Code and places most emphasis on guidance rather than (unenforceable) legislation. DEFRA has accepted that the majority of burning follows acceptable practice and the new Code provides power for Natural England to focus attentions on those who do not comply.

Published in A6 size (1/4 of A4) and small enough to fit your pocket. We recommend that everyone who burns moorland in England should obtain a copy of the code and study it. It is well worth a read.

More details are available on Natural England's website.

An electronic copy of the Code is available to download here.

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