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FIRE BYELAWS: What impact could they have on barbecues and muirburning?


By Gavin Musgrove

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Disposal barbecues could potentially be banned from being used in the Cairngorms National Park.
Disposal barbecues could potentially be banned from being used in the Cairngorms National Park.

The launch of the public consultation on fire byelaws in the Cairngorms National Park Authority has revealed more details of the proposed options including on barbecues and muirburning.

More information has been made available by the CNPA in the 30 page report on the fire management consultation which was published today.

The park authority has been keen to stress it does not have a preference on any of the three options at this point which have gone out to the public.

They are:

• Option 1 – enhanced communication and education approach

The CNPA has said 'importantly this is not a do nothing’ option'. The fire messaging that the park authority and others issue would need to increase and greater consistency of approach would be required.

There is already significant signage, leaflets and ranger patrols in the national park, along with significant communication messaging. This would have to be built on and made more effective in combating fire at inappropriate times of the year.

• Option 2 – high fire risk byelaw

This option would see a byelaw developed to ban the lighting of open fires and barbecues in the national park during times of high fire risk, as determined by the Scottish Fire and Rescue Service.

There are exemptions within the curtilage of a private dwelling and in a fireplace of a bothy. There is no restriction on the use of camping stoves, cookers or gas barbecues.

• Option 3 – year round byelaw

This option would see a byelaw developed for a year-round ban on lighting open fires and barbecues. There are exemptions within the curtilage of a private dwelling, in a fireplace of a bothy, in a licensed caravan site or within private property where the landowner has given consent.

Landowners can also give permission for groups undertaking outdoor education etc to have fires outwith high fire risk periods. There is no restriction on the use of camping stoves, cookers or gas barbecues.

The pros and cons have been spelled out in the report by the CNPA officers.

They include for option one that this could be seen as not tackling the issue if current level of fires in the national park remains similar or increases.

A concern for option two is that there is potential to have different areas of the National Park in different fire risk zones, making messaging complicated.

But there are fears that option three may be perceived as being heavy-handed outwith the main fire risk times of the year.

The CNPA also lays out the options on one of the most controversial aspects on fire management – muirburning and prescribed burning – and how that could be affected.

It is a technique undertaken by land managers to reduce vegetation for a variety of reasons including reducing fuel load to minimised the impact of wildfires.

Prescribed burning is carried out by trained professionals under controlled conditions.

A primary use of prescribed burning in the national park is muirburn for grouse management. There is currently a code of practice outlining best practice and the regulation of muirburn is included in the proposed Wildlife Management and Muirburn Bill.

The fire management consultation report states: "Whilst mitigated when adhering to the code of practice, there remains a risk (whatever the likelihood) that prescribed burning is the ignition point for wildfire.

"It is therefore a consideration for potential inclusion in some of the byelaw options in this consultation.

"Potential byelaw options 2 and 3 do not impact on prescribed burning, including muirburn, except during periods of high fire risk, where it would not be allowed.

"There is an exemption included in options 2 and 3 for prescribed burning by a land manager to prevent a wildfire from spreading.

"There is a further option to take all prescribed burning out of the potential byelaws entirely. This would mean that prescribed burning by land managers would not be part of any potential byelaws and would be regulated through the proposed muirburn licensing."

The consultation paper and survey can be found here.


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