Hill Farming Act 1946

26 [F1 Notice as to muirburn: general requirement] S

[F2 (1) A person who intends to make muirburn during the muirburn season must give notice in writing under this section to—

(a) the proprietor of the proposed muirburn site (if different from the person making the muirburn); and

(b) any occupier of land situated within 1 kilometre of the proposed muirburn site.

(An order under section 23B(1) may make provision as to other notice to be given in relation to certain periods; and section 24(2) makes provision as to other notice to be given by a tenant.)

(2) Notice need not be given to a person (“A”) under this section if A has given notice in writing to the person intending to make muirburn that A wishes not to be notified of any intention to make muirburn.

(3) Where there are 10 or more occupiers of land situated within 1 kilometre of the proposed muirburn site, the person making muirburn may, instead of giving notice under this section to each occupier separately in accordance with section 26A, notify those persons collectively by placing a notice in at least one newspaper circulating in the area which includes the proposed muirburn site.

(4) Notice under this section must—

(a) be given—

(i) after the expiry of the previous muirburn season; and

(ii) not less than 7 days before the muirburn is made;

(b) specify the land on which the muirburn is intended to be made;

(c) specify that the person being notified may, before the muirburn is made, require further information in relation to—

(i) the dates on or between which the muirburn is intended to be made;

(ii) the places at which the muirburn is intended to be made; and

(iii) the approximate extent of the proposed muirburn.

(5) Where either the proprietor of the land or an occupier of land situated within 1 kilometre of the proposed muirburn site requests any of the further information mentioned in subsection (4)(c), the person intending to make the muirburn must make reasonable efforts to comply with the request not later than the end of the day before the muirburn is made.

(6) Any notice required to be given to proprietors of land under this section may be given to any person purporting to be authorised by the proprietor to receive the notice.

(7) Any person who fails to comply with the requirements of this section is guilty of an offence.]

Textual Amendments

F1 S. 26 title substituted (S.) (1.8.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 34(7)(a), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(2)

F2 S. 26(1)-(7) substituted for s. 26(1)(2) (S.) (1.8.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 34(7)(b), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(2)