Explanatory note

These Regulations amend the Heather and Grass etc. Burning (England) Regulations 2021 (S.I. 2021/158) (“the 2021 Regulations”), which regulate the burning of specified vegetation on peatland in England.

Regulation 3 removes the definition of “designated site” in regulation 2 of the 2021 Regulations, removing reference to European sites. It also introduces a definition of “less favoured area” and updates the reference in the definition of “upland area” to align with the new mapping terminology.

Regulation 4 amends regulation 3 of the 2021 Regulations to lower the threshold for the prohibition of burning on peat from 40cm to 30cm in depth and updates terminology to align with the new mapping terminology.

Regulation 5 amends regulation 4 of the 2021 Regulations to remove a licensing ground, amends existing grounds to include the protection of historic features, impact of wildfire, and introduces a new purpose for licensing: research or educational purposes.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.