OpenLegislation

Regulation 3 Prohibition of burning on peat over 30cm deep except under licenceF3I1

England and Wales

(1)

Unless paragraph (2) or (3) applies, a person must not burn specified vegetation on a F1site which falls within a less favoured area on peat that is of a depth of more than F230 centimetres, except under (and in accordance with) a licence issued by the Secretary of State under regulation 4.

(2)

The prohibition in paragraph (1) does not apply if the area of specified vegetation to be burned in one burning season is an area —

(a)

which has a slope of more than 35 degrees; or

(b)

where more than half of that area is covered by exposed rock or scree,

and in either case—

(i)

is a single area of 0.5 hectares or less, or

(ii)

is on two or more areas within 5 metres of each other with a combined area of 0.5 hectares or less.

(3)

The prohibition in paragraph (1) does not apply where land is cultivated as a private or allotment garden.

Annotations

Textual amendments

F1

Words in reg. 3(1) substituted (30.9.2025) by The Heather and Grass etc. Burning (England) (Amendment) Regulations 2025 (S.I. 2025/1000), regs. 1(2), 4(b)(i)

F2

Word in reg. 3(1) substituted (30.9.2025) by The Heather and Grass etc. Burning (England) (Amendment) Regulations 2025 (S.I. 2025/1000), regs. 1(2), 4(b)(ii)

F3

Word in reg. 3 heading substituted (30.9.2025) by The Heather and Grass etc. Burning (England) (Amendment) Regulations 2025 (S.I. 2025/1000), regs. 1(2), 4(a)

Commencement

I1

Reg. 3 in force at 1.5.2021, see reg. 1(1)