{
  "url": "https://openlegislation.uk/heather-and-grass-etc-burning-wales-regulations-2008/regulation-10",
  "json_url": "https://openlegislation.uk/heather-and-grass-etc-burning-wales-regulations-2008/regulation-10.json",
  "legislation": "wsi/2008/1081",
  "legislation_title": "The Heather and Grass etc. Burning (Wales) Regulations 2008",
  "legislation_url": "https://openlegislation.uk/heather-and-grass-etc-burning-wales-regulations-2008",
  "path": "regulation/10",
  "kind": "regulation",
  "number": "10",
  "heading": "Amendment of the Common Agricultural Policy Single Payment and Support Schemes (Cross-compliance) (Wales) Regulations 2004",
  "text": "The Common Agricultural Policy Single Payment and Support Schemes (Cross-compliance) (Wales) Regulations 2004 are amended by substituting paragraph 16 (Heather and grass burning) of the Schedule with the following—\n“16 (1) A farmer must not commence burning heather, rough grass, bracken, gorse or vaccinium on any land between sunset and sunrise.\n(2) A farmer must not burn heather, rough grass, bracken, gorse or vaccinium unless—\n(a) the farmer has prepared a burning plan and is proposing to burn in accordance with the provisions of that plan;\n(b) there are, where the burning is taking place, sufficient persons and equipment to control and regulate the burning during the entire period of the operation;\n(c) the farmer takes, before commencing burning and during the entire period of the operation, all reasonable precautions to prevent injury or damage to any adjacent land, or to any person or thing on that land;\n(d) the person has, not less than 24 hours and not more than 72 hours before commencing burning on any land, given notice in writing of the date or dates, time and place at which, and the extent of the area on which it is the intention to burn—\n(i) to any other person who has an interest in that land either as owner or occupier, and\n(ii) except in the case of any burning carried out on railway land, to any other person whom is known, or could with reasonable diligence have been discovered, to be in charge of any land adjacent to that on which the burning is to take place.\n(3) A farmer must not burn heather, rough grass, bracken, gorse or vaccinium—\n(a) on land which is within an upland area, during the period within any year from 1 April to 30 September, both dates inclusive; or\n(b) on all other land, during the period within any year from 16 March to 31 October, both dates inclusive,\nexcept under (and in accordance with) a licence issued by the Welsh Ministers under regulation 7 of the Heather and Grass etc. Burning (Wales) Regulations 2008.\n(4) In sub-paragraph (3), “upland area” (“ardal ucheldirol”) means any area of land shaded pink on the two volumes of maps numbered 1 and 2, each volume being marked “Volume of maps of less favoured farming areas in Wales”, dated 20 May 1991, signed by the Secretary of State for Wales and deposited in the Library of the Welsh Assembly Government, Cathays Park, Cardiff CF10 3NQ.”",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 2004/3280 (W. 284), to which there are amendments not relevant to these Regulations."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2008/1081/regulation/10",
    "retrieved_at": "2026-10-28T23:58:23.995942+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}