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The Moorland Association Licensing Project

Updated: Jan 20



Kate Russell of Tellus Natural Capital is supporting the Moorland Association with its licensing project. In this article she explains what the project is seeking to achieve and how you can help.


The burning of heather and other vegetation has long been subject to Government Regulations, the statutory origins of which lie in the Hill Farming Act 1946. Until 2021 there was just one set of regulations in England: The Heather and Grass etc. Burning (England) Regulations 2007, which set out the criteria under which burning without a licence is permitted. There are parallel but slightly different regulations for Wales: The Heather and Grass etc. Burning (Wales) Regulations 2008.


In 2021, following a threat of infraction proceedings by the EU against the UK Government and the failure of an attempt to introduce a voluntary ban, The Heather and Grass etc. Burning (England) Regulations 2021 were introduced to prohibit the burning of heather and other vegetation on deep peat on designated sites in England, except where a licence has been granted by Defra.


Anecdotal evidence suggests that few licence applications are being made under the 2021 Regulations and even fewer are being granted on terms which are practical and workable, so the Moorland Association has begun a project to support members in making good quality licence applications in order to ensure that the necessary management tool of burning can be used where appropriate.


How you can help

We will be reviewing the Regulations and the licence application process in detail, with the aim of providing guidance to members to enable you to prepare all the necessary information and evidence to make a licence application. As we embark on this work, it would be very helpful to hear at first hand from members who have:


  • considered making an application but have decided not to proceed

  • started preparing an application but not completed it

  • made an application, whether or not it was successful.


If you can help, please send an email in the first instance to Kate Russell at kate@tellusnatcap.com, outlining your experience of the licensing process and indicating whether you would be happy for Kate to contact you for more information should it be necessary.


About Kate Russell

Kate Russell FRICS FAAV PMIAgrM CEnv is a land agent and chartered environmentalist. She has a background in private practice and academia and spent 13 years at the CAAV as a technical and policy advisor before establishing Tellus Natural Capital Ltd in 2021. She now advises farmers and landowners on the emerging markets for natural capital and continues to engage with policy makers in Defra, Natural England and the Environment Agency.

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