The Heather and Grass etc. Burning (England) (Amendment) Regulations 2025
The Heather and Grass etc.
Burning (England) (Amendment) Regulations 2025 amend the 2021 regulations governing vegetation burning on peatland in England.
Key changes include lowering the peat depth threshold for burning prohibitions from 40cm to 30cm, removing the definition of ‘designated site’, introducing a definition of ‘less favoured area’, updating references in the definition of ‘upland area’, modifying licensing grounds to include historic feature protection and research purposes, and removing a licensing ground.
These changes aim to improve environmental protection, streamline regulations, and align with current mapping and policy.
Arguments For
Improved environmental protection: The amendments lower the peat depth threshold for burning prohibitions (from 40cm to 30cm), enhancing peatland conservation and reducing carbon emissions.
Alignment with modern mapping: The regulations update terminology and references for land designation, using the most current 'Less Favoured Areas (England)' map, reflecting modern mapping practices and simplifying comprehension.
Broadened licensing scope: Amendments add 'historic feature' protection and 'research/educational purposes' to licensing criteria, fostering a more flexible and comprehensive approach to peatland management while protecting important landscapes and facilitating scientific advancements.
Removal of outdated references: The removal of the definition of “designated site” eliminates references to defunct European environmental designations, streamlining the regulations and making them more relevant to current UK policy.
Arguments Against
Potential administrative burden: Changes requiring updates to licensing procedures and land designation knowledge for authorities and land managers could increase administrative workloads in the short term.
Unintended consequences of stricter regulations: Lowering the peat depth threshold for burning may inadvertently impact traditional land management practices, potentially leading to unintended consequences for some stakeholders.
Lack of significant impact assessment: The absence of a detailed impact assessment may raise concerns about the potentially unforeseen negative consequences of regulation changes on affected sectors.
Potential discrepancies in map interpretation: Reliance on a specific map for defining ‘less favoured areas’ may lead to uncertainty or conflict regarding boundary definitions, requiring clarification or further instructions.
- Citation, commencement and extent (1) These Regulations may be cited as the Heather and Grass etc. Burning (England) (Amendment) Regulations 2025. (2) These Regulations come into force on 30th September 2025. (3) These Regulations extend to England and Wales.
This section provides the official title, effective date (September 30th, 2025), and geographical scope (England and Wales) of the amending regulations.
- Amendments to the Heather and Grass etc. Burning (England) Regulations 2021 The Heather and Grass etc. Burning (England) Regulations 2021 are amended in accordance with regulations 3 to 5.
This section states that the following regulations (3, 4, and 5) will amend the existing Heather and Grass etc.
Burning (England) Regulations of 2021.
- Amendments to regulation 2 In regulation 2 (interpretation)— (a) after the definition of “burning season” insert— ““less favoured area” means any area of land shown within the areas coloured pink and blue on the map marked as “Less Favoured Areas (England)”, dated 21 August 2025, held by the Department for Environment, Food and Rural Affairs but does not include the land coloured pink in the Isles of Scilly;” (b) omit the definition of “designated site”; (c) in the definition of “upland area”, for ““Map of Upland Area in England”” substitute ““Less Favoured Areas (England)”, dated 21 August 2025,”.
This regulation amends the 2021 regulations' interpretation section.
It adds a definition for 'less favoured area,' referencing a specific map held by the Department for Environment, Food and Rural Affairs, and removes the definition of 'designated site'.
It also updates the definition of 'upland area' to align with the new mapping.
- Amendments to regulation 3 In regulation 3 (prohibition of burning on peat over 40cm deep except under licence)— (a) in the heading, for “40cm” substitute “30cm”; (b) in paragraph (1)— (i) for “designated site” substitute “site which falls within a less favoured area”; (ii) for “40” substitute “30”.
This regulation amends the section prohibiting peat burning.
It reduces the peat depth threshold from 40cm to 30cm, and it replaces references to 'designated site' with 'site within a less favoured area', aligning with the changes in section 3
- Amendments to regulation 4 In regulation 4 (licensing of burning), in paragraph (4)— (a) in sub-paragraph (a), after “natural” insert “or historic”; (b) in sub-paragraph (c), for “risk” substitute “impact”; (c) omit sub-paragraph (d); (d) after sub-paragraph (c), insert— (e) for research or educational purposes.
This regulation modifies the licensing section for burning.
It adds 'historic' to the description of features that can be protected, changes 'risk' to 'impact', omits one licensing ground, and introduces a new ground for licensing: research or educational purposes.
Explanatory Note (This note is not part of the Regulations) These Regulations amend the Heather and Grass etc. Burning (England) Regulations 2021 (…) (“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.
This explanatory note summarizes the amendments.
It clarifies that the changes update definitions, lower the peat burning threshold, and revise licensing criteria.
It also notes that no significant impact assessment was deemed necessary.