4 Heather and Grass Burning

14.81 A farmer must not commence burning heather, rough grass, bracken, gorse or vaccinium (‘specified vegetation’) on any land between sunset and sunrise.¹⁷⁶ The restrictions on heather burning, like those on burning crop residues (above), are also enforced through the cross compliance regime for the basic payment scheme of CAP farm support,¹⁷⁷ where they are part of GAEC 6 for the protection of soil organic matter.

14.82 Natural England can authorise burning under licence¹⁷⁸. Unless authorised by license, it is an offence to burn any specified vegetation outside the burning season. It is also an offence, within the burning season, to burn in a single burn more than 10 hectares of specified vegetation; or a single area¹⁷⁹ of more than 0.5ha of specified vegetation if it is on a slope of more than 45 degrees, or more than half the area is exposed rock or scree. It is also an offence to burn specified vegetation if it results in the exposure (to a width of more than a metre) of an area of bare soil more than 25 metres in length along the banks for a watercourse.¹⁸⁰ If Natural England believe that burning has taken place in breach of these rules they cam issue the occupier of the land with a ‘burning notice’.¹⁸¹ A burning notice will have effect for a maximum of two years and will require the occupier to notify Natural England of all proposals to undertake burning operations involving the specified vegetation during that period. Breach of the terms of a burning notice will be an offence.