The Wildlife Management and Muirburn (Scotland) Act 2024
The Scottish Parliament passed the Wildlife Management and Muirburn Bil on 21 March 2024.
Subsequently, on 30 April 2024, the legislation received Royal Assent and became an Act of Parliament. As of this date, the legislation does not have a commencement date, which is decided by Scottish Ministers.
There are five principal pillars within the legislation, namely
The introduction of a licensing scheme for the killing or taking of certain birds, initially red grouse.
The introduction of a licensing scheme for muirburn
Introducing a licensing regime for the use of certain wildlife traps
Prohibiting the use of snares, and
Providing powers for Scottish SPCA inspectors to investigate wildlife crime.
A number of factors will influence the commencement date. NatureScot, the licensing authority, will oversee the key licensing matters and will need time to provide the necessary infrastructure. Given that applicants, in some cases (spring traps), will be required to attend a course and register, there will be three distinct introduction phases.
NatureScot has projected the following estimated timescales for the three licensing schemes:
Grouse Shooting Licensing: in time for the 2024 grouse shooting season (12 August 2024)
Muirburn Licensing: in time for the 2025 Muirburn season (15 September 2025)
Wildlife Trap Licensing: early 2025.
At a presentation organised by Scottish Land and Estates on 11 June 2024, NatureScot gave an update in respect of progress on grouse shooting licensing. They are confident that on the legislation being commenced (imminently), they will launch an online application process, which appears to be relatively straightforward. It will include, amongst other things, the input of mapping data indicating the area where grouse are shot. It is important to note that even if a person intended to shoot just one grouse over a piece of land, that land is required to be licenced.
It is our intention to provide a further, more comprehensive briefing as the system opens for applications. In the meantime, if you have any queries, please don’t hesitate to phone the office, where we will be happy to provide assistance.
It is of note that the initial provisions introduced by the Bill were far more draconian than subsequently passed. Given the significant lobbying conducted by SLE, supported by their colleagues in other shooting advocacy organisations, significant areas of proportionality were introduced, including an appeals process and stricter liability criteria. Given the political landscape (the influence of the Green Party in the Bute House Agreement), the resultant legislation is more palatable than it could have been.
Given that there is likely to be a change of government party in Westminster post-4 July 2024, and the Labour Party is showing itself not to be a friend of the countryside, we will watch closely to see what threats emerge when the new Ministers get their feet under Whitehall’s desks. They will not be averse to looking for inspiration west and north to Wales and Scotland, respectively.