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Hill Farming Act 1946

Hill Farming Act 1946 s 23A

s 23A Power to vary permitted times for making muirburn

(1) The Scottish Ministers may, by order, modify section 23 so as to substitute for any of the dates for the time being mentioned in subsection (3) or (4) of that section such other dates as they consider appropriate so as to extend or reduce the standard muirburn season or extended muirburn season. (1A) An order under subsection (1) may make different provision for different purposes and, in particular, for— (a) different land (for example, for land at different altitudes); (b) standard muirburn seasons or extended muirburn seasons in different years. (2) The Scottish Ministers may make an order under subsection (1) only if they consider it necessary or expedient to do so in relation to climate change. (a) in relation to climate change (b) for the purposes of conserving, restoring, enhancing or managing the natural environment; or (c) for the purposes of public safety. (3) An order under subsection (1) may not modify any of the dates for the time being mentioned in section 23 if the modification would result in a period during which it is lawful to make muirburn in any year being shorter than the corresponding period which applied on the coming into force of section 34 of the Wildlife and Natural Environment (Scotland) Act 2011 (asp 6). (4) The power conferred by subsection (1) is exercisable by statutory instrument. (5) No statutory instrument containing an order under subsection (1) may be made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.

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