Question to the Department for Environment, Food and Rural Affairs:

To ask the Secretary of State for Environment, Food and Rural Affairs, what guidance her Department provides to officials conducting inspections of land subject to allegations of unauthorised heather burning; and how many cases in the last two years have resulted in an initial finding being subsequently revised following an independent expert assessment.

The Government is committed to protecting England’s peatlands. The Heather and Grass Burning Regulations establish a licensing regime for burning on protected peatland with a peat depth of more than 30cm.

Suspected breaches of the Regulations are subject to an assessment process and, where appropriate, referred for investigation. Defra Counter Fraud and Investigations (CFI) officers investigating allegations of unauthorised burning follow the policies and guidance outlined within the Heather and Grass Burning Regulations 2021 and amended 2025.

Whilst we don’t comment on individual investigations, within the last two years, CFI have been referred 8 HGB investigations for potential breaches. The Department does not hold information on cases where any initial assessment may subsequently have been revised following an independent expert assessment.

Within the last 12 months, Defra CFI have undertaken one enforcement visit in relation to suspected breaches of the Heather and Grass burning regulations. We do not immediately hold the information regarding the costs associated with the visit and the wider triage and assessment process.

Decision on enforcement action or issuing cautions are taken in accordance with the Defra enforcement policy. The decision is determined on a case-by-case basis, taking account of the circumstances of the offence and enforcement considerations.