PARLIAMENTARY WRITTEN QUESTION
(28 August 2026)

To ask the Secretary of State for Environment, Food and Rural Affairs, how many enforcement visits relating to suspected breaches of heather burning regulations have been undertaken in the last 12 months; what the average cost to the Department was of conducting such a visit; and what guidance her Department provides on the circumstances in which a caution may be issued instead of further enforcement action.

Asked by:
Sir Julian Smith (Conservative)

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.

Answered by:
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