250214Paper1Annex3FireByelawWording

Cairngorms Nation­al Park Author­ity Ugh­dar­ras Pàirc Nàiseanta a’ Mhon­aidh Ruaidh Annex 3, Paper 1 Form­al Board 14 Feb­ru­ary 2025 Page 1 of 3

Annex 3 Fire Man­age­ment Byelaw

Gen­er­al

1. The Cairngorms Nation­al Park Author­ity, con­sti­tuted under the Nation­al Parks (Scot­land) Act 2000 and the Cairngorms Nation­al Park Des­ig­na­tion, Trans­ition­al and Con­sequen­tial Pro­vi­sions (Scot­land) Order 2003, and hav­ing its prin­cip­al offices at 14 The Square, Grant­own-on-Spey, Moray, PH26 3HG (“the Author­ity”), in exer­cise of the powers con­ferred upon it by Para­graph eight of Sched­ule Two to the Nation­al Parks (Scot­land) Act 2000 hereby makes the fol­low­ing byelaws:

Cita­tion and applic­a­tion a) These byelaws may be cited as The Cairngorms Nation­al Park Fire Man­age­ment Byelaws 2025. b) These byelaws shall apply between the dates of 01 April and 30 Septem­ber in each cal­en­dar year (both dates inclus­ive) with­in the Cairngorms Nation­al Park (“the Nation­al Park”).

Defin­i­tions and interpretations

1. In these byelaws, the fol­low­ing words, phrases and expres­sions have the inter­pret­a­tion and mean­ing hereby assigned to them, respect­ively: a) ​“Bar­be­cue” means an appli­ance or rack on which food is cooked out of doors over an open fire and shall include a dis­pos­able bar­be­cue, wheth­er man­u­fac­tured as such or oth­er­wise. It shall not include a gas bar­be­cue. b) ​“Bothy” means a build­ing of no more than two storeys which: i. Does not have any form of mains elec­tri­city, piped fuel sup­ply and piped mains water sup­ply. ii. Is 100 metres or more from the nearest pub­lic road (with­in the mean­ing of Sec­tion 151 of the Roads (Scot­land) Act 1984). iii. Is 100 metres or more from the nearest hab­it­able build­ing. c) ​“Cur­til­age” means land which is used for the com­fort­able enjoy­ment of a build­ing, and which is suf­fi­cient to allow those occupy­ing the build­ing to have reas­on­able meas­ures of pri­vacy and to ensure that their enjoy­ment of the build­ing is not unreas­on­ably disturbed.

Cairngorms Nation­al Park Author­ity Ugh­dar­ras Pàirc Nàiseanta a’ Mhon­aidh Ruaidh Annex 3, Paper 1 Form­al Board 14 Feb­ru­ary 2025 Page 2 of 3

d) ​“Dwell­ing­house” means a res­id­en­tial prop­erty includ­ing a build­ing con­tain­ing one or more flats, or a flat con­tained with­in such a build­ing and includ­ing such prop­erty when used for short-term let in terms of the Civic Gov­ern­ment (Scot­land) Act 1982 (Licens­ing of Short-term Lets) Order 2022. e) ​“Fire­place” means a struc­ture (includ­ing wood burn­ing stove) that is designed to con­tain a fire and is made of brick, stone, met­al or any oth­er mater­i­al. f) ​“Landown­er” means the own­er of any land or build­ing with­in or con­nec­ted to the Nation­al Park. g) ​“Licensed” means hold­ing a val­id licence issued under the Cara­van Sites and Con­trol of Devel­op­ment Act 1960. h) ​“Occu­pi­er” means any per­son who is occupy­ing a dwell­ing­house or prop­erty with the con­sent of the landown­er. i) ​“Prop­erty” includes both land and built infra­struc­ture. j) ​“Ten­ant” means the ten­ant of any land with­in the Nation­al Park leased or let to such ten­ant under a lease.

Fire

1. It shall be an offence under these byelaws for any per­son without law­ful author­ity to light, have or tend a fire in the Nation­al Park, or place or throw or let fall a lighted match, fire­work or any oth­er thing so as to be likely to cause a fire, unless the fire is wholly con­tained: a) With­in the cur­til­age of a private dwell­ing­house and is under the con­trol of the landown­er, ten­ant or occu­pi­er of the dwell­ing­house so as to safe­guard against dam­age or danger to any per­son, wild­life, live­stock, build­ing, struc­ture, tree, shrub or veget­a­tion. b) In a fire­place in a bothy so as to safe­guard against dam­age or danger to any per­son, wild­life, live­stock, build­ing, struc­ture, tree, shrub or veget­a­tion. c) In a licensed cara­van site so as to safe­guard against dam­age or danger to any per­son, wild­life, live­stock, build­ing, struc­ture, tree, shrub or veget­a­tion and has per­mis­sion from the own­er of the site. d) With­in private prop­erty, is under the con­trol of the landown­er, ten­ant or occu­pi­er of the prop­erty so as to safe­guard against dam­age or danger to any per­son, wild­life, live­stock, build­ing, struc­ture, tree, shrub or veget­a­tion, and has the writ­ten per­mis­sion of the landowner.

2. These byelaws shall not pre­vent the use of a camp­ing stove man­u­fac­tured as a camp­ing stove or cook­er (exclud­ing any wood or coal-based sys­tem), provided it is used in such a man­ner as not to cause danger of, or dam­age by, fire.

Cairngorms Nation­al Park Author­ity Ugh­dar­ras Pàirc Nàiseanta a’ Mhon­aidh Ruaidh Annex 3, Paper 1 Form­al Board 14 Feb­ru­ary 2025 Page 3 of 3

Bar­be­cues

1. It shall be an offence under these byelaws for any per­son without law­ful author­ity to light or use a bar­be­cue in the Nation­al Park, unless the bar­be­cue is wholly con­tained: a) With­in the cur­til­age of a private dwell­ing­house and is under the con­trol of the landown­er ten­ant or occu­pi­er of the dwell­ing­house so as to safe­guard against dam­age or danger to any per­son, wild­life, live­stock, build­ing, struc­ture, tree, shrub or veget­a­tion. b) In a licensed cara­van site so as to safe­guard against dam­age or danger to any per­son, wild­life, live­stock, build­ing, struc­ture, tree, shrub or veget­a­tion, and has per­mis­sion from the own­er of the site. c) With­in private prop­erty, is under the con­trol of the landown­er, ten­ant or occu­pi­er of the prop­erty so as to safe­guard against dam­age or danger to any per­son, wild­life, live­stock, build­ing, struc­ture, tree, shrub or veget­a­tion, and has the writ­ten per­mis­sion of the landowner.

2. These byelaws shall not pre­vent the use of a gas bar­be­cue, provided it is used in such a man­ner as not to cause danger of, or dam­age by, fire.

Pro­vi­sion of details

1. It shall be an offence under these byelaws for any per­son to refuse to provide their full name, address, date and place of birth, tele­phone num­ber and email address (if any) to any per­son author­ised in writ­ing by the Author­ity who has reas­on­able grounds for believ­ing that such per­son has com­mit­ted an offence under these byelaws.

Pen­al­ties and offences

1. No per­son shall obstruct any per­son author­ised in writ­ing by the Author­ity in the exe­cu­tion of their duties in rela­tion to these byelaws.

2. Any per­son who con­tra­venes any of the fore­go­ing byelaws shall be guilty of an offence and shall be liable on sum­mary con­vic­tion to a fine not exceed­ing Level two on the Stand­ard Scale in respect of each offence.