Cairngorms Nation­al Park — 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.

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

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 if an occu­pi­er has the writ­ten per­mis­sion of the appro­pri­ate landown­er or tenant.

1. 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.

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 if an occu­pi­er has the writ­ten per­mis­sion of the appro­pri­ate landown­er or tenant.

1. 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.