Emergency Wildfire Action: What Moorland Managers Need to Know

Your legal rights

Wildfire risk is a growing concern for moorland managers, particularly during periods of extreme fire weather. The Wildlife and Countryside Act 1981 (Section 28P 4b) permits emergency action on Sites of Special Scientific Interest (SSSIs) to prevent immediate threats to life, property, and the environment (Common Law also permits reasonable and necessary actions to prevent damage or risk in emergency situations).

This blog provides guidance on when you can act without prior authorisation from Natural England.

1. When can I take emergency action?

Emergency action is justified if there is an immediate threat, such as a wildfire is actively burning or there is an extreme risk of ignition due to extreme fire weather conditions or local fuel load. Factors indicating an immediate threat include:

A fire is actively spreading toward your land or a nearby land.
Official warnings from the Fire & Rescue Service or Met Office (e.g. severe fire danger alerts, prolonged drought conditions, high winds, and extreme temperatures). If official warnings are not available or appropriate for your local situation, other assessments such as those provided by FireInSite may serve as a complementary tool but these other assessments do not replace official warnings that are directly relevant to your situation.
High levels of public activity in fire-prone areas, such as increased illegal camping, use of BBQs, illegal off-road vehicle use and discarded cigarettes. This could be combined with expected fine weather over weekends or bank holidays.
A noticeable increase in vegetation fuel build-up, such as dense dry heather (particular consideration should be given to areas of moor damaged by heather beetle) or unmanaged bracken, making ignition highly likely under the prevailing weather conditions.

2. What action can I take?

If a wildfire is approaching a SSSI or other private land, you may take reasonable emergency actions such as:

Creating firebreaks through both cutting and controlled burning, where safe and necessary to prevent wildfire spreading.
Allowing access for emergency services if existing routes are inadequate.
Using water or fire retardants where necessary to suppress flames.
Moving livestock to safer areas if fire threatens grazing land.

While emergency action is allowed, it must be proportionate, necessary, and cause minimal damage to the SSSI or surrounding habitats.

📄 Related Reading: What You Must Consider Before Responding to a Wildfire

To stay within the law, moorland managers should:

✅ Notify Natural England as soon as reasonably possible – even if consent was not required in an emergency, you must inform them of the actions taken and why they were necessary. You can use our example letter provided here.

✅ Only take the minimum action needed – avoid excessive clearance or disruption beyond what is required to mitigate the immediate risk.

✅ Restore any damage caused – if emergency measures affect the SSSI condition, restoration may be necessary, and these actions should be planned and discussed with Natural England to ensure compliance with conservation objectives.

Conclusion

Moorland managers play a crucial role in wildfire prevention and response. While emergency action is permitted under the Wildlife and Countryside Act 1981, it must be carefully justified and reported. By combining proactive management with a clear understanding of legal requirements, landowners can protect both public safety and the valuable biodiversity of our uplands.

Example Letter

[Your Name / Organisation]

[Postal Address]

[Email Address]

[Phone Number]

Date: [Insert Date]

Natural England

[Address of relevant Natural England office or local team]

Dear [Natural England Officer's Name],

Re: Emergency Action Taken to Prevent Wildfire Spread on [SSSI Name]

I am writing to inform you of the emergency actions I have taken at [Site Name], a Site of Special Scientific Interest (SSSI), in response to the immediate wildfire risk due to [extreme fire weather conditions, rapid vegetation fuel build-up, increased public activity, etc.]. These actions were carried out under the provisions of the Wildlife and Countryside Act 1981, and were necessary to prevent the potential spread of fire to the SSSI, surrounding property, and wildlife habitats.

Summary of the Immediate Threat:

On [date(s)], the following factors contributed to the immediate wildfire risk: [edit for relevance to your situation]

Extreme fire weather conditions, including [mention heatwaves, drought, high winds, etc.].
A noticeable increase in vegetation fuel load, particularly dense dry heather and unmanaged bracken, which, under the prevailing conditions, posed a high risk of ignition.
High levels of public activity in the area, including increased numbers of illegal campers and BBQ use, exacerbating the potential for human-caused fires.
Fire warnings from the Fire & Rescue Service and the Met Office indicated a significant fire risk in the region during this period.

Actions Taken:

Given the immediate risk, I took the following emergency actions to mitigate the threat: [edit for relevance to your situation]

Creation of firebreaks through both cutting and controlled burning in specific areas where necessary to prevent fire spread. These actions were performed safely and in line with the fire risk assessments conducted for the site.
Clearing vegetation in vulnerable areas to reduce fuel loads and minimise fire spread potential.
Ensured access for emergency services by clearing key routes that could otherwise be obstructed.
Alerted and moved livestock to safer areas away from potential fire hazards.

Compliance with Legal Requirements:

As required, I have ensured that the actions were proportionate and necessary to mitigate the immediate risk of wildfire and to protect both the SSSI and surrounding land.
Minimal disruption to the site’s habitat was made, and I am committed to restoring any damage caused by the emergency actions, in consultation with Natural England.
I have followed all safety protocols for the controlled burning of firebreaks and worked in close communication with local fire authorities to ensure all measures were undertaken with the necessary expertise and care.

Next Steps:

Please let me know if there are any additional actions required on my part, or if you would like to arrange a site visit to assess the emergency measures taken. I will remain in close communication with your team to ensure ongoing compliance with the site's conservation objectives.

Thank you for your understanding and support in this matter. I look forward to your guidance on any follow-up steps necessary.

Yours sincerely

[Your Name]

[Your Position (if applicable)]

[Your Contact Information]