Peatland ACTION - Changes to support for species protection for Peatland ACTION projects

         

 

Species protection is a legal requirement of all developments and activities in Scotland. NatureScot Peatland ACTION will be changing the way it supports protected species surveys. To date, Peatland ACTION has procured and managed all protected species surveys for all stages of restoration.  There are three stages of survey during the design and delivery of peatland restoration:

• Pre-application surveys – also known as preliminary ecological surveys or a scoping study, to determine the presence and potential presence of protected species. These surveys may be required to inform a Habitat Regulations Appraisal (HRA).
• Pre-operational surveys – to inform species protection plans, work sequencing and access routes.  These may also be used to update HRAs.
• Operational surveys – surveys and monitoring to inform project management whilst restoration is underway.

Why is this change being made?

• To improve efficiency by ensuring direct and clear lines of communication are established between machine operators / contractors, and the ecologists’ undertaking surveys.  This is a major success factor in ensuring that the works are efficient, and the contractors can respond to protected species issues without delay.  For example, changes to the planned sequencing of work in response to protected species issues.
• To ensure that protected species issues do not cause unnecessary or costly delays to the delivery of works.

For April 2025 application round

There will be no change to the financial support Peatland ACTION will provide for protected species surveys up until the deadline of the next application round (30 April 2025). However, a key change is that applicants/agents will now be responsible for procuring and managing all species protection relevant to the operational delivery of their project. This includes obtaining ecological advice and contracting ecologists to undertake protected species surveys and develop species protection plans, implementing and overseeing mitigation, and ensuring a close dialogue between ecologists, agents and contractors at all stages of the project planning, delivery and management process. 

All costs associated with species works during the pre-operational and operational phases must be included within the application. Surveys costs will be assessed separately from the capital project work for value for money.  Peatland ACTION will reimburse approved survey costs as part of the grant claim upon submission of receipted invoices.

For September 2025 application round [added 07 July 2025]

The applicant and / or agent is responsible for the costs of all pre-application protected species surveys. These will not be reimbursed by Peatland ACTION. Some projects might be eligible for pre-application species surveys under the Project Development Support Scheme v2 .
Peatland ACTION will contribute to the costs of pre-operational species surveys and operational species surveys – see section on what financial assistance is available for species surveys on our protected species agent roles and responsibilities web page.

Roles and Responsibilities

• The applicant/agent must ensure that all works are carried out in compliance with all wildlife legislation and in accordance with any relevant guidance, standards and codes of practice.
• All agents/applicants must consider protected species as part of the planning and design of their restoration projects.
• The agent/applicant will procure and manage all surveys.
• The contractor is also responsible for ensuring adherence to the law with regards to protected species.
• The applicant/agent must ensure that the contractor does not break the law with regards to protected species when organising and delivering the work.
• The applicant/agent will be responsible for delivering surveys in accordance with approved best practice. This includes the development and implementation of mitigation/species protection plans and ensuring compliance.
• If a licence is deemed necessary for a project, an application by the applicant/agent would need to be made to NatureScot licensing.

Procurement of ecological services

Applicants must demonstrate that they have undertaken a fair, open and transparent tender exercise.  The table 1 and 2 set out our minimum expectations. It also sets out what further information and approvals may be required in you are unable to meet the minimum requirements. The applicant may be requested to submit evidence of this as part of their application. 

Where an applicant wishes to use their in-house team to deliver work, they must provide evidence of competence and submit a full breakdown of costs, including staff costs. In such cases, your Funding Officer will agree evidence requirements to allow funds to be claimed. 

Peatland ACTION will require the following to be supplied with any claim of funds or as requested during site checks or compliance visits.  
•    Up-to-date constraints map including species buffers;  
•    The licence number of any species licences if applicable; 
•    Staff timesheet(s) and / or ecological consultant invoice(s); and
•    Evidence of Ecologist recognized credentials or concise CV.
Upon completion of the contract, on submission of final claim report: 
•    Up-to-date constraints map including species buffers; and 
•    Evidence of uploaded species survey results to the National Biodiversity Network Gateway.

For all projects being developed after 1^st May 2025, for submission at a future deadline

As per the Change Conversation, we plan to review our support for project design. This review will include an appraisal of the merits of the Project Development Support Scheme (PDSS). 

Update May 2025: The review of the Project Development Support Scheme (PDSS) has been completed and we are offering funding under a revised PDSS v2 

Table 1a - Thresholds and Minimum Competition Requirements for all groundworks contracts

Purchasing thresholds including any non-recoverable VAT	Minimum Competition Requirements	Further information and approvals that will be required
All restoration works	Advertise and manage through PCS.	Public Contracts Scotland (PCS) portal MUST be used to advertise and manage all contract tender opportunities. Contracts must be advertised for a minimum of 3 weeks. Approval required if only one tender received (no competition).

 

Table 1b - Thresholds and Minimum Competition Requirements for all other Peatland ACTION supply and service contracts, including ecological services

Purchasing thresholds including any non-recoverable VAT	Minimum Competition Requirements	Further information and approvals that will be required
£1,000 and below	x 2 Quotes  – to enable a value for money comparison	None
£1,000 to £25,000	x 3 Written Quotes  - a minimum of 3 suppliers to be invited to quote	Justification required if other than lowest quote is opted for Explanation required if only one quote received
£25,000 to £50,000	x 5 Written Quotes - a minimum of 5 suppliers to be invited to quote	Justification and approval required if 5 suppliers not invited to quote Justification and approval required if other than lowest quote is opted for Justification and approval required if only one quote received
£50,000 and above	Advertise and full procurement tendering exercise	Public Contracts Scotland (PCS) portal is the preferred route to advertise all contract tender opportunities and MUST be used for all contracts of £50k and over, inclusive of VAT. Contracts must be advertised for a minimum of 3 weeks Supply only contracts may be procured out with PCS with our prior approval. A minimum of 5 written quotes must be invited with approval requirements as set out in the £25k - £50k threshold above. Approval required if only one tender received (no competition)

Further guidance on our procurement requirements is available on our website.