Peatland ACTION - Protected Species Agent Role and Responsibilities
Roles and responsibilities for applicants/agents with regards to species protection on Peatland ACTION projects.
Introduction
Applicants / agents are responsible for procuring and managing all species protection relevant to the operational delivery of their Peatland ACTION project and for ensuring that all restoration work is carried out in compliance with the law.
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.
Peatland ACTION will provide financial assistance for surveys based on need and appropriate cost.
Protected species
Peatland habitats support some species that are protected by law. When undertaking peatland restoration work, all parties involved must ensure that they comply with all relevant protected species legislation and any relevant guidance, standards and codes of practice.
Identifying which protected species are present on a site and understanding the constraint(s) this poses for restoration work is an essential part of the project planning process. It will require procuring an ecological consultant for expert advice and the delivery of species surveys, and the preparation and implementation of species protection plans.
Information on species surveys good practice guidance and mitigation for protected species is available on our website. Specific guidance has been developed for breeding birds and reptiles on peatland restoration sites.
What surveys will be needed?
There are three stages of survey during the design and delivery of peatland restoration:
1. Pre-application surveys
Pre-application surveys are known as preliminary ecological surveys or a scoping study to determine the presence and potential presence of protected species. A scoping study should be prepared at the project planning stage to identify the ecological features and potential presence of protected species to determine what species surveys are required and the most appropriate time of the year to carry out the surveys for the species concerned. A protected species survey may also be required pre-application to inform a Habitat Regulations Appraisal (HRA).
A scoping study would normally comprise the following:
a) A desk study, comprising the following:
- Assess the type of habitats and species likely to be present on the site and surrounding area.
- Whether any designated sites are within the zone of influence of a project.
- Search for species records to identify the confirmed/possible presence of protected species and the need for species surveys to be carried out. Environmental data can be obtained from online resources including biodiversity data and information and NatureScot’s data services. The Scottish Raptor Study Group should be contacted for data on raptors. For data on freshwater pearl mussel, please contact Peatland ACTION by emailing [email protected].
- Local River or Fisheries Trusts should be consulted to identify any site-specific interests and considerations such as fisheries and salmon redds.
b) A preliminary walk-over field survey of the restoration site and its surrounding area by a competent ecologist will help to validate the information obtained from the desk study and inform what species surveys are required and when. This information should be used to determine the project delivery timeline.
2. Pre-operational surveys
If the scoping study concludes that protected species may be present, pre-operational surveys will be required to inform the programming, phasing and timing of restoration work, and identify the type of mitigation needed for species protection: e.g. programme works for outwith breeding season or at least sensitive times of the year; ensure appropriate disturbance buffer zones are in place; and provide guidance to the site contractors about what to look for and what actions to take if protected species are encountered during works. The scoping study and the pre-operational surveys should also identify if there will be a requirement for regular ecological checks by an ecologist or Ecological Clerk of Works (ECoW) during the operational phase.
3. Operational surveys
Some species will require surveys or checks during the operational phase of restoration work. The aim of these checks is to determine if there has been any obvious change in the activity of protected species at the site since the original survey was undertaken and to ensure species protection plans are delivered and adhered to. For example, works carried out during the bird breeding season may require both pre-operations and during operations surveys.
What mitigation will be needed?
The ecologist(s) should provide the results of all surveys in a written report with maps and spatial data. If a protected species could be affected by the restoration work, the report must include a species protection plan (SPP). The SPP should include measures proposed to minimise impacts on the protected species following a hierarchy of avoidance, mitigation and compensation / enhancement, and details of any licensing requirements.
The applicant/agent is responsible for ensuring all mitigation is implemented and maintained on site for the required duration and making all contractors aware of the mitigation requirements. If a licence is deemed necessary for a project, the applicant/agent would need to make an application to NatureScot licensing. If the presence of protected species is unexpectedly found during works, the applicant/agent will need to seek advice from an ecologist before proceeding.
Requirements for protected areas and habitats
A Habitats Regulations Appraisal (HRA) may be required if a project is likely to have a significant effect on a designated European site (SACs and SPAs). This may require specific species surveys to be undertaken prior to the HRA being undertaken. If works could impact a Site of Special Scientific Interest (SSSI), consent may need to be obtained from NatureScot under The Nature Conservation (Scotland) Act 2004. Expression of Interests and pre-application surveys should identify if there are any designated site interests that may be negatively affected in the long term by restoration. This is because a restoration plan may need to be amended to avoid negative impacts, or the circumstances may not be appropriate for committing funding to a project at that time. SiteLink provides access to information on Protected Areas across Scotland including details of SSSIs and Operations Requiring Consent.
What financial assistance is available?
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 provide financial assistance for pre-operational and operational surveys to support project delivery. All costs associated with species works during the pre-operational and operational phases must be included within the application along with quotes as detailed in Annex 1.
Applicants must demonstrate that they have undertaken a fair, open and transparent tender exercise. Annex I sets 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.
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.
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 and/or necessary evidence. The results of all protected species surveys must be uploaded to the National Biodiversity Network Gateway (NBN) in accordance with the grant conditions.
What information does the applicant / agent need to give to Peatland ACTION under the grant agreement?
Prior to starting your project, you will need to provide Peatland ACTION with an up-to-date constraints map showing species buffers. If your project requires a species licence, you will need to provide the licence number.
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.
Peatland ACTION compliance check of species protection function managed by applicants / agents
As part of our compliance checks, Peatland ACTION will record and verify the effectiveness of the species protection function carried out by applicants / agents and identify any updates to our guidance. Further information will be provided as this is developed.
Questions about this guidance?
If you have any questions about this guidance, please contact [email protected]
Annex 1: Thresholds and Minimum Competition Requirements
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 |
|
| £25,000 - £50,000 | x 5 Written Quotes - a minimum of 5 suppliers to be invited to quote |
|
| £50,000 and above | Advertise and full procurement tendering exercise |
|
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