Schedule 1 Disturbance Licences - New Condition and Explanatory Notes

March 2025

Background

NatureScot has introduced a new condition to Schedule 1 Bird Disturbance licences. This condition has been developed in support of our Shared Approach to Wildlife Management, the primary focus of which is openness and transparency by ensuring landowners/managers are aware of licensed Schedule 1 Bird Disturbance activity on land they own or manage. This will include the level of activity and a general timeframe of when it will take place.

This formalises existing good practice for notifying landowners of licensed activity, relating to the disturbance of Schedule 1 species, which is already undertaken by many licence holders permit holders or agents working under organisational licences. It will allow NatureScot to support the development of better relationships between landowners/managers and those undertaking the licensed activity where this does not currently exist.

The condition reads as follows:

• The licence holder (or permit holder or agent, as appropriate) should notify the relevant landowner(s) or land manager(s), of planned licensed activity each year, including the expected timeframe of the activity and the likely number of visits planned.
• Where there is explicit agreement between the licence holder, permit holder, or agent and the landowner/ manager the notification can be extended unless there is a material change, such as change of ownership or licence holder.
• The notification must be in advance of any licensed activity.
• Where it is not reasonably practicable to notify the Landowner(s) or Land manager(s) of planned activity, the licence holder, permit holder, or agent must notify NatureScot and include the reason for not being able to contact the landowner/ land manager directly.
• Evidence of the notification to the landowner(s) or land manager(s) is to be made in a manner which can be provided to NatureScot if requested.

How does NatureScot define “should” in the condition?

NatureScot considers that the licence holder, permit holder, or agent is required to carry out this action to avoid the risk of breaching their licence conditions, unless the action is deemed to not be “reasonably practicable” in which case the licence holder must notify NatureScot.

General Monitoring not involving disturbance of Sch 1 species.

No notification is required for general monitoring; notification is only for licensed Schedule 1 disturbance activities.

How do I notify?

Notification can be verbal or in writing, evidence of notification must be recorded. The following information must be provided within the notification to meet the terms of the condition:

• That activity under a Schedule 1 disturbance licence may take place on the relevant land;
• A minimum four figure grid reference e.g. NC0136 of the location of the licensed activity;
• The licence number the activity is operating under;
• The timeframe within which the activity will be taking place;
• The estimated number of visits throughout that timeframe;

Where a licence holder, permit holder, or agent has concerns about sending advance notification of their presence, they must notify NatureScot, at [email protected], and state the reason for this and provide details.

Am I asking for access permission or just notifying the landowner?

This condition relates to licence holders, permit holders, or agents notifying landowners/managers prior to carrying out their licensed activity; it is not a request and there is no requirement to secure access permission. In accordance with the Land Reform Scotland Act 2003, access to land to carry out non-commercial monitoring work under licence does not require access permission.

What does NatureScot consider as being reasonably practicable to identify landowners/managers?

In many cases contact details will already be known by licence holders, permit holders, or agents and existing relations and contacts will have been made.

Where details are not already known, NatureScot will accept that where contact details for the Landowner or Land Manager (or another publicly designated representative, or general contact details for the relevant estate) are not published online, as a reason as to why contact cannot be made. If this is the case, then NatureScot must be notified.

We consider that if the licence holder, permit holder, or agent has made the above reasonable efforts to identify the correct landowner or manager and they cannot be identified, or there are other legitimate reasons why the licence holder, permit holder, or agent deems it not reasonable to notify the land owner or manager, then they must provide a detailed explanation to the NatureScot licensing team ([email protected]).

It is in the best interest of landowners/managers to make their details available to enable the workability of this condition. Scottish Land and Estates and the Scottish Gamekeepers Association have offered to assist with providing details of their members on request. However, licence holders, permit holders, or agents are not obligated to undertake this.

Will I have to provide personal information?

In line with the UK General Data Protection Regulations (UK GDPR) the licence holder, permit holder, or agent is not required to share any personal data with the landowner/manager. Licence holders, permit holders, or agents can use generic, organisational email addresses or withhold telephone numbers to prevent this. Recorded delivery postal notification can also be used.

Will I have to share sensitive environmental data?

There is no requirement to share with the landowner/ manager any data collected during monitoring’ this includes the location of any nest or roost sites, or the species being monitored. The notification is purely to advise the landowner/manager that licensed disturbance to Schedule 1 species may occur on their land. We would, however, encourage the fostering of good working relationships and the sharing of appropriate levels of information which supports conservation management for Schedule 1 species.