Policy paper

Solway Tweed River Basin District in England programmes of measures: mechanisms summary

Updated 1 January 2024

Applies to England and Scotland

1. Introduction

The Water Environment (Water Framework Directive) (England & Wales) Regulations 2017 (referred to as the WFD Regulations) provide a framework for managing the water environment in England.

Under the WFD Regulations, a river basin management plan must be prepared for each river basin district. The plan includes environmental objectives and a summary of the programmes of measures required to achieve those objectives.

The information on mechanisms presented here underpins the summary programmes of measures in the updated Solway Tweed River Basin Management Plan. It focuses on the statutory and non-statutory mechanisms needed to translate measures into outcomes.

Mechanisms describe the policy, legal or financial tools needed to implement a particular measure. For example, a legal mechanism may require that a particular activity can only be carried out in accordance with an environmental permit and its conditions. In this case the measure would be to ensure that all such activities have appropriate permits in place, and the legislation underpinning it provides the ‘mechanism’ to ensure the environment is protected.

A range of mechanisms can be used, from regulatory interventions for example, permitting and enforcement to non-legislative approaches such as providing advice and guidance. Mechanisms are often used in combination to give effect to particular measures.

A range of mechanisms are available to implement measures.

Legislative measures

These measures include:

• product controls

• bans, prohibitions, notices

• environmental permits and statutory requirements, including registrations, general binding rules, standard permits, bespoke permits, tradable permits and quotas

• spatial planning policies

• byelaws

Financial measures

These measures include:

• financial incentives

• financial disincentives

Non-legislative measures

These measures include:

• cooperative agreements

• voluntary guidance, codes of practice

• voluntary assurance schemes

• education, targeted information

• general campaigns

• face-to-face advice

• naming and shaming

• shared learning, research

• demonstration projects

• network building

• locally driven direct action including catchment based approach

2. Cross-cutting legislation for protecting water

2.1 The 25 Year Environment Plan

The Government’s 25 Year Environment Plan sets out its commitment to a comprehensive and long-term approach to protecting and enhancing nature. The wider environment ambition set out in the plan is to leave the environment in a better state than found within a generation.

Now that the United Kingdom has left the European Union, control of important areas of environmental policy has returned to domestic control. The 25 Year Environment Plan seeks to “strengthen and enhance the protections our countryside, rivers, coastline and wildlife habitats enjoy, and develop new methods of agricultural and fisheries support which put the environment first” (25 Year Environment Plan, Foreword from the Prime Minister). The plan sets out the environmental ambition under a number of goals.

The UK will achieve:

• clean air

• clean and plentiful water

• thriving plants and wildlife

• reduced risk of harm from environmental hazards such as flooding and drought

• using resources from nature more sustainably and efficiently

• enhanced beauty, heritage and engagement with the natural environment

Pressures on the natural environment will be managed by:

• mitigating and adapting to climate change

• minimising waste

• managing exposure to chemicals

• enhancing biosecurity

UK policies will focus on:

• using and managing land sustainably

• recovering nature and enhancing the beauty of landscapes

• connecting people with the environment to improve health and wellbeing

• increasing resource efficiency, and reducing pollution and waste

• securing clean, productive and biologically diverse seas and oceans

• protecting and improving the global environment

The “clean and plentiful water” goal describes in more detail how the government will address the long term ambition for the water environment. The following will improve at least three quarters of the UK’s waters to be close to their natural state as soon as is practicable by:

• reducing the damaging abstraction of water from rivers and groundwater, ensuring that by 2021 the proportion of water bodies with enough water to support environmental standards increases from 82% to 90% for surface water bodies and from 72% to 77% for groundwater bodies

• reaching or exceeding objectives for rivers, lakes, coastal and ground waters that are specially protected, whether for biodiversity or drinking water in line with the river basin management plans

• supporting Ofwat’s ambitions on leakage, minimising the amount of water lost through leakage year on year, with water companies expected to reduce leakage by at least an average of 15% by 2025

• minimising by 2030 the harmful bacteria in designated bathing waters and continuing to improve the cleanliness of UK waters. Potential bathers will be warned of any short-term pollution risks

The government has already brought forward many of the actions set out in the 25 Year Environment Plan including a range of supporting strategies and a new Environment Act 2021.

2.2 Environment Act 2021

The Environment Act 2021 will help deliver the government’s manifesto commitment to delivering the most ambitious environmental programme of any country on earth. It is part of the wider government response to the clear and scientific case, and growing public demand, for a step-change in environmental protection and recovery.

Acting as one of the key vehicles for delivering the vision set out in the 25 Year Environment Plan, the Environment Act 2021 brings about urgent and meaningful action to combat the environmental and climate crisis. It sets a new and ambitious domestic framework for environmental governance and helps to deliver on the government’s commitment to be the first generation to leave the environment in a better state.

The provisions in the Environment Act 2021 will help to manage the impact of human activity on the environment, creating a more sustainable and resilient economy, and enhancing well-being and quality of life. It will engage and empower citizens, local government and businesses to deliver environmental outcomes and create a positive legacy for future generations.

The Environment Act 2021, which principally applies to England only, introduces measures under a number of broad headings. Find more information on the specific measures:

• environmental governance

• waste and resource efficiency

• air quality and environmental recall

• water

• nature, biodiversity and conservation covenants

2.3 Bathing waters

Bathing water quality is assessed through the Bathing Water Regulations 2013 which includes microbiological standards and a requirement to provide information about bathing waters on signs at beaches and online. In addition, the public must be informed about bathing water quality and beach management. Waters are classified into 4 categories – excellent, good, sufficient and poor. All bathing waters should meet at least sufficient. Where any waters are classified as poor, advice against bathing must be provided for the following season.

The Environment Agency is the competent authority under the Bathing Water Regulations.

The regulations are supported by other mechanisms that control pollution from particular points or from more widespread, or diffuse, sources (see sections 6 and 7 of this document).

There have been significant improvements in bathing water quality as a result of work by the Environment Agency and partners, including water companies, local authorities and farmers and land-owners. Significant improvements have been made to discharges from water company sewage treatment works and the sewerage infrastructure. These improvements have been funded through the price review of water companies’ spending, which includes environmental investments.

You can find out more about each bathing water at Bathing water quality on data.gov.uk.

There is growing enthusiasm for wild swimming, which may lead to more rivers being designated as bathing waters and being specifically managed for this purpose.

You can find further information about the process for designating bathing waters at Bathing waters: apply for designation or de-designation.

2.4 Environmental impact assessments

A number of statutory instruments (as listed in this section) require an assessment to be made of the effects of certain development projects, such as large-scale industrial or infrastructure projects, which are likely to have significant effects on the environment. The assessment must be made before the competent authority grants development consent so that it is aware of any likely significant effects of the development on the environment. The aim of the environmental impact assessment is also to ensure that the public are given early and effective opportunities to participate in the decision making procedures.

The project developer must compile the information reasonably required to assess the likely significant effects of the development. The information finally compiled by the applicant is known as an environmental statement. The environmental statement must be publicised. The competent authority must then take into account the environmental statement and any other information which is relevant to the decision when deciding whether or not to give development consent. When considering the available information, the competent authority should identify, describe and assess the impacts on people, plants and animals, soil, water, air, climate and the landscape, the built environment and cultural heritage, including how these factors link together. This enables the competent authority to assess whether a proposed development will have significant impacts on water bodies, and other elements of the environment, whether there are mitigation or avoidance measures that could remove or reduce any significant adverse effects and whether the development may prevent environmental objectives being achieved.

Statutory instruments cover the consenting procedures for various categories of development, including activities such as forestry and quarrying:

• projects in England that require planning permission are governed by the Town and Country Planning (Environmental Impact Assessment) Regulations 2017

• projects that require a marine licence are governed by the Marine Works (Environmental Impact Assessment) Regulations 2007 (as amended)

Environmental Impact Assessment Regulations covering other consenting regimes include:

• Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999

• Harbour Works (Environmental Impact Assessment) Regulations 1999

• Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003 as amended

• Environmental Impact Assessment (Uncultivated Land and Semi-natural Areas) Regulations 2001 (England)

The Environment Agency is a statutory consultee for environmental impact assessments for developments that may affect the water environment. The Environment Agency also acts as a developer for example, for flood risk improvement and waterways projects, and carries out environmental impact assessments for these where needed.

The Environment Agency is a competent authority for certain developments under the Environmental Impact Assessment (Land Drainage Improvement Works) Regulations and The Water Resources (Environmental Impact Assessment) (England and Wales) Regulations.

You can find further guidance on environmental impact assessment as required by the town and country planning regulations.

2.5 Groundwater

Groundwater is protected against pollution and deterioration primarily by the Environmental Permitting (England and Wales) Regulations 2016 (EPR), Water Resources Act 1991 and the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 (referred to as the WFD Regulations). Directions to the Environment Agency are provided by the Water Framework Directive (Standards and Classification) Directions (England and Wales) 2015 and the Groundwater (Water Framework Directive) (England) Direction 2016.

The WFD Regulations set out objectives for groundwater quantity and quality and provides the framework for achieving good status in all groundwater bodies. The above directions and regulations clarify the requirements for assessing groundwater chemical status, identifying and reversing upward trends in pollutants and measures to prevent or limit inputs of pollutants into groundwater. In addition, they control inputs of hazardous substances and non-hazardous pollutants and other activities that might lead to accidental losses.

Any activity that meets the legal definition of a ‘groundwater activity’ requires a permit (unless specifically exempted under the EPR) and carrying on a groundwater activity without a permit is an offence. Permits require conditions to prevent pollution or potentially polluting activities and notices can be served to control or prohibit activities that represent a risk to groundwater.

Enforcement of (agricultural) groundwater activity permits are also a part of cross-compliance inspections.

The legislation to protect groundwater are complemented and enhanced by additional measures including sector specific Groundwater Protection Codes of Practice and ‘The Environment Agency’s approach to groundwater protection’ published on GOV.UK which sets out the policy and positions to how the Environment Agency deals with activities that pose a risk to groundwater.

See further information in the groundwater protection guides.

2.6 Nature conservation

England has nature conservation legislation that all public bodies and others including developers and landowners must comply with. This legislation protects England’s natural habitats and species and covers internationally, nationally and locally significant species and habitats. Compliance with this legislation contributes towards the ambitions set out in the 25 Year Environment Plan and will in many cases help to achieve the environmental objectives of this river basin management plan.

You can find out more about the links between nature conservation legislation, the 25 Year Environment Plan and river basin planning in Biodiversity: challenges for the water environment.

There is direct link between the environmental objectives of river basin management plans and the legislation described here, which are mutually supportive. In most cases compliance with nature conservation legislation will help to achieve the environmental objectives of river basin management plans and the other drivers for those plans. For example, improving water quality will also in many cases contribute to the achievement of the nature conservation objectives. For further information see Biodiversity duty: public authority duty to have regard to conserving biodiversity.

The Marine and Coastal Access Act 2009 committed the UK to an ambitious approach to managing the marine environment that included the introduction of national Marine Protected Areas known as Marine Conservation Zones. Marine Conservation Zones are areas that protect a range of nationally important, rare or threatened habitats and species. River basin management plans apply out to 1 nautical mile offshore, and so help protect coastal and marine habitats, such as Marine Conservation Zones and other Marine Protected Areas. This includes where protective measures are applied from source to sea and from catchment to coast.

A summary of the legislation applying in England is as follows:

Regulations 63 and 65 of the Conservation of Habitats and Species Regulations 2017. See section 2.6.1 in this document for more information.

Environment Act 1995 s6

Places a general duty on the Environment Agency to such an extent they consider desirable to promote the conservation and enhancement of the natural beauty and amenity of inland and coastal waters and the conservation of flora and fauna dependent on an aquatic environment.

Environment Act 1995 s7

The following applies:

• section 7(1)(a) imposes on the Environment Agency a duty to further conservation and enhancement of natural beauty and SSSIs

• section 7(1)(b) applies to pollution control functions. It requires the Environment Agency to:

  • have regard to the desirability of conserving and enhancing natural beauty

  • conserving SSSI features when formulating or considering any proposals

• section 7(1)(c) imposes a duty on the Environment Agency to take account of effect of exercising its functions on flora and fauna, it doesn’t place more emphasis on designated sites, areas of nature conservation are all to be considered

Marine and Coastal Access Act 2009 s125

The following applies:

• places a duty on public bodies to take into account impacts on Marine Conservation Zones (MCZ) and to further the objective of the MCZ

• where it is not possible to further these objectives, functions must be undertaken in the manner which least hinders the achievement of those objectives

• if a public authority considers that any of its functions would or might significantly hinder the achievement of the conservation objectives for an MCZ, it must inform the appropriate statutory conservation body of that fact

Wildlife and Countryside Act 1981, s28G

Places a duty on public bodies in exercising their functions to take reasonable steps to further the conservation and enhancement of the special features of Sites of Special Scientific Interest.

Wildlife and Countryside Act 1981, s28I

Permissions, plans and projects need to be assessed to determine whether they are likely to damage a SSSI, and if they are, to engage in consultation with Natural England.

Wildlife and Countryside Act 1981 s28K

The following applies:

• gives Natural England powers to serve a management notice to ensure that conservation or restoration works are implemented

• empowers Natural England to carry out the works itself and recover the costs from the owner or occupier

• may require a consent for the works

Wildlife and Countryside Act 1981 s14

Prohibits release to the wild of scheduled invasive-non- native species or allowing them to escape into the wild.

Natural Environment and Rural Communities Act 2006 s40

Requires public bodies to ‘have regard, so far as is consistent with the proper exercise of those functions (for example, granting licences), to the purpose of conserving biodiversity’.

Natural Environment and Rural Communities Act 2006 s41

In terms of which habitats and species are considered to be of ‘principal importance’ under this legislation, Section 41 of the act requires the secretary of state in conjunction with the conservation bodies to draw up a list of species and habitats in England which must be considered for the purpose of s40.

2.6.1 Conservation of Habitats and Species Regulations

The Conservation of Habitats and Species Regulations 2017 (as amended) aims to protect biodiversity through the conservation of certain natural habitats and wild plants and animals of pan-European importance. The regulations provide for the designation and protection of Special Areas of Conservation for specific natural habitats and species, and Special Protection Areas for birds. Collectively, these sites are referred to as ‘European sites’. The individual sites, supported by features of the landscape which help connect them with each other and improve their coherence, collectively make up a national site network of European sites. Prior to UK’s exit from the European Union, these sites formed part of the EU’s Natura 2000 network. Measures must be introduced to maintain or restore to ‘favourable conservation status’ the natural habitats and populations of wild plants and animals identified in the regulations. Water-dependent European sites are ‘protected areas’ as defined in the Water Environment (WFD) (England and Wales) Regulations 2017.

By policy convention, terrestrial European sites are also notified as one or more Sites of Special Scientific Interest (SSSIs) under the Wildlife and Countryside Act 1981 (as amended). More information on SSSIs and conservation can be found in section 2.6.

The Convention on Wetlands of International Importance, called the Ramsar Convention, is an intergovernmental treaty that provides the framework for national action and international cooperation for the conservation and wise use of wetlands and their resources. Government policy is to treat Wetlands of International Importance (Ramsar sites) in the same way as European sites.

Competent authorities under the Conservation Habitats and Species Regulations 2017 (as amended) have duties to protect, conserve and restore European sites.

View Duty to protect, conserve and restore European sites for further information.

The duties include a requirement that competent authorities (including the Environment Agency) carry out an assessment under the Habitats Regulations, known as a Habitats Regulations assessment for any plan or project. A competent authority can usually only allow a plan or project if the Habitats Regulations assessment shows it will not adversely affect the integrity of any European site. There are certain exceptions to this, known as a derogation if a plan or project can pass 3 legal tests. View Regulations assessments: protecting a European site for more information.

2.6.2 Nature Recovery Network

The 25 Year Environment Plan promotes the establishment of a Nature Recovery Network: a bigger, better quality and increasingly connected network of places that are richer in wildlife, support the recovery of species, and are more resilient to climate change and other pressures. The Network will include the existing best areas for nature, such as protected sites and national nature reserves, and an additional 500,000 hectares of created or restored wildlife-rich habitat. The Network will provide wider environmental, economic and social benefits, including carbon capture and recreational enjoyment.

As well as helping wildlife to thrive, the Network will provide wider environmental, economic and social benefits, such as carbon capture, pollination, water quality improvements, flood risk mitigation, and wider public enjoyment and understanding.

River basin planning recognises the connectivity between water bodies from catchments to the sea and that actions in one place can have impacts elsewhere in the system. Taking action to restore connectivity across catchments is vital to the achievement of the environmental objectives of the river basin management plans, addressing the climate and biodiversity crisis. Including river and other waters in the Nature Recovery Network will deliver multiple benefits.

Spatial planning is an important mechanism for achieving a joined-up network of natural habitats that starts to restore the functioning of natural systems. The Environment Act 2021 establishes spatial mapping and planning tools to inform nature recovery: Local Nature Recovery Strategies. It also creates duties and incentives to drive change on the ground and sets the framework for at least one legally binding biodiversity target. These measures have been designed to work together to enable delivery of the Nature Recovery Network.

2.6.3 Future measures for biodiversity and water

The Environment Act 2021 makes provision for the setting and reviewing of long term targets for the natural environment. This includes the setting of targets for biodiversity to achieve the ambitions of the 25 Year Environment Plan. Many of the programmes of measures in the river basin management plans will contribute to achieving Environment Act 2021 targets, and similarly, these targets may drive action which helps achieve the environmental objectives of the plans.

The Environment Act 2021 has several measures applying to nature conservation and the expectation on public bodies and others on how they will contribute to nature conservation and recovery. Here is a summary of the main measures in parts 6 and 7 of this document relating to nature conservation and conservation covenants that are expected to help achieve the environmental objectives of the river basin management plans:

• there will be a strengthening of the Natural Environment and Rural Communities Act duty for public authorities. When implementing the river basin management plans, public bodies, will need to take this revised duty into account

• local areas will need a Local Nature Recovery Strategy to map and plan priorities for nature recovery at a local and national level, thus helping to direct action and investment towards the creation of a national Nature Recovery Network

  • when implementing the river basin management plans, public bodies, other organisations and individuals will need to take these Local Nature Recovery Strategies into account

  • the establishment of natural networks will achieve multiple benefits that will in turn help to achieve the environmental objectives of the river basin management plans

• new ‘biodiversity net gain’ measures will mean that new developments, including housing, will help wildlife to thrive by improving habitats and creating green spaces close to where people live; this provides an opportunity for delivering the environmental objectives of the river basin management plans as part of this biodiversity net gain

• conservation covenants will allow landowners to create legally binding agreements to conserve land for future generations; this may help to achieve more certainty on the long term management of nature based solutions

2.6.4 Measures for biodiversity sites

The following planning tools and delivery programmes are used to develop detailed measures for European sites, Ramsar sites and sites of special scientific interest, in order to achieve their conservation objectives.

Remedies on sites of special scientific interest describe the actions needed to address reasons for adverse condition and restore the site to favourable condition. They are agreed by the organisation responsible for their delivery. They provide a recognised plan of action for restoring the site to favourable condition. Major stakeholders in the management of sites of special scientific interest have access to the database and this drives action to address the site condition. Remedies represent the recognised plan of action that forms the basis of the programme of measures for European sites.

Site Improvement Plans provide an overview of the issues affecting features at a European site level and the actions required to address them. They were published in 2015 as part of the Improvement Programme for England’s Natura 2000 Sites (IPENS). They set out the broader actions that may need to be delivered to support the condition of the site.

As part of the Improvement Programme for England’s Natura 2000 Sites (IPENS), Site Improvement Plans and themed action plans have been developed. These enable Natural England, the Environment Agency, and other key partners to plan what, how, where and when to target their efforts on European sites and the areas surrounding them. Site Improvement Plans provide an overview of the issues affecting features at a site level and the actions required to address them. Theme plans are high-level plans that aim to improve management of a range of key issues, for example hydrology and invasive non-native species, on the national network of European sites as a whole. Theme plans provide an over-arching direction, recommendations, or outline approaches that will help achieve the conservation objectives for European sites in England, and complement work already underway on individual sites. Recommended actions and next steps identified in the plans are not necessarily committed or resourced.

Diffuse Water Pollution Plans are tools to help reduce diffuse pollution at protected sites.

Water Level Management Plans are non-statutory site management plans for managing water levels, typically through the use of control structures such as artificial channels, sluices or pumps. They are used in a range of wetland habitats. For European sites and sites of special scientific interest they identify a water level management regime that will help the site achieve its conservation objectives. They are the responsibility of flood risk management authorities acting in consultation with Natural England.

River Restoration Programme is a joint programme between the Environment Agency and Natural England which delivers major river restoration schemes on European Sites.

Lake Restoration Programme is a joint programme between the Environment Agency and Natural England which delivers lake restoration schemes on European Sites.

The Habitat Compensation Programme includes strategic programmes, led by the Environment Agency in close co-operation with Natural England and a range of organisations interested in being part of their delivery. They operate in discrete geographical areas and plan for creation of compensatory habitat to address projected losses of habitat in European sites associated with management of coastal and flood defences.

2.7 Catchment based approach

Responsibility for improving the water and wider environment cannot rest exclusively with government. As river basin planning legislation encourages, all of society has an impact upon and so, needs to contribute to, river basin management plans. In line with the legislation, an approach to engaging with local communities and jointly planning action on an ongoing basis has been established.

The Catchment Based Approach (CaBA) policy framework was established by Defra in 2013 to drive integrated catchment management across England. CaBA has established independently community led partnerships in each of the 106 management catchments across England. They engage local communities and encourage wider participation in identifying the local pressures, agreeing priorities and planning ongoing actions to tackle their priority issues. CaBA catchment partnerships are supported by a national network of Environment Agency catchment coordinators. An independent CaBA National Support Group (NSG) and website has been established to assist innovation and further evolution of the approach.

Evidence shows that strong partnership working yields benefits to deliver ambitions for the water environment and meet the environmental objectives of the river basin management plans. CaBA has a proven track record of delivering and securing outcomes. For every £1 of government investment, the partnerships raise over £3 from non-government sources for local project delivery. The strengths of CaBA catchment partnerships are their convening power. They are an access point for active involvement by public, private and civil society stakeholders. They enable cross sector collaboration to leverage additional resources and mobilise more investment. Over 2,500 organisations are involved nationally in CaBA from public, private and civil society sectors; engaging with over 20,000 stakeholders; delivering nearly 1,000 projects a year to improve catchment resilience.

2.8 Shellfish water protected areas

Coastal and estuarine waters where shellfish and shellfish larvae grow are protected in order to support shellfish life and growth and to contribute to the high quality of shellfish for people to eat. Shellfish water protected areas are designated by government where it is necessary or desirable in order to protect or develop economically significant shellfish production.

The environmental requirements for shellfish water protected areas in England are expressed through the Water Environment (Water Framework Directive) Regulations 2017 and the Shellfish Water Protected Area Directions 2016. The regulations and directions place an obligation on the Environment Agency to ensure that designated waters meet the requirements of shellfish protected areas. This will be achieved by endeavouring to observe the microbial shellfish flesh standard.

Designations were reviewed in 2014/15. Government published the current list of 96 designated shellfish water protected areas in March 2016. Designations are currently being reviewed again by government, as required by regulation 9 of the WFD Regulations.

Shellfish water pollution reduction plans were prepared in 2009. These were updated into shellfish water action plans in 2015. These are being reviewed and updated for current update to the river basin management plans. They summarise the Environment Agency’s understanding of each of the 96 shellfish waters in England and detail the actions needed to maintain or improve water quality in shellfish protected areas. You can request a copy of the action plan for a specific shellfish water by contacting the Environment Agency, email enquiries@environment-agency.gov.uk.

2.9 Strategic Environmental Assessments

The Environmental Assessment of Plans and Programmes Regulations 2004 requires a formal environmental assessment of plans and programmes which are likely to have significant effects on the environment. Authorities which prepare and/or take on such a plan or programme must assess the environmental effects and prepare a report, consult environmental authorities and the public, and take the report and the results of the consultation into account during the preparation of the final plan or programme before it is adopted. They must also make information available on the plan or programme as implemented, how the environmental assessment and consultation responses have been taken into account and how the environmental effects are to be monitored.

You can find further information in A Practical Guide to the Strategic Environmental Assessment Directive.

3. Efficient and sustainable use of water

Under the WFD Regulations there is a requirement for measures to promote use of water efficiently and in a way that can sustain future supplies. Mechanisms for the efficient and sustainable use of water include the following.

Water Resources Act 1991 Part II sets out controls for abstraction and drought management.

Water Industry Act 1991 Part IIIA establishes general duties for protecting, managing the quality and sufficiency of supplies and promoting efficient use of water.

Water Act 2003 s 81-83 establishes a duty for the Secretary of State to encourage water conservation and for public authorities (including local authorities and statutory undertakers) to take into account, where relevant, the desirability of conserving water supplied or to be supplied to premises; includes:

• promoting water efficiency through exercise of their land use planning functions

• production of development plans

• control of development

Town and Country Planning Act 1990, Planning and Compulsory Purchase Act 2004 (as amended); set the legal framework for:

• deciding planning applications

• developing local plans

The Planning Act 2008 defines “nationally significant infrastructure projects”; which must be authorised by means of a Development Consent Order (DCO):

• processed and examined by the Planning Inspectorate

• DCO made by the relevant Secretary of State

National Planning Policy Framework (NPPF) 2019; Planning Practice Guidance (PPG), 2019 and National Policy Statements:

• NPPF sets out the government’s planning policies for England, and how these are expected to be applied

• presumption in favour of sustainable development

• NPPF considerations include:

  • contributing to protecting and enhancing the natural, built and historic environment

  • helping to improve biodiversity and use natural resources prudently

  • minimising waste and pollution; mitigating and adapting to climate change including moving to a low carbon economy

  • provides planning policy to protect against water pollution

• National Policy Statements provide policy on water resources and water quality for developments considered nationally significant infrastructure

Environment Act 1995 s 6(2) places a duty on the Environment Agency to conserve, redistribute or augment water resources and to secure their proper use including their efficient use.

Environment Act 2021 sets out proposals for more integrated planning (Water Resources Management Plans and Drainage and Waste Water Management Plans).

Development plans and planning decisions can help to achieve the environmental objectives of the river basin management through the approaches outlined as follows.

Development Plans must be prepared with the objective of contributing to the achievement of sustainable development, as required by s39 of the Planning and Compulsory Purchase Act 2004, (as amended).

The NPPF must be taken into account in the preparation of local and neighbourhood plans and is a material consideration in planning decisions. The framework states that planning policies and decisions must reflect relevant international obligations and statutory requirements. The framework sets out that the purpose of the planning system is to contribute to the achievement of sustainable development and the policies in the framework read as a whole constitutes what sustainable development in England means in practice for the planning system. It also sets out a presumption in favour of sustainable development for both planning making and decision taking. For decision making, this means that approving development proposals that accord with the development plan without delay. Where the development plan is absent, silent or out of date, granting permission unless adverse impacts of the development significantly and demonstrably outweigh its benefits or specific policies in the NPPF indicate the development should be restricted. In terms of water policy, it states the planning system should contribute to and enhance the natural and local environment by preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels water pollution.

The framework also states that local planning authorities should adopt proactive strategies to mitigate and adapt to climate change, taking full account of water supply and demand considerations. Local planning authorities are expected to include strategic policies in their local plans for the provision of infrastructure, including for water supply and wastewater.

The government’s Planning Practice Guidance supporting the framework refers to the multiple benefits provided by a healthy water environment and states adequate water and wastewater infrastructure is necessary to support sustainable development. It highlights that local planning authorities should have regard to river basin management plans in exercising their functions; and advocates a catchment based approach to managing water resources through the planning system. It also sets out the water supply considerations in applications for planning permission.

National Policy Statements are being produced for the following types of infrastructure, with the majority now published. These include the following.

Energy National Policy Statements:

• overarching energy

• renewable energy

• fossil fuels

• oil and gas supply and storage

• electricity networks

• nuclear power

Transport National Policy Statements:

• ports

• road and rail networks

• aviation (not yet published)

Water, waste water and waste National Policy Statements:

• water supply (not yet published)

• hazardous waste

• waste water treatment

Each provides policy on water resources and water quality for nationally significant infrastructure projects. There are also specific National Policy Statements about water supply (not yet published) and waste water treatment.

All new homes have to meet the mandatory national water efficiency standard set out in the Building Regulations (of 125 litres per person per day). Where there is a clear local need, local planning authorities can set out, in Local Plans, policies requiring new dwellings to meet the tighter Building Regulations optional requirement of 110 litres per person per day. Where there is an existing plan policy which references the former Code for Sustainable Homes, authorities may continue to apply a requirement for a water efficiency standard equivalent to the nearest new national technical standard until the plan comes up for review. For local plans adopted after 1 October 2015, the optional new standard should only be required through a Local Plan policy if it addresses a clearly evidenced need, and where the impact on viability has been considered. The Environment Agency, who is consulted on all local plans, will advise local planning authorities on a case by case basis.

Local economic growth planning is led by local enterprise partnerships and combined authorities. They are tasked by government to prepare local industrial strategies. The strategies set out the priorities for growth and identify where growth funding can be best used to support those priorities. Domestic growth funds have included the Single Local Growth Fund and European Growth Funds. The criteria for allocation of these funds have included environmental protection and sustainable development, providing an opportunity for water infrastructure that supports efficient and sustainable use of water. This has led to significant investment over recent years on climate adaptation, environmental protection and resource efficiency, covering matters like green and blue infrastructure and sustainable drainage to improve water quality.

Leaving the EU has required a new approach to local growth funding. Government has published Build Back Better: our plan for growth and supported this with new growth funds including the £4bn Levelling Up Fund and plans for a £1.5bn per year UK Shared Prosperity Fund. Environmental improvement is within scope for these funds, but there is no ring fencing of funding for the environment within them.

Government is expected to build on devolution deals with the major cities and offer new arrangements for devolution in a Levelling-Up White Paper to be published in autumn 2021. It is not yet known how this will affect environmental management, but new arrangements for local delivery and governance could provide new opportunities for better local water management.

4. Protection of waters used for abstracting drinking water

The mechanisms protecting the quality or quantity of water also protect surface and ground-water bodies from which raw water for drinking water supplies is abstracted. These mechanisms include statutory protected areas and their related requirements under the WFD Regulations. The Environment Agency’s approach to groundwater protection sets out the policy and positions to how the Environment Agency deals with activities that pose a risk to groundwater.

Legislative mechanisms for protecting waters abstracted for raw water for drinking water supplies are as follows.

Water Resources Act 1991 s93 provides the legislation for establishing statutory Water Protection Zones.

Water Industry Act 1991 Part III deals with water supply, sets out general duties for protecting and managing quality and sufficiency of supplies.

Water Supply (Water Quality) Regulations 2016 as amended establishes a risk-based approach to assessment and monitoring of water intended for public supply, requiring water supply operators to consider issues in the environment.

Private Water Supplies (England)Regulations 2016a sets objectives and minimum standards for drinking water from private supplies, and introduces:

• powers for local authorities

• risk-based assessment element for protection of larger private supplies

Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 requires:

• water bodies used for the abstraction of water intended for human consumption to be identified as statutory Drinking Water Protected Areas

• measures put in place aiming to avoid deterioration in quality to reduce the level of purification treatment required to produce drinking water

• objectives to protect, enhance and restore groundwater bodies and reverse any sustained upward trends to be set out

Environmental Permitting (England and Wales) Regulations 2016 provides regulation to control water discharge and groundwater activities including permitting which protects surface waters and groundwater from pollution.

4.1 Drinking Water Regulations

The Water Supply (Water Quality) Regulations 2016, as amended in 2018, and the Private Water Supplies (England) Regulations 2016, as amended in 2018 protect the health of consumers and make sure that the water is wholesome and safe to drink. Standards are established for the quality of water intended for drinking or for use in food and drink manufacture to protect human health. Drinking water quality is monitored mainly at the tap inside private and public premises and must comply with microbiological and chemical water quality standards. The requirements protect the environment, as sources of raw water abstracted for supply must be as clean as possible to allow inexpensive water treatment.

The Regulations are supported by other mechanisms that control pollution from point and diffuse sources (see sections 6 and 7).

The European Union recast Drinking Water Directive was published in the Official Journal of the European Union on 23 December 2020 and came into force on 12 January 2020. As the transition period expired before the transposition deadline, there is freedom to do things differently. Ministers may choose to amend UK legislation to achieve similar outcomes. The UK Government is keen to ensure drinking water possible is as clean as possible and has been clear that none of the UK’s world-leading environmental standards will be weakened and, where possible, will enhance them.

The Drinking Water Inspectorate is the competent authority for the regulation of drinking water quality.

You can find further information on drinking water legislation.

4.2 Drinking Water Protected Areas

Drinking Water Protected Areas are water bodies used now, or may be used in future, for abstracting water for drinking, cooking, preparing food, or in food production businesses. A statutory Drinking Water Protected Area is identified if the water body provides more than 10m³ a day on average or serves more than 50 people. The Environment Agency undertakes risk assessments to identify Drinking Water Protected Areas at risk of deterioration and then uses a risk-based approach for their protection with:

• a general level of protection for all drinking water sources including use of environmental permits to control and prevent pollution of water supplies

• existing mechanisms for dealing with diffuse and point sources of pollution contribute to protecting the water quality in Drinking Water Protected Areas (see sections 6 and 7), however these mechanisms are not always sufficient to provide the protection needed, particularly from diffuse sources of pollution; Safeguard Zones are established where deterioration risk is identified to focus pollution prevention measures so Drinking Water Protected Area objectives can be met

Other approaches

Water companies investigate and undertake catchment schemes reducing diffuse pollution to protect and improve their public supply sources, funded through the Price Review process. Catchment schemes can also help to reduce downstream flooding and enhance biodiversity.

5. Abstraction and impoundment of water

Under the Water Resources Act 1991 most abstractions or impoundment of water require a licence although certain exemptions apply. This applies to inland waters, including: rivers, lakes, canals, reservoirs, groundwater, tidal rivers, docks, bays, creeks, and arms of sea.

The mechanisms to control abstraction and impoundment of water are as follows.

Water Resources Act 1991 Abstraction and impoundment licensing system Chapter II of Part II (as amended by Water Act 2003 and the Water Act 2014):

• The Water Resources Act 1991 makes it a requirement to hold an abstraction licence:

  • licence conditions manage impacts on the environment, for example, flows and resources

  • all new licences are subject to a time limit and upon renewal are reviewed and amended where necessary

Modification of licences under s51; licence holders may apply to vary or revoke their licence voluntarily.

Modification of licences under s52 and s53; the Environment Agency may vary or revoke an abstraction licence as directed by the Secretary of State.

Section 27 Water Act 2003; withdraws compensation for licence changes (for non- time limited licences) under s52 and s53 necessary to protect the environment from serious damage.

Section 61(4) Water Resources Act 1991; withdraws compensation for licence changes under s52 and s53 where the licence has not been used for the previous 4 years.

Section 58 Water Act 2014 removed Water Companies’ right to compensation for licence changes under s52 and s53.

Agreements under s20, 20A and s158 Water Resources Act 1991; allows operational arrangements with water companies and other abstractors to reduce the impact of abstractions, for example river support schemes.

Drought orders and drought permits under Chapter III of Part II Water Resources Act 1991; they allow the amendment of controls on authorisations for abstraction and impoundments during droughts.

Restrictions under s57 Water Resources Act 1991 allow the Environment Agency to temporarily restrict abstraction for spray irrigation following an exceptional shortage of rain or emergency.

Regulations 63 to 65 of the Conservation of Habitats and Species Regulations 2017 (as amended) (see section 2.6.1) and the Water Resources Act 1991 for assessment of effects on European sites.

Wildlife and Countryside Act 1981; s28I; new abstraction and impoundment licence applications need to be assessed to determine whether they are likely to damage a SSSI, and if they are Natural England must be notified.

Natural Environment and Rural Communities Act 2006 (NERC) s40; requires public bodies to ‘have regard, so far as is consistent with the proper exercise of those functions (for example, granting licences), to the purpose of conserving biodiversity’; the Environment Act 2021 provisions for:

• amendments to the NERC Act

• strengthening this duty to require public authorities to take action to enhance and conserve biodiversity

• introduces a reporting duty

Salmon and Freshwater Fisheries Act 1975:

• s9 and s14 Requires persons responsible for dams to (at their cost) provide and maintain fish passes and screens (that function to the Environment Agency’s satisfaction) in any waters frequented by salmon or migratory trout

• under s11(1) ‘any approval given by the Environment Agency to or in relation to a fish pass may, if in giving it the Agency indicates that fact, be provisional until the Environment Agency notifies the applicant for approval that the pass is functioning to its satisfaction’

The Eels (England and Wales) Regulations 2009 (which partially implement ‘Council Regulation (EC) No 1100/2007 of 18 September 2007 establishing measures for the recovery of the stock of European eel’, ‘European Council Regulation on Eels’, or ‘Eels Regulations’):

• require that ‘a responsible person must immediately notify the Environment Agency of any obstruction occurring since the coming into force of these regulations’

• give powers to the Environment Agency to serve notices requiring eel passes on structures and obstructions

• require the provision of screens on all intakes capable of abstracting at least 20 cubic metres per day, and outfalls, unless exempted by notice by the Environment Agency

Environment Act 2021:

• sets out changes to abstraction licensing that will allow the EA to pay no compensation for certain license modifications

• these changes will not come into effect until 2028

Time limits have been applied to licences for many years as a way of managing environmental uncertainty. The Water Resources Act 1991, amended by the Water Act 2003 introduced a mandatory requirement for time limits on all new licences. Before then, most licences were granted with no time limit, and some licences in the past may have had an unacceptable effect on the environment. Although the Environment Agency has powers to amend or revoke these licences under the Water Resources Act 1991, compensation may be claimed by the licence holder. (This is not applicable to water companies since the Water Act 2014 or in cases where serious damage has occurred or is at risk of occurring).

The Environment Agency can re-assess the environmental sustainability of a time limited licence when the licence expires and the holder applies for a replacement licence. Where a time limited licence is not sustainable, a new licence will be granted on more restrictive terms or worst case scenario, not at all.

There are currently a number of exemptions from the need for an abstraction or impoundment licence. Some of the exemptions relating to abstraction will be removed when the remaining provisions of the Water Act 2003 are implemented by government. For example the exemption will be removed for trickle irrigation, quarry dewatering, transfers of water for navigation and the previously exempt areas.

Government is committed to the reform of the current abstraction licensing system in England and is finalising its policy approach for reforms to be implemented by the early 2020s.

View the Abstraction licensing strategies (CAMS process) for further information.

Other plans and programmes

The Environment Agency continues to produce Abstraction Licensing Strategies to help ensure a consistent approach to managing water resources and balancing the needs of water users and the environment. They also help inform the public on water resources and the Environment Agency’s approach to licensing new abstraction in a particular area. Abstraction Licensing Strategies are set in accordance with WFD Regulations objectives.

The Water Abstraction Plan (2017) sets out how water abstraction management is being reformed over the coming years. It states how this will protect the environment and improve access to water. The plan has 3 main parts:

• making full use of existing regulatory powers and approaches to address unsustainable abstraction

• developing a stronger catchment focus – bringing together the Environment Agency, abstractors and catchment groups to develop local solutions to existing pressures and to prepare for the future; these local solutions will:

  • protect the environment by changing licences to better reflect water availability in catchments and reduce the impact of abstraction

  • improve access to water by introducing more flexible conditions that support water storage, water trading and efficient use

• supporting these reforms by modernising the abstraction service, making sure all significant abstraction is regulated and bringing regulations in line with other environmental permitting regimes

The Environment Agency publishes Abstraction Licensing Strategies, to help ensure a consistent approach to managing water resources and balancing the needs of water users and the environment. They help inform the public on water resources and the Environment Agency’s approach to licensing new abstraction in a particular area. Specifically:

• they provide a consistent and structured approach to local water resource management giving information on water resource availability (where and when) based on environmental needs

• by 2027 will share information and approaches to ensure a stronger catchment focus is adopted in all catchments

Under the Water Industry Act 1991, water companies are required to prepare Water Resources Management Plans to show how they will manage and develop water resources to supply their customers. Water Resources Management Plans show how companies will balance water demand and supply over a 25 year period. Water Resources Management Plans should ensure an efficient, sustainable use of water resources. They should focus on delivering efficiently the outcomes that customers want, while reflecting the value that society places on the environment.

The Environment Agency sets out the environmental improvements that water companies must make in the Water Industry National Environment Programme (WINEP) every 5 years. Successive water company improvement programmes since privatisation of the industry have resulted in substantial benefits to the water environment. Water companies may need to make changes to their operations to deliver the WINEP, including those needed to meet WFD Regulations objectives such as preventing deterioration in status and to deliver actions needed to meet or move towards good status or potential. This does not replace water companies’ obligations to meet their legal responsibilities with regards to all existing permits.

The Environment Agency has overall responsibility for safeguarding the environment during drought including overseeing the actions water companies take to secure public water supplies. Plans for each of the Environment Agency’s 16 operational areas set out the actions that will be taken at different stages throughout a drought and give details on the arrangements for reporting and communications. Water companies are also required to produce Drought Plans under the Water Industry Act 1991. These set out the measures that would be taken to minimise environmental impacts and maximise available supplies during a drought.

The National Framework for Water Resources explores the long-term needs of sectors that depend on a secure supply of water including the water needs of the environment. It sets the strategic direction for long term regional water resources planning. The framework looks to ease the pressure on future water supplies by reducing demand, halving leakage rates, developing new supplies, moving water to where it’s needed and reducing the need for drought measures that can harm the environment.

Five regional groups across the country will work up plans tailored to the specific needs of their individual area, bringing together the 17 English water companies, industry regulators, government and other water users. The framework will guide these groups and deliver a national blueprint for future water resources planning from 2025 to 2050 and beyond.

These regional plans, due by September 2023, will inform water company Water Resources Management Plans and will plan to achieve a level of drought resilience so that emergency drought order restrictions, such as providing water only at certain times of the day (rota cuts) or through temporary taps (standpipes) in the streets, are expected to be implemented no more often than once in 500 years on average.

View further information on drought planning.

5.1 Protecting waters

A variety of mechanisms can be used to protect water resources that are used for abstraction. The Environment Agency’s Groundwater Protection: Principles and Practice provides guidance on activities involving abstraction of groundwater such as:

• working with developers and local government through the planning system to ensure groundwater and the aquifer are protected

• ensuring acceptable hydrogeological risk assessment are completed for schemes hazardous to groundwater resources

• using voluntary agreements or more formal Water Resources Management Arrangements to control abstraction

• using economic incentives such as water pricing to influence how and when water is used

• initiation of demand management and water-saving campaigns to manage and reduce demand effectively

• action to improve river habitat and morphology to complement and enhance actions to maintain or improve river flows and water levels

6. Point source discharges

This section provides a summary of mechanisms for controlling discharges from identifiable point sources by limiting or preventing pollutants entering the water (surface and groundwater) through prior authorisations, general binding rules and emission controls.

Mechanisms to control point and diffuse source discharges are as follows.

Water Resources Act 1991 Works Notices under s161A; any activity polluting or likely to pollute controlled waters can be served a ‘works notice’ to prevent the activity or require certain improvements or remediate the effects of polluting activity.

Water Protection Zones under s93; can be used to implement specific point source controls within a formally designated zone.

Environmental Permitting (England and Wales) Regulations 2016; it is an offence to cause or knowingly permit a water discharge activity or groundwater activity without an environmental permit, unless that activity is specifically exempted under the regulations:

• permits for point source discharges prevent pollution

• require a permit with conditions for point source discharges to surface water and to ground and groundwater

• require a permit for discharges that might lead to inputs of polluting substances to groundwater, including small sewage discharges in Source Protection Zone 1s

• allows notices to prohibit any activity that might lead to an input of a pollutant to groundwater

• requires a permit with conditions to control deliberate emissions and minimise accidental losses from major installations; conditions prevent, minimise or render emissions harmless using the best available technologies as directed in guidance notes

• requires a permit with conditions to control waste management operations

Salmon and Freshwater Fisheries Act 1975; allows for enforcement action against polluters who harm or injure fish, spawning grounds or fish food.

Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) Regulations 2010; specifies the design, siting, construction and maintenance of Silage, Slurry and Agricultural Fuel Oil stores.

Control of Pollution (Oil Storage) (England) Regulations 2001; sets minimum design standards for new and existing above ground oil storage facilities.

Water Industry Act 1991 s166; requires consent or a permit for operational (construction or maintenance) discharges by water undertakers relating to water treatment.

Town and Country Planning Act 1990, Planning and Compulsory Purchase Act 2004 (as amended); Planning Act 2008 (as amended); Planning guidance provided in National Planning Policy Framework (NPPF), 2019 and supporting Planning Practice Guidance (PPG), 2019; National Policy Statements:

• planning policy contributes to the protection and improvement of the environment, principally through the consideration of appropriate uses of land

Environmental Protection Act 1990, Part 2A; controls point source discharges from historic contaminated land sites (local authorities lead, with Environment Agency regulating ‘special sites’).

Environmental Damage (Prevention and Remediation) (England) Regulations 2015; require operators to carry out measures to prevent imminent or actual damage to the environment

6.1 The Urban Waste Water Treatment Regulations

The Urban Waste Water Treatment Regulations 1994 (as amended) regulate the collection and treatment of waste water from homes and industry. They protect the environment from the negative effects of urban waste water and discharges from certain industrial sectors, such as food and drink processing plants (some of which produce waste that has a similar polluting effect to untreated sewage). Sewerage systems must be provided, to collect sewage and convey it to treatment works whilst limiting pollution from storm overflows. The regulations lay down minimum levels of treatment for urban waste water and emission limits for effluent discharges. These depend on the population served and the type and sensitivity of the receiving waters. Most waste water must have at least secondary treatment (biological treatment). Sensitive receiving waters are identified where sewage requires more stringent, tertiary treatment before discharge into them. One type of sensitive area is for eutrophic waters where nutrients (nitrate or phosphate) stimulate excess growth of algae and other plants damaging the water environment and its uses. Another type of sensitive area is where water is intended for abstraction for use as drinking water but nitrate levels are high. In these areas larger sewage discharges must be treated to reduce their load of nutrients. The regulations also ban the disposal of sewage sludge at sea.

Powers to permit discharges, with conditions to protect the receiving waters, are available under the Environmental Permitting (England and Wales) Regulations 2016 (see section 6.2.1).

Sewerage undertakers are required to develop a programme for improving discharges every five years. This programme, which is approved by Ofwat, the Environment Agency, Drinking Water Inspectorate and Defra, provides the mechanism for funding and implementing the changes necessary to implement the Urban Waste Water Treatment Regulations.

There are financial incentives for sewerage undertakers to comply with permit conditions established under the Ofwat operator performance assessment scheme, which links overall service provision to the price that customers pay.

View Reducing and controlling pollution in wastewater discharges sludge and septic tanks for further information.

6.2 Other plans and programmes

6.2.1 Water industry planning

Discharges from the water industry can be improved by modifying environmental permits. The environmental requirements for the WFD and other directives and regulations are planned through the development of the Water Industry National Environment Programme (WINEP). Water companies should embed the measures within the WINEP into their business plans. These are then submitted to Ofwat through the five yearly Price Review process. Ofwat will confirm the level of investment that water companies require to meet these environmental needs.

The WINEP for Price Review 2019 has also been used as a mechanism to plan measures to investigate discharges from sewage treatment works. The WINEP also achieves a range of other outcomes, including improvements for water resources, eel passage solutions and protected area objectives.

Water company business plans will use information from local plans, where available, to help anticipate future demand for waste water treatment and investment that may be required. Where it is justified, Development Plan policies can link the rate of planned development to the available capacity of wastewater treatment infrastructure and require planning authorities to investigate further through, for example, water cycle strategies.

The PR19 Water company price review included a commitment to research the input, transport and fate of microplastics through waste water treatment processes, and those used in the treatment process. The findings will be used to inform next steps.

A water industry Strategic Steering Group (SSG) Micro-plastics Sub-Group drives collaboration across water industry to reduce micro-plastics from wastewater and explore upstream interventions. The Environment Agency are working with the SSG to develop policy options for inclusion of measures to reduce plastics in PR24.

The principle behind the Environment Agency’s regulatory approach is that emissions of plastics biobeads or other plastic media used in treatment should be limited far as reasonably practicable through containment and good management, secured through management conditions in EPR permits.

The Environment Agency strategy for the Safe and Sustainable Use of Sludge (published 17 March 2020) sets out the intention to bring sludge into Environmental Permitting Regulations (EPR). A Statutory Instrument is proposed for April 2022 with an implementation date to move sludge to EPR in April 2023. The aim is to establish regulatory control to reduce micro-plastics entering soil and water.

6.2.2 Spatial planning

The spatial planning system defined by the Town and Country Planning Act 1990, Compulsory Purchase Act 2004 (as amended) sets the framework for controlling development. The planning system makes a major contribution to protecting and improving the environment, the quality of life, and local and global ecosystems.

The NPPF states the planning system should protect the environment by preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of water pollution. Development should, wherever possible, help to improve local environmental conditions such as water quality, taking into account relevant information such as river basin management plans. It also states that planning authorities should include strategic policies which set out an overall strategy for the pattern, scale and quality of development, and make sufficient provision for infrastructure for water supply, wastewater, flood risk and coastal change management, green infrastructure, and planning measures to address climate change mitigation and adaptation.

The Planning Practice Guidance states adequate water and waste water infrastructure is needed to support sustainable development, highlights that local councils in exercising their functions should have regard to river basin management plans and advocates a catchment-based approach to managing water resources through the planning system.

Other approaches

Defra have produced these groundwater protection codes of practice:

• Sheep dip groundwater protection code

• Prevent groundwater pollution from underground fuel storage tanks

• Prevent groundwater pollution from solvents

The codes of practice support the Environmental Permitting (England and Wales) Regulations 2016, and deal with design, construction, operation, management and decommissioning of the relevant facilities.

Highways England has established a register of soakaways and priority outfalls across the strategic road network in England and ranked these in accordance with the risk they may pose to underlying groundwater. This will help direct pollution prevention work.

The Environmental Permitting (England and Wales) Regulations 2016 include permits, standard rules and registered exemptions.

The Water and Abandoned Metal Mines Programme, a partnership between the Environment Agency, Defra and The Coal Authority, was set up in 2011 to tackle the pollution from historic mines. Abandoned metal mines contribute up to half of the metals (for example, cadmium, lead, zinc and copper) found in UK rivers, streams and lakes – as much as all permitted discharges from industry combined. These metals are one of the most widespread causes of chemical pollution in rivers, and can come from both point and diffuse sources.

The Coal Authority also manage the Coal Minewater Treatment Programme which is funded by the Department of Business Energy and Industrial Strategy (BEIS). They now operate 44 treatment schemes across England to either prevent new pollution breakouts or remediate existing discharges on a priority basis. Pollution from coal mines is more visible and localised than metal mines as the iron rich water causes rivers to turn orange.

7. Diffuse source pollution

Diffuse pollution represents a myriad of smaller, scattered, episodic sources that together have a significant effect. Examples of diffuse pollution include:

• the cumulative effect of many individual activities, such as run-off from transport in urban environments or the poor management practice of soils and nutrients in the rural environment. Although individually they can be small and hard to detect, at a catchment scale they can have a significant impact on groundwater and surface water quality

• the dispersal of pollutants over a larger area, for example, the leaching of nutrients through soil and underground drainage or run-off from land during rainfall events which erodes soil causing sediment, nutrients and pesticides to pollute surface waters or groundwater

There will be continued focus on taking an integrated approach to effectively tackling diffuse pollution using a mix of advice, incentives, industry led initiatives and regulation. This will include the ongoing development of catchment partnerships and the use of new and innovative techniques such as drone survey’s and remote sensing using satellite imagery to inform integrated actions.

You can find further information on the catchment based approach website.

7.1 Agricultural pollution

Agricultural diffuse pollution has a large and often cumulative impact on the water environment. Mechanisms for managing agricultural diffuse pollution are as follows.

Water Resources Act 1991, Anti-Pollution Works Notices, s161A, Water Protection Zones s93:

• requires a person to carry out works and operations to prevent or deal with the consequences of any poisonous, noxious or polluting matter or any solid waste entering controlled waters

• restricts or prohibits activities in order to protect the water environment from entry of poisonous, noxious or polluting matter

Environmental Permitting (England and Wales) Regulations 2016:

• allows enforcement action for various offences where surface water and/or groundwater are polluted

• requires permits for disposals/discharges that might lead to pollutants entering groundwater, including small sewage discharges in sensitive areas

• requires permits for spreading waste on agricultural land to improve or maintain the physical, chemical and biological properties of the soil to grow crops

• allows notices prohibiting any activity that might lead to an input of pollutants into groundwater

• requires permits for pig and poultry farms exceeding a certain size, with conditions to protect the environment

• make sure that agricultural waste is recovered or disposed of without putting people’s health at risk and without using processes or methods that could harm the environment

Nitrate Pollution Prevention Regulations 2015 on farms within Nitrate Vulnerable Zones require farmers to follow an action programme that reduces the risk of nitrate entering water.

Plant Protection Products Regulations 2011 underpin EC regulation (EC) No 1107/2009 of the European Parliament and of the Council.

Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) Regulations 2010 (‘SSAFO’); sets standards for all farms storing silage, livestock slurries and agricultural fuel oil, to minimise the risk of water pollution.

Environmental Damage (Prevention and Remediation) (England) Regulations 2015 (as amended); requires operators to carry out measures to prevent imminent or actual damage to the environment and remediate.

Wildlife and Countryside Act 1981 (as amended) allows consent to be refused for activities that may damage Sites of Specific Scientific Interest and action against third party damage to Sites of Specific Scientific Interest.

Salmon and Freshwater Fisheries Act 1975 allows for enforcement action against polluters who harm or injure fish, spawning grounds or fish food.

The Sludge (Use in Agriculture) Regulations 1989 makes sure that recycling sludge to agricultural land is carried out in a way that protects human and animal health and the environment.

Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations 2018, known as the Farming Rules for Water (FRfW). These regulations are applicable to all land managers in England and:

• cover nutrient management and soil protection

• create a clear baseline for both land managers and the regulator from which to work

• require land management activities to be undertaken in a way to avoid pollution

Sustainable Use of Pesticides Directive (2009/128/EC) is a legislative framework which:

• contributes to reducing the impact of plant protection products on human health and the environment

• aims to achieve a more sustainable use of plant protection products

• promotes a significant overall reduction in risks and hazards of using plant protection products consistent with necessary crop protection

7.1.1 Nitrates

Nitrate Pollution Prevention Regulations 2015 are designed to reduce water pollution caused by nitrates from agriculture sources and prevent further such pollution occurring. It requires nitrate vulnerable zones (NVZs) to be designated as areas of land which drain to waters that contain, or are likely to contain 50 mg/l or more of nitrate, or waters which are, or could become, eutrophic, if no action is taken.

Within these zones farmers are required to follow mandatory rules known as the ‘action programme’ to reduce the risk of nitrate pollution. The rules cover a requirement for farmers to plan their nitrate use, the storage of manure, place restrictions on the timing and rate of spreading of organic manure and manufactured fertiliser and specify certain spreading controls. A code of good agricultural practice for voluntary implementation on all farms is also required.

The effectiveness of the action programme and the designations must be reviewed and any necessary revisions made at least every 4 years.

The Environment Agency is the enforcing authority for these regulations.

To date, discrete NVZs have been designated in England covering approximately 55% of land. You can find further information at nutrient management nitrate vulnerable zones.

7.1.2 Other plans and programmes

The Common Agricultural Policy (CAP) has helped to deliver improvements to water quality through 2 mechanisms, cross compliance and the rural development programme. The CAP will transition over a 7 year period and move towards schemes that reward the delivery of environmental benefits. In 2022, the Sustainable Farming Incentive was rolled out to recipients of the Basic Payment Scheme (BPS).

Cross compliance and the BPS ended in England after the 2023 scheme year.  However, most of the standards in cross compliance continue to apply to your farm activities as they remain in other English laws. Cross compliance and the BPS still apply in Scotland.

Delinked payments will replace the BPS in England in 2024. For more information see Delinked payments: replacing the Basic Payment Scheme.

7.1.3 Environment Land Management

The government is developing Environmental Land Management (ELM) as the main way that public money will be provided to land managers for delivering public goods. ‘Public goods’ may include outcomes like habitat protection and creation, species recovery, natural flood management, water quality, carbon capture, air quality, and animal health and welfare.

ELM is part of a wider Future Farming and Countryside Programme within Defra which is looking across all elements of regulation, incentive and advice and guidance. It is promised as a key mechanism for achieving the outcomes of the government’s 25 Year Environment Plan in relation to: Clean and plentiful water; Clean air; Thriving plants and wildlife; Reduction in and protection from environmental hazards; Adaptation to and mitigation of climate change and Beauty, heritage and engagement with the environment.

There will be 3 levels of support aimed at paying for sustainable farming practices, creating and restoring habitats to support nature’s recovery and making landscape-scale change such as establishing new woodland and other ecosystem services. Some options will be universally open to all farmers and land managers, while others will be more targeted at a smaller number of large projects.

ELM is being introduced through pilots and tests from 2021 to 2024. There will be early roll out of some core elements of all components, particularly the Sustainable Farming Incentive, from 2022; with all 3 components fully available from 2024.

7.1.4 Cross compliance

Cross compliance ended in England after the 2023 scheme year. Cross compliance and the Basic Payment Scheme still apply in Scotland.

The BPS will be replaced by Delinked payments in England in 2024. For more information see Delinked payments: replacing the Basic Payment Scheme.

7.1.5 Rural Development Programme for England (RDPE)

RDPE currently funds Countryside Stewardship and Countryside Productivity payments. From 2021 onwards this will be replaced by government funding, which has been guaranteed for projects already in place or approved by 31 December 2024 until they close. The ‘agricultural transition (2021 to 2027)’ will see new mechanisms including the ELM to deliver river basin management plan measures. By 2024, it is expected that 30% to 40% of rural England could be under Countryside Stewardship agreement. Countryside Stewardship financially supports the implementation of measures over and above legal requirements and good practice. It addresses soil management and the reduction of the effect of nutrients, sediment and faecal bacteria pollution. This will reduce the impact of eutrophication and benefit bathing waters, shellfish waters and drinking waters.

The main measures delivered by Countryside Stewardship and ELM’s are categorised by the following groups:

• enhanced field management, including seasonal livestock exclusion, winter cover crops, buffer and riparian management strips next to watercourses and reduced nutrient applications from fertilisers

• land use change, including woodland and wetland creation or converting arable land to grassland which requires lower nutrient input

• water and woodland capital grants, including sediment traps, fencing of watercourses and tree planting

• re-naturalising rivers and coastal defences, including making space for water and coastal realignment

The uptake of measures is voluntary and the scheme is competitive; applications are scored for the benefits that they can deliver for water and wildlife. Advice is a critical part of delivering Countryside Stewardship and the CSF programme, both increase the rate of uptake and quality of applications. Countryside Stewardship reduces agricultural pollution through a mix of land management options and capital grants. Initial modelling indicates higher tier agreements have achieved 12% to 18% and mid-tier 5% to 9% farm-scale pollutant reductions (averaged across nitrate, phosphorus and sediment). Greatest nitrate reductions were from grassland management options associated with reduced fertiliser use or stocking rates (or both), whilst greatest phosphorus and sediment decreases were the result of using buffer strips and increasing over-winter crop cover (The Environmental Effectiveness of the Countryside Stewardship scheme; Establishing a baseline agreement monitoring sample. REF: ECM47452/22965 (ITT 1630). Report by Fera-led consortium, August 2019).

Countryside Stewardship funding is available to create additional woodland and the Forestry Commission give specific advice on applications to this funding. The scheme encourages new woodland agreements that will benefit wider quality and enhance biodiversity. In so doing there is evidence to support the reduction of sediment and nutrients through run off and reduction in localised flood risk.

Other non-RDPE funding is available from the Forestry Commission to create woodland on farmland. Find information on the grants for woodland creation.

Woodland larger than 10 hectares can receive funding for its design through the Woodland Creation Planning Grant (WCPG). This grant provides funding to prepare a Woodland Creation Design Plan that complies with the UK Forestry Standard which can subsequently be used to support further woodland grant applications.

7.1.6 Catchment Sensitive Farming (CSF)

CSF is a joint partnership between Natural England, the Environment Agency and Defra. It is achieving its primary objective of encouraging voluntary action by farmers to help achieve water, national emission ceilings directive and protected site objectives. CSF delivery is focused primarily within the Countryside Stewardship High Priority Areas for Water, covering approximately 35% of England. More than 19,000 farms have received advice. Modelling indicates that the measures implemented as a result of advice provided have reduced average agricultural losses of key pollutants by 4% to 12% in target areas since 2006. Around 60% of the measures which CSF has advised farmers to carry out are subsequently implemented by farmers (Environment Agency (2019) Catchment Sensitive Farming Evaluation Report – Water Quality, Phases 1 to 4 (2006 to 2018). Natural England publication, June 2019).

7.1.7 Drinking water safeguard zones

Safeguard zones are non-statutory areas identifying parts of the catchment where land use activities pose risks to the quality of raw water abstracted for drinking water supplies. Within the zones, measures are targeted to help meet drinking water protected areas objectives. The Environment Agency develops safeguard zone action plans with water companies and local stakeholders to identify and deliver measures to meet drinking water protected areas objectives.

7.1.8 Using the leverage of market and industry led mechanisms

Taking a systems approach across the agri-food supply chain from field to fork, the Environment Agency extends its regulatory reach. With evidence at the core, partnerships are built with the industry to encourage greater ownership of its impacts on the natural resources, particularly soil and water, the resources on which it depends. Businesses and organisations in the agri-food supply chain can do much to encourage compliance, reduce environmental impacts and make itself resilient to climate change and other challenges.

The Environment Agency works with farm assurance schemes to influence and provide evidence-based advice on environmental standards, and reward those schemes which demonstrate low risk through good environmental performance through implementing earned recognition.

7.1.9 Additional actions

Government keeps regulatory measures under review. Defra has been working with interested parties to identify some basic actions farmers could take which reduce diffuse pollution from agriculture. Defra recognises the need for a coherent, simplified regulatory baseline.

Water protection zones can be designated by the Secretary of State under the Water Resources Act 1991 to establish additional statutory provisions to prevent water pollution where evidence shows that existing statutory or voluntary measures have been or are unlikely to be sufficient to meet environmental objectives. Before a water protection zone is designated, the Environment Agency is required to make an appropriate case to the Secretary of State. The Environment Agency is also required to carry out a public consultation, which will include assessments of the costs and benefits of any proposed measures to be used within a zone. The size and nature of the zones depends on the location and the nature of the problem.

Diffuse water pollution plans are tools to help reduce diffuse pollution at protected sites. They are non-statutory and are produced jointly by Natural England and Environment Agency. They are used to plan and agree strategic action at the catchment-scale. They are the most frequently identified mechanism for improving the water quality of European sites Protected Areas.

Progress towards reducing the impacts of diffuse pollution can be achieved by:

• better targeting of existing regulatory compliance

• additional mandatory rules for all farmers that will reduce phosphate in surface waters

• considering the need the additional use of regulation such as water protection zones

• promoting incentives (for example, Countryside Stewardship and government sponsored catchment advice) in priority catchments;

• using additional compliance mechanisms (for example, cross-compliance and farm assurance)

• engagement by industry led initiatives and partnerships to encourage reinforcement and uptake of ‘key actions for farmers’. A set of integrated actions farm businesses can consider to reduce environmental impact

You can find further information from the AHDB website.

Partnership approaches have been successfully adopted by many catchment based schemes, including River Trusts and water company initiatives. Other industry-led campaigns such as the Campaign for the Farmed Environment and Voluntary Initiative approaches also give targeted advice for specific failures, such as those relating to pesticides in drinking water.

Initiatives and key messages for farmers to build on government initiatives include the following.

The Campaign for the Farmed Environment encourages farmers and land managers across England to protect and enhance the environmental value of farmland, through voluntary measures that sit alongside productive agriculture. It:

• encourages voluntary retention of environmental stewardship options

• targets measures to protect soil and water and benefit wildlife

• promotes ‘tried and tested’ nutrient management plans to help farmers and growers plan their fertiliser and manure use, meet increasing regulatory demands and protect the environment

The Voluntary Initiative is aimed at minimising the environmental impacts from agricultural and horticultural use of pesticides, including:

• annual sprayer testing and spray operator training

• implementation of integrated pest management plan

• best practice advice on individual pesticides

Development and promotion of ‘Key actions for farmers: resources and waste’, to supplement ‘Key actions for farmers: water:

• set clear messages and actions that farmers can take to manage their environmental impact through better management of resources and waste

• are a collation of messages that are existing regulatory requirements and good practice

• allow partnerships to use these base documents to develop summary leaflets and training for informing and driving improvements to the environment

Farm assurance schemes include measures for environmental protection, including:

• Red Tractor assurance which is used by a large proportion of farmers, has some basic standards on environmental protection

• working with assurance schemes on pollution prevention and waste management guidance

• working with ‘RSPCA Assured’ on plastics guidance

• working with Red Tractor assurance and the National Farmers Union (NFU) to promote better farm waste practices, in particular relation to farm plastics such as silage wrap and crop cover, pig enrichment toys and in food packaging

The Defra Code of Good Agricultural Practice, which provides practical guidance to help farmers and growers avoid causing pollution.

Biowaste permits are being reviewed, with the aim of restricting plastic contamination in green and food waste feed stocks to reduce plastic contaminated materials being spread to agricultural land. Along with:

• reviewing the effectiveness of the Quality Protocols for compost and digestate materials and intend to include more protective plastic contamination controls as part of this process

• working with various partners, including industry representatives, their trade associations and certification bodies, the NFU, WRAP (a charity that promote and encourage sustainable resource use) and the Chartered Institution of Wastes Management on a series of business-led initiatives designed to improve the quality of compost and digestate material and reduce plastic contamination

Secured Interreg funding to run a project ‘Preventing Plastic Pollution’ in the South West which included:

• working with Defra, to baseline current farm practices in relation to plastic waste management

• exploring the use of behavioural science to influence farm practices

• measuring the effectiveness

7.2 Non-agricultural pollution

All the following contribute to diffuse pollution from non-agricultural sources:

• run off from transport

• on-street activities such as car washing

• industrial estates

• forestry and leisure industries

• misconnections of foul water into the surface water sewer network

• discharges from contaminated land and disused mines

Formal mechanisms for managing diffuse pollution from non-agricultural sources are set out in this section. Spatial planning procedures and policies, supported by the planning consultation process are also valuable mechanisms for reducing diffuse pollution.

Groundwater Protection position statements provide guidance on activities in advisory source protection zones around groundwater abstractions and encourages good practice to protect groundwater.

Mechanisms for managing non-agricultural diffuse pollution are as follows.

Water Resources Act 1991, Anti-Pollution Works Notices s161A, Abandonment of Mines s91A and B as amended and the Mines (Notice and Abandonment) Regulations 1998, Water Protection Zones s93:

• notices can be served on polluters or prospective polluters to prevent or remediate water pollution

• requires mine owners to notify the Environment Agency if they plan to abandon a mine and to produce a closure plan

• restricts or prohibits activities in order to protect the water environment from poisonous, noxious or polluting matter

Environmental Permitting (England and Wales) Regulations 2016. Causing or knowingly permitting entry of pollution to inland freshwaters and coastal waters:

• allows prosecution for various offences where surface water or groundwater is polluted

• require permit for disposals/discharges that might lead to inputs of pollutants to groundwater

• allows notices to prohibit any activity that might lead to an input of a pollutant to groundwater

Water Industry Act 1991, s101A encourages first time sewerage as a solution where there may be pollution from multiple septic tanks or cesspools, providing certain conditions are met.

Control of Pollution (Oil Storage) (England) Regulations 2001 set minimum design standards for new and existing above ground commercial oil storage facilities.

Authorisation and approval mechanisms for the marketing and use of plant protection products, biocides and veterinary medicines:

• these are enforced through equivalent regulations covering plant protection products, veterinary medicines and biocides

• require human health and environmental risk assessment of products and requirement for ‘authorisation’ or ’approval’ by the competent authorities before the products can be marketed or used

Environmental Permitting (England and Wales) Regulations 2016:

• allows conditions in permits that can include pollution prevention and other measures to prevent diffuse pollution, including air emissions that can lead to acidification

• requirements for secure storage, safe transport and controlled disposal reduce the potential for waste materials of all kinds to enter the water environment

Coal Industry Act 1994 as amended by Water Act 2003 and the Energy Act 2011, and supported by Ministerial Statements and Memorandums of Understanding with the Environment Agency and with Defra provide powers to the Coal Authority to:

• clean up and prevent water pollution from abandoned coal mines through a prioritised programme

• clean up and prevent water pollution from abandoned mines other than coal subject to available funding

Trade effluent controls under Water Industry Act 1991 regulates discharges and drainage arrangements from certain industrial and trade sites.

The Detergents (Amendment) Regulations 2013 limit the amount of phosphate in domestic laundry detergent and will potentially limit the use of phosphate in dishwasher detergent too.

Environmental Protection Act 1990, Part 2A (remediation of contaminated land) and the Contaminated Land (England) Regulations 2006 as amended provide for notices to require remediation of historically contaminated land to improve the quality of groundwater and surface water.

The Environmental Permitting (England and Wales) Regulations 2016 set rules for the operation of septic tanks and sewage treatment plants, and the conditions that are required to be met (general binding rules) to operate systems without an environmental permit.

Local authority controls for managing non-agricultural diffuse pollution are as follows.

Public Health Acts 1936 and 1961 and the Building Act 1984 gives local authorities powers relation to wrong sewer connections.

Building Regulations 2010 – Part H deals with sewers and encourages the sustainable urban drainage systems approach to surface water drainage (deals with non-mains sewerage systems such as septic tanks).

Building Regulations 2010 – Part J deals with oil storage, and complements the scope of the Control of Pollution (Oil Storage) (England) Regulations 2001.

Flood and Water Management Act 2010, Schedule 3 deals with sustainable drainage.

Town and Country Planning Act 1990, Planning and Compulsory Purchase Act 2004 (as amended); Planning Act 2008 (as amended); Planning guidance provided in National Planning Policy Framework (NPPF), 2019 and supporting National Planning Practice Guidance (NPPG), 2019; National Policy Statements (NPSs):

• in England, the NPPG expects that all major developments, and development in areas at risk of flooding, should incorporate sustainable drainage systems unless there is clear evidence that this would be inappropriate

• conditions can be attached to development permission to require the use of sustainable drainage systems where appropriate and to ensure ongoing maintenance

• the NPPF also requires land contamination to be considered in spatial planning

Town and Country Planning Act 1990, s215 gives local authorities powers to serve a notice on the owner or occupier of amenity land, or adjacent land, in their area to improve the condition of the land.

7.2.1 Sewage sludge

The Sludge (Use in Agriculture) Regulations 1989 (SUiAR) aim to protect people, animals, plants and the environment against the possible harmful effects from the uncontrolled spreading of sewage sludge on agricultural land.

They encourage sewage sludge to be used correctly and prohibit it from being applied to soils unless the concentration of heavy metals in the soil is below certain limits. Monitoring must be carried out to make sure that the soil does not exceed these limits after sludge has been spread. Sludge must be treated before it is used, for example, to reduce pathogen levels, unless it is injected or worked into the soil. Animals cannot graze on land that has been spread with sludge, and crops cannot be harvested from the land, for three weeks after the sludge has been spread. Work is currently underway to move sludge from SUiAR and into the Environmental Permitting Regulation (EPR) framework.

Preventing soils becoming contaminated in this way also protects surface water and groundwater from polluted run-off.

All water companies follow the Safe Sludge Matrix, an agreement made in December 1998 between Water UK and the British Retail Consortium, which bans the use of untreated sludge on agricultural land. There is also a non-statutory code of practice.

Water and sewerage companies are responsible for managing recycling and disposal routes of sewage sludge produced by their sewage treatment works. They must comply with the requirements of the Sewage Sludge Regulations, Environmental Permitting Regulations and the Urban Waste Water Treatment Regulations.

The Environment Agency is the enforcement authority for the relevant legislation.

You can find further information at managing sewage sludge slurry and silage.

The Water Services Regulation Authority (Ofwat) is responsible for ensuring water companies are adequately funded to carry out their functions, including sewage sludge disposal.

Other approaches

Other approaches, such as voluntary mechanisms, include the following.

Highways England manage the strategic road network, they:

• allocated £300m to invest in the strategic road network until 2025, a proportion of this will address water quality issues

• developed a Drainage Database Management System for the strategic road network to identify and help manage pollution risks

• invested in a new fleet of salt gritters which optimise salt spreading rates and limit the risks to the water environment

• carrying out research into alternative de-icing agents

General public awareness raising, such as the Oil Care and ConnectRight campaigns, and environmental information for small businesses on GOV.UK.

Influencing developers to construct sustainable drainage systems in new developments, and retrofit in existing developments where practicable. This has now been backed up by amendments to the National Policy Planning Framework.

Education and training, including environmental issues in Construction Industry Training Board sponsored National Vocational Qualifications.

Joint regulator and operator agreements and memoranda of understanding, such as:

• agreements on the use of herbicides with Network Rail and water companies

• the Environment Agency and Fire Service emergency response agreements

• the Environment Agency and Coal Authority Memorandum of Understanding

Voluntary codes of practice, such as:

• the Timber Treatment Code of Practice

• Forest and Water guidelines

• Metal Finishers code

• the photo-imaging code

• the British Marine Federation and Royal Yachting Association Environmental Code of Practice

• the Charter for Sustainable Cleaning (December 2004) which is driven by the detergents industry and includes key performance indicators in order to monitor progress

United Kingdom Water Industry Research (UKWIR) common framework for capital maintenance planning, and sustainable drainage systems code of practice – an interim code of practice on sustainable drainage systems (published by Construction Industry Research and Information Association).

Industry initiatives such as the Amenity Forum, which is concerned with promoting best practice in using pesticides in the amenity sector, and measures identified within the UK Strategy for the Sustainable Use of Plant Protection Products to deal with amenity and home and garden use of pesticides.

The Water and Abandoned Metal Mines Programme, implements a programme of measures to improve the status of water bodies due to the impact of abandoned metal mines (funded primarily by Defra). The Coal Authority delivers a separate programme of measures to prevent deterioration and improve the status of water bodies due to pollution from abandoned coal mines (funded by BEIS).

Contributing to academic studies and research investigating the contribution of road run off and urban drainage as a vector for micro-plastics (road and tyre wear particles).

Developing partnership initiatives to explore and pilot screening technology or use of wetlands which trap plastics particles at outfalls and from surface water runoff.

Examples of guidance include the following:

• industry sector guides, such as Building a Cleaner Future and Construction Industry Research and Information Association’s control of water pollution from construction sites guide

• supply chain controls, for example including environmental requirements in construction contracts

• working with the food and drink industry to remove phosphates from food additives

• best practice and design manuals, such as the Highways England’s Design Manual for Roads and Bridges

8. Physical modifications and morphology

Morphology describes the physical characteristics of water environments, including both landforms and the processes that creates and modifies them. Morphology is a term used in river basin management planning and along with hydrology is known as hydromorphology. Morphology is important for physical habitat, managing flood risk and erosion, and biodiversity. A functioning morphology can help catchments adapt to climate change and other pressures, but also it is important to understand the risk posed by a changing landscape.

It is important that waters and their surrounding landscapes are managed to help improve the morphological condition to help protect and improve the ecology and ecosystem functions. This is done by managing the pressures acting on morphology, restoring the impacts from existing (legacy) physical modifications and managing the impacts from new activities. New development opportunities to seek opportunities to not only protect, but also enhance or restore waters, providing overall net gain.

Section 8.3 provides an overview of mechanisms used to mitigate the impacts from physical pressures, and to enhance and restore the morphology of waters, often lost because of existing and historic modifications. The mechanisms identified relate to the following areas of activity and development – they focus primarily on mechanisms to manage morphology but include reference to hydromorphology where relevant:

• navigation

• development

• land drainage

• flood and coastal erosion risk management

• dredging, disposal and development in estuaries (transitional waters) and coastal waters

• other controls, plans and programmes

8.1 Navigation and recreational boating

Along the coast and within estuarine waters, port and harbour authorities have a general duty to exercise their functions with regard to nature conservation and other related environmental considerations. There may also be specific duties that are only applicable to individual port and harbour authorities, which are set out in local legislation such as harbour revision orders. Harbour authorities are also public bodies for the purposes of the WFD Regulations.

This is also the case for inland navigation authorities, which have general environmental duties as well as more specific duties that may be set out in local legislation. The Canal and River Trust is the largest UK navigation authority. The Environment Agency is also a navigation authority and the second largest with 1010km of primarily river navigations in England.

The Green Blue is a joint programme by the Royal Yachting Association and British Marine. It helps the boating community reduce their impact on coastal and inland waters by raising awareness, supporting practical projects and offering easy to follow advice. It has been very successful in influencing boat users, marinas and boatyards to adopt good environmental management and trial innovative solutions; and has also made a significant contribution to reducing the spread of invasive non-native species.

The majority of England’s inland navigation authorities also require compliance with the common minimum standards of the Boat Safety Scheme as a requirement of boat licensing or registration.

The Boat Safety Scheme is owned jointly by the Canal and River Trust and the Environment Agency and is a public safety initiative aimed at helping reduce the risks of fire, explosion, carbon monoxide poisoning and pollution on small craft and so keeping visitors to the waterways, as well as navigation authority staff safe.

The work is done by promoting fire safety, carbon monoxide and pollution avoidance advice to help boat owners keep themselves and their crews safe as well as periodic examination of fuel systems, gas systems, electrical systems and appliances. Boats need to comply with common, minimum standards of construction and equipment and undergo an examination every 4 years.

8.2 Development

Under the planning system local councils and other planning authorities must consider environmental protection and enhancement when assessing development proposals. The statutory processes of Sustainability Appraisal (incorporating Strategic Environmental Assessment), Habitats Regulations Assessment and individual Environmental Impact Assessment processes (or other relevant assessments) provide a means of screening potential impacts of plans, programmes and individual proposals. Further information is provided in the Planning Practice Guidance supporting the National Planning Policy Framework.

By law, any planning application for development has to be determined against policies in the Development Plan for the area, unless material considerations indicate otherwise. These considerations include the National Planning Policy Framework which states that the planning system should contribute to conserving and enhancing the natural environment by:

• protecting and enhancing valued landscapes, sites of biodiversity or geological value and soils

• minimising impacts on biodiversity and providing net gains in biodiversity, contributing to the government’s commitment to halt the overall decline in biodiversity, including by establishing coherent ecological networks that are more resilient to current and future pressures

• preventing new and existing development from contributing to, being put at unacceptable risk from, or being adversely affected by, unacceptable levels of soil, air, water or noise pollution or land instability; development should, wherever possible, help to improve local environmental conditions such as water quality, taking into account relevant information such as river basin management plans

The Planning Practice Guidance draws attention to the requirements of the WFD Regulations and highlights that local planning authorities should have regard to river basin management plans in exercising their functions. The guidance provides further information on how planners should take account of impacts on the water environment in Local Plans and planning applications, with reference to the WFD Regulations.

To achieve this, the guidance advises that local planning policies will need to consider water supply, wastewater and water quality issues, including:

• how to help protect and enhance local surface and ground waters that allow new development to proceed

• the type and location of new development where an assessment of the potential impacts on water bodies may be required

The guidance provides further information on the consideration of planning applications where there are water quality or supply issues.

Where the assessment indicates that the development will have a significant adverse impact on water quality, the proposed development will only be acceptable in terms of the WFD Regulations in the circumstances set out in the river basin management plan.

The consideration of any hydromorphological impacts are likely to be particularly important where new development requires new or changed flood defences or improved coastal defences as these can often be designed to combine improving ecological quality with providing recreation facilities (‘green infrastructure’) for the local community.

8.3 Influencing the final planning decision

Under planning law, an application for planning permission must be determined in accordance with the development plan for the area, unless material planning considerations indicate otherwise. The Environment Agency is a statutory consultee for local plans and is also a consultation body is also a consultation body for developments requiring Environmental Impact Assessment. The Environment Agency’s advice, including on the measures in the river basin management plan, is therefore important in informing local plan policies and land allocations that will provide the basis for future decision on planning applications.

Under the provisions of the Town and Country Planning (Development Management Procedure) (England) Order 2015, the Environment Agency is a statutory consultee for several types of planning application related to statutory duties on flood risk, protection of land and water quality, waste regulation and fisheries. This is an important mechanism for informing planning decisions which can improve the hydromorphological condition of water bodies, where appropriate, and help influence development proposals which have the potential to cause deterioration of a water body. Planning conditions can be proposed to mitigate flood risk, water quality and ecological impacts of proposed development and the Environment Agency already work with local planning authorities and developers to achieve these aims.

National Policy Statements for Nationally Significant Infrastructure Projects (NSIPs) in the energy, waste, water and transport sectors ensure that Secretaries of State take account of WFD Regulations objectives when issuing Development Consent Orders.

Some developments may have to be assessed against the requirement to prevent deterioration in ecological status or potential and will have to comply with regulation 19 (New Modifications) of the WFD Regulations. Planning Practice Guidance and National Policy Statements provide more guidance on this. The river basin management plan records decisions that are justified using regulation 19.

The mechanisms for managing development and hydromorphological pressures are as follows.

Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 2017:

• requires an Environmental Impact Assessment for certain activities (listed in the Schedules to the regulations) to determine the likelihood that a proposed project (development or other activity) will have significant environmental effects

• consenting authorities can modify or reject proposals that would significantly impact on hydromorphological conditions and can secure additional conservation gains as a condition of project approval

Environmental Assessment of Plans and Programmes Regulations 2004:

• ensures the environmental implications are taken into account before certain plans and programmes are adopted; The strategic environmental assessment process is integrated throughout the development of a plan or programme, notably during data gathering, feasibility of options, development of the preferred option, and monitoring its implementation

• the Environment Agency is a consultation body to Environmental Assessments (Strategic Environmental Assessments and Environmental Impact Assessments) produced by other public bodies and developers

Town and Country Planning (Development Management Procedure) (England) Order 2015 establishes the Environment Agency as a statutory consultee for several types of planning application related to Environment Agency’s statutory duties on flood risk, protection of land and water quality, waste regulation and fisheries.

Town and Country Planning Act 1990, Planning and Compulsory Purchase Act 2004 (as amended); Planning Act 2008 (as amended); Planning guidance provided in National Planning Policy Framework (NPPF), 2019 and supporting Planning Practice Guidance (PPG), 2019; National Policy Statements (NPSs) Planning and Compulsory Purchase Act 2004 s3:

• establishes the sustainable development duty of spatial planning and establishes the principles of and need to produce local plans

• in England, the National Planning Policy Framework expects that all major developments, and development in areas at risk of flooding, should incorporate sustainable drainage systems unless there is clear evidence that this would be inappropriate

• conditions can be attached to development permission to require the use of sustainable drainage systems where appropriate, and to ensure ongoing maintenance. Planning agreements (s.106) may also be required

8.4 Land drainage

The Environment Agency has the power to carry out various actions on main river to cleanse, repair or otherwise maintain existing watercourses. It has the power to improve any existing watercourse or drainage by deepening, widening, straightening, raising or otherwise improving, or by removing or altering mill dams, weirs or other obstructions. It has the power to make any new watercourse or drainage or do any other act required for the efficient drainage of any land. Local authorities and Internal Drainage Boards have similar powers to act on ordinary watercourses.

These powers cannot be used to undertake works for the sole purpose of improving the physical condition or conservation interest of rivers, although in some cases it can be possible to realise these benefits additionally.

The Natural Environment and Rural Communities Act 2006 gave the Environment Agency amended byelaw-making powers to ensure that the broader effects of drainage systems on the environment can be taken into account when considering flood risk matters under byelaws. The Environment Agency is intending to use these powers to replace regional land drainage byelaws with a single set of national byelaws. By taking greater account of the environmental impacts of land drainage activities these proposed new byelaws will help reduce impacts to hydromorphological conditions in main rivers.

The Natural Environment and Rural Communities Act 2006 provide similar byelaw-making powers to local authorities and Internal Drainage Boards. This power could be used by these authorities to redraft their byelaws to help reduce impacts in ordinary watercourses.

8.4.1 Dredging and land drainage

The Environment Agency’s Environmental Permitting regime regulate the flood and environmental impacts of dredging activities on a main river. Dredging on ordinary watercourses for the purposes of land drainage, flood risk management or navigation in ordinary watercourses may require an ordinary watercourse consent from the Local Authority or Internal Drainage Board. In all cases the Environment Agency advises that the dredging work adheres to good practice guides.

Mechanisms for managing land drainage are as follows.

Environmental Permitting (England and Wales) Regulations 2016:

• the Environment Agency had regulatory control (through flood defence consenting under section 109 Water Resources Act 1991) of the construction, alteration or repair of structures in, over or under any main river, they are now regulated under the Environmental Permitting regime

• power is also given to the Environment Agency to alter or remove any unauthorised works and recover the costs of this

• conditions can be imposed only in relation to the time and manner in which work can be carried out

• where the main river is an estuary, main river dredging may also require a marine licence unless carried out by harbour authorities for navigation under their own powers

Water Resources Act 1991, s165, Land Drainage Act 1991 s14(2):

• empowers Environment Agency to maintain or improve existing drainage works or to construct new works on a main river

• power also extends to maintain, improve or construct drainage works for the purpose of defence against sea water or tidal water

• work can only be undertaken to improve flow conveyance and ensure the efficient working of the drainage system, though other conservation benefits may also be achieved

• equivalent powers are conferred upon Internal Drainage Boards and local authorities through section 14(2) of the Land Drainage Act 1991

• any work carried out by third parties that may impact on flow conveyance is subject to a land drainage consent from the relevant authority (Environment Agency, Internal Drainage Board or local authority) – as follows:

Water Resources Act 1991 s107 provides Environment Agency power to serve a notice in regard to main river to ensure that necessary works to improve flow conveyance are carried out, or to undertake the works and recover reasonable costs.

Land Drainage Act 1991, s21 and s25 provides Internal Drainage Boards and local authorities with powers to serve a notice in regard to ordinary watercourses to ensure that necessary works to improve flow conveyance are carried out, or to undertake the works and recover reasonable costs.

Land Drainage Act 1991, s23 provides local authorities and Internal Drainage Boards with regulatory control (through land drainage consenting) of the erection, raising or otherwise altering of mill dams, weirs or other like obstructions to flow:

• written consent is also required for the erection or alteration of any culvert that is likely to affect the flow in ordinary watercourses

Water Resources Act 1991, Schedule 25 as amended by s100 Natural Environment and Rural Communities Act 2006 provides power to the Environment Agency to make byelaws necessary for the efficient working of any drainage system and for regulating the effects of any drainage system on the environment.

Land Drainage Act 1991s 66 as amended by s100 Natural Environment and Rural Communities Act 2006. Confers byelaw-making powers on Internal Drainage Boards and local authorities that are deemed necessary for the efficient working of the drainage system and for regulating the effects of any drainage system on the environment. The powers for Internal Drainage Boards only extend to ordinary watercourses.

Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999 requires an Environmental Impact Assessment for certain activities (listed in the Schedules of the Regulations) to determine the likelihood that a proposed project (development or other activity) will have significant environmental effects. Consenting authorities can modify or reject proposals that would significantly impact on hydromorphological conditions and can secure additional conservation gains as a condition of project approval.

8.5 Flood and coastal erosion risk management

Under the Flood and Water Management Act 2010, the Environment Agency, lead local flood authorities, district councils, internal drainage boards, water and sewerage companies, and highway authorities have a duty to co-operate to put in place better flood risk management for the benefit of their communities.

An integrated approach to managing water will provide better protection for communities from flooding. Increasing the number of water management schemes within and across catchments will also reduce flood risk and help manage drought risk, whilst also looking at further opportunities for any nationally strategic infrastructure and increasing the provision of sustainable drainage systems.

The Government’s Flood Policy Statement included a commitment to reform local flood risk plans by 2026 ahead of a future capital programme to ensure greater alignment with investment. Defra has set up a local flood risk management planning reform advisory group that will bring together key bodies to provide recommendations, advice and views on local flood risk management planning reform to inform future government policy so that local plans (among other objectives) support a catchment based approach; follow an adaptive, long-term approach which accounts for climate change; and identify opportunities to deliver multiple benefits.

The Environment Agency’s National Flood and Coastal Risk Management Strategy for England includes a commitment to ‘mainstream the use of nature based solutions’ to provide ‘climate resilient places’. The strategy also links specifically with the river basin management process, as follows.

Measure 1.4.4: From 2021 investments in flood and coastal projects by risk management authorities will help to achieve objectives in river basin management plans and contribute to the government’s aim for 75% of waters to be close to their natural state as soon as practicable.

Taking a catchment-based approach will support every place to thrive in a changing climate. Every area of England will have a more strategic and comprehensive plan that drives long-term local action and investment, enabling the full range of actions that could be taken to be considered. Local flood and coastal erosion plans will link with wider plans for an area to seize opportunities to secure multiple benefits. In areas facing significant coastal erosion and impacts from sea levels rising, support will be provided to local areas to help them to implement long-term plans to manage risk.

As part of the Budget in March 2020, the government announced a flood and coastal erosion risk management programme of £5.2 billion over the 6 years from 2021 to 2027. For this new investment programme, the ‘partnership funding’ arrangements, which determine the level of government funding available to projects, has been updated. This includes changes that provide more funding for flood schemes which use flood and coastal risk management measures that provide a range of environmental benefits.

The environmental outcomes provided by the flood and coastal erosion investment programme, including the length of watercourses enhanced, are routinely reported by the Environment Agency. Flood and coastal risk management strategies and projects are assessed against river basin management plan objectives and in many cases need a number of consents and permissions where environmental impacts are considered.

8.5.1 Floods Regulations

The Flood Risk Regulations 2009 require the assessment of the risk of flooding, map its potential impact and plan objectives and measures to reduce potential and significant flood risk, with a focus on human health, cultural heritage, the environment and economic activity.

Lead local flood authorities also prepare local flood risk management strategies under the Flood and Water Management Act 2010. Government’s flood policy statement also set out a commitment to reform local flood planning and Defra has set up a local flood risk management planning reform advisory group to help steer the reform so that local plans (among other objectives) support a catchment based approach; follow an adaptive, long-term approach which accounts for climate change; and identify opportunities to deliver multiple benefits.

8.6 Dredging, disposal and development in estuaries, coastal and marine waters

Alongside the terrestrial planning system, there is a system of marine planning and marine licensing for regulating development and other activities in the marine area. In broad terms, this comprises the area seaward of mean high water springs and within estuaries to the extent of tidal influence.

The Marine Policy Statement provides the high-level policy context for marine licensing and is supplemented by 11 marine plans covering all English marine waters. The Marine Management Organisation is responsible for producing the marine plans. This follows a similar approach to terrestrial plans – setting the direction for decision making at a more local level to lead to efficient and sustainable use of marine resources.

The Marine Management Organisation is also responsible for marine licensing in England. Amongst other things, a marine licence is likely to be required for the construction, alteration or improvement of any works; for the deposit of substances or objects from vessels; for the removal of substances or objects from the seabed; and dredging. Certain exemptions can also apply, for example, harbour authorities are often able to undertake dredging under their own powers without a licence.

Unlike terrestrial planning, there are no statutory consultees for marine licensing. However, Defra have issued guidance on the bodies that should be considered primary advisors and regularly consulted by the Marine Management Organisation.

The Marine Management Organisation is also responsible for determining applications for harbour orders. These are a form of statutory instrument which create or amend legislation governing harbour authorities. Amongst other things, they can give harbour authorities power to undertake development and dredging.

The Environment Agency also has a regulatory role in estuarine and coastal waters through mechanisms such as flood risk assessment permits, environmental permitting (to 12 nautical miles, although its role in relation to pollution control in, and permitting of discharges to, water extends only to 3 nautical miles) and abstraction licensing (in tidal rivers, bays, creeks and arms of the sea).

Both the Marine Management Organisation and the Environment Agency have adopted the coastal concordat. This sets out the important principles for coordinating the consenting process for coastal development. One principle encourages authorities to dispense with consents where appropriate. The Environment Agency has the ability to dispense with flood defence consenting in favour of marine licensing when satisfied that the terms of the marine licence would provide adequate mitigation for flood risk.

Mechanisms for managing development, dredging and disposal in estuaries, coastal and marine waters are as follows.

Marine and Coastal Access Act 2009:

• controls the deposit or removal of any substance or object in, on or under the sea bed including below the mean high water springs mark and in any tidal river to the extent of the tidal influence, from a vehicle, vessel, aircraft, marine or land-based structure or floating container

• the construction, alteration or improvement of any works either in or over the sea or on or under the seabed and any form of marine dredging

• requires implementation of marine plans and marine conservation zones

Marine Works (Environmental Impact Assessment) Regulations 2007 (as amended):

• requires an Environmental Impact Assessment for certain activities (listed in the Schedules of the Regulations) to determine the likelihood that a proposed project (development or other activity) will have significant environmental effects

Harbour revision and empowerment orders:

• controls the dredging and other activities carried out by harbour authorities within a set area associated with a port or marina

Harbour Works (Environmental Impact Assessment) Regulations 1999:

• requires an Environmental Impact Assessment for certain activities (listed in the Schedules of the Regulations) to determine the likelihood that a proposed harbour and associated activities will have significant environmental effects

In determining marine licence applications, the Marine Management Organisation must consider the need to protect the environment. This may include consideration of physical changes and morphology. Marine licences and harbour orders may also be subject to the same statutory assessment processes as the terrestrial system, such as environmental impact assessment. Conditions can then be used to mitigate adverse impacts.

As public bodies, the Marine Management Organisation must also have regard to the river basin management plans and any supplementary plans in exercising their functions. This includes assessing and determining marine licence and harbour order applications. Harbour authorities undertaking activities under their own powers must also have regard to river basin management plans.

Important environmental considerations for regulators are potential hydrological effects, interference with other marine activities, possible turbidity, noise, drift of fine materials smothering seabed flora and fauna, habitat loss and impact to designated conservation areas. In this way new physical modifications can be assessed to see if they will cause deterioration of the hydrological and morphological conditions. This will also highlight opportunities to make improvements, where this is possible.

Similar to terrestrial areas, many estuaries and coastal waters have environmental designations and protected sites which must be considered in assessing any consent application. This includes all Marine Protected Areas (Special Areas of Conservation, Special Protection Areas, Ramsar sites, Marine Conservation Zones and Sites of Special Scientific Interest). These additional protections may also help to achieve the environmental objectives of the river basin management plans. Under the Maintenance Dredging Protocol some harbour authorities have produced baseline documents to review whether activities will impact on local protected sites. These assessments can also incorporate the environmental objectives of the river basin management plans in addition to protecting hydromorphological conditions.

UK Marine Policy Statement states that dredged material should not be accepted for disposal where appropriate opportunities exist to reuse and recycle. Restoring estuarine and coastal habitats with dredged sediment should be considered where practical. Restoring these habitats will contribute to river basin management plan objectives by re-naturalising coastal fringes, improving estuarine and coastal water quality, as well as providing many other multiple benefits for people and nature.

8.7 Other plans, programmes and controls

The management of activities with potential to affect hydromorphological conditions is relevant to many different sectors of industry. Consequently managing hydromorphological pressures requires an integrated catchment management approach. The sections below list other relevant mechanisms for managing hydromorphological pressures.

Salmon and Freshwater Fisheries Act 1975, Part II:

• requires that new obstructions to the passage of salmon and migratory trout (or the raising or repair of existing obstructions) be fitted with appropriate fish passes

• includes powers to serve notice (under section 9) to require these works to be undertaken

• section 2(4) of this Act makes it an offence to wilfully disturb any river or lake bed, bank or shallow on which any spawn or spawning fish may be

Eels (England and Wales) Regulations 2009:

• enables Environment Agency to serve notice to require removal of an obstruction to eel migration or installation of an eel pass

• from 1 January 2015 required all water intakes (taking more than 20 cubic metres per day) and outfalls to be screened to prevent entrainment of eel unless exempted by Environment Agency notice

Water Act 2003, s 3 and 4:

• empowers the Environment Agency to license existing unlicensed impoundments or remove or else modify existing unlicensed impoundments where necessary for the protection of the environment by serving notice under section 4

Water Resources Act 1991 sections 161ZA and ZB:

• allows for service of notice or taking action in relation to ‘harm’ to the physical condition of surface waters

• harm is defined as an adverse impact on any hydromorphological quality element that is likely to prevent achievement of WFD Regulations environmental objectives

• Environment Agency use of these powers, which came into effect in December 2009, must explicitly be linked to the achievement of WFD Regulations environmental objectives

Conservation Habitats and Species Regulations 2017 (as amended). See section 2.6.1 for more information.

Wildlife and Countryside Act 1981, s28G:

• places a duty on public bodies in exercising their functions to take reasonable steps to further the conservation and enhancement of the special features of Sites of Special Scientific Interest

• limited geographical application

Wildlife and Countryside Act 1981, s28J:

• gives Natural England powers to put in place a management scheme to conserve or restore the flora, fauna, geological or geophysical features of Sites of Special Scientific Interest

• may need Environment Agency (or other drainage authority) consent for the works

• limited geographical application

Wildlife and Countryside Act 1981 s 28K:

• gives Natural England powers to serve a management notice to ensure that conservation or restoration works are implemented

• empowers Natural England to carry out the works itself and recover the costs from the owner or occupier

• may need Environment Agency (or other drainage authority) consent for the works

Measures to control diffuse pollution have significant potential to prevent deterioration of hydromorphological conditions, and to restore water bodies to a more natural condition. These mechanisms are discussed in section 7.

Various Environment Agency plans and strategies can also be used to target the mechanisms outlined in this section, including:

• fisheries action plans

• salmon action plans

• eel management plans

• national trout and grayling strategy

• sea trout and salmon fisheries strategy

• Biodiversity 2020: a strategy for England’s wildlife and ecosystem services

• species action plans

• habitat action plans

• local biodiversity action plans

• water resources strategy

Many restoration and enhancement projects are undertaken in partnership with, or in some cases solely, by Natural England and other conservation bodies such as the rivers trusts. Many projects are undertaken through voluntary agreements at local level.

9. Fishing and fish stocking

The Environment Agency is responsible for the management of freshwater and migratory fisheries in England. This responsibility extends 6 nautical miles out to sea. The Environment Agency has a specific duty to maintain, improve and develop fisheries, including both migratory and freshwater fish to:

• conserve and maintain diversity of fish and conserve and the aquatic environment

• enhance the contribution that salmon and freshwater fish make to the economy

• enhance the social value of fishing

Specifically, the Environment Agency is required to maintain, improve and develop salmon, trout, freshwater fish, lampreys, smelt and eel fisheries. This includes making sure that inappropriate fish species are not introduced and that the diseases or parasites they may carry are adequately controlled.

In most recreational fisheries it has become popular to practice catch and release (almost 100% for coarse fish and eel and more than 70% for salmon) or to re-stock to support the development of new fisheries or assist recovery due to the impacts of environmental incidents. (Note, the Environment Agency policy is generally not to allow salmon stocking given potential impacts to wild fish).

Formal mechanisms to conserve and protect fish populations are as follows:

• national spring salmon byelaws 2018; prohibits the killing of salmon before 1 June in net fisheries and 16 June in rod fisheries each year

• fisheries byelaws; control fishing activities, such as bans on use of live bait and restricting the fishing methods used as well as fishing seasons and (for net fisheries) times and areas of fishing

• Aquatic Animal Health Regulations 2009; requires fish farms, suppliers and fisheries to be registered or authorised so that the transfer of fish diseases is better controlled

• Import of Live Fish Act (ILFA) 1980; controls spread of non-native species. Regulates the import, keeping and release of non-native fish by means of Orders relating to specific listed species

• the Keeping and Introduction Fish (England and River Esk Catchment Area) Regulations 2015; prohibits the introduction of fish into, and the keeping of non-native fish in, inland waters without a permit

• Prohibition of Keeping of Live Fish (Crayfish) Order 1996; prohibits (with the one exception of signal crayfish Pacifastacus leniusculus in areas where it has become established) the keeping of any non-native crayfish except under licence

• Wildlife and Countryside Act 1981; prohibits release to the wild of scheduled invasive-non- native species or allowing them to escape into the wild

• Salmon and Freshwater Fisheries Act 1975; provides various powers for the protection and management of fisheries, including the introductions of orders that limit the number of nets fishing in a public fishery

• Water Resources Act 1991; sets out the responsibilities of the Environment Agency in relation to water pollution, water resource management, flood defence, fisheries, and in some areas, navigation

• Eels (England and Wales) Regulations 2009; allows the Environment Agency to translocate or stock eel, serve notices requiring eel passes in obstructions and requires provision of screens to protect eels

Other approaches

The Environment Agency works with national and local organisations to improve awareness of fisheries problems and encourage good practice. Accreditation schemes that encourage fish welfare and conservation help with this and include schemes that relate to products used by anglers.

Salmon action plans and eel management plans have been prepared that identify a range of pressures that need to be addressed to improve salmon and eel stocks. The Environment Agency’s sea trout and salmon fisheries strategy builds on the earlier production of an individual Salmon Action Plan (for each principal salmon river) by progressively integrating measures into the river basin planning cycle. Whilst the strategy recognises the need to maintain a national overview of salmon conservation, the important component requires individual stocks to be managed effectively. This approach is endorsed by the North Atlantic Salmon Conservation Organisation which is an inter-governmental body concerned with salmon conservation at an international level.

Eel management plans are a requirement of the European Union Eel Regulation (see section below) and aim to improve the eel stock in each river basin district. Measures may include: eel net limitations, closed seasons, maximum size limits, regulation of eel traders, traceability of imports and exports of eels, stocking, reducing losses through entrainment and improved connectivity in rivers.

Local fisheries action plans have been developed in some places in partnership between the Environment Agency and local angling and fisheries groups, with input from conservation and other interest groups. They are based on river catchments, but cover canal and still-water fisheries as well as rivers. They can cover a wide range of subjects from fish habitat through to angling promotion and land management. Each fisheries action plan is different and reflects the concerns and priorities of local angling and fisheries interests.

Schedule 27 of the Water Resources Act 1991 provides the Environment Agency with powers to make emergency byelaws to respond effectively and promptly to unforeseen threats to fish stocks; to operate an authorisation regime for some fishing activities extending the fisheries licensing system. The Act gave powers for Ministers to introduce a new regulatory scheme to manage the movement of live fish in order to protect local and national biodiversity the Keeping and Introduction Fish (England and River Esk Catchment Area) Regulations 2015.

The Marine and Coastal Access Act 2009 established Inshore Fisheries and Conservation Authorities in England, previously Sea Fisheries Committees, who can introduce byelaws for the regulation of sea fisheries that have an impact on migratory fish, in order to protect these species. Byelaws can be used to control fishing activities to prevent bed sediments being disrupted, bed habitat being removed, flow/sediment dynamics being altered, contaminants being disturbed, and changes to water quality.

The Marine Management Organisation has responsibility for enforcing sea fisheries regulations out to 200 nautical miles or the median line with neighbouring. It also enforces national fisheries measures, including those implemented under the Sea Fish (Conservation) Act 1967 and associated regulations. Controls on the operators of shellfisheries and fish farming are available through Inshore Fisheries and Conservation Authorities, the Centre for Environment, Fisheries, and Aquaculture Science register, seabed licences from the Crown Estate and several regulating orders.

The Environment Agency works with the Marine Management Organisation, Inshore Fisheries and Conservation Authorities, and Centre for Environment, Fisheries, and Aquaculture Science to enable appropriate measures to be taken to regulate sea fish for the protection of salmon and other migratory species.

9.1 Eel Regulation

The Eels (England and Wales) Regulations 2009 implement the eel passage measures of the European Union Eel Regulation by giving the Environment Agency powers regarding provision of eel passes, screens and removal of barriers.

There is a requirement for the development of eel management plans (EMPs) comprising measures appropriate to effect eel stock recovery based on the pressures eels face within the river basin districts. The target is to achieve migration to sea of at least 40% of historic silver eel biomass levels.

The Environment Agency, on behalf of Defra has produced EMPs for the river basin districts in England and those that cross borders into Wales and Scotland. The Environment Agency is implementing the EMPs in England. Each plan sets out short-term and long-term measures to manage and monitor eel populations within each river basin district. Measures include regulation of eel fisheries, removal of barriers to migration, increasing available habitat and reducing the impacts of entrainment.

You can find further information at increasing eel stocks.

10. Invasive non-native species (INNS)

A non-native species is one that has been transported from its native range to a new region with the assistance of humans. There are around 2000 non-native species established in Great Britain, and 10% to 15% of those have negative impacts. In freshwaters, non-native species have a greater chance of becoming invasive and causing ecological and economic impacts: around 40% of species introduced to freshwaters have a negative impact.

Enhancing biosecurity to reduce the spread and impacts of INNS is a key component of Defra’s 25 year plan goals and targets. The ‘Invasive Non-native Species Framework Strategy for Great Britain’, Defra, August 2015 (available at the Great Britain Non-Native Species Secretariat website) provides a strategic framework within which the actions of government departments, their related bodies and key stakeholders can be better co-ordinated.

Main measures in the strategy include:

• educating people on the risks from invasive non-native species, and how to help avoid introducing these species

• maintaining and developing the web-based shared Non-Native Species Information Portal that shows the distribution of non-native species and more detailed factsheets for many species

• sharing and developing expertise for early identification of potential problem species that may already be here or on their way, and the best ways to handle them

• developing a clear framework for rapid responses when invasive species are detected for the first time in Britain

• encouraging a partnership approach to managing invasions of species

• supporting research on cost-effective methods to address established invasions

• identifying main pathways of invasion

The UK has specific international and national obligations and laws to control the spread of INNS which include:

• the Invasive Alien Species Regulation (IAS Regulation) aims to limit spread, implement controls and prevent risks from INNS. The Wildlife and Countryside Act 1981 (as amended) and the Invasive Alien Species (Enforcement and Permitting) Order 2019 provide a comprehensive regulatory regime to tackle species of special concern in Great Britain

• the IAS Regulation and the GB invasive non-native species strategy focus on understanding, management and mitigation of pathways of spread

• Infrastructure Act 2015 amended the Wildlife and Countryside Act 1981 Part 4 Environmental control of animal and plant species allowing statutory bodies to serve species control agreements and orders for invasive non-native species

• Marine Strategy Regulations 2010; sets targets for reduction in risk of introduction and spread of non-indigenous species, in particular invasive species

• Import of Live Fish Act (ILFA) 1980: controls spread of non-native species and regulates the import, keeping and release of non native fish by means of Orders relating to specific listed species

• the Keeping and Introduction Fish (England and River Esk Catchment Area) Regulations 2014: prohibits the introduction of fish into, and the keeping of non-native fish in, inland waters without a permit

• Prohibition of Keeping of Live Fish (Crayfish) Order 1996: prohibits (with the one exception of signal crayfish Pacifastacus leniusculus in areas where it has become established) the keeping of any non-native crayfish except under licence

• Wildlife and Countryside Act 1981; prohibits sale and releasing to the wild of scheduled invasive-non-native species or allowing them to escape into the wild

• fisheries byelaws; controls fishing activities, such as bans on use of live bait (or by using the licence schemes described above)

• Alien and Locally Absent Species in Aquaculture (England and Wales) Regulations 2011; requires permits for movement of non-native fish in aquaculture

Other approaches

The most effective approach to the invasive non-native species pressure is to work in partnership to reduce introductions of new species and slow the spread of those that are already present by applying good biosecurity (measures which reduce the risk of spreading diseases and invasive non-native plants and animals) and promoting the ‘Check, Clean Dry’ and ‘Be Plantwise’ campaigns.

Vulnerable locations such as those with high biodiversity value or at risk from plant-induced flooding should have measures to improve and raise awareness of biosecurity as a priority.

The Environment Agency and Natural England and partners will implement rapid responses to contain and eradicate new invasions, where practicable. National management plans are in place to reduce the further spread of certain species or to reduce their impact where eradication is technically infeasible.

Direct measures to detect and eradicate invasive non-native species may be taken locally, often in partnership with others (for example with a local action group) and as part of Local Biodiversity Action Plans. Flood risk river management programmes often include measures to manage non- native plant species where they have an impact on flood risk.

11. Direct discharge of pollutants into groundwater

Direct discharges of hazardous substances into groundwater are prohibited by the WFD Regulations which is put into effect through the Environmental Permitting (England and Wales) Regulations 2016 and other legislation noted under section 2 xiii above, subject to certain specific exemptions laid down in the regulations. These exemptions essentially allow a permit to be potentially granted for a direct discharge of pollutant substances to groundwater but only where the discharge does not compromise any of the other WFD Regulations objectives to prevent pollution of groundwater, for example the status of the groundwater body is not reduced and there is no significant rising trend of pollutants that needs to be reversed.

12. Chemicals and priority substances

The WFD Regulations provides for identification of priority substances. The regulations requires progressive reduction of discharges, emissions and losses of these substances and, for a subset of priority hazardous substances, cessation or phasing-out of discharges, emissions and losses within 20 years. It also requires environmental quality standards to be used as criteria for the assessment of good chemical status for surface waterbodies. The initial list of priority substances was agreed in 2001.

The initial list contained 33 priority substances (or groups of substances), of which 13 were identified as priority hazardous substances.

Further standards were implemented in 2015. There are now 45 priority substances of which 21 are priority hazardous substances. This number includes 11 new substances for which the standards came into force in 2018.

Objectives to achieve good chemical status and for progressive reduction of priority substances and cessation of priority hazardous substances are subject to disproportionate cost and technical infeasibility considerations.

A further requirement of the Environmental Quality Standards Directive is to take measures to ensure, subject to WFD Article 4, that concentrations of certain priority substances that tend to accumulate in sediment or biota (or both) do not significantly increase. The WFD (Standards and Classification) Directions (England and Wales) 2015 has a requirement to establish an inventory of emissions, discharges and losses of the priority substances for each river basin district.

There is a requirement to identify substances that qualify as ‘specific pollutants’, that is, substances that are considered to potentially cause environmental problems, but have not otherwise been identified as priority substances requiring action. Environmental quality standards are derived for these using a similar process to that for priority substances. An initial list of ‘specific pollutants’ was set out in directions from government to the Environment Agency. The initial directions were revoked and replaced by the Water Framework Directive (Standards and Classification) Directions (England and Wales) 2015. The new directions introduced revised standards for some ‘specific pollutants’ and introduced new Specific Pollutants to the list. The Environment Act 2021 sets out new powers to allow the Secretary of State to make changes to substances and standards related to the chemical status of surface water or groundwater.

Since June 2009, risks to human health and the environment (including the water environment) have been assessed for many chemicals under the EC REACH (Registration, Evaluation, Authorisation and restriction of Chemicals) Regulations. UK REACH commenced in 2021 and allows control of the use and bringing to market of many chemicals within the UK (see section 12.3).

Many of the mechanisms listed in section 6 (point source pollution), 7 (diffuse pollution) and 12 (Plant Protection Products) can be used to avoid or limit pollution from priority substances and specific pollutants. Other available mechanisms for managing these substances are given below.

Measures for managing substances:

• controls on point or diffuse sources of pollution under the Environmental Permitting Regulations (England and Wales) 2016; places controls on discharges or disposals of substances; eliminates, reduces and renders emissions harmless

• Control of Pollution Act 1974; bans use of tributyltin (TBT) on boats less than 25m long

• the Merchant Shipping (Anti-Fouling Systems) Regulations 2009; made it an offense from 1st December 2009, for vessels’ hulls to be treated with organotin substances (e.g. TBT) and for vessels in UK waters from bearing organotin compounds, unless they have a barrier coating

• International Convention on the Control of Harmful Anti-fouling Systems on Ships of the International Maritime Organization 2008; Introduces an international ban on use of tributyltin (TBT) as an antifoulant on boats

• world-wide treaty on Persistent Organic Pollutants; bans marketing and use of these substances as implemented by the Persistent Organic Pollutants Regulations 2007 (as amended) bans use of particular substances (persistent organic pollutants) in the UK

Other approaches

The European Union mercury strategy and associated EU and UK mercury regulations and the work of the OSPAR Commission have reduced the use of mercury in industry, including a ban on mercury thermometers (The 1992 OSPAR (Oslo-Paris) Convention is the current instrument guiding international cooperation on the protection of the marine environment of the North-East Atlantic.

The Environment Agency’s Memorandum of Understanding with the Coal Authority deals with the prevention of new discharges and remediation of existing discharges from abandoned coal mines, exchange of information, research and to ensure (as far as possible) operators deal with potential pollution from closure of licensed coal mines. Discharges from closed coal mines typically contain iron and manganese (both are Specific Pollutants).

Abandoned metal mines impact up to 1,500km of rivers in England, and are a significant source of metals particularly cadmium (Priority Hazardous Substance), lead and nickel (Priority Substances), zinc and copper (Specific Pollutants). The Environment Agency, Defra and the Coal Authority have been working together since 2011 to identify priority discharges and implement remedial measures in England through the WAMM Programme.

There are several national initiatives to help minimise the environmental risks from pesticides and prevent further environmental damage. These include the pesticide Voluntary Initiative, the Amenity Forum and other pesticide product stewardship campaigns, Catchment Sensitive Farming and water company catchment schemes. Registration of users and certificates of competence under BASIS minimises the environmental risks from sheep dip and other chemicals and prevents further environmental damage.

12.1 Plant Protection Products Regulation

The Official Controls (Plant Protection Products) Regulations 2020 (legislation.gov. aims to prevent adverse impacts from plant protection products by controlling their marketing and use. Plant protection products include herbicides (weed killers), insecticides, fungicides, molluscicides (slug and snail killer) and other pesticide products used to protect plants. Changes are made to enact the requirements on leaving the EU in The Pesticides (Amendment) Regulations 2019.

Active substances must be approved for use in plant protection products. To gain approval, the producers must submit a dossier identifying the active substance (and a plant protection product which contains it); its physical and chemical properties; its effects on target pests; and any possible effects on people, the environment and non-target plants and animals. The dossiers are evaluated by the Chemicals Regulation Directorate of the Health and Safety Executive and a decision is made on whether the substance can be approved for use and any conditions on use should apply across Great Britain. Individual plant protection products which contain those active substances must be authorised at UK level before they can be placed on the market or used. Approved active substances and authorised plant protection products are regularly reviewed, to ensure that they continue to meet modern standards of safety.

The Official Controls (Plant Protection Products) Regulations 2020 applies directly to Great Britain. These are underpinned by the Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019, the Plant Protection Products (Fees and Charges) (Amendment) Regulations 2016 and the Plant Protection Products (Sustainable Use) Regulations 2012 administered in the UK by the Chemicals Regulation Directorate, part of the Health and Safety Executive. The Plant Protection Products (Sustainable Use) Regulations 2012:

• contributes to reducing the impact of plant protection products on human health and the environment

• aims to achieve a more sustainable use of plant protection products

• encourages a significant overall reduction in risks and hazards of using plant protection products consistent with necessary crop protection

• the regulations contain specific measures to protect the aquatic environment and drinking water and require a reduction of pesticide use or risks in specific areas, including protected areas under the WFD

The regulation establishes a framework for promoting ‘best practice’ in the storage, use and disposal of pesticides, and their packaging. Main features include:

• establishment of national action plans

• compulsory testing of spray machinery and certification of spray operators, distributors and advisors

• a ban, subject to derogations, on aerial spraying

• special measures to protect the aquatic environment, public spaces and Special Conservation Areas

• minimising risk of pollution through handling, storage and disposal; and promotion of Integrated Pest Management

The UK’s National Action Plan.

The Chemicals Regulation Directorate of the Health and Safety Executive is the competent authority for overseeing implementation of the Plant Protection Products (Sustainable Use) Regulations 2012.

You can find further information at Pesticides-HSE.

12.2 Regulation on Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)

The REACH etc. (Amendment etc) (EU Exit) Regulations (as amended) aims are to:

• provide a high level of protection for human health and the environment from the use of chemicals

• make the people who place chemicals on the market (manufacturers and importers) responsible for identifying, understanding and managing the hazards associated with their use

• encourage the use of alternative methods for the assessment of the hazardous properties of substances, for example, through the Quantitative Structure-Activity Relationships (QSAR) Toolbox software application and read across

UK REACH applies to substances manufactured or imported into the in quantities of 1 tonne per year or more. Generally, it applies to all individual chemical substances on their own, in preparations or in articles (if the substance is intended to be released during normal and reasonably foreseeable conditions of use from an article). Some substances are specifically excluded, for example, radioactive substances, substances under Customs supervision, the transport of substances, non-isolated intermediates, waste and some naturally occurring low hazard substances.

Some substances, covered by more specific legislation, have tailored provisions, including human and veterinary medicines, food and foodstuff additives and plant protection products and biocides. Others have tailored provisions within the UK REACH legislation, as long they are used in specified conditions, such as isolated intermediates and substances used for research and development.

The competent authority for UK REACH is the Health and Safety Executive, supported by others, in particular the Environment Agency. Implementation of UK REACH is by the REACH Enforcement Regulations 2008 and is phased with registration deadlines up to 28 October 2027, depending on the annual tonnages involved.

Find further information on REACH.

12.3 Veterinary and medicinal products

Veterinary and human medicinal products in the UK are regulated by the Defra under the Veterinary Medicines and Residues (Amendment) (EU Exit) Regulations 2020.

The Veterinary Medicines Directorate (VMD) is an Executive Agency of Defra. The VMD is the competent authority responsible for regulating the issue and use of veterinary medicines in the UK, in accordance with European Community and UK legislation.

You can find further information on the Veterinary Medicines Directorate website.

The Veterinary Medicines Directorate of Defra is responsible for preparing opinions on questions concerning medicines for veterinary use. In addition, the Veterinary Medicines Directorate is responsible for conducting the assessment of veterinary medicines for which an UK marketing authorisation is sought. Furthermore, the Veterinary Medicines Directorate prepares scientific guidelines in consultation with the competent authority to help applicants prepare marketing authorisation applications for medicinal products for veterinary use.

Environmental impacts assessments are carried out in 2 phases. In phase one the potential for environmental exposure is assessed based on the intended use of the veterinary medicinal product. Where a potential environmental risk is identified, a detailed procedure of environmental risk assessment is carried out under phase 2. This provides a common basis for the testing of veterinary medicinal products between the UK, the European Union, Japan, United States of America, Canada, Australia and New Zealand.

12.4 Biocidal Products Regulation

Biocides in the UK are governed by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2020 which amend the 2019 regulations concerning the making available on the market and use of biocidal products, applies to substances that are used to destroy or prevent the action of harmful organisms by chemical or biological means.

Common examples of biocidal products include rodenticides, disinfectants, wood preservatives and insect repellents. They are used in a wide variety of industries to control organisms such as viruses, bacteria, fungi and animals. The main purpose of act is to:

• harmonise the European market for biocidal products, their active substances and product authorisation

• provide a high level of protection for people, animals and the environment from the use of biocidal products; authorisation under BPR requires submission and evaluation of data on:

  • chemistry of the substances concerned

  • their toxicity to humans

  • their toxicity and fate in the environment

The Health and Safety Executive is the competent authority for EU BPR, which is directly acting. The regulation is enforced by both the Health and Safety Executive and some aspects by local authority inspectors and trading standards officers.

There are 22 different biocidal product types which include disinfectants, preservatives, pest control and speciality biocides such as antifouling products and embalming and taxidermist fluids.

You can find further information at Biocides – HSE.

13. Pollution incidents

Mechanisms set out in sections 6 on point source discharges, 7 on diffuse source pollution and 12 on priority substances can also be used to help avoid or deal with the effects of accidental pollution. Educational programmes and raising public awareness are also valuable mechanisms.

Specific measures to prevent or reduce the impact of accidental pollution incidents are as follows.

Control of Major Accident Hazard Regulations 2015 in partnership with Health and Safety Executive minimises risks to health and the environment from stored pollutants.

Environmental Permitting (England and Wales) Regulations 2016:

• regulates industrial processes to minimize accidental emissions

• makes sure sewerage undertakers (owners and operators) prevent illegal inputs to sewage treatment works

• introduces notices to prohibit any activity that might lead to an input of a listed substance or WFD pollutant to groundwater

Water Resources Act 1991 Works notices, s161A, Storage of pollutants and use of Water Protection Zones, s93:

• requires action by a responsible person to prevent and remediate pollution

• minimises and prevents accidents from stored pollutants

Control of Pollution (Oil Storage) (England) Regulations 2001 minimises and prevents accidents from oil storage by setting containment standards.

The Environmental Damage (Prevention and Remediation) (England) Regulations 2015; prevention and remedying of environmental damage to habitats and species protected under EC law and to species or habitat on a site of special scientific interest.

Other approaches

Planning for accident management can help prevent a spill becoming a pollution incident. Emergency planning activities are carried out by a range of organisations, including the Environment Agency, central government local authorities Local Resilience Forums, and by industry and business. Partnerships who work with the Environment Agency to reduce the number and impacts of pollution incidents include the Fire Rescue Service, Highways England, Network Rail, BASIS, British Safety Industry Federation and Oil Care Campaign.

An example is the Maritime and Coastguard Agency’s National Contingency Plan which deals with pollution incidents in the marine environment. Owners and masters of ships and the operators of offshore installations have the responsibility for ensuring that they do not pollute the sea. Harbour authorities are responsible for ensuring that their ports avoid marine pollution and for responding to incidents within their limits. The Maritime and Coastguard Agency will also provide national support to ships, offshore installations, harbour authorities and coastal local authorities where this is necessary.

The majority of inland navigation authorities have also taken on the common minimum standards of the Boat Safety Scheme. This is a public safety initiative owned jointly by the Canal and River Trust and the Environment Agency. At least 12 other navigation and harbour authorities have also introduced it. The navigation authorities’ purposes for the Scheme are to help reduce the risks of fire, explosion and pollution on small craft. This is done by promoting fire safety and pollution prevention advice to help boat owners keep themselves and their crew safe as well as regular examination of fuel systems, gas systems, electrical systems and appliances.

13.1 Control of Major Accidents

The Control of Major Accident Hazards (COMAH) Regulations 2015 aim to provide protection to people and the environment by ensuring that operators who use or store certain dangerous substances (excluding nuclear and radiological hazards) above specified thresholds take all measures necessary to prevent major accidents. Should an accident occur they also require operators to limit the consequences to people and the environment.

In England, COMAH establishments are regulated by a joint competent authority between the Environment Agency and either the Health and Safety Executive or the Office for Nuclear Regulation.

The regulations establish requirements to assess and manage a wide range of hazards associated with flammable, toxic and environmentally dangerous substances. Operators then need to implement risk control measures to prevent major accidents including those associated with natural hazards, such as extreme weather events and migratory measures which limit the impacts should a major accident occur.

Operators of establishments where the largest quantities of dangerous substances are used or stored (known as upper tier establishments) must produce a safety report and an on-site emergency plan. In addition, the relevant local authority must produce an off-site emergency plan, and the public must be told of safety measures and what to do in the event of an accident.

Find further information on COMAH on the HSE website.

13.2 Environmental Damage (Prevention and Remediation) (England) Regulations 2015 (as amended)

The Environmental Damage (Prevention and Remediation) (England) Regulations 2015, as amended in 2015, 2017 and 2019, seek to prevent and remedy environmental damage to: protected species or natural habitats; sites of Special Scientific Interest (SSSI); surface water or groundwater; marine waters; or land presenting a threat to human health. They reinforce the polluter pays principle and make operators financially liable for threats of or actual damage.

The competent authorities are:

• the Environment Agency, which deals with damage caused by activities that it regulates and all water damage

• local authorities, which deal with all land damage and the prevention of damage caused by activities regulated by them

• Natural England, which deals mainly with damage relating to biodiversity on land

• the Marine Management Organisation, which deals with damage relating to biodiversity in marine waters if the damage is not caused by an activity regulated by the Environment Agency

The regulations apply only to certain listed activities and to the most serious types of damage:

• damage that would lower the status of a WFD water body

• damage that adversely affects the site integrity of a Site of Special Scientific Interest or significantly affects the conservation status of a protected species or habitat

• damage to land that causes a significant risk of adverse effects on human health

Those who carry out the listed activities must prevent and remediate any damage their activities cause. For damage to water and biodiversity, the regulations require much more extensive remediation than under existing legislation.

You can find further information at damage prevention and remediation regulations 2009 guidance for England and Wales.

14. Mechanisms for marine

14.1 Marine Strategy

The UK Marine Strategy Regulations 2010 require the UK to take the necessary measures to achieve or maintain Good Environmental Status through the development of a UK Marine Strategy. The UK Marine Strategy, made up of Parts One, Two and Three, set out a comprehensive framework for assessing, monitoring and taking action across our seas to achieve the UK’s shared vision for ‘clean, healthy, safe, productive and biologically diverse ocean and seas’. To help assess progress towards ‘good ecological status’, it is broken down into 11 qualitative descriptors: biodiversity; non-indigenous species; commercial fish; food webs; eutrophication; sea-floor integrity; hydrographical conditions; contaminants; contaminants in seafood; marine litter and underwater noise.

There are strong links between the UK Marine Strategy and the River Basin Management Plans (RBMPs) under Water Environment Regulations (WER). The RBMPs address the improvement and protection of the chemical and ecological status of surface waters over the whole river basin ranging from rivers, lakes and groundwater through to estuaries and coastal waters out to one nautical mile at sea (in Scotland it is 3 nautical miles and out to 12 nautical miles for chemical status) and overlap with the UK Marine Strategy in coastal waters. The main areas of overlap are in relation to chemical quality, the effects of nutrient enrichment (eutrophication) and some aspects of ecological quality and hydromorphological condition.

Within the area of overlap:

• the Marine Strategy only intended to apply to those aspects of Good Environmental Status which are not already covered by WER (for example. noise, litter, aspects of biodiversity)

• UK targets and indicators for ‘good environmental status’ are aligned as far as possible with existing WER assessment tools and criteria

• the WER data forms the foundations for the Marine Strategy work, so there is an integration between Good Ecological Status and Good Environmental Status

Marine Strategy and WER also take different approaches to protecting the marine environment:

• WER assesses quality of each part of ecosystem separately, basing overall status on the quality of the worst element

• Marine Strategy takes a more holistic, functional approach, focussing on all 11 descriptors

UK Marine Strategy Part One

An assessment of marine waters, objectives for good environmental status and targets and indicators to measure progress towards GES (published December 2012, updated October 2019).

The 2019 updated report concluded that the UK has largely achieved GES for eutrophication, hydrographical conditions, contaminants and contaminants in seafood. However, vigilance is needed regarding possible impacts arising from emerging chemicals and new major infrastructure projects that may pose a risk to marine life. It also set out what targets would be used, and what further action was necessary.

UK Marine Strategy Part Two

Sets out the monitoring programmes to monitor progress against the targets and indicators (published August 2014, updated March 2021).

A key aim for the updated UK Marine Strategy Part Two is to coordinate our actions with other countries, particularly for OSPAR Region II (the Greater North Sea) and OSPAR Region III (the Celtic Seas). The monitoring programmes have been developed with the Devolved Administrations, other government departments and with scientists in the UK Marine Monitoring and Assessment Strategy evidence groups.

In order to improve consistency between the approaches for coastal waters and offshore waters, the monitoring programmes have been aligned with those used for coastal waters under RBMPs where appropriate.

UK Marine Strategy Part Three

Sets out a programme of measures for achieving good environmental status (published December 2015). An updated version is currently out for consultation (until 29 November 2021), which shows the programme of measures the UK intends to use to achieve or maintain GES for UK seas over the next 6 years.

14.2 Marine and Coastal Access Act

The UK Marine & Coastal Access Act 2009 has committed the UK to an ambitious approach to managing the marine environment that has established a Marine Planning system, inshore fisheries reform, streamlining of licensing, establishment of the Marine Management Organisation (for England and UK matters) and coastal access provisions.

The Marine and Coastal Access Act also enabled the introduction of national Marine Protected Areas known as Marine Conservation Zones. Marine Conservation Zone are areas that protect a range of nationally important, rare or threatened habitats and species.

The UK’s Marine Policy Statement provides the policy framework for preparing marine plans and taking decisions affecting the marine environment across the UK. Within the UK, the marine area has been subdivided into inshore and offshore marine planning regions. Development and implementation of marine plans is devolved to the UK administrations with transposing legislation.

In England, the Secretary of State has delegated most marine planning functions to the Marine Management Organisation, which is responsible for the development and implementation of England marine plans.

15. Mechanisms for waste operations

The protection of human health and the environment against harmful effects caused by collection, transport, treatment, storage and disposal of waste is controlled under the Environmental Permitting (England and Wales) Regulations 2016 (as amended) for land based operations. Waste operations in estuarine and marine waters are controlled by the Marine Management Organisation through marine licensing under the Marine and Coastal Access Act 2009. A system of permits and plans set out essential factors to be taken into consideration in respect of various waste disposal and recovery operations.

The carriage of waste is regulated by the Control of Pollution (Amendment) Act 1989, Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991, the Hazardous Waste (England and Wales) Regulations 2005, and the Waste (England and Wales) Regulations 2011 which include a system of registration and waste transfer notes (now called waste information).

Part II of the Environmental Protection Act 1990 prohibits deposit of waste or knowingly causing or permitting such waste to be deposited in or on any land except in accordance with an appropriate environmental permit. This is reinforced by the waste duty of care which places a duty on those producing waste to ensure that it is only passed to an authorised person and to take appropriate reasonable measures to prevent the escape of waste from their control or that of another person.

Find further information on:

• waste management

• whether you need a waste environmental permit

• agricultural wastes

16. Plastics in the environment

There is increasing concern about the potential impacts of micro-plastics in the environment. The Environment Agency are working with others to investigate sources, pathways and impacts, using a growing number of studies to inform the work, informed and shaped by knowledge gaps.

The Environment Agency does not currently routinely monitor for micro-plastics in the environment but responds to plastic pollution based on incident reporting. Various research studies and organisations using citizen science approaches have measured plastic pollution levels, such as nurdles, with data from this work demonstrating some notable hotspots of micro-plastic pollution.

Defra, academia and water companies and the Environment Agency are collaborating to achieve greater harmonisation over sampling and assessment methodologies, definitions and outcomes for monitoring micro-plastics in the environment.

Businesses, leading academics and the Environment Agency are working to investigate the types and quantities of plastics entering the environment, and this research will feed into plans to tackle this type of pollution at source.

There is no Environmental Quality Standard for plastics. The principle is that emissions of plastics biobeads or other plastic media should be limited as far as reasonably practicable and a regulatory approach for point source discharges, such as from wastewater treatment works, is being developed based on this principle.

Through its statutory duties, the Environment Agency already have mechanisms to manage plastic pollution at several stages of manufacture, use and disposal. Examples include regulation through Environmental Permit Regulations of plastic manufacturing, and waste recycling and disposal operations, along with producer responsibility and trans-frontier shipment responsibilities. Where plastic pollution occurs and the source can be identified, the Environment Agency will use its existing powers to take action.

There are a number of government policy initiatives, aimed at strengthening the circular economy for plastics, reducing the amount of plastic waste produced and preventing it escaping into the environment. Initiatives include:

• English and Scottish government ban in 2018 on the sale and production of personal care products containing micro-beads

• English government brought in a ban in October 2020 of the supply of plastic drinking straws, stirrers and cotton buds to the end user

• Defra are implementing their Litter Strategy to reduce plastics entering the environment

• Defra’s Resources and Waste Strategy together with BEIS and Treasury policy and financial initiatives set out the ambition and recommendations for a circular economy for plastics

Business-led initiatives to reduce plastic used, increase reuse and recycling the plastics used while preventing losses to environment include:

• WRAP (a charity that promote and encourage sustainable resource use), and Ellen MacArthur Foundation’s UK Plastics Pact; a voluntary business led initiative to reduce plastic packaging

• Business in the Community’s Circular Economy Taskforce

• Operation Clean Sweep; a voluntary scheme that provides a framework of best practice preventing the loss of plastic pellets, flakes and powders across the supply chain from producers to users

• British Retail Consortium’s Global Standards now include pellet management within their revised packaging standard

• Fishing For Litter providing port waste reception facilities to encourage fishermen to bring back lost or discarded fishing gear

• the Global Ghost Gear Initiative is a partnership of the fishing industry, private and third sector, academia and governments tackling the issues of lost and abandoned fishing gear and various smaller circular systems whereby ocean plastics are collected and turned back into plastic pellets and products, such as canoes made from these recycled plastics

Various initiatives are led by the third sector, charitable and community based organisations:

• Surfers Against Sewage – Big Spring Beach Clean, Plastic Free Communities, Businesses and Schools

• Marine Conservation Society – Beach Watch annual survey and beach cleaning campaign, Sea Champions and Plastic Challenge

• Keep Britain Tidy – Great British Spring Clean and Litter Heroes and behavioural insights research

• BinIt4Beaches campaigns: partnership involving the water sector and a range of organisations, including Keep Britain Tidy, Marine Conservation Society, Surfers Against Sewage, water companies and others to raise awareness to prevent plastics being flushed down the drains