Solway Tweed River Basin District in England programmes of measures: mechanisms summary – GOV.UK

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.

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

These measures include:

financial incentives

financial disincentives

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

The Governments 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:

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 UKs 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 Ofwats 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.

The Environment Act 2021 will help deliver the governments 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 governments 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:

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.

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.

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 Agencys 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.

England has nature conservation legislation that all public bodies and others including developers and landowners must comply with. This legislation protects Englands 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:

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 doesnt 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

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Solway Tweed River Basin District in England programmes of measures: mechanisms summary - GOV.UK