Memorandum submitted by British Waterways
INTRODUCTION
1. British Waterways believes the implementation
of the Water Framework Directive provides an important vehicle
to put in place the appropriate regulatory framework to ensure
the environmental objectives of sustainable development of our
waters are met. We welcome the Environment, Food and Rural Affairs
Committee's inquiry into the Water Framework Directive and its
implementation in the United Kingdom.
2. We are a public corporation sponsored
by the Department of the Environment, Food and Rural Affairs.
We manage and care for over 2,000 miles of canals and rivers in
England, Scotland and Wales. We make sure they are safe places
for people to enjoy as well as managing water supply and control.
Our staff care for listed structures, scheduled ancient monuments,
bridges, tunnels, aqueducts, locks, lock cottages and dwellings.
Our waterways are part of, or pass through, SSSIs and local wildlife
sites. We provide services and facilities for users and generate
income from a wide range of sources (private and public) to reinvest
in the future of the waterways.
3. We manage our waterways to meet the government's
sustainable development objectives in particular as set out in
its policy paper Waterways for Tomorrow and in accordance with
guidance contained in the Framework Document for British Waterways.
We have statutory duties to look after the environment in the
British Waterways Act 1995.
4. The quality of the waterway environment
is central to our work. We have for many years worked extremely
closely with the Environment Agency (EA) and their predecessors
to protect and improve the quality of our water resources. We
recognise the important contribution water quality plays in achieving
a healthy environment and in improving bio-diversity. We fully
accept our responsibility to ensure our users and customers look
after the environment and we have mechanisms to ensure they do
so.
5. We are responsible both for 1,550 miles
of canals and 500 miles of river navigations. The canals rely
on water supplies from a variety of surface and ground waters,
including some 100 reservoirs, most of which we own. The Water
Framework Directive will cover all of these waters.
6. Below we have set out our detailed responses
to the questions in the Committee's inquiry. We have also included
comments on other areas of importance.
THE MEANS
AND TIMETABLE
OF IMPLEMENTATION
OF THE
DIRECTIVE IN
THE UK
7. British Waterways is satisfied that the
timetable for implementation of the Water Framework Directive
is realistic.
THE COSTS
OF IMPLEMENTING
THE DIRECTIVE,
HOW THE
COSTS WILL
BE MET,
HOW THEY
WILL BE
APPORTIONED, AND
THE IMPLICATIONS
FOR WATER
PRICING POLICY
8. British Waterways would like to see a
more detailed analysis of the impact of the Directive on British
Waterways and, in accordance with the Cabinet guidelines on Regulatory
Impact Assessment, we would appreciate the opportunity to discuss
with Government the most appropriate methodology for assessing
impacts and benefits.
9. A fundamental principle must be that
benefits from regulation must be commensurate with cost. The right
balance must be achieved.
10. In the DETR's consultation document
dated March 2001 on the Water Framework Directive, it was proposed
that the Environment Agency should recover the cost of regulations
from those it is regulating. That will not be possible where the
Agency is regulating water associated with its own operations
of flood defence and navigation.
11. The consultation document also proposes
that the polluter should pay for any clean ups. That will not
always be possible. British Waterways' river and canal network
has inherited pollution from industry which has long since disappeared.
A new source of funds should be made available for such clean
ups.
THE ROLE
THAT THE
ENVIRONMENT AGENCY
WILL TAKE
IN IMPLEMENTING
THE DIRECTIVE
12. It is a requirement of the Directive
that a competent body be identified for each river basin district
to oversee the application of the Directive.
13. In their consultation document, the
DETR recognised there could be a series of competent bodies such
as local authorities, British Waterways, English Nature and the
Countryside Council for Wales. Government concluded that a proliferation
of competent bodies would be complex and confusing and proposed
that the Environment Agency should be the sole competent authority
for England and Wales. We support that conclusion. As our lead
environmental regulator, it is entirely appropriate that the Environment
Agency should take on that role.
14. The key delivery mechanism for the Directive
is River Basin Management Plans. In producing River Basin management
Plans, the Agency will be regulating and setting targets for many
of its own operations in flood defence and navigation, creating
a conflict of interest that needs to be resolved.
15. The effect of the plans on the operations
of major owners of waterspace, such as British Waterways, is clearly
significant. It is, therefore, essential that British Waterways,
other navigation authorities and water utilities are integrated
into the process of developing these plans and a clear mechanism
is set out to resolve any contentious issues.
WHETHER THE
DEFINITIONS OF,
FOR EXAMPLE,
WHAT CONSTITUTES
A RIVER
BASIN AND
SIGNIFICANT HUMAN
ACTIVITY HAVE
BEEN CLARIFIED
SUFFICIENTLY TO
ALLOW MANAGEMENT
PLANS TO
BE FORMED
16. British Waterways agrees with the principle
of the structure. Our concern is how the plans for the districts
take account of the wider context of the built, natural, economic
and social environment surrounding inland waterways.
17. British Waterways' 1,550 miles of canal
network transcends river basin boundaries. For example, the Llangollen
Canal starts in the proposed Dee Basin, enters the Severn Basin,
returns into the Dee Basin, and then finally enters the NW Basin.
18. We hope that the Government will work
with British Waterways to establish a structure and methodology
to take account of these factors.
CONCLUSION
19. British Waterways believes the implementation
of the Water Framework Directive provides an important vehicle
to put in place the appropriate regulatory framework to ensure
the environmental objectives of sustainable development of UK's
waters are met.
20. British Waterways believes that regulation
will result in increased costs to bodies such as navigation authorities,
much of which will have to be met from public expenditure.
21. British Waterways believes that it is
appropriate that the Environment Agency should be charged with
producing the river basin management plans, in consultation with
relevant bodies including British Waterways .
22. British Waterways is concerned that
there are issues arising from the fact that the Environment Agency
will effectively be regulating its own operational activities
in navigation and flood defence.
23. British Waterways is also concerned
that plans for the districts take account of the wider context
of the built, natural, economic and social environment surrounding
inland waterways, including the fact that some of the 1,550 miles
(2,400 kms) of canals cross river basin boundaries.
British Waterways
17 September 2002
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