Memorandum submitted by English Nature
on behalf of the Natural England partnership
EXECUTIVE SUMMARY
1. The Natural England partnership works
closely with the Environment Agency across a great many of its
functions at national, regional and local level. This relationship
has recently been strengthened through a Memorandum of Understanding
between the Environment Agency, Natural England partnership and
the Forestry Commission. Close partnership working, based on clear
understanding of our distinct roles and responsibilities and where
we overlap, is essential for effective delivery of many of the
functions and duties of each organisation. The collaborative work
programmes under the joint MoU will focus effort on those areas
of partnership working where the opportunities for collaboration
are especially rich and the risk of duplication high.
2. The Environment Agency is one of the
statutory bodies most able to contribute to the enhancement of
the natural environment through its operational and regulatory
roles. The Agency has committed to play its part in enabling Government
to achieve the PSA target for SSSIs, reviewing around 60,000 consents
and authorisations affecting Natura 2000 sites, and in implementing
various UK Biodiversity Action Plans.
3. The Environment Agency is the competent
authority in England and Wales for implementing the Water Framework
Directive, which it is anticipated will be the basis for managing
the UK water environment in future. It is important, therefore,
that measures should apply to a wide range of surface waters.
At present, only 50% of the river network and less than 10% of
lakes in England and Wales have been identified as "water
bodies". It is important that the Directive is used to achieve
real benefits for people and the water environment, and that the
administrative burden it will place on the Agency should not detract
from commitment to that vision and purpose.
4. Efficient and effective delivery at the
farm level requires close collaboration between Natural England
and the Agency. The jointly agreed governance and proposals for
delivery of the England Catchment Sensitive Farming Programme
exemplify the required approach.
5. The Rural Development Service is the
largest deliverer of the England Rural Development Programme,
including agri-environment schemes. The involvement of the Agency
in the design of Environmental Stewardship and now in its delivery
both at national and local levels is welcome and has been productive.
In continuing to lead on delivery of the agri-environment programme
(and especially Environmental Stewardship) the Natural England
partnership will work closely with the Agency.
1. Introduction
A new organisation—Natural England—is
being created with responsibility to conserve and enhance the
value and beauty of England's natural environment and promote
access, recreation and public well-being for the benefit of today's
and future generations.
The creation of the new organisation, Natural
England, has already begun, with English Nature (EN), the
Landscape, Access and Recreation division of the Countryside Agency
(LAR), and the Rural Development Service (RDS) working together
as partners. This natural partnership is delivering joint outcomes
and paving the way for Natural England, whilst continuing to deliver
their separate and respective statutory duties:
— English Nature is the independent
Government agency that champions the conservation of wildlife
and geology throughout England.
— The Rural Development Service
is the largest deliverer of the England Rural Development Programme
and a range of advisory and regulatory rural services.
— The aim of Countryside Agency's Landscape,
Access and Recreation division is to help everyone respect,
protect and enjoy the countryside.
This evidence has been produced jointly by English
Nature, the Rural Development Service and the Countryside Agency's
Landscape, Access and Recreation division who are working to create
Natural England, a new agency for people, places and nature.
2. General background to our response
2.1 The Environment Agency is one of the
statutory bodies most able to contribute to the enhancement of
the natural environment, including designated wildlife sites and
biodiversity more generally, through its operational and regulatory
roles. Its contribution is particularly important where habitats
and species are affected by pollution, abstraction, land drainage,
water-level management and sea defences, as well as in relation
to access and water-borne recreation, and agricultural land and
waste management. A number of joint processes have been established
for the Natural England partnership and the Environment Agency
to work together in the delivery of collaborative programmes,
starting with a Concordat between English Nature and the Environment
Agency in June 1997 and most recently the Memorandum of Understanding
signed in September 2005 by the Environment Agency, Natural England
partnership (English Nature, Countryside Agency—LAR, Rural
Development Service) and the Forestry Commission (see attached
at Appendix 1). A full list of existing agreements and protocols
is contained in Annex 2 of this MoU.
2.2 The Natural England partnership works
closely with the Environment Agency across a great many of its
functions, and in collaboration on a number of projects at national,
regional and local level. The evidence we present here relates
to a range of the Agency's activities, and is relevant in particular
to the EFRA Committee's interest in the Environment Agency's role
as enforcer of environmental regulation and controls; its relationships
with Defra-sponsored bodies; the changes brought about by the
Natural Environment and Rural Communities Bill; how its work in
improving wildlife habitats ties in with English Nature's (and
in future Natural England's) work on biodiversity; and the Agency's
forthcoming corporate strategy (2006-2011).
3. Working with the Environment Agency
3.1 Although we have a number of joint MoUs
with the Environment Agency (see Appendix 1, Annex 2), effective
delivery requires us to engage with the individual functions as
well as with the Agency corporately. English Nature deploys a
number of specialist staff to work on relationship management
as well as in a technical liaison and advisory capacity across
key Agency functions. For example, a series of regional and national
workshops held in 2004 between English Nature, the RDS and the
Agency's Flood Risk Management function resulted in a working
agreement, building on best practice and engendering better communication
at regional and area levels.
3.2 Under the MoU (September 2005) between
the Environment Agency, Natural England partnership and the Forestry
Commission, the Chief Executives have commissioned further high
level agreements on roles and governance arrangements for five
collaborative work areas where NE, EA and FC need to work closely
together. These are:
— Agriculture and Land Management Policy;
— Integrated Catchment Management (and
Water Framework Directive);
— Coastal and Fluvial Flood Risk Management;
— Habitats Regulation Implementation;
— Water and Land Based Recreation.
Development of these collaborative programmes
is still in progress, but we are already jointly well-advanced
in collaborative work through the Multi-Agency Catchment Sensitive
Farming (MACSF) project to tackle diffuse agricultural pollution.
This pilot project, which draws on the different skills and responsibilities
of the partner organisations, is an important test bed for future
joint working between Natural England and the Environment Agency.
It has also informed the jointly agreed governance and proposals
for delivery of the England Catchment Sensitive Farming Programme
(ECSFP), a new advice programme in England, which will be led
by Natural England with the Environment Agency, to reduce the
diffuse pollution of water caused by farming operations. This
initiative, to be launched by the Minister in December 2005 and
which is currently planned to run for two years, will be part
of the national response to meet the requirements of the Water
Framework Directive and will contribute towards achieving Natura
2000 objectives and the SSSI PSA target. We welcome the essential
role that the Agency is playing in this programme.
4. Progress on biodiversity and wildlife
habitats
4.1 The condition of Sites of Special Scientific
Interest (SSSIs) in England is a barometer of the success in deploying
measures to protect and restore wildlife habitats. Water and wetland
(including coastal) habitats remain at the bottom of the list,
with only 27% of river and streams; 54% of lakes; 42% of fens,
marshes and swamps in favourable condition. These are the areas
where English Nature looks to the Environment Agency to deploy
its powers and resources, in partnership with Natural England.
4.2 Two key areas of joint working with
the Agency on wildlife and biodiversity, concern our work to help
achieve the government's target for 95% of SSSIs to reach favourable
or recovering condition by 2010, and implementation of measures
to ensure the contribution to favourable conservation status of
Natura 2000 sites (designated under the EU Habitats and Birds
Directives).
4.3 Under the Countryside and Rights of
Way Act (2000), the Agency has a duty towards furthering the conservation
of SSSIs in carrying out its functions. The Agency has committed
to play its part in enabling Government to achieve the PSA target
for SSSIs and English Nature is in the process of agreeing with
the Agency those remedies for which it has some degree of responsibility.
A challenging timetable for the identification and implementation
of measures has been agreed with the Agency. Good progress has
already been made in agreeing and implementing a programme of
water level management for the protection of SSSIs, for which
the Agency has set aside a substantial budget over four years,
with almost £2 million committed in 2005-06. It is important
that sufficient resources are made available over the period to
2010 to enable the remainder of the SSSI remedies to be completed,
particularly against competing priorities such as the Water Framework
Directive.
4.4 To ensure compliance with the Birds
and Habitats Directives, the Agency is required to review around
60,000 consents and authorisations affecting Natura 2000 sites.
This programme, due for completion in 2010, has been one of the
most significant areas of joint work between English Nature and
the Environment Agency since 1998. Close working practices have
been established, with joint technical advisory groups intended
to identify policy and research needs, and to resolve technical
differences. Collaboration has generally been good during the
Review of Consents programme. Variation in the priority given
to this work area across different Agency regions and functions,
and local and regional interpretation of national guidance, must
be managed jointly to ensure effective delivery.
4.5 Progress in implementing measures to
protect wildlife sites through these programmes has also varied
between different functions. The relationship with Flood Risk
Management has improved significantly over the last three years.
The Agency now has biodiversity and SSSI targets for its flood
risk management work and all of the Agency's capital schemes are
subject to sign-off by English Nature on wildlife issues.
4.6 The requirement to deal with a legacy
of previous water quality and water resources problems affecting
designated sites, now places particular responsibility on these
functions in implementing the Habitats Directive's requirements.
With the Agency's water quality function, English Nature has agreed
targets for phosphorus concentrations in rivers which have been
used to drive the water companies' AMP programmes, the Habitats
Directive Review of Consents and now the SSSI Remedies Programme.
English Nature worked closely with the Agency in developing and
supporting the environmental programme under AMP3 and AMP4, where
the emphasis of English Nature's work has been the development
with the Agency of schemes to protect SSSIs and Natura 2000 sites.
Our joint work with the Agency on marine water quality under the
Review of Consents programme has led to improved environmental
risk assessment approaches in a number of areas (contaminated
sediment, mixing zones, risk of nutrients in estuaries and thermal
pollution effects).
4.7 English Nature's joint activities with
the Agency in relation to water resources have recently been set
out in our evidence to the House of Lord's enquiry into water
management. We have agreed with the Agency's water resources function
the use of generic targets proposed by English Nature for river
flows or groundwater levels for Natura 2000 site protection. We
are working together in an English Nature led project to apply
the criteria for SSSIs but as yet very few abstraction licences
have been amended or revoked. We are concerned that the Agency
should take a sufficiently precautionary approach in applying
these criteria for the protection of designated sites.
4.8 We are concerned that new arrangements
for funding compensation for revoked abstractions (and set out
in the recent Environment Agency consultation Review of the
water abstraction charges scheme) will limit the ability of
the Agency to meet requirements for protection of Natura 2000
sites and SSSIs. We believe that the Agency will also require
significant additional resources to handle the volume of challenges
likely to arise from full implementation of the programme forecast
in its Restoring Sustainable Abstractions estimates.
4.9 English Nature (with CCW) is working
with the Agency in determining the risks of air pollution to designated
sites. Until recently, the Agency's effort has been focussed on
controlling point sources of air pollution through the PPC Regulations.
English Nature worked initially to promote the greater awareness
by the Environment Agency of criteria based on environmental rather
than solely human health effects, and we would now like to see
a greater role for the Agency in developing strategies (including
planning and technology transfer) for tackling diffuse sources
of pollution from transport and agriculture.
4.10 Strategic Permitting Groups, independent
of agency regional/local structure have been established by the
Agency to manage more efficiently the workload generated by the
transition to IPPC. English Nature (and CCW) has worked closely
with the Environment Agency nationally to agree procedures to
ensure that regulation by Strategic Permitting Groups is cross-compliant
with wildlife legislation. Efficiencies have certainly been gained,
however some inconsistencies in approach remain to be addressed.
4.11 Both the Environment Agency and English
Nature act as advisors to the Government's (independent) advisory
committees on pesticides and biocides, as well as providing advice
directly to the relevant regulatory agencies. English Nature has
generally taken the lead in advising on aspects of terrestrial
environmental risk or impact, including monitoring residues in
terrestrial wildlife, whilst the Environment Agency has led in
advice on impacts and monitoring in the aquatic environment. English
Nature and the Environment Agency work closely in partnership
and complement each other's work in research, monitoring and policy
advice and advocacy in these areas.
4.12 On radioactive substances, English
Nature has, through the work required to review the Agency's consents
affecting Natura 2000 sites promoted and subsequently advised
the Agency in the development of a risk assessment methodology
for the specific assessment of the environmental effects of radioactivity.
Certain other areas of novel potential wildlife risk are not readily
encompassed by the current scope of the Environment Agency's work.
Therefore English Nature has, for example, undertaken preliminary
work into the potential environmental risks associated with non-ionising
radiation (eg mobile phone masts).
4.13 UK BAP implementation
The Environment Agency has lead responsibility
for implementing the UK Biodiversity Action Plans affecting several
freshwater and coastal habitats and species, although English
Nature leads on wetland Habitat Action Plans (fens, bogs, grazing
marsh and reedbeds). Progress has been encouraging for some freshwater
species but less so in others such as white-clawed crayfish and
freshwater pearl mussel. White-clawed crayfish are seriously at
risk from factors such as non-native invasive species. Invasive
non-native species are a major threat to freshwater biodiversity
yet at present there is no single organisation with responsibility
for managing or advising on their control. The Agency undertakes
some control of invasive plant species where excessive growth
results in increased flood risk but there are limited resources
available for more strategic control programmes or biodiversity
focused work. English Nature is working with the Agency to develop
strategic approaches to these problems together with other interested
parties and stakeholders.
4.14 The Environment Agency is the UK lead
partner for the eutrophic standing waters Habitat Action Plan
and together with other partners has made good progress identifying
the lakes requiring attention under this plan and the mesotrophic
lakes HAP. Lakes have to some extent been a neglected habitat
with most focus on river quality monitoring and improvement. As
such, lakes have suffered from a number of pressures and many
require expensive remedial action. Current knowledge of the status
of our lakes is limited. Improving the condition of English lakes
will require continued commitment from the Agency to tackle historic
problems and ownership of the lakes HAP targets through all Agency
functions.
4.15 Saltmarsh is being lost at a rate of
100ha per year. The Environment Agency leads on the saltmarsh
and mudflat Habitat Action Plans which are intended to tackle
this rate of loss through the creation of 140ha of new saltmarsh
each year. As part of this work the Agency has undertaken some
innovative and exciting projects to create new intertidal habitats,
which include managed realignment to address both a real flood
risk need (to people and property) as well as contributing to
biodiversity commitments. Such initiatives represent the ideal
way forward in achieving a more sustainable approach to flood
risk management as well as achieving biodiversity commitments.
However, the Agency has very few such projects at the planning
stage. This is a serious concern as managed realignment projects
take several years to plan, initiate and deliver, consequently
Defra's Flood Management Division performance measure for the
Agency to create 100 ha of new intertidal habitat in England each
year is at risk.
5. Implementation of the Water Framework
Directive (WFD)
5.1 The Environment Agency is the competent
authority in England and Wales for implementing the Water Framework
Directive. English Nature has a key role in helping to define
"good ecological status" and the objectives of water-dependent
Natura 2000 Protected Areas. The 2003 Regulations require the
Agency to consult English Nature on the production of River Basin
Management Plans. The WFD requires diffuse pollution from agriculture
affecting ground and surface waters to be addressed: RDS has a
key role in delivering agri-environment programmes which include
such a resource protection function. The Environment Agency has
been handling Water Framework Directive implementation at a national
level through a project team. English Nature has met regularly
with the Project Team (and CCW) since December 2001.
5.2. It is anticipated that the Water Framework
Directive and its "programmes of measures" will be the
basis for managing the UK water environment in future. It is important,
therefore, that measures should apply to a wide range of surface
waters. At present, only 50% of the river network and less than
10% of lakes in England and Wales have been identified as "water
bodies". English Nature and CCW have been pressing for additional
waters to be included in "water bodies" and have drawn
up lists in response to the Government's policy statement of March
2005 (Water Framework Directive: note from the UK administrations
on the next steps of characterisation).
5.3 Two key outcomes from this phase of
Water Framework Directive implementation are that surface waters
are adequately covered by River Basin Management Plans through
our proposals for "water bodies" and that the water-related
requirements of SSSIs and Habitats Directive sites, which are
comparatively well understood, are included in measures to be
implemented by 2012 (and not left to later planning rounds). It
is important that this Directive is used to achieve real benefits
for people and the water environment, and that the administrative
burden it will place on the Agency should not detract from commitment
to that vision and purpose.
6. Regulatory and advisory roles in the countryside
6.1 Natural England welcomes the joint working
with the Agency under the England Catchment Sensitive Farming
(CSF) Programme to address diffuse water pollution from agriculture.
Efficient and effective delivery at the farm level requires close
collaboration between Natural England and the Environment Agency,
as demonstrated by integration of the Agency's catchment co-ordinators
within England CSF Programme delivery.
6.2 Successful delivery of this programme
to meet EA, NE and Defra objectives requires effective awareness
raising, advice provision and incentivising through grant support,
and will need to be supported where necessary by strong regulation.
Existing grant support schemes such as Environmental Stewardship
cover a broad range of environmental problems, but cannot address
all diffuse water pollution issues related to farming and additional
resourcing will be required. To deliver CSF outcomes, we need
to ensure appropriate regulatory activity to support CSF activities
yet retain stakeholder/industry support. Good dialogue on this
is needed between the Agency and Natural England and we need to
ensure a consistent line on enforcement with the Agency where
problems persist, or are serious or flagrant.
6.3 The Rural Development Service is the
largest deliverer of the England Rural Development Programme,
including agri-environment Schemes. In continuing to lead on delivery
of the agri-environment programme (and especially the Environmental
Stewardship Scheme) the Natural England partnership will work
closely with the Agency. The Agency has been involved in the design
of Environmental Stewardship and now in its delivery both at national
and local levels. This involvement is welcome and has been productive.
Overall the Environment Agency engagement at a national strategic
level has been good but there is an acknowledged deficit in the
target statements with regard to natural resource protection—due,
in part, to a lack of available information on priorities. We
will work together, through the agri-environment steering group,
to include much more detailed local natural resource protection
targeting information in the next targeting round to achieve both
the Agency's and Natural England's objectives.
6.4 More specifically on resource protection,
Environmental Stewardship directly addresses issues related to
sediment and phosphorus and also supports improved habitat management
for biodiversity, which often has significant related resource
protection benefits. Budget availability and the range of resource
protection-specific options will limit Natural England's activity
in tackling wider Agency concerns over farm pollution. More detailed
agreement is required on overarching priorities and the resulting
requirements for land management change as part of our collaborative
programme for Integrated Catchment Management. Urgent work is
needed to secure adequate funding and develop new regulatory measures
where more stringent controls over nutrient inputs or farming
systems are needed to meet Natura 2000 or SSSI requirements by
2010 (ie ahead of implementation of the Water Framework Directive).
Improved clarity and agreement on available options and prioritisation
will improve opportunities for more effective Environmental Stewardship
delivery. However, any expansion of resource protection options
and delivery will have significant cost implications and without
a significant increase in the budget, would be at the expense
of other Environmental Stewardship objectives.
6.5 Soil protection is an area of developing
importance at EU and national level. We are strongly supportive
of the work the Agency has done to develop an overall soil protection
policy and of their work with Defra to take forward the Soil Action
Plan.
7. Marine and coastal issues:
7.1 Environment Agency—Supervisory
Powers over Coast Protection
English Nature believes that, in order to achieve
a long-term sustainable approach to coastal management, there
is a need to integrate the management of both coastal flooding
and erosion risks. It is our opinion that this is best achieved
by the creation of a single national authority with responsibility
for all coastal flooding and erosion risks. We believe that some
of the perceived disadvantages in such an approach can be addressed
if there is a commitment by the new agency to work in partnership
with local authorities from the outset to ensure effective democratic
participation of local communities in the planning and decision
making process. English Nature supports the Government's current
review of these responsibilities and the commitment in the Making
Space for Water response to give at least a supervisory role to
the Environment Agency.
7.2 Marine strategy. We welcome the Agency's
Marine Strategy which has been developed through an open and participative
process. It has strong parallels with English Nature's maritime
strategy and by being complementary it strengthens some of our
core messages on the need for action. We would like to see a stronger
emphasis on an ecosystem-function approach and would hope in future
to work more closely over marine climate change issues.
8. Access and Recreation
8.1 The Countryside Agency has greatly appreciated
the close working relationship with the Agency in securing access
to the Agency's own estate and more widely to water, using dedication
as a way of securing access to water.
8.2 The Environment Agency has audited all
its owned sites to assess whether they would be suitable for dedication
under the Countryside and Rights of Way Act (2000). Five sites
were selected to pilot the access dedication process; these sites
will be dedicated by end December 2005. Further sites will be
reviewed for dedication over the next year with the aim of dedicating
sites where they deliver clear access benefits. The Countryside
Agency believes that more rapid progress would be facilitated
if greater funds were allocated to the Environment Agency for
this purpose.
8.3 The Environment Agency is also carrying
out a number of pilot projects to look at different ways of securing
access to water. One of these pilots, the River Mersey project,
is the first large scale project of its kind and is proving particularly
successful in securing access to water (for canoeists) through
dedication. The Environment Agency and the Countryside Agency
will benefit from the knowledge gained, which we will promote
as best practice in securing access to water by dedication.
8.4 Coastal Access Commitments
The Government has made clear its commitment
to take forward a programme of improved coastal access for the
public. The Natural England partnership is currently working with
Defra to investigate options for improving access to coastal land
in England, with an overall aim of creating an onward journey
on foot. As yet, no decision has been made on how to achieve better
access to the coast but among the options being investigated are
mapping or description under section 3 of the Countryside and
Rights of Way Act 2000; improvements to the Rights of Way network
using Rights of Way legislation and voluntary/permissive agreements
with landowners. In low lying areas this presents a number of
challenges where, for example, following Government policy, the
Environment Agency proposes to withdraw from the maintenance of
uneconomic sea walls. It has been possible to devise schemes to
successfully create a realigned public footpath to follow the
new shoreline. In general, though, where the withdrawal of permissive
duties will eventually lead to failure of the seawall and any
public right of way that it supports, there will need to be close
cooperation between the various agencies involved to ensure practical
mechanisms and adequate finance to allow the creation of a new
footpath that follows the new coastline.
9. The Environment Agency's draft corporate
strategy
9.1 The Natural England partnership broadly
supports and welcomes the basic objectives and priorities in the
Environment Agency's draft strategy. The focus within the strategy
on outcomes rather than processes is welcome, as is the commitment
to contributing to the enjoyment of the environment and to achievement
of the government's PSA target for SSSIs. However, the strategy
would benefit from a clearer reflection of the balance between
the Environment Agency's and Natural England's respective roles
and partnership in delivering the Government's environmental priorities.
These are more clearly set out in Annex 1 of our joint MoU (attached
at Appendix 1).
9.2 We regard more comprehensive integrated
solutions to deal with multiple issues such as recreational access,
diffuse pollution, land management for biodiversity and flood
risk management, as critical for the future of biodiversity and
land management in the countryside. The Environment Agency is
well-equipped to develop and deliver such solutions in partnership
with Natural England, and a stronger emphasis in its strategy
on such ways of working would be welcome. We would welcome also
a clear vision for what the Agency hopes to achieve through implementation
of the Water Framework Directive, and a clear statement about
the emphasis it will place in future on putting resources into
strategic science and monitoring the environment.
English Nature (on behalf of the Natural England
partnership)
December 2005
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