Annex A
ASSOCIATION OF
DRAINAGE AUTHORITIES:
OUTLINE SUBMISSION
TO DEFRA
FLOODS AND
WATER BILL
TEAM AS
SUBMITTED WEDNESDAY
29 OCTOBER 2008
The points listed below are an outline of those
raised at the ADA Executive Committee meeting, 22 October 2008
and are for the consideration of Defra's Floods and Water Bill
Team for inclusion within the draft Bill.
1. Powers for IDBs to act outside of drainage
districts within their wider catchment for the interests of water
level and flood risk management. This would assist Local Authorities
with their enhanced surface water drainage and flood risk management
role (as proposed by the Pitt Review: Final Report).
2. Powers for IDBs to form Consortia, including
powers to provide services to neighbouring IDBs (ie as distinct
from works currently contained in Section 11(3) of the Land Drainage
Act 1991).
3. Powers for neighbouring IDBs (within a catchment
or regional area) to confederate, and act strategically by sharing
costs and expertise.
4. Simplify the amalgamation and reconstitution
arrangements for IDBs or their successors. This should particularly
include the boundary reviews procedure and a review of the Medway
Letter 1933. In principle this will enable IDBs to expand their
districts within a given catchment where appropriate. It would
assist sharing the enhanced surface water drainage and flood risk
management workload expected of Local Authorities under the new
Bill (as proposed by the Pitt Review: Final Report).
5. Powers for IDBs to; form, run, or be
part of Limited Companies (eg ADA, service providers, wildlife
trusts etc). These powers are currently expressly provided to
the other operating authorities (Local Authorities and Environment
Agency) within their governing legislation.
6. Modernise the revaluation provisions
for IDBs by bringing the valuation procedures up to date and in
line with LA Revaluation provisions. (ie the current base date
is set at 1988).
7. Section 23 Application Fee to be moved
away from a fixed cost (ie £50) to reflect actual Cost or
provide a sliding scale of costs. This is contained within the
Land Drainage Act 1991 but has never been enabled by the Minister
of State.
8. Powers for IDBs to fund or part fund
works on Main Rivers where there is a demonstrable benefit to
an IDB's District. This will assist the Environment Agency with
their flood risk management role, especially within the Environment
Agency low/medium priority areas.
9. Powers for IDBs to act on behalf of Local
Authorities and thus assist LAs with technical aspects of their
enhanced surface water drainage and flood risk management role
for which IDBs have considerable expertise (eg Surface Water Management
Plans, biodiversity sensitive management techniques)
10. Powers to ensure all Operating Authorities
attain Statutory Consultee Status on all Planning Application
and Local Planning issues.
11. Powers for IDBs to attain Category 2
Responder Status in relation to Civil Contingencies Act 2004.
12. The Bill should ensure that utilities
providers are required to disclose the location of services to
all Operating Authorities.
13. Retain powers for IDBs to borrow money
for capital projects.
14. Retain permissive powers for IDBs to
carry out drainage works and provide supervisory role.
15. Retain the ability for IDBs to levy
rates, to be spent for the benefit of the district where it is
raised.
16. Retain IDBs powers of entry and powers
to make byelaws.
* Local Authority (LA) where used refers to both
upper and lower tier authorities.
* Operating Authority where used refers to a
body empowered under the Land Drainage Act 1991 or Water Resources
Act 1991 to undertake land drainage or flood protection work in
England and Wales. These include Internal Drainage Boards, the
Environment Agency and Local Authorities.
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