Future flood and water management legislation - Environment, Food and Rural Affairs Committee Contents


Written evidence submitted by the Environment Agency

EXECUTIVE SUMMARY

  The Environment Agency welcomes the Committee's request to input to its inquiry to consider the need for future floods and water management legislation. The Environment Agency is ready to implement Government's decisions on the Flood and Water Management Act 2010. The Environment Agency supports consideration of the following issues in future water legislation:

    — Improved allocation of water;

    — Sustainable balance between supply and demand options;

    — Further improvements to water quality;

    — Improving sewerage system management; and

    — A strategic overview for water resources.

1.0  INTRODUCTION

  1.1  The Environment Agency is the leading public body for protecting and improving the environment in England and Wales. We provide independent technical advice, regulate, and deliver a number of services to ensure the sustainable use of natural resources, including water quality and water resources. We have a strategic overview of all forms of flooding and manage the risk of flooding from main rivers and the sea.

  1.2  Water is under significant and increasing pressure. There are already challenges around providing secure supplies and many waters are affected by diffuse pollution. With a changing climate and a growing population, we are likely to see more catchments reaching sustainable limits.

  1.3  This will put at risk the balance of water needs between people, the economy and the environment. Long term planning, flexible systems for water management and new approaches may be needed as a response.

2.0  IMPLEMENTATION OF THE FLOOD AND WATER MANAGEMENT ACT 2010

  2.1  The Environment Agency recognises the Flood and Water Management Act 2010 as a positive step towards achieving Sir Michael Pitt's vision for all sources of flooding to be managed effectively. The Act provides clarity on the roles of the Environment Agency, Local Authorities, Internal Drainage Boards and others in managing flooding, and for the first time allocates responsibility for the management of surface water which was a major source of flooding in 2007. We welcome the measures in the Act to manage surface water flooding, including sustainable urban drainage systems (SuDS) which provide benefits to water amenity and the environment as well as flood risk.

  2.2  The Environment Agency will work with Defra to develop a National Flood and Coastal Risk Management Strategy for England which reflects Government policy. The draft strategy will be subject to scrutiny by Parliament and approved by the Secretary of State. The Strategy, supported by guidance, will help us deliver our strategic overview for all sources of flooding by setting the direction for flood and coastal risk management in England, and providing clarity on how the rest of the Act should be delivered at a local and national scale. In Wales, the Environment Agency has an enhanced oversight role for all sources of flooding and coastal erosion risk management. We will co-ordinate and monitor the implementation of Welsh Assembly Government's National Flood and Coastal Erosion Risk Management Strategy for Wales.

  2.3  The importance of Local Authorities in delivering local flood risk management must not be underestimated. Local Authorities will clearly have a very important role in local flood risk management. We support the work by government to build technical capacity within Local Authorities, including their participation in the Foundation Degree course at the University of the West of England.

  2.4  We welcome Government's indicative timetable for commencement of the Act and look forward to assisting Government in the delivery of these provisions.

3.0  FUTURE FLOOD LEGISLATION

  3.1  Government was unable to legislate on all the flood provisions consulted on in the draft Bill. Whilst the Environment Agency does not view the issues not included in the final Act as essential to delivering integrated flood risk management, many would be beneficial so we would support Government bringing forward these provisions in legislation as soon as possible.

4.0  FUTURE WATER LEGISLATION

4.1  Improved allocation of water

  Both the Cave and Walker Reviews highlighted that the current abstraction charging regime may not provide a sufficiently strong price signal to reflect water stress and the true value of the water environment. A revised approach could provide opportunities to reveal the value of water, and would complement many of the recommendations made in the Reviews. The use of market forces, particularly a more liberal trading regime (but not a free market), could be used to improve access to water today, and could more importantly provide a key tool for climate change adaptation.

4.2  Further improvements to water quality

  As pressures grow, the need to find adequate measures to safeguard the quality and quantity of water resources will become more important. We are working with Defra to gather the evidence to confirm the mains sources of pollution and now identify gaps in measures and mechanism that need to be addressed. As point source impacts have been reduced diffuse sources become more important. They are by their very nature more difficult to assess and reduce than point sources. Options ranging from incentives (such as agri-environment schemes) to water protection zones or general binding rules, could help to secure improvements. There may also be some benefit in reviewing authorisation regimes (eg REACH, Plant Protection Products Directive and the Biocidal Products Directive) for pesticides, biocides and other chemicals to ensure that environmental risk is considered sufficiently in the authorisation process. Initiatives based on local partnerships, such as recent work we and Defra have undertaken on bathing waters, will be increasingly important to reduce diffuse pollution of water.

4.3  Improving sewerage system management

  Surface water drainage, sewerage systems and combined sewer overflows can pose significant risks to water quality and flooding, particularly if their performance deteriorates. There is a complex split of responsibilities between local authorities and sewerage undertakers for resolving misconnections of private sewage discharges into surface water sewers, and of surface water drains into separate foul sewers. Addressing this would help to deliver more integrated management of sewerage systems, alongside the planned transfer of private sewers. We are working with Defra, the water industry and central and local government to improve knowledge and awareness regarding: the interface of sewerage systems and Sustainable Drainage Systems (SuDS) for new developments and the re-development of existing areas, and possible future retrofit; current sewerage system and asset performance; effects of changes in climate and demand; and collaborative working on surface water management.

4.4  A strategic overview for water resources

  Managing and planning the future supply/demand balance across all sectors of use could be improved. We have details for public water supply, but there is less information for other key sectors, including energy, agriculture, navigation, industry and commerce. We believe a voluntary approach could be adapted. We are working with Government to support those sectors and improve planning in this area.

October 2010





 
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