2. Cross cutting legislation for protecting water
This section introduces other legislation, partnerships and approaches that protect water.
The Environment Act received Royal Assent on 9 November 2021. It will support the government’s manifesto commitment to deliver 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 (25 YEP), 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 government’s 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, with a significant number of provisions having Great Britain, United Kingdom or England, Wales and Northern Ireland extent. The Act introduces measures under four broad headings. There will be new targets for the environment covering water, biodiversity, air quality and resource efficiency / waste reduction.
More information on the specific measures is given below.
Measures around environmental governanceinclude:
- long term targets will be set to improve the environment on air quality, water, waste and biodiversity. It will be a legal requirement to meet these targets
- the government will have to report on the effect of new primary legislation on existing environmental laws
- the Office for Environmental Protection (OEP) has been established to support environmental protection and hold government to account
- people will be able to complain to the OEP if they think their council, the government or any other public authority has broken environmental laws
Measures around waste and resource efficiencywill allow:
- consistent and frequent recycling collections across England, ending the current postcode lottery
- councils to operate weekly separate food waste collections, preventing food waste from going to landfill or being incinerated
- government to introduce clearer labelling on certain products so consumers can easily identify whether products are recyclable or not
- the government to expand the use of charges on single use plastics, following the successful introduction of the carrier bag charge and will introduce a deposit return scheme on drinks containers, subject to consultation
- the introduction of new extended producer responsibility schemes to make producers responsible for the full net costs of managing their products when they are ready to be thrown away
Measures around air quality and environmental include:
- the Environment Act will deliver cleaner air for all, by requiring the government to set targets on air quality, including for fine particulate matter, the most damaging pollutant to human health
- councils and other relevant public bodies will be required to work together more closely to tackle local air quality issues, and it will be easier for local authorities to enforce restrictions on smoke emissions from domestic burning, which pollutes towns and cities. The government will also be required to regularly update its National Air Quality Strategy
- the Act gives the government the power to make vehicle manufacturers recall vehicles if they do not comply with relevant environmental standards, ensuring illegally polluting vehicles are taken off the road quickly
Measures around water will:
- allow more collaboration between water companies to deliver the infrastructure we need to ensure we have clean and plentiful water now and for the decades to come
- permit the Environment Agency to revoke/vary permanent licences without liability to pay compensation to water users where it is necessary to protect the water environment from damage, and to vary permanent licences where they are consistently underused (for instance, have excess headroom)
- allow our monitoring and tackling of the most harmful substances in our water to keep pace with the latest scientific and technical knowledge
- allow for the creation of new, or expansion of existing, internal drainage boards (local organisations which manage water levels), where this is needed and supported locally
Measures around nature, biodiversity and conservation covenantswill mean:
- local areas will need a Local Nature Recovery Strategy to bring a broad range of groups together to deliver priorities for nature recovery at a local and national level, driving the delivery of a National Nature Recovery Network
- will mean that new developments, including new housing, will help wildlife to thrive by improving habitats and creating new green spaces close to where people live using new ‘biodiversity net gain’ measures
- local residents will be given a say on whether urban street trees are cut down, and the Forestry Commission will get more powers to deter illegal tree felling
- conservation covenants will allow landowners to create legally binding agreements to conserve land for future generations
- the design and delivery of strategic approaches for the protection of both species and habitats will be supported by new measures
The Environment Act sets out a statutory requirement for the government to have an Environmental Improvement Plan (EIP) and states that the first EIP is the 25 YEP. The EIP must be reviewed every five years with the first review due to be completed by 31 January 2023.
The first EIP, the 25 YEP was published in 2018. It set out the government’s 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.
The 25 YEP sets out 10 goals:
- 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
- mitigating and adapting to climate change
- minimising waste
- managing exposure to chemicals
- enhancing biosecurity
The 25 YEP sets out that the government will achieve the clean and plentiful water goal by improving at least three quarters of the United Kingdom’s 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 Ofwat’s 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 United Kingdom waters. Potential bathers will be warned of any short-term pollution risks
Progress against the goals in the 25 YEP is reported annually by Defra and tracked using the Outcome Indicator Framework (Outcome indicator framework for the 25 Year Environment Plan (defra.gov.uk)).
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 landowners. 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 information about designating bathing waters at Bathing waters: apply for a 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.
The Levelling Up and Regeneration Bill 2022 includes proposals to introduce Environmental Outcome Reports. These will replace the existing Strategic Environmental Assessment (including Sustainability Appraisals) and Environmental Impact Assessment and introduce a process where relevant plans and projects (including Nationally Significant Infrastructure Projects) are assessed against environmental outcomes set by government.
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 Agency’s 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 England’s 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 YEP and will in many cases help to achieve the environmental objectives of the river basin management plans.
You can find out more about the links between nature conservation legislation, the 25 YEP 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 United Kingdom 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.
2.6.1 Nature conservation legislation
A summary of the legislation applying in England is as follows:
Conservation of Habitats and Species Regulations 2017
The Conservation of Habitats and Species Regulations 2017 (as amended) aims to protect biodiversity through the conservation of certain natural habitats and wild plants and animals of pan-European importance. The regulations provide for the designation and protection of Special Areas of Conservation for specific natural habitats and species, and Special Protection Areas for birds. Collectively, these sites are referred to as ‘habitats sites’, they are also referred to as ‘European sites’. The individual sites, supported by features of the landscape which help connect them with each other and improve their coherence, collectively make up a ‘national site network’ of European sites. Prior to United Kingdom’s exit from the European Union (EU), these sites formed part of the EU’s Natura 2000 network. Measures must be introduced to maintain or restore to ‘favourable conservation status’ the natural habitats and populations of wild plants and animals identified in the regulations. Water-dependent European sites are ‘protected areas’ as defined in the WFD Regulations.
By policy convention, European sites on land are also notified as one or more Sites of Special Scientific Interest (SSSIs) under the Wildlife and Countryside Act 1981 (as amended). More information on SSSIs and conservation can be found in section 2.6.
The Convention on Wetlands of International Importance, called the Ramsar Convention, is an intergovernmental treaty that provides the framework for national action and international cooperation for the conservation and wise use of wetlands and their resources. Government policy is to treat Wetlands of International Importance (Ramsar sites) in the same way as European sites.
In the context of river basin planning, in order to contribute to the achievement of objectives under the Ramsar Convention, it is government policy that the same considerations in terms of preventing deterioration, setting water objectives and establishing measures for water objectives for Ramsar sites as to protected areas designated under the Habitats regulations and the WFD regulations.
Competent authorities under the Conservation Habitats and Species Regulations 2017 (as amended) have duties to protect, conserve and restore European sites.
View Duty to protect, conserve and restore European sites for further information.
The duties include a requirement that competent authorities (including the Environment Agency) carry out an assessment under the Conservation of Habitats and Species Regulations, known as a Habitats Regulations assessment for any plan or project that might impact on the features of a habitats site. A competent authority can usually only authorise a plan or project if the Habitats Regulations assessment shows it will not adversely affect the integrity of any European site. There are certain exceptions to this, known as a derogation, if a plan or project can pass 3 legal tests. View Habitats Regulations assessments: protecting a European site for more information.
Government consulted on aspects of wildlife reform including the Habitats Regulations in the nature recovery green paper consultation.
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.
The following applies:
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section 7(1)(a) imposes on the Environment Agency a duty to further conservation and enhancement of natural beauty and SSSIs
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section 7(1)(b) applies to pollution control functions. It requires the Environment Agency to:
- have regard to the desirability of conserving and enhancing natural beauty
- conserving SSSI features when formulating or considering any proposals
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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 doesn’t place more emphasis on designated sites, any 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
- public authorities must ensure that authorisation or enforcement decisions must be “in accordance with” the relevant marine planning documents unless relevant considerations indicate otherwise
- public authorities must have regard to marine plans in taking any other decision which relates to the exercise of any function capable of affecting the United Kingdom marine area (S.58(3)).
Wildlife and Countryside Act 1981, s28G
Places a duty on public bodies in exercising their functions to take reasonable steps to further the conservation and enhancement of the special features of Sites of Special Scientific Interest.
Wildlife and Countryside Act 1981, s28I
Permissions, plans and projects need to be assessed to determine whether they are likely to damage a SSSI, and if they are, to engage in consultation with Natural England.
Wildlife and Countryside Act 1981 s28K
The following applies:
- gives Natural England powers to serve a management notice to ensure that conservation or restoration works are implemented
- empowers Natural England to carry out the works itself and recover the costs from the owner or occupier
- may require a consent for the works
Wildlife and Countryside Act 1981 s14
Prohibits release to the wild of scheduled invasive-non- native species or allowing them to escape into the wild.
Natural Environment and Rural Communities Act 2006 s40
Requires public bodies to ‘have regard, so far as is consistent with the proper exercise of those functions (for example, granting licences), to the purpose of conserving biodiversity’. The Environment Act 2021 makes changes to the Natural Environment and Rural Communities Act which strengthen the biodiversity duty (note this change requires commencing regulations before it comes into force). The wording of s40 will be amended to a ‘conserve and enhance biodiversity’ and so extend the duties beyond the original Natural Environment and Rural Communities Act. The aim of this change is to provide for the enhancement or improvement of biodiversity, not just maintenance in its current state. When implementing the river basin management plans, public bodies, will need to take this revised duty into account.
Natural Environment and Rural Communities Act 2006 s41
In terms of which habitats and species are considered to be of ‘principal importance’ under this legislation, Section 41 of the act requires the secretary of state in conjunction with the conservation bodies to draw up a list of species and habitats in England which must be considered for the purpose of s40.
The Environment Act introduces new duties, tools and support to improve nature.
2.6.2 Nature Recovery Network
The 25 YEP promotes the establishment of a Nature Recovery Network: a bigger, better quality and increasingly connected network of places that are richer in wildlife, support the recovery of species, and are more resilient to climate change and other pressures. The Network will include the existing best areas for nature, such as protected sites and national nature reserves, and an additional 500,000 hectares of created or restored wildlife-rich habitat.
As well as helping wildlife to thrive, the Network will provide wider environmental, economic and social benefits, such as carbon capture, pollination, water quality improvements, flood risk mitigation, and wider public enjoyment and understanding.
River basin planning recognises the connectivity between water bodies from catchments to the sea and that actions in one place can have impacts elsewhere in the system. Taking action to restore connectivity across catchments is vital to the achievement of the environmental objectives of the river basin management plans, addressing the climate and biodiversity crisis. Including river and other waters in the Nature Recovery Network will deliver multiple benefits.
Spatial planning is an important mechanism for achieving a joined-up network of natural habitats that starts to restore the functioning of natural systems.
The Environment Act 2021 introduces a number of measures that are designed to work together to enable delivery of the Nature Recovery Network.
Local Nature Recovery Strategies (LNRS) are a new England-wide system of spatial strategies, designed to support the restoration and recovery of nature. The Environment Act 2021 makes provision for their creation, but they will be subject to their own legislation and statutory guidance. Each LNRS will map specific opportunities for taking priority action for nature recovery and the use of nature-based solutions to deliver wider environmental outcomes, including to help address pressures on the water environment. This will provide a locally owned foundation to developing the Nature Recovery Network; identifying the places/opportunities which will help extend the Network over time.
When implementing the river basin management plans, public bodies, other organisations and individuals will need to take LNRS into account. When creating the first LNRS, Responsible Authorities (appointed by the Secretary of State to lead the Local Nature Recovery Strategy process) may look to river basin management plans to identify priorities for habitat creation or restoration as well as associated delivery of wider environmental outcomes.
The Environment Act 2021 also mandates ‘biodiversity net gain’ which aims to ensure that new developments have a net positive impact on biodiversity overall, by minimising any negative impacts, restoring existing areas or offsetting any loss. This will mean that new developments, including housing, will help wildlife to thrive by improving habitats and creating green spaces close to where people live. Biodiversity net gain provides opportunities to deliver the environmental objectives of the river basin management plans.
Government are also considering Marine Net Gain (MNG) and currently have a consultation out on the principles of MNG: Consultation on the Principles of Marine Net Gain - Defra - Citizen Space.
The Environment Act 2021 also provides for conservation covenants which will allow landowners to create legally binding agreements to conserve land for future generations; this may help to achieve more certainty on the long term management of nature based solutions.
2.6.3 Targets for biodiversity
The Environment Act 2021 stipulates the government will set a minimum of one long-term target in four priority areas, one of which is biodiversity, this is in addition to the target to halt the decline in species abundance.
Many of the programmes of measures in the river basin management plans will contribute to achieving these targets, and similarly, these targets may drive action which helps achieve the environmental objectives of the plans.
2.6.4 Measures for protected sites
The following planning tools and delivery programmes are used to develop detailed measures for habitats sites, Ramsar sites and sites of special scientific interest (SSSI), to achieve their conservation objectives. These will aid the government’s commitment as set out in the 25 Year Environment Plan to restore 75% of our one million hectares of terrestrial and freshwater protected sites (by area) to favourable condition, securing their wildlife value for the long term.
Remedies on SSSIs (which underpin all terrestrial habitats sites and Ramsar sites) describe the actions needed to address reasons for adverse condition and restore the site to favourable condition. They are agreed by the organisation responsible for their delivery. They provide a recognised plan of action for restoring the site to favourable condition. Major groups involved in the management of SSSIs have access to the database and this drives action to address the site condition. Remedies represent the recognised plan of action that forms the basis of the programme of measures for habitats sites.
As part of the Improvement Programme for England’s Natura 2000 Sites (IPENS), Site Improvement Plans and Theme plans have been developed. These enable Natural England, the Environment Agency, and other key partners to plan how, where and when to target their efforts on habitats sites and the areas surrounding them. Site Improvement Plans provide an overview of the issues affecting features at a site level and the actions required to address them. Theme plans are high-level plans that aim to improve management of a range of key issues, for example hydrology and invasive non-native species, on the national network of habitats sites as a whole. Theme plans provide an over-arching direction, recommendations, or outline approaches that will help achieve the conservation objectives for habitats sites in England and complement work already underway on individual sites. Recommended actions and next steps identified in the plans are not necessarily committed or resourced.
Protected Site Strategies will address the greatest challenges facing protected sites through the development of a tailored package of measures to tackle pressures in catchments. Natural England launched the first five pilots in 2022, these will test the mechanism’s capability to deal with key pressures.
More specific measures for protected sites include:
- Diffuse Water Pollution Plans which are tools to help reduce diffuse pollution at protected sites
- Water Level Management Plans which are non-statutory site management plans for managing water levels, typically through the use of control structures such as artificial channels, sluices or pumps. They are used in a range of wetland habitats. For habitats sites and SSSIs they identify a water level management regime that will help the site achieve its conservation objectives. They are the responsibility of flood risk management authorities acting in consultation with Natural England
- River Restoration Programme, a joint programme between the Environment Agency and Natural England which delivers major river restoration schemes on European Sites
- Lake Restoration Programme, a joint programme between the Environment Agency and Natural England which delivers lake restoration schemes on European Sites
- The Habitat Compensation Programme includes strategic programmes, led by the Environment Agency in close co-operation with Natural England and a range of organisations interested in being part of their delivery. They operate in discrete geographical areas and plan for creation of compensatory habitat to address projected losses of habitat in habitats sites associated with management of coastal and flood defences
Responsibility for improving the water and wider environment cannot rest exclusively with government. As river basin planning legislation encourages, all of society has an impact upon and so, needs to contribute to, river basin management plans. In line with the legislation, an approach to engaging with local communities and jointly planning action on an ongoing basis has been established.
The Catchment Based Approach (CaBA) policy framework was established by Defra in 2013 to drive integrated catchment management across England. CaBA has established community led partnerships in each of the 106 management catchments, and some coastal and estuarine catchments across England. They engage local communities from catchment to coast and encourage wider participation in identifying local pressures, agreeing priorities and planning ongoing actions to tackle their priority issues. CaBA catchment partnerships are supported by a national network of Environment Agency catchment coordinators. An independent CaBA National Support Group and website has been established to assist innovation and further evolution of the approach.
Evidence shows that strong partnership working yields benefits to deliver ambitions for the water environment and meet the environmental objectives of the river basin management plans. CaBA has a proven track record of delivering and securing outcomes. For every £1 of government investment, the partnerships raise over £3 from non-government sources for local project delivery.
The strengths of CaBA catchment partnerships are their convening power. They are an access point for active involvement by public, private and civil society partners. They enable cross sector collaboration to leverage additional resources and mobilise more investment. Examples of how these CaBA and costal partnerships are delivering at the catchment scale or river basin planning can be viewed in the Catchment Partnership Pages. Over 2,500 organisations are involved nationally in CaBA, coastal and estuarine partnerships from public, private and civil society sectors; engaging with over 20,000 people and groups; delivering nearly 1,000 projects a year to improve catchment resilience.
The Coastal Partnerships Network exists to encourage the exchange of information and debate between Coastal Partnerships and to establish links with other catchment, estuarine and coastal groups. Made up of 55 organisations that work in partnership on the coast, the Coastal Partnership Network is a valuable resource for local delivery. The Coastal and Estuary Partnership also exists, connecting estuarine communities groups and individuals from source to sea - catchment to coast. Both partnerships, their networks, experience and expertise are available for integrating the delivery of a whole suite of statutorily required strategic plans, actions and interventions, including delivery of nature-based solutions, water quality management and habitat restoration.
Coastal and estuarine waters where shellfish and shellfish larvae grow are protected to support shellfish life and growth and to contribute to the high quality of shellfish for people to eat. Shellfish water protected areas are designated by government where it is necessary or desirable to protect or develop economically significant shellfish production.
The environmental requirements for shellfish water protected areas in England are expressed through the Water Environment (Water Framework Directive) Regulations 2017 and the Shellfish Water Protected Area Directions 2016. The regulations and directions place an obligation on the Environment Agency to ensure that designated waters meet the requirements of shellfish protected areas. This will be achieved by endeavouring to observe the microbial shellfish flesh standard.
Designations were reviewed in 2021. Government published the current list of 101 designated shellfish water protected areas in May 2022.
Shellfish water pollution reduction plans were prepared in 2009. These were updated into shellfish water action plans in 2015. These have been reviewed and updated for the updated 2022 river basin management plans. They summarise the Environment Agency’s understanding of each of the 101 shellfish waters in England and detail the actions needed to maintain or improve water quality in shellfish protected areas. You can request a copy of the action plan for a specific shellfish water by contacting the Environment Agency, email enquiries@environment-agency.gov.uk. Note, action plans will be available from December 2022.
The Environmental Assessment of Plans and Programmes Regulations 2004 requires a formal environmental assessment of plans and programmes which are likely to have significant effects on the environment. Authorities which prepare and/or take on such a plan or programme must assess the environmental effects and prepare a report, consult environmental authorities and the public, and take the report and the results of the consultation into account during the preparation of the final plan or programme before it is adopted. They must also make information available on the plan or programme as implemented, how the environmental assessment and consultation responses have been taken into account and how the environmental effects are to be monitored.