Environment, Food and Rural Affairs

The following principles will be applied to shape and guide the reforms. We will aim to:

Reduce risk to life as low as reasonably practical.

Take early action to address risks where possible.

Fairly apportion costs for risk management with reservoir owners.

Take a proportionate, risk-based and customer-friendly approach.

The Government have been considering whether small raised reservoirs, which are between 10,000m³ and 25,000m³ in volume and are currently unregulated, should be brought under the scope of the Reservoirs Act 1975. We are minded that, subject to a consultation, such reservoirs should be regulated in future and will develop proposals as part of the reform of the safety regime. Research suggests that there are around 500 small raised reservoirs which pose risks for local communities if the structures were to fail. At least five incidents a year occur where emergency measures are needed to prevent dams and embankments from breaching or failing which indicates a strong need to regulate such reservoirs to ensure public safety. During 2022-23 the Environment Agency plans to introduce a free registration scheme for owners of small raised reservoirs, which will collect data about these reservoirs and help inform a proportionate approach to regulation.

The reform programme will be taken forward collaboratively, with owners and engineers being involved in shaping the details. It will include:

Reforms that can be done through existing powers, secondary legislation, guidance, training and codes of practice during 2022-23 and 2023-24, including:

improving enforcement options and flexibility using civil sanctions;

introducing review of engineers’ reports by the Environment Agency;

developing proposals for a proportionate charging scheme to improve recovery of regulatory costs; and

introducing a free registration scheme for owners of small raised reservoirs during 2022-23.

Preparing for modernising the Reservoirs Act 1975 with a view to consulting on proposals during 2023-24, including:

developing a new risk/hazard classification and how it could operate;

developing proposals to make the future supply of reservoir engineers more sustainable;

developing proposals for regulating small raised reservoirs within the new safety regime, for consultation.

This will build on actions that have already been taken to strengthen reservoir safety, for example:

a ministerial direction in April 2021 requiring reservoir owners to prepare on site emergency flood plans for all their large raised reservoirs. Owners were given a year to do this and the Environment Agency report that 94% of registered reservoirs now have plans certified by reservoir engineers;

guidance issued to reservoir owners about having inspection information packs for their reservoirs;

guidance developed in collaboration with engineers and issued by the Environment Agency to improve spillway inspection and management; and

the Institution of Civil Engineers, at my request, is carrying out research to improve the future supply of engineers.

The reform programme will be spread over several years so that changes can be managed alongside ongoing reservoir safety management in a proportionate and reasonable way. The Welsh Government and the other UK Administrations will be kept informed and involved with the development of the safety regime because the Reservoirs Act covers England and Wales, and reservoir engineers work across the UK. The Reservoirs Act 1975 as amended by the Flood and Water Management Act 2010 will remain in force until legislative changes are made.

The Government’s planned actions in response to individual recommendations in the review are summarised in Table 1 below.

Our reforms will bring the reservoir safety regime for England into line with other high risk sectors such as the nuclear industry and rail. It will lead to a modernised safety regime that protects the lives and livelihoods of those living downstream of reservoirs, while preserving the important role of these crucial assets in safeguarding our water supply in a changing climate.

Table 1 Summary of Reservoir Safety Review Recommendations and Actions

Consultation on proposed reforms is anticipated in 2023-24.

Short Description of Recommendation

Proposed Actions for 2022-23 and 2023-24

1. Divide “high risk” reservoirs into three hazard classes:

(a) More frequent inspection to be required for high hazard.

(b) Thresholds between classes to be determined by EA in consultation.

(c) Government should review threshold for high risk designation.

Accept in principle and prepare for consultation by researching and developing an improved hazard classification.

DEFRA lead

2. Strengthen EA regulation:

(a) EA to raise awareness of duties and responsibilities.

(b) EA to support owners in developing their

Capacity.

(c) EA to charge for regulation—and incentivise good behaviours.

(d) EA to adjudicate disputes between engineers and owners.

Accept and begin to develop business case and options for introducing a proportionate charging scheme.

EA lead

3. Introduce Reservoir Safety Management Plans (RSMPs) reflecting class:

(a) Owners should prepare RSMPs reflecting hazard class.

(b) RSMPs should be kept as prescribed form of record.

(c) Supervising engineer to review and certify annually.

(d) Owners to ensure competent staff—certified for higher hazard class.

EA to produce guidance.

Accept in principle and prepare for consultation, by developing proposals for prescribed, risk-based RSMPs.

DEFRA and EA joint lead

4. Strengthen Supervising Engineer (SE) role:

(a) SEs to engage in surveillance, review records, check RSMP delivery.

(b) SEs to certify compliance with RSMP and approve RSMP for next year.

Accept principle of improved SE practice and develop guidance and training.

EA lead

5. Strengthen Inspecting Engineer (IE) role:

(a) IEs to identify potential failure modes as part of inspections.

(b) IEs to require precautionary interim measures quickly if concerned.

(c) IEs to produce risk assessment for higher hazard classes.

(d) Clear timescales to be attached to MIOS.

(e) Precautionary measures to be ALARP^[1] if they compromise operation.

Accept and begin to develop improved good practice guidance for IEs.

EA lead

6. Improve management of Measures in the Interest of Safety (MIOS):

(a) MIOS to be clearly indicated in IE reports.

(b) Owner to appoint construction engineer for MIOS within 14 days.

(c) Urgent MIOS to be completed asap and by specified completion date.

(d) Certification issued on completion of MIOS to provide details.

(e) RSMP amendments to be specified with required dates.

Accept and begin to develop improved good practice guidance for MIOS.

EA lead

7. Improve supply of future panel engineers:

(Especially in light of small number of current engineers and ageing profile.)

Accept and continue existing work to explore options for implementing with Institution of Civil Engineers (ICE).

DEFRA lead

8. Support career progression for panel engineers:

(a) Revise designation of panels to introduce more responsibility tiers.

(b) ICE to provide more support with training, mentoring, guidance.

Accept in principle and plan how to take forward following advice from ICE.

DEFRA lead

9. Better knowledge sharing and learning for panel engineers:

(a) EA to provide more access to learning for engineers.

(b) EA to ensure lessons from incidents are more comprehensive.

(c) EA to introduce reporting of near misses and anonymous reporting.

(d) EA to update guidance for SEs, IEs and for risk assessments.

Accept and begin developing guidance and other best practice sharing mechanisms.

DEFRA and EA joint lead

10. Introduce risk assessments and manage reservoirs so risk is reduced to ‘ALARP’:

(a) Owners to manage risks to ALARP based on a risk assessment.

(b) Risk assessment to be based on good practice—and informs RSMP.

(c) MIOS should ensure risks are both tolerable and ALARP.

(d) If risk cannot be reduced to tolerable levels, decommission.

Accept in principle and prepare for consultation by developing proposals for risk assessments.

DEFRA lead

11. Strengthen EA duties and powers:

(a) EA and Defra to produce—commission a code of practice.

(b) Expand EA duties to allow them to assure owners duties are fulfilled.

(c) Expand EA duties to allow them to assure SE and IE reports and RSMPs.

(d) Expand EA powers to challenge SE and IE reports, RSMPs (etc).

(e) Expand EA duties to spot check owners’ activities.

Accept in principle and begin EA quality

assurance of panel engineer’s work.

DEFRA and EA joint lead

12. Strengthen EA enforcement:

(a) Full recovery of enforcement costs.

(b) Expand EA powers to include fines.

(c) Strengthen independence of EA regulator from role as operator.

Accept in principle and plan for consultation and implementation.

Develop business case and options for EA civil sanctions.

DEFRA and EA joint lead.

13. Climate change research:

(a) current and

(b) future programme of research

Accept and include in R&D programme.

EA lead

14. Publication of data and transparency reports by

(a) EA and

(b) Owners

Accept principle of data publication—EA to develop proposals.

EA lead

15. Review and update legislation and regulations

(includes concern that current legislation is outdated and inflexible for modern H&S practices)

Accept, engage with stakeholders, and develop programme of reform.

DEFRA lead

[HCWS246]

In order to drive down pollution from all development in the relevant catchments, we will be tabling an amendment to the Levelling-up and Regeneration Bill. This will place a new statutory duty on water and sewerage companies in England to upgrade wastewater treatment works to the highest technically achievable limits by 2030 in nutrient neutrality areas. Water companies will be required to undertake these upgrades in a way that tackles the dominant nutrient(s) causing pollution at a protected site. We are also using feedback from the recent “call for evidence” to water companies to identify where these upgrades could be accelerated and delivered sooner. Our proposed Environment Act target to tackle wastewater pollution across the country will still see upgrades brought in elsewhere, on a slightly longer timeframe.

In the meantime, we know the impact of new housing is a small proportion of overall nutrient pollution, but mitigation requirements have a significant impact on overall house building. This amendment will improve water quality and in doing so will support house building to continue in areas affected by nutrient pollution. We want these improvements to be factored in for the purposes of a habitats regulation assessment.

Wastewater treatment upgrades will reduce a significant source of nutrient pollution, helping to recover these crucial habitats, which will thereby reduce the level of mitigation required by individual developers when legislation comes into force.

Building on our initial package of support announced in March 2022, I will issue a ministerial direction to support Natural England to establish a nutrient mitigation scheme.

Natural England will develop the scheme, working with the Department for Environment, Food and Rural Affairs and the Department for Levelling Up, Housing and Communities. DEFRA and DLUHC will provide funding to pump prime the scheme: this is intended to front-load investment in mitigation projects, including wetland and woodland creation. This will then be recouped through a simple payment mechanism where developers can purchase “nutrient credits” which will discharge the requirements to provide mitigation. Natural England will accredit mitigation delivered through the nutrient mitigation scheme, enabling LPAs to grant planning permission for developments which have secured the necessary nutrient credits. Wetlands and woodlands will also provide biodiversity enhancements to areas and promote public access to nature across England helping to deliver on our levelling up missions for pride in place and wellbeing.

Natural England will deliver the scheme by establishing an “accelerator unit”, with the support of DEFRA, DLUHC, the Environment Agency and Homes England. The previous announcement of £100,000 funding from DLUHC for affected areas will help support delivery of the scheme. We will open the scheme to all developers while ensuring that small and medium enterprises are prioritised, given the difficulties they can face in securing mitigations due to access to funds and skills. This scheme will not be a requirement but an option to discharge mitigation requirements more efficiently. We recognise that there are a number of private markets and local planning authority-led nutrient mitigation schemes that are already being established. Natural England will be working closely with these providers to ensure they do not crowd out private markets, and will ensure that the national scheme dovetails with these markets and provides additional support as needed. We will announce further details in the autumn when the scheme will launch, and in the meantime, Natural England will be in touch with local authorities and developers.

Our amendment will support the delivery of the tens of thousands of homes currently in the planning system, by significantly reducing the cost of mitigation requirements. The mitigation scheme will make delivering those requirements much easier for developers.

Longer term, we continue to progress proposals to reform the habitats regulations so that impacts on protected sites are tackled up front, focusing on what is best for bringing sites back into favourable status. Recovering our protected sites is critical to meeting the Government’s ambitious environment commitments, including our apex target to halt the decline in species abundance by 2030. Through this work we can improve water quality, biodiversity and our wider environment while also enabling sustainable development.

We understand the concerns that some local planning authorities have around the impact of nutrient neutrality on their ability to demonstrate they have a sufficient and deliverable housing land supply.

We will make clear in planning guidance that judgments on deliverability of sites should take account of strategic mitigation schemes and the accelerated timescale for the Natural England’s mitigation schemes and immediate benefits on mitigation burdens once legislation requiring water treatment upgrades comes into force. DLUHC will revise planning guidance over the summer to reflect that sites affected by nutrient pollution forming part of housing land supply calculations are capable of being considered deliverable for the purposes of housing land supply calculations, subject to relevant evidence to demonstrate deliverability. It will be for decision takers to make judgements about impacts on delivery timescales for individual schemes in line with the national planning policy framework.

The roll-out of advice in relation to nutrient pollution to additional catchments in March, and for those already caught by the issue, resulted in a number of planning permissions having been granted prior to the nutrient neutrality issue being raised, but where a post-permission approval is still required (reserved matters approval or discharges of conditions). I am aware of views that the habitats regulations assessment provisions do not apply to subsequent stages of outline approval, and while we know the following will be disappointing to the developers whose sites are affected, it is important to ensure there is clarity on how the assessment provisions should operate.

The habitats regulations assessment provisions apply to any consent, permission, or other authorisation, this may include post-permission approvals; reserved matters or discharges of conditions. It may be that habitats regulation assessment is required in situations including but not limited to:

where the environmental circumstances have materially changed as a matter of fact and degree (including where nutrient load or the conservation status of habitat site is now unfavourable) so that development that previously was lawfully screened out at the permission stage cannot now be screened out; or

development that previously was lawfully screened in but judged to pass an appropriate assessment cannot now do so because the mitigation (if any) secured is not adequate to enable the competent authority to be convinced of no adverse effect on integrity of the habitats site.

DLUHC will therefore also update the planning practice guidance on the application of the habitats regulations assessment in this regard, and consider any further additional revisions as necessary over the summer.

[HCWS258]

In line with section 10(7) of the UKIM Act, I have considered the importance of facilitating the access to the market within Great Britain of qualifying Northern Ireland goods. The supply of the items covered by this exclusion is banned in Scotland, and the UK Government and the Welsh Government have consulted on banning the supply of these items in England and in Wales in so far as it is not already banned there. The relevant EU directive (Article 5 of the Single-Use Plastic Directive) under Annex II of the NI protocol, once implemented in Northern Ireland, will have equivalent effect to the proposed and existing legislation in Scotland, England and Wales. As such, I do not consider there is a need to make additional or separate provision to maintain access to the market within Great Britain for these single-use plastic items.

I therefore intend to proceed with making the United Kingdom Internal Market Act 2020 (Exclusions from Market Access Principles: Single-Use Plastics) Regulations 2022. I welcome the commitments and shared ambition across the UK to continue to work together to reduce plastic waste and tackle plastic pollution across the UK.

¹ www.gov.uk/government/publications/process-for-considering-ukim-act-exclusions-in-common-framework-areas

[HCWS250]