Elaboration of the Environment Agency's Supervisory Duty
Please note that this Elaboration was agreed in 1999 by the then Ministry of Agriculture, Fisheries and Food (MAFF). Following changes to the machinery of Government in 2001, the Department for Environment, Food and Rural Affairs (Defra) took over MAFF's responsibility for flood and coastal erosion risk management and refernces to MAFF below have been changed to Defra. The printed version of this information still refers to MAFF throughout and one reference to MAFF below has had to be retained for strict historical accuracy. Likewise, references to the Department of the Environment, Transport and the Regions (DETR) have been changed to the Department for Communities and Local Government (CLG). Please also bear in mind that this information was published in 2000. Significant changes to flood risk management have been implemented as part of the Government's Flood and Coastal Defence Funding Review and continue to be implemented as a result of proposals to give the Environment Agency strategic overview of all flood and coastal erosion risk management.
Definitions
In considering flood and coastal defence issues some definitions might be helpful:-
- Main rivers are watercourses designated as such on main river maps and are generally the larger arterial watercourses.
- Ordinary watercourses are all those watercourses that are not designated as main river.
- Sea defences are measures to help prevent flooding from the sea.
- Coast protection are measures to protect the land against erosion and encroachment by the sea.
- Coastal defence is an overarching term that includes both sea defence and coast protection.
- Critical ordinary watercourses are ordinary watercourses which the Environment Agency and other operating authorities agree are critical because they have the potential to put at risk from flooding large numbers of people and property.
Background
The public sector organisations that are responsible for providing defence from flooding are known as operating authorities. There are four types of operating authority, with differing powers and responsibilities.
- The first operating authority is the Environment Agency, which is responsible for sea defences and works on main rivers.
- The second group of operating authorities are the Internal Drainage Boards who look after ordinary watercourses in areas known as Internal Drainage Districts.
- The third group of operating authorities is made up of the Local Authorities who look after those ordinary watercourses that are not in an Internal Drainage District (it must be noted that the different tiers of Local Authorities; Counties, Metropolitan, Unitary and Districts have differing flood defence responsibilities).
- The final group of operating authorities are the Maritime Local Authorities who look after coast protection (prevention of coastal erosion) and may also undertake sea defence works.
The powers given to the operating authorities to carry out works are all permissive, which means they can choose either to carry out works or not at their discretion. No operating authority can be compelled to use their permissive powers.
The Environment Agency is funded, for flood defence purposes, by a levy on Local Authorities and by grant towards capital works from the Department for Environment, Foodand Rural Affairs (Defra) in England, and from the National Assembly for Wales.
Local Authorities fund their flood defence activities through the Council Tax and from central government through the Standard Spending Assessment mechanism.
Internal Drainage Boards fund their activities through a direct charge on agricultural land occupiers within their Internal Drainage District and from special levies on Local Authorities.
Defra in England and the National Assembly for Wales have policy responsibility for flood and coastal defence, setting policy aims, objectives and targets for the operating authorities, providing guidance, funding a Research and Development programme and grant aiding eligible works.
Introduction
Section 6(4) of the Environment Act 1995 states:
"….the (Environment) Agency shall in relation to England and Wales exercise a general supervision over all matters relating to flood defence."
In a statement to Parliament on 20 October 1998 the MAFF Minister, Elliot Morley, highlighted a commitment by Government, following its response to an Agriculture Select Committee Inquiry, for the Agency to develop its current supervisory responsibilities for all flood defence matters including the adequacy of defences owned by others.
In May 1999 the Government announced interim high level targets for flood and coastal defence to secure the delivery of its flood and coastal defence aims and objectives; a more comprehensive set of targets was announced in November 1999. The supervisory duty is included within the framework of the high level targets.
As the principal operating authority, and with its general flood defence supervisory responsibilities the Environment Agency has a key role in monitoring and reporting achievement by all operating authorities.
A consultation exercise has been carried out which addressed how the Environment Agency’s supervisory duty in England and Wales should be undertaken.
The high level targets set by government deal with the three key objectives to achieve the policy aims:-
- To encourage the use of adequate and cost effective flood warning systems.
- To encourage the provision of adequate, economically, technically and environmentally sound and sustainable flood and coastal defence measures.
- To discourage inappropriate development in areas at risk from flooding and coastal erosion.
The high level targets set by Government are intended to secure the delivery of these objectives. The Agency’s elaboration of its supervisory duty addresses the actions required to fulfil those targets and spells out clear ownership by each operating authority for its part of each action.
The Agency’s Supervisory Duty
The elaboration of the Supervisory Duty is intended to be consistent with the legislative framework that currently exists. The Environment Act 1995 sets the scope of the supervisory duty as very wide ranging, namely "all matters relating to flood defence". For simplicity in detailing the Agency’s supervisory duty, the flood defence service has been divided up into eight sections: -
Taking each Section in turn the Agency’s supervisory duty will be:-
1 Condition of flood and coastal defence service and critical ordinary watercourses
1.a - Flood Defences
The overall standard of flood defence provided in a river catchment depends on the condition of all its parts. In order to be able to understand how a flood defence system is working it is important to look at the whole picture not just parts of it.
The Agency will be responsible for inspecting defences on main river whilst Local Authorities and Internal Drainage Boards will be responsible for inspecting their own defences on ordinary watercourses. The information on the condition of all defences will then be passed to the Agency who will keep it on a national database (see section 1d). The Agency and local authority/IDB will agree arrangements for identifying and inspecting third party defences.
1.b - Critical Ordinary Watercourses
Section 1a deals with flood defences on Main Rivers and Ordinary Watercourses. This section is intended to provide a means for identifying "critical" ordinary watercourses and for assessing their condition, including flow capacities.
The Agency, in partnership with the Local Authorities and Internal Drainage Boards will agree methods of identifying those ordinary watercourses that are critical to the area through which they pass. The Local Authorities and Internal Drainage Boards using that definition will then identify and inspect the condition of those critical ordinary watercourses. The frequency of inspection should be risk based taking account of factors such as the status and nature of the critical ordinary watercourse.
1c - Coastal Defences
This section focuses on the coast and deals with coastal defences and their condition in a similar way to the defences on inland watercourses.
The Agency will inspect the condition of sea and coastal defences that protect low lying land from flooding from the sea. The Maritime Local Authorities will be responsible for inspecting the condition of:
- Coast protection works that solely protect the land from erosion or encroachment; and
- Coastal defences that are in their ownership and that, as well as protecting the land from erosion, provide a degree of protection from flooding.
The Agency will receive information on the condition of all coastal defences (both sea defences and coast protection works) and maintain this information on the National Flood and Coastal Defence Asset Database (see Section 1d).
1.d - National Flood and Coastal Defence Asset Database
In order to store and make easily available information collected on the condition of defences and watercourses the Agency will develop and maintain a national database. Amongst its other uses the Agency will use the database to provide reports as required, including to Ministers and for publication in the public arena.
2 - Assessment of Flood Risk
As well as being aware of the condition of defences it is important to know the risk associated with them, so the Agency will assess the flood risk associated with all sea and main river defences. In partnership with Local Authorities and Internal Drainage Boards the Agency will agree methods of assessing the standards of defence for ordinary watercourses and other coastal defences. These methods will then be used, with the assistance of the Local Authorities and Internal Drainage Boards, to assess the flood risk associated with all defences on critical ordinary watercourses and other coastal defences.
Where the assessed risk gives cause for concern the Agency, with assistance from Local Authorities and Internal Drainage Boards, will bring the concern to the owner's notice and seek to agree remedial actions.
In addition the Agency will investigate the causes of serious or repeated flood events on ordinary watercourses and identify potential solutions.
3 - Achievement of Defra High Level Targets
The Agency will receive information from Agency Regions, Internal Drainage Boards and Local Authorities on achievement of high level targets and provide Ministers with an annual report.
4 - Emergency Response to flooding incidents
The Agency, in partnership with Local Authorities and Internal Drainage Boards, will endeavour to provide flood warnings to those that need them efficiently and effectively and to ensure that efficient and effective emergency planning, operational and emergency response, incident management and aftercare is undertaken.
The Agency will lead in partnership with Local Authorities, Internal Drainage Boards, emergency services and others in producing and running a programme of flood emergency exercises at national, regional and local levels.
5 - Awareness of flood risk in the community
The Agency, in partnership with Local Authorities and Internal Drainage Boards, will agree and implement methods for raising and maintaining appropriate levels of public awareness within the community of flood risk.
6 - Future development proposals that have potential impact on flood risk
It is important that future housing or other building developments are not put in areas at risk of flooding or in such a place that they make an existing problem worse. For that reason the Agency will keep its guidance to local planning authorities under review and update as needed. Additionally the Agency, in partnership with Local Authorities, will report to Defra, the National Assembly for Wales and the Department for Communities and Local Government on the success of the Agency’s responses to development plans and planning applications, inter alia reporting where decisions have been against the Agency’s advice and on the inclusion or not of adequate flood risk statements in Local Authority Development Plans.
7 - Regulation of others
The Agency will produce annual statistics on applications for consent to carry out works on main rivers and ordinary watercourses and receive annual reports from Local Authorities and Internal Drainage Boards on the use of their statutory powers on ordinary watercourses.
8 - Application of conservation and environmental impact
The Agency will prepare Water Level Management Plans for those main rivers where one is needed, except where another operating authority has accepted responsibility, and give advice to help Local Authorities and Internal Drainage Boards prepare Water Level Management Plans for other sites where one is required.
The Agency will also report to Defra and the National Assembly for Wales on the preparation and implementation of Water Level Management Plans. The Agency will also report to Defra and the National Assembly for Wales on the impact of flood and coastal defence operations on habitats covered by national Biodiversity Action Plans.
Implementation
In considering its supervisory duty it has been the Agency’s intention to achieve supervision by consent and then to exercise its supervisory duty in partnership with the other operating authorities. In view of that, the Agency will set up a forum with the Association of Drainage Authorities to discuss the high level targets and the manner of implementation, in partnership, of the Agency’s supervisory duty. The Agency will also discuss the need for a similar forum with the Local Government Association.
It is intended that agreed guidance for IDBs and local authorities will be produced by April 2000, to complement the Defra targets.
Page last
modified: 29 June 2001
Page published: 29 June 2001