Natural Environment and Rural Communities Bill

This amendment seeks to introduce a new clause to enhance the Environment Agency’s capacity to deliver water quality and wetland biodiversity improvements under the Water Resources Act 1991. Clause 92 amends the existing powers of drainage bodies so that, when making land drainage by-laws or taking decisions under such by-laws, they are able to take proper account of the environmental effects. This amendment is not related to the by-law power but is designed, as the noble Baroness has told us, to extend the Environment Agency’s general flood defence powers so it can protect and restore wetland and aquatic biodiversity. I fully understand the rationale for this in relation to the Environment Agency’s role in implementing the Water Framework Directive. There are certainly challenges to be faced in implementing that directive regarding requirements for measures to control impacts resulting from hydromorphological changes, including those associated with flood defence and land drainage. However, we believe, rather like the Environment Agency, that the proposals tabled by the noble Baroness have come forward too early. We think that more thorough consideration is needed of whatever gaps in current legislation may need to be filled in order to implement the directive. We need to look at this holistically. In implementing the requirements of the directive, Defra and the Environment Agency are undertaking work in relation to hydromorphology, including possible need for legislative change. The Environment Agency is considering the ecological impacts which may result from hydromorphological changes—including those resulting from flood defence and land drainage—as well as from other activities such as navigation, development and agriculture. At the same time, Defra is considering how the current controls can be used to address those impacts and achieve directive objectives. These two elements will be brought together in developing proposals for any new or amended measures, including any legislative changes. Rather than take a piecemeal approach to legislation, we need to consider together all flood defence and land drainage legislation, including the legislation under which bodies other than the Environment Agency—that is, local authorities and internal drainage boards—operate. We need also to consider other policy developments including the cross Government Strategy on Flood and Coastal Erosion Risk Management—Making Space for Water—and there is also the possibility of the European Directive on Flood Management. Defra intends to consult on measures in relation to hydromorphological impacts in late 2006, including the need for new or amended powers. Any new powers would have to be established by December 2009. In the meantime, I should point out that the EA has powers to carry out work which creates environmental enhancements. Although not strictly related to river management, one good example—the noble Baroness may know it—is the recent Defra grant-aided Alkborough scheme along the Humber Estuary. Estimated to cost over £11 million, this significant project will see the existing tidal defences realigned, creating some 170 hectares of new inter-tidal habitat and 200 hectares of assorted other natural habitats. This clearly demonstrates that the powers in Section 165 of the Water Resources Act can be exercised in certain circumstances for conservation purposes. The EA has a general duty to promote the conservation and enhancement of the natural beauty and amenity of inland and coastal waters and of land associated with such water, and to promote the conservation of flora and fauna which are dependent on an aquatic environment. It also has a duty (under Section 7 of the Environment Act 1995), in formulating or considering any proposal relating to any of its functions, to take into account the effect which its proposals would have on the beauty or amenity of any rural area or on any flora or fauna. But the powers proposed here are extremely wide, and it is not clear how they would relate to the words ““in connection with a main river”” with which Section 165(1) is prefaced. The Government are committed to the implementation of all aspects of the Water Framework Directive and in so doing will consider, among other things, making any necessary amendments to flood defence legislation. With that assurance, and while appreciating the positive motive behind the amendment, I invite the noble Baroness to withdraw this amendment.