Written Question · S4W-13517 · Session 4
Whether it considers that the Scottish Environment Protection Agency’s adoption of a new watercourse management registration category (a) c…
The question
To ask the Scottish Government whether it considers that the Scottish Environment Protection Agency’s adoption of a new watercourse management registration category (a) could result in significant environmental effects, (b) constitutes a qualifying plan or programme for the purposes of the Environmental Assessment (Scotland) Act 2005 and (c) constitutes a qualifying plan or project for the purposes of the Conservation of Habitats and Species Regulations 2010 and (d) could affect the delivery of sustainable flood management, and what the reasons are for its position on this matter.
The answer
The recent heavy rainfall has highlighted that drainage of agricultural land presents several challenges in relation to environmental, economic and community interests. I believe that the procedural changes to the authorisation regime SEPA has made are a proportionate approach taking account of these interactions.
SEPA’s decisions, and their discussion with stakeholders and partner organisations such as Scottish Natural Heritage, have been underpinned by risk assessment. I have kept the Rural Affairs, Climate Change and Environment Committee informed of this work, particularly through my letters of 25 February 2013 and 6 March 2013.
SEPA uses registration for controlled activities under the Water Environment (Controlled Activities) (Scotland) Regulations 2011 that it considers do not normally pose a significant risk individually, but may contribute to a significant cumulative risk. SEPA's assessment is that this activity satisfies its criteria for authorisation by registration. This change only applies to existing straightened rivers with particular characteristics and does not apply universally to all watercourses. In addition the registration does not permit any works to straighten rivers.
SEPA does not consider that significant environmental effects could result by virtue of deciding to require prior authorisation in the form of a registration rather than a water use licence. Where it considers it necessary to protect the water environment, SEPA can and will refuse applications for authorisation by registration. Where it authorises the activity by registration, SEPA can and will impose such conditions as it considers necessary or expedient for the purposes of protection of the water environment.
The decision by SEPA to require prior authorisation for the activity by registration rather than by water use licence is procedural in nature. Such procedural changes do not affect the requirements for environmental impact assessment under any other legislation.
SEPA's decision on the form of prior authorisation required for the activity does not constitute a plan or programme for the purposes of the Environmental Assessment (Scotland) Act 2005. As such it does not require a strategic environmental assessment.
The Conservation of Habitats and Species Regulations 2010 relate to England and Wales and the Scottish legislation transposing the Birds and Habitats Directives is the Conservation (Natural Habitats &c.) Regulations 1994. SEPA does not believe the water use licence constitutes a plan or project under the 1994 Regulations. SEPA has advised the Scottish Government that it has considered the likely risk posed by the activity to European sites as well as to the ecological status of water bodies generally in making these procedural changes.
In terms of flood risk SEPA does not consider that its decision on the form of prior authorisation will affect the delivery of sustainable flood risk management or will affect flood risk in catchments. Where sediment has built up on the river bed, SEPA considers that the carrying out of the activity may in some circumstances reduce the frequency of flooding of the adjacent land. Straightening of rivers can contribute to elevated flood peaks in rivers further downstream. However, the activity only permits sediment management works in rivers that are already straightened. SEPA does not consider that this type of works is likely to have a significant effect on downstream flood risk.
SEPA’s decisions, and their discussion with stakeholders and partner organisations such as Scottish Natural Heritage, have been underpinned by risk assessment. I have kept the Rural Affairs, Climate Change and Environment Committee informed of this work, particularly through my letters of 25 February 2013 and 6 March 2013.
SEPA uses registration for controlled activities under the Water Environment (Controlled Activities) (Scotland) Regulations 2011 that it considers do not normally pose a significant risk individually, but may contribute to a significant cumulative risk. SEPA's assessment is that this activity satisfies its criteria for authorisation by registration. This change only applies to existing straightened rivers with particular characteristics and does not apply universally to all watercourses. In addition the registration does not permit any works to straighten rivers.
SEPA does not consider that significant environmental effects could result by virtue of deciding to require prior authorisation in the form of a registration rather than a water use licence. Where it considers it necessary to protect the water environment, SEPA can and will refuse applications for authorisation by registration. Where it authorises the activity by registration, SEPA can and will impose such conditions as it considers necessary or expedient for the purposes of protection of the water environment.
The decision by SEPA to require prior authorisation for the activity by registration rather than by water use licence is procedural in nature. Such procedural changes do not affect the requirements for environmental impact assessment under any other legislation.
SEPA's decision on the form of prior authorisation required for the activity does not constitute a plan or programme for the purposes of the Environmental Assessment (Scotland) Act 2005. As such it does not require a strategic environmental assessment.
The Conservation of Habitats and Species Regulations 2010 relate to England and Wales and the Scottish legislation transposing the Birds and Habitats Directives is the Conservation (Natural Habitats &c.) Regulations 1994. SEPA does not believe the water use licence constitutes a plan or project under the 1994 Regulations. SEPA has advised the Scottish Government that it has considered the likely risk posed by the activity to European sites as well as to the ecological status of water bodies generally in making these procedural changes.
In terms of flood risk SEPA does not consider that its decision on the form of prior authorisation will affect the delivery of sustainable flood risk management or will affect flood risk in catchments. Where sediment has built up on the river bed, SEPA considers that the carrying out of the activity may in some circumstances reduce the frequency of flooding of the adjacent land. Straightening of rivers can contribute to elevated flood peaks in rivers further downstream. However, the activity only permits sediment management works in rivers that are already straightened. SEPA does not consider that this type of works is likely to have a significant effect on downstream flood risk.
In the Official Report
No contribution in the Official Report cites S4W-13517 by reference.