River basin management planning in the Solway Tweed river basin district: guidance

Guidance for SEPA and the UK's Environment Agency on river basin management planning in the Solway Tweed river basin district (RBD).


3. JOINT WORKING TO SUPPORT RIVER BASIN MANAGEMENT PLANNING

In this section, the Scottish Ministers and the Secretary of State outline their expectations of SEPA and the EA in terms of the level of effort to be focused on joint delivery of functions underpinning river basin management planning in the Solway Tweed RBD.

The level of joint working needs to be commensurate with the desired outcome and the benefit it provides in terms of improvement to the environment and the ability to deliver the WFD requirements.

SEPA and the EA should share and exchange information to support a co-ordinated approach to river basin management planning and the implementation of the River Basin Management Plan for the RBD. In particular, the Agencies should agree approaches for the management of those water bodies that cross the Scottish-English border.

There are two levels of joint working:

Level of Joint Working

Description, when most likely applied

Integrated

SEPA and EA should align and use common procedures and methods to produce integrated outcomes (including documents) for stakeholders, submission to Ministers and the European Commission.

Coordinated

SEPA and EA should use their own procedures, methods and data systems but work together to share and transfer information and data to produce a joint outcome. This would recognise existing processes, plans and controls in Scotland and England for managing the water environment.

Sections 3.1 and 3.2 below identify the requirements on The Agencies' to undertake the appropriate level of joint working with respect to:

  • formal reports (section 3.1); and
  • critical functions (section 3.2).

The Agencies must plan and put in place the necessary level of joint working. The Agencies should advise their respective Ministers concurrently of any key issues that may detrimentally affect achieving the desired level of joint working, and suggest appropriate solutions.

The Agencies have set out their intentions for continued joint delivery of WFD requirements in the River Basin Planning Framework for the Solway Tweed River Basin District released in August 2006.

3.1 Formal reports

The transposing regulations set out key steps which must be met by the Agencies (summarised in Table 2). In addition the Agencies must support the submission of reports into the European Commission's reporting system (known as WISE 7 ) according to the timelines stated in the WFD.

The table below identifies both the formal reports required and the desired outcomes from joint working. It also recognises the need for reports to support assessing the implications of implementing the River Basin Management Plan in line with: the European Directive 2001/42 EC 'on the assessment of the effects of certain plans and programmes on the environment' (the Strategic Environment Assessment or SEA Directive); and Cabinet Office Requirements for Impact Assessment (refer http://www.cabinetoffice.gov.uk/regulation/ria/).

Table 3.1 Joint working to produce formal reports

Report

Level of joint working

Action/Outcome

Date to achieve desired level of joint working

Plan of Action

(Statement of steps and consultation measures)

Integrated

The Agencies must:

  • produce an integrated report on the high level structures (such as AAG and Forum) for engaging stakeholders, supported by a conflict resolution process;
  • review Plan of Action at the beginning of each river basin planning cycle.

By December 2006:

report released for consultation.

By December 2012:

revised Plan of Action for second river basin planning cycle.

Summary of significant water management issues

Coordinated (first cycle)

The Agencies must produce a summary report for the RBD, based on characterisation data and shared information held by SEPA, EA and other stakeholders.

By December 2007:

report released for consultation.

Integrated (second cycle and beyond)

The Agencies must produce an integrated summary report based on an agreed common methodology to characterisation and shared information held by SEPA, EA and other stakeholders.

By December 2013:

report released for consultation.

Draft River Basin Management Plan

Integrated

The Agencies must produce a single plan for the RBD with single set of objectives and summary programme of measures based on shared information held by SEPA, EA and other stakeholders.

By December 2008:

draft RBMP published for consultation.

River Basin Management Plan

Integrated

The Agencies must jointly make available to interested stakeholders the submitted RBMP when provided to the Ministers. Once approved the Agencies must jointly publish the approved RBMP.

The Agencies must report a single dataset for RBMP into WISE and advise the Ministers on any issues with respect to submission to Europe.

By September 2009:

RBMP submitted for approval.

By December 2009:

approved RBMP available to RBD stakeholders.

By March 2010:

data reported into WISE for Secretary of State to approve submission to European Commission.

Impact Assessment ( IA)

Integrated

The Agencies and relevant government officials in Scotland and England should agree a common process of development of the Impact Assessment for this RBD in line with Cabinet Office requirements.

This will draw on information from draft RBMP and supporting economic analysis undertaken in Scotland and England.

By December 2008:

partial RIA released concurrently with draft RBMP in 2008 for consultation.

By December 2009:

full RIA will be released with approved RBMP.

Strategic Environment Assessment ( SEA)

Integrated

The Agencies should conduct Strategic Environment Assessment in line with the

Environment Assessment of Plans and Programmes Regulations 2004 ( SI2004/1633) to:

  • integrated scoping report;
  • integrated Environment Report;
  • integrated SEA statement.

This will be conducted in line with the time-frames and commitments in the Plan of Action report.

By December 2007:

integrated scoping report provided to statutory consultees.

By December 2008:

single SEA report released concurrently with draft RBMP in 2008.

By December 2009:

SEA statement issued with revised RBMP in 2009.

River Basin Characterisation Report ( RBC)

Integrated

(second cycle and beyond)

The Agencies must update and report changes in characterisation data (including economic analysis of water use) for the Solway Tweed RBD.

By December 2016:

reported to European Commission as part of RBMP

3.2 Critical functions supporting river basin management planning

RBMPs include a series of components: classification, objectives and programme of measures. The high level framework and supporting principles for undertaking each component will be discussed at a UK level to aid consistent delivery of the Directive. Each administration will then take into consideration its legislative and policy environment when setting out how each component will be applied in their jurisdiction. In some cases, the Agencies may agree a more detailed common approach for the Solway Tweed RBD, which should be in place prior to release of the draft RBMP. The Agencies will need to collect the relevant information to support reporting on the results from classifying water bodies, setting objectives and defining programme of measures.

Table 3.2 Joint working to support river basin management planning processes

Process

Level of joint working

Outcome

Date to achieve desired level of joint working

Classification methods and classifying water bodies

(classification schemes and environmental standards and conditions)

Coordinated

The classification process will be developed on a UK basis but transposed on a Scotland and England basis.

The Agencies must coordinate the classification process in the Solway Tweed RBD and jointly classify water bodies that straddle the border.

SEPA and EA must take account of any relevant statutory/policy mechanisms in Scotland and England respectively which define application of UK biological classification schemes and environmental standards and conditions.

By June 2008:

inclusion of provisional classification results information in the draft RBMP.

Setting objectives

Coordinated

The Agencies must share information on and agree objectives for cross-border water bodies.

The Agencies must take account of objective setting processes set out for Europe, UK, Scotland and England. Underpinning procedures to set objectives must be compatible and comparable.

Economic analysis supporting objective-setting in Scotland and England approaches will be based on common principles. There may be some differences in application due to procedures and base-line information collected in line with existing legislative requirements.

By June 2008:

inclusion of provisional objectives in the draft RBMP.

Developing programme of measures

Coordinated

The development of a programme of measures must be as co-ordinated as possible for the whole RBD.

The programme of measures must be compatible where there are shared water bodies or water bodies that straddle the national boundary. In such circumstances the Agencies should work together to develop a single set of appropriate measures. This will aid reporting of the summary of Programme of Measures in the draft RBMP. The information provided should be at an appropriate level of detail and comparable across the RBD.

The Agencies must utilise available regulatory and other mechanisms in Scotland and England pertaining to the respective area of Solway Tweed RBD. The Agencies should actively encourage opportunities for partnership initiatives to deliver the RBMP.

By June 2008:

inclusion of proposed programme of measures in the draft RBMP.

Coordinated

The Agencies should agree an approach for future review of the effectiveness of the programme of measures (including possible amendment to monitoring networks).

By March 2012:
agree approach to review of RBMP and monitoring programme in preparation for second RBMP.

Wider planning

Coordinated

The Agencies should work with other public bodies to encourage better co-ordination between the various planning systems (e.g. land-use, sustainable development and community planning) as part of the development of the RBMP and future revisions.

By December 2008:
arrangements in place to inform development of first draft RBMP.

Monitoring programme

Coordinated

The Agencies must agree and coordinate procedure for maintenance of monitoring network.

By September 2007:

procedures in place to meet ongoing requirement.

Integrated

The Agencies must present joined up monitoring networks for Solway Tweed RBD.

By September 2007:

publish network on web-site for Solway Tweed RBD.

Coordinated

The Agencies must agree the methodology to review the monitoring network for second river basin planning cycle.

By March 2012:

agree approach to review of RBMP and monitoring programme.

River Basin Characterisation Report ( RBC)

Coordinated

(second cycle and beyond)

The Agencies should:

  • have an agreed common methodology for characterisation in second river basin planning cycle.
  • have improved coordination of data systems for assessing the state of the environment, pressures and risks to water bodies reporting and economic analysis of water use.

This will recognise and take account of differences in supporting information and systems in Agencies.

By December 2009:

systems in place to support review of characterisation for second river basin planning cycle.

Data management and reporting

Coordinated (data collection and approaches)

Integrated

(reporting)

The Agencies should move towards co-ordinated presentation and management of information related to the Solway Tweed RBD. This includes development and maintenance of single data repository for critical elements, including but not limited to:

  • water bodies;
  • risk to water bodies;
  • monitoring network and summary of monitoring programme;
  • summary of classification of each water body;
  • summary of objectives for each water body;
  • summary of Programme of Measures.

Where appropriate, this information should be available to stakeholders.

By June 2008:

data repository will include information and maps for inclusion in the RBMP.

By December 2009:

data repository will include information and maps for inclusion in final RBMP.

By March 2010:

reporting of data into WISE for Secretary of State approval to submit to European Commission.

Contact

Email: ceu@gov.scot

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