Land Drainage

Environment Food and Rural Affairs written question – answered at on 28 October 2002.

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Photo of Ms Helen Clark Ms Helen Clark Labour, Peterborough

To ask the Secretary of State for Environment, Food and Rural Affairs what mechanisms she is using to monitor the conservation duty on internal drainage boards in the Land Drainage Act 1994; and what action she is taking to enforce this duty.

Photo of Elliot Morley Elliot Morley Parliamentary Under-Secretary, Department for Environment, Food and Rural Affairs

In November 1999, following Ministerial agreement with the Environment Agency, the Local Government Association and the Association of Drainage Authorities, the Government published a number of High Level Targets (HLT) for flood and coastal defence operating authorities. These targets were adopted by Defra on its creation in June 2001.

High Level Target 1 requires all flood and coastal defence operating authorities to produce a publicly available policy statement setting out plans for delivering the Government's policy aims and objectives. Section 2.3 of Defra's guidance on preparing these policy statements requires internal drainage boards to state in their policy how they will comply with statutory environmental obligations and contribute to relevant biodiversity targets.

HLT9 and 10 are designed to ensure that all operating authorities meet their obligation to 'further the conservation and enhancement of natural beauty and the conservation of flora, fauna and geological or physiographical features of special interest' as required under Section 61A of the Land Drainage Act 1994.

HLT9 requires all operating authorities, in addition to their statutory obligations when carrying out flood and coastal defence works, to aim:

to avoid damage to environmental interest; to ensure no net loss to habitats covered by Biodiversity Action Plans (BAP habitats); and to seek opportunities for environmental enhancement.

They are further required to report all losses and gains of BAP habitats resulting from their flood and coastal defence operations to the Environment Agency. The agency report on the collated information annually to Defra.

Under HLT10, all operating authorities are required to complete and implement Water Level Management Plans, in partnership with English Nature, for sites designated under the European birds and habitats directives and for sites of special scientific interest. The Environment Agency is required to report annually to Defra on operating authorities' progress in implementing and reviewing WLMPs against their published programme.

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