The Environment Agency (EA) has  published a policy paper explaining its decision not to carry out strategic environmental assessments for the third cycle of river basin management plans (RBMPs).

The current plans were published in February 2016 and must be reviewed and updated every 6 years. The Agency has found that the plans are unlikely to have significant effects on the environment and that as such, they do not intend to carry out an environmental assessment and prepare an environmental report for the for the third cycle of RBMPs.

According to the EA, the statutory strategic environmental assessment (SEA) undertaken on the first and second cycle river basin management plans (RBMPs).concluded mainly positive environmental effects. The EA has now decided to screen out a strategic environmental assessment based on the justification that only minor modifications will required to the existing river basin management plans.

The second cycle RBMPs are currently being reviewed and updated before the publication of the third cycle of RBMPs.

The Environment Agency is responsible for reviewing and updating RBMPs for 7 RBDs in England:

• Anglian RBD
• Humber RBD
• Northumbria RBD
• North West RBD
• South East RBD
• South West RBD
• Thames RBD

The Agency also leads on the RBMP for the Severn RBD which crosses the border with Wales.

The third cycle RBMPs will outline the changes that have taken place since 2016 and what is proposed from 2021 onwards. The plans will undergo a formal 6 month consultation to be launched in 2021. The plans will then be finalised before being approved by the Secretary of State.

Most significant change to third cycle RBMPs will result from PR19 water company investment programmes

According to the EA, the most significant change to the measures in the third cycle RBMPs will result from the price review 2019 (PR19) and the development of the Water Industry National Environment Programme (WINEP). Schemes in the WINEP will be implemented between 2020 and 2024.

Water industry funded measures form around 80% of the expected investment in realising RBMP objectives - however, they make up only 20% of measures in the RBMPs

The Agency said that as a result of the review there will be an 8% increase in investment being made by the water companies in the environment. The increased investment will lead to 22 more operational catchments aiming to achieve ‘good’ status objectives instead of less stringent ‘alternative’ objectives.

For PR19, 170 out of 335 catchment economic appraisals were reviewed. The review resulted in 11% of appraisals being updated to achieve a different outcome to that identified in the second cycle RBMP. 8% of catchment appraisal outcomes were changed from ‘alternative’ to ‘good’. This was due to new evidence that the measures to achieve ‘good’ status were now cost beneficial. 3% of catchment appraisal outcomes were changed from ‘good’ to ‘alternative’. This was due to new evidence that the measures to achieve ‘good’ status were now disproportionately expensive and a new cost beneficial ‘alternative’ was identified.

Where measures are new or changing for less than 10% of water bodies, they will be considered minor modifications to the RBMPs. On this basis, the water industry funded measures would only result in minor modifications to all RBMPs, except for the Severn RBD.

Table 1 – SEA screening analysis and results for PR19 WINEP measures

STW: sewage treatment works, WWTW: waste water treatment works

From the results presented in Table 1, the Agency said it is apparent that the vast majority of WINEP measures are concerned with water quality improvements associated with phosphorus discharge limits.

Phosphorus has already been identified and assessed in previous rounds of river basin management planning with measures determined to be environmentally beneficial. Although the new improvement measures will lead to a water quality improvement within the RBD they do not constitute a significant change that requires further assessment from previous cycles of RBMPs. The Agency has concluded that new WINEP measures alone do not trigger the need for SEA and will be screened out as minor modifications.

Changes to measures in the flood and coastal erosion risk management (FCERM) programme

The flood risk management plans (FRMPs) for each RBD are currently in the process of being updated. Strategic environmental assessment is being undertaken for the FRMPs and will include the cumulative effects of other plans, including the RBMPs. The Agency said that natural flood management measures will be incorporated into the FCERM programme and will no longer be a stand-alone delivery programme.

Currently, the Environment Agency knows there will be changes to measures for the water industry and FCERM programmes – assessment of the FCERM measures will be covered by the SEAs for the Flood Risk Management Plans. However, the Agency has little indication of whether there will be changes to other programmes covered by the RBMPs.

The Agency will review the screening decision once changes to policies, plans and programmes resulting from EU Exit and new legislation and the influence the changes will have on measures within the RBMPs becomes clear.

The SEA screening decision for each RBMP will be reviewed following their initial assessment under the habitats regulations. If a RBMP is likely to result in significant effects on a European site requiring an appropriate assessment under the habitats regulations, then a statutory SEA will be required.

The Environment Agency is now consulting with the following statutory consultees on their proposed screening decision:

• Natural England
• Historic England
• Natural Resources Wales
• CADW
• Scottish Government
• Scottish Environment Protection Agency
• Scottish Natural Heritage
• Historic Environment Scotland

The EA is also seeking comments from other organisations and stakeholders – deadline to submit responses by email to the Agency is 14 May 2021. Click here for more information.