Deeply concerning’ failures to properly implement regulations designed to protect rivers, lakes and coastal waters in England mean key targets for improvement will be missed, a 180 page detailed and highly critical report by the Office for Environmental Protection (OEP) has found.

 The OEP carried out a review of the key legislation regarding water quality - the Water Framework Directive (WFD) Regulations for England - and how they are being implemented by Defra and the Environment Agency (EA) through River Basin Management Planning (RBMP).

Introducing the review, the regulator says there is an integrated, evidence-based regime in place to assess the state of the water environment, set objectives and implement measures to drive the necessary improvements.

However, while the OEP believes the underlying approach of the regime is “broadly sound, it is not being implemented effectively and is far from delivering as it should.” The report looks in detail at the reasons why “progress has been so faltering.”

In the course of preparing the report, the OEP has also identified a number of areas where the Government and the EA may not have complied with the requirements of the regulations, including:

• the setting of Environmental Objectives for water bodies with clear ‘low confidence’;
• the lack of specific information showing when and how objectives for individual water bodies will be met;
• the justification of approved ‘exemptions’ from the objectives in the regulations;
• issues of public participation and consultation.

THE OEP is currently also progressing a separate investigation into possible failures by Defra, the EA and Ofwat to comply with environmental law in regard to combined sewer overflows.

Government not on track to meet Environmental Objectives

The post-Brexit environmental watchdog is warning that the Government is not on track to meet the Environmental Objectives it has set under the regulations, commenting:

“We are particularly concerned about the Environmental Objectives with a 2027 deadline. The measures in place and planned and the funds committed are not yet close to being enough to meet these outcomes for most water bodies. Without significant additional action and resources, applied with pace and ambition, they appear likely to be missed by a large margin.”

The OEP finds that most of England’s water bodies are in an unsatisfactory state -the pace of change has stalled and only 16% of surface waters currently meet the WFD Regulations’ objectives of ‘Good Ecological Status’ or ‘Good Ecological Potential’. Not only has there been little overall positive change in the state of water bodies in recent years, there has also been some apparent regression, the report says.

According to the OEP, recent assessments of the condition of rivers, lakes and other surface waters show that over four in five are not in good ecological condition, or on a trajectory towards it, with “little change in recent years, despite measures designed to improve matters.”

The report finds that Government and the Environment Agency (EA) are currently not on track to meet the Environmental Objectives. The OEP’s worst case assessment would see just 21% of surface waters in Good Ecological state by 2027, representing only a 5% improvement on the current situation. The worst-case assessment would see just 21% of surface waters in this state by 2027, representing only a 5% improvement on the current situation. This would “fall far short” of the outcomes to which Government and the Environment Agency have committed under environmental law, highlighting the need for “urgent additional action” to maximise environmental improvements and the likelihood of achieving the 2027 objectives.

“Overall, therefore, we see a significant need to strengthen how environmental law on water is applied to increase its effectiveness and support Government’s wider goals and targets. We encourage Government to pursue the major reset that we believe is required as it takes forward its ‘Plan for Water’” the OEP says.

Insufficient investment in measures to address all major pressures

The report says progress is being impeded by a range of further factors, with insufficient investment in measures to address all major pressures flagged up throughout the report.

On the level of investment needed, the report says “strikingly”, the level of planned investment up to 2027 is only approximately 12% of that required to implement the Programmes of Measures, commenting:

“The EA has calculated a cost of £51 billion to achieve the Environmental Objectives, providing £64 billion in monetisable benefits. However, confirmed funding of only £6.2 billion is just 12% of that required. Significant further investment in the water industry is expected, to implement the storm overflows discharge reduction plan and through the 2025-2030 price review. However, the amount, pace and contribution of these investments towards the Environmental Objectives are not fully yet known.”

 Effectiveness of implementation of the Water Framework Directive Regulations

With regard to the effectiveness of implementation of the WFD Regulations, the report says there is a major reliance on actions by water companies to realise improvements. The OEP points out that the water industry (and therefore bill payers) are the main contributor, providing almost three quarters of the investment commitments.

“However, that figure represents less than half of the investment needed in that sector,” the OEP says, concluding that there is “significant under-investment” in the planned measures, including those necessary to achieve 2027 outcomes. According to the OEP, this supports the conclusion that, “without significant further investment, the Environmental Objectives in the RBMPs cannot be met by the extended deadline of 2027.”

The regulator is warning that the funding element allocated in AMP8 to measures for achieving the Environmental Objectives would have to be very significant, applied rapidly and in a targeted way to tackle major pressures, to assist with progress towards meeting the 2027 Environmental Objectives.

The report says that for the purposes of the WFD Regulations, the investment in storm overflows only addresses a small part of the problem. The OEP is warning that other water pressures are causing bigger environmental problems than storm overflows. However, these other pressures are not receiving the same attention or resources to meet the Environmental Objectives as required by law, or to achieve the related EIP23 goals and Environment Act targets.

“With the exception of the Storm Overflows Discharge Reduction Plan, the new funding in the Plan for Water still appears to be an order of magnitude less than that needed for the RBMPs to address the main pressures,” the report says.

Report sets out 15 recommendations to increase prospects of protecting and improving water environment

The OEP has made 15 recommendations in the report to Defra and the Environment Agency designed to increase the prospects of protecting and improving the water environment.

To maximise environmental improvements and the likelihood of meeting the Environmental Objectives, the report highlights the need for Government and the EA to identify additional practical and specific measures with committed funding which should be implemented “with certainty and at pace”.

The OEP is recommending that Government and the EA prepare an updated economic analysis and assessment of investment requirements for the RBMPs.

The regulator is also calling for “stronger leadership and ownership by Government” of how the WFD Regulations are applied, together with involving all the main players in a more effective way, including Defra, the EA, Natural England, Ofwat, water companies, the farming sector and local, planning and highways authorities.

OEP Chair warns “deeply concerning” most open water likely to remain in a poor state years ahead

Dame Glenys Stacey, Chair of the Office for Environmental Protection said:

“We have found that, while the relevant law here is broadly sound, it is simply not being implemented effectively. This means it is not delivering as intended and, as a consequence, most of our open water is likely to remain in a poor state in the years ahead unless things change. This is deeply concerning.

“While we know that there are dedicated and professional people working hard to improve the condition of our rivers, as in so many other aspects of the environment, government must now ensure substantial funding for a wider range of specific action, at pace and with ambition. Without such measures, we assess that the commitment by Government and the Environment Agency to bring 77% of surface water bodies to a good ecological condition by 2027 will be missed by a considerable margin.

“There is a significant need to strengthen how environmental law on water is applied to make sure it is working effectively and is making the important contribution that it needs to to achieving Government’s wider goals and targets. There is a particularly urgent need for additional measures to be in place and for measures to be targeted at a local level, if there is to be any hope of achieving the 2027 targets. Government must speed up and scale up its efforts to protect and improve our waters.”

“We now await Government’s response to the report, which must be laid before Parliament within three months. This gives Government a chance to set out its own view on these issues and any action it intends to take. Once we have seen that response and any further relevant information, we will decide what further steps may need to be taken.”

Click here to download A review of implementation of the Water Framework Directive Regulations and River Basin Management Planning in England