The Government is progressing further work on on the joint reservoir safety reform programme curently being implemented by the Department for Environment, Food and Rural Affairs (Defra) and the Environment Agency (EA).

In July 2022 the Government accepted recommendations set out in Professor David Balmforth’s reservoir review: part B. The review, which covered England only, recommended a programme of reform that includes:

• a better and more proportionate risk-based approach
• improving safety practice
• strengthening roles and responsibilities for owners, engineers, and the regulator
• modernising the legal framework

The reform programme is being delivered over several years which involves implementing the recommendations through a mix of:

• guidance
• secondary legislation
• new primary legislation to modernise the Reservoirs Act 1975, if parliamentary time allows

Photo: damaged spillway at Toddbrook reservoir

The latest programme update outlines four main reasons for improving the reservoir safety system, including:

• the Toddbrook reservoir failure incident
• more extreme periods of drier and wetter weather  due to climate change which are increasing the pressures on reservoir infrastructure and demand for reservoirs and water resources.
• the need to update many reservoir safety requirements introduced in 1975 which have not been updated in line with modern safety management practice in other sectors.
• the need to meet the growing demand for engineers in future 

Looking ahead, some new reforms in the shape of secondary legislation will be created under existing acts of parliament.

The Government also intends to develop primary legislation - if parliamentary time allows, a new specific reservoir safety bill will be created. Further secondary legislation will then be created and implement following the creation of the new bill (primary legislation).

The update sets out the following main areas for further reform:

1. Hazard classification and risk assessment

The aim is to develop and introduce a new hazard classification for reservoir safety. The purpose of this is to support a modern safety regime for reservoir safety in England. The Government is planning to develop a new hazard classification which works for both small and large raised reservoirs and better reflects the level of risk.

2. Creating a more modern approach to hazard management

Features of this will include a continuous safety improvement culture, where risks are managed on an ‘as low as reasonably practical’ (ALARP) basis at all times. The new classification will replace the current ‘high risk’ or ‘not high-risk’ classification in the Reservoirs Act 1975.

3. Improving the supply and capacity of reservoir safety engineers

This will include clarifying the role and responsibilities of supervising and inspecting engineers, along with that of engineer panels. With regard to the future supply of reservoir engineers, the Government’s aim is to improve the sustainability of reservoir engineering as a profession, with robust training and employing a more diverse group of people.

According to the Government there is a need for a functioning commercial market with sufficient panel engineers available to inspect all types of reservoirs. This will include encouraging collaboration between small organisations where they can jointly procure reservoir safety engineer services for all of their assets.

4. Updating the approach to regulation and enforcement

This reform will introduce a stronger regulatory role for the Environment Agency in assessing and challenging engineer’s performance and reports. It will provide assurance and ensure the spot-checking of owners’ activities.

The Government will consult on and develop a proportionate charging scheme for the EA’s reservoir regulation tasks. This will be similar to other regulated sectors where more of the costs of regulation are paid by the regulated sectors rather than taxpayers.

5. Civil sanctions

The Government intends to develop and consult on a range of civil sanction options for a range of reservoir safety offences e.g. financial penalties or enforcement notices.

6. Records, registers and management plans

There are recommendations for a range of changes to documents and reporting processes, including:

• EA reporting on reservoir safety regulation annually rather than every 2 years
• improving reporting of incidents and near misses
• introducing a more modern, online, approach to the public register
• introducing arrangements for reservoir owners to have a ‘reservoir safety management plan’ which brings together in one place various bits of information which are currently in several different documents

Initial areas of engagement

Defra and the EA are planning to carry out a range of consultations and stakeholder engagement in spring 2023.

In addition, Post Implementation Reviews - a statutory requirement undertaken every 5 years to review the effectiveness of secondary legislation - will look at two sets of regulations, with the aim of publishing the reviews in summer 2023.

Defra and the EA are already engaging with a number existing forums and communications routes, including:

• the ICE Panel Engineers Committee
• National Farmers Union water for food group
• Angling Trust Network
• Water Company Utility Group
• Major Reservoir Owners Group

Other interested stakeholders are invited to send any views or questions to the Environment Agency, National Reservoir Safety Team at This e-mail address is being protected from spambots. You need JavaScript enabled to view it