The Office for Environmental Protection

Progress towards improving the environment has slowed with government still largely off track in achieving its legal environmental commitments, our latest annual progress assessment has found. Read more about our report 👉 https://bit.ly/4hj23Kw

This Government has the chance to get on track to meet legal environmental commitments – but the window of opportunity is closing fast, we warn in our latest annual progress report found here 👉 https://bit.ly/4hj23Kw. Progress towards improving the environment has slowed with government still largely off track in achieving its legal environmental commitments, we have found in our latest annual assessment.   Our report, published today (Thursday, 16 Jan) provides an assessment of progress towards legally-binding environment targets, commitments and goals (including those in the statutory Environmental Improvement Plan (EIP)) such as obligations to halt declines in water, air quality and nature. The report covers the period 1 April 2023 to 31 March 2024.  We conclude that while there have been some areas of improvement, very substantial challenges remain with less progress being made overall compared to the previous 12 months. Government is still largely off track to achieve obligations endorsed by Parliament to significantly improve the natural environment.   Key deadlines are fast approaching. There is still opportunity for this government to catch up and to get on track, and to change the trajectory we are on. To do so, urgent and decisive action is needed, we say.    The report also warns that unless things change materially, key targets, such as the 30 by 30 target for land and sea will not be met.  Our chair Dame Glenys Stacey, said: “Once again, our annual EIP progress report is a worrying read. Due to the reporting cycle, it assesses the progress made under the previous government, but our recommendations and advice still very much apply to the current government as it must deal with mounting environmental challenges. “However, prospects are not fixed. There are opportunities for this government to get on track.    “But with each passing month, the window of opportunity to redress environmental harms is closing, while the effort needed and cost to do so increases." Read more about our report https://bit.ly/4hj23Kw    

We have launched an investigation into Defra in relation to a suspected failure to take the necessary measures to achieve or maintain Good Environmental Status (GES) of marine waters by the statutory deadline. Under the Marine Strategy Regulations 2010, the statutory deadline for GES to be achieved was 31 December 2020. The OEP believes that the available evidence indicates that this key target was not met. Helen Venn, the OEP’s Chief Regulatory Officer, said: “Most recently, the deadline for an updated report on the UK Marine Strategy passed on 20 December 2024, with no update appearing. “Therefore, Defra has not yet set out its formal assessment confirming whether or not the 2020 deadline has been missed. If this deadline was missed, we have seen no clear plan to ensure that GES is achieved as soon as possible. “Our investigation seeks to ensure accountability for the suspected failure to take the necessary measures to achieve GES of marine waters by 31 December 2020, and if that failure has occurred, ensure that it is addressed as soon as possible through the introduction and implementation of an evidenced, resourced and timebound delivery plan.”   The investigation is being carried out under s.33(2) Environment Act 2021 into the Secretary of State for Environment, Food and Rural Affairs, regarding their suspected failure to take the necessary measures to achieve or maintain good environmental status of marine waters within the marine strategy area by 31 December 2020 under regulation 4(1) of the Marine Strategy Regulations 2010. 

In our latest blog, written by Ellie Strike, OEP's Head of Regulatory Programmes, we explore the barriers and enablers faced by Responsible Authorities creating Local Nature Recovery Strategies. Blog – barriers and enablers faced by Responsible Authorities creating Local Nature Recovery Strategies Back in September, we published our first OEP blog, where I talked about our work on Local Nature Recovery Strategies (LNRS) – looking at their role in achieving government's ambitions for nature's recovery. Since then, we've been busy gathering evidence from 37 of the 48 responsible authorities (RAs) and about 40 other stakeholders involved in LNRS. Through this engagement, we've learned a lot about the experiences of those tasked with creating these strategies, including the challenges they've faced and those things that have helped along the way. We’re grateful to those who’ve participated so generously in our work, both in terms of time and in sharing their experiences. It is clear to see that there is real passion and dedication from many people involved in creating LNRS, and it is impressive to see how much has already been accomplished. In this blog, I share some of the insights we've gathered from talking to RA’s in relation to the challenges faced. While this is a summary and not exhaustive, we hope it will raise awareness of these issues while many LNRS are still in development. In a future blog we will look at enablers and some of the solutions to these challenges. A more detailed analysis, including findings and recommendations, will be provided in our full report to Parliament next year. We've grouped what we’ve heard so far into five broad themes: 1. guidance & advice 2. data & evidence 3. mapping 4. resources & timescales 5. stakeholder engagement Read more of the blog on our website 👉 https://bit.ly/3BvbPKy

We have concluded that there have been failures to comply with environmental law by the Department for Environment, Food and Rural Affairs (Defra), the Environment Agency (EA) and Ofwat following an investigation into the regulation of network combined sewer overflows (CSOs).     We have sent each of the public authorities a decision notice setting out its findings and the steps that it considers should be taken to put matters right. The public authorities now have two months to respond and confirm whether they are going to take those steps. Failure to do so could result in court action.  Helen Venn, the OEP’s Chief Regulatory Officer, said: “During our investigation into the regulation of network CSOs by the three public authorities and intensive engagement with those bodies, we have seen positive steps taken to address the issues identified.  “These steps build on the production of the Storm Overflow Discharge Reduction Plan (SODRP) and include Defra's recent consultation on updated guidance for regulators and water companies, as well as the EA's consultation on an updated Storm Overflow Assessment Framework (SOAF), which includes permit conditions relating to spills from CSOs. Additionally, Ofwat has issued draft enforcement orders to three water companies and continues its investigations into all other water companies. “The core issue identified in our investigation is the circumstances in which the regulatory system allows untreated sewage discharges to take place. We interpret the law to mean that they should generally be permitted only in exceptional circumstances, such as during unusually heavy rainfall. This is unless an assessment of the CSO concludes that the costs to address the issue would be disproportionate to the benefits gained. While the public authorities are now taking steps to ensure their approaches are aligned and reflective of the law, we have found that this has not always been the case. The decision notices formally clarify what we have concluded is required.  “We will decide next steps when we have considered the responses to these decision notices. That could include court action.” Our full statement can be read here: https://lnkd.in/eHzdm-7K

We believe Defra may have failed to comply with a number of environmental laws when granting emergency authorisations for use of the Cruiser SB pesticide on sugar beet in 2023 and 2024. We have given an Information Notice setting out the details of the alleged failures and Defra has two months to respond. https://bit.ly/4fQGqkp 

Our Strategy and Enforcement Policy sets out how the OEP aims to protect and improve the environment, by holding government and other public authorities to account. It explains what we aim to achieve, and how we approach our work – including the values we uphold, and how we work with others.  We have recently consulted with stakeholders and revised the strategy we first set in 2022. You can read more about it here ➡️ https://bit.ly/3ZsTqXF

Updating Bathing Water Regulations would better protect the public, says OEP    The regulations in place to protect people swimming in rivers and lakes in Northern Ireland could better protect the public if they were updated, a report by the Office for Environmental Protection has concluded.   The report finds that the regulatory regime in place is being followed but it is outdated as the regulatory requirements have not kept pace with the changing ways in which society uses rivers, lakes and coastal waters for recreation.   The report says that the regulations focus on swimming, and any future review should consider expanding that to include surfing paddle-boarding, wind-surfing and the like. The regulations also focus on a fixed ‘bathing season,’ which does not reflect the year-round nature of the activities.  Any review should also consider the approach to sampling water quality, with a view to increasing the number of sample points on long stretches of water and being more open about monitoring decisions.  A separate and recent OEP report on a related topic, the implementation of the Water Framework Directive NI Regulations found that progress is not on track to meet the environmental objectives set for most identified waters. This is due to a range of factors including a lack of clear objectives, or specific and certain measures to achieve those objectives.  Bathing waters have the status of ‘protected areas’ under the WFD NI Regulations. Despite this, the OEP finds the same implementation issues apply to them too. There is a lack of site-specific information on measures to meet the required standards, and no clear indication for what overall levels of bathing water quality DAERA aims for or expects to achieve.  Dame Glenys Stacey, Chair of the OEP, said: “Healthy rivers, lakes, and seas support a healthy economy, and allow nature to thrive. Good quality open water is also increasingly important for human health. With more people participating in outdoor water pursuits, it is ever more necessary to make sure that enjoying Northern Ireland’s waters is not just fun, but good for us, rather than a risk to our health and wellbeing.  “We have taken an in-depth look at the Bathing Water NI Regulations and found that they have fallen out of step with the needs of today. They originate from developments in the 1970s and 1980s and have not kept pace with the evolving ways in which waters are now used for recreational purposes, or with public expectations." She added: "For the public to be better protected and enjoy the significant health and wellbeing advantages of being active, closer to nature and more connected to their communities, the regulatory regime needs to be more expansive and more effective.” The report makes 11 recommendations to DAERA. Read more on the report 👉 https://bit.ly/3OjgBgV

It has been confirmed that we now have permission to intervene in a case which could help clarify how Government departments should consider environmental issues in policy making. See our statement here ➡️ https://bit.ly/4fRFJaj

OEP launches investigation into lawfulness of government guidance on water pollution from agriculture The Office for Environmental Protection (OEP) has launched an investigation into the government’s Statutory Guidance on applying the Farming Rules for Water (FRfW).  These regulations aim to reduce and prevent water pollution from agriculture by requiring farmers to plan the application of organic manure and manufactured fertiliser so that it does not exceed the needs of the soil and crop. Defra issued Statutory Guidance in 2022 setting out criteria the Environment Agency should consider when assessing whether it should take enforcement action under the FRfW. Helen Venn, the OEP’s Chief Regulatory Officer, said: “Our investigation will seek to clarify whether Defra failed to comply with environmental law by issuing and continuing to make public the Statutory Guidance to its regulator on its enforcement of the Farming Rules for Water. “The OEP believes that the Statutory Guidance may be unlawful as some of the wording is not consistent with the regulations themselves. This guidance is likely to be relied upon by farmers and may therefore lead to breaches of the regulations when applying manure or fertiliser to the land. “Alongside launching this investigation, we have issued an Information Notice to the Secretary of State setting out the details of these possible failures. We will wait to see their formal response to that Notice before deciding next steps.  “We are aware that a great deal of work is now underway to address concerns about water quality, including most notably the Water Commission recently announced by Defra. We hope that clarifying the law around this guidance will make an important contribution as part of that bigger picture.” The investigation follows a complaint received by the OEP from WWF-UK and ClientEarth regarding the Statutory Guidance.