The Office for Environmental Protection

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. 

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Our latest report looks at the implementation of the Bathing Waters Regulations in England. We concluded that the regulations are being implemented, but could be updated to better reflect how people are now using rivers, lakes and coastal waters for recreation. Our report says that the regulations focus on swimming, and any future review should consider expanding that to include surfers, paddle-boarders, wind-surfers 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 making sure that the locations and number of sampling points provides a representative assessment of the health risks, particularly at larger sites, says the report. Ways of improving communication to the public using the sites should also be considered. Dame Glenys Stacey, Chair of the OEP, said: “We have found the current Bathing Water Regulations out of step with the needs of today. “It is fair to say that the regulations have led to significant improvements in bathing water quality since they were introduced around three decades ago, and we can see that important elements of the regulations – monitoring, classification and reporting requirements – are being implemented. “But the lack of overall improvement in water quality observed in recent years, combined with an increase in the number of bathing water sites failing to achieve sufficient standards, is a cause for concern and has been widely reported. “For the public to be better protected, and to 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 12 recommendations to Defra and the Environment Agency. Defra has launched a timely consultation on the Bathing Waters Regulations and we hope our report is a useful and valuable contribution to that consultation process. Dame Glenys added: “We now await Government’s response to the report, which must be laid before Parliament within three months.” https://lnkd.in/ec_eQdSi

Today (Tuesday, October 29) we have published our Annual Review and Accounts covering the period from 1 April 2023 to 31 March 2024. Read the report here ➡ https://bit.ly/4e7LS0O