§ Earl Peelasked Her Majesty's Government:
What action they propose to take to meet the concern raised by Professor Uff in his report, Water Supply in Yorkshire: The Report of the Independent Commission of Inquiry, that "there is no machinery under which the inspector is required to balance the needs of users against environmental damage resulting from further abstraction".
The Minister of State, Department of the Environment (Earl Ferrers)It is established practice for the Department of the Environment to take full account of environmental considerations when considering applications for drought orders. In addition to its duties in relation to water resources, the 11WA Environment Agency has the duty generally to promote the conservation of flora and fauna which are dependent on an aquatic environment.
It is notified of every application which the department receives and its views are taken fully into account. All applications are also advertised in the local press and the London Gazette.
If objections are made and not withdrawn, Schedule 8 2(1) of the Water Resources Act 1991 requires the Secretary of State either to cause a local inquiry to be held or to afford the objector the opportunity of a hearing before making the order. In the course of local inquiries or hearings, the Inspector will take account of all the evidence which is presented and make a recommendation to the Secretary of State, having weighed the needs of the user against the environmental implications of the proposal.
§ Earl Peelasked Her Majesty's Government:
On which rivers the Environment Agency (or its predecessor authority) has determined "minimum acceptable flows" under s.21(1) of the Water Resources Act 1991; what those flows are; and whether they have given any directions in this regard.
Earl FerrersNeither the Secretary of State for the Environment nor the Secretary of State for Wales has received any draft statement from the Environment Agency (or its relevant predecessor, the National Rivers Authority) containing provision for determining the minimum acceptable flow of inland waters under s. 21(1) of the Water Resources Act 1991. Neither Secretary of State has given any direction, under s.22 of that Act, to these bodies to consider minimum acceptable flow.
In 1990–91 the National Rivers Authority identified 335 km of reaches in 40 rivers affected by low flows. Subsequent action, with co-operation from the water companies, has reduced the affected reaches to a total length of 207 km and there is a target for a further reduction to 79 km by 1996–97.
§ Earl Peelasked Her Majesty's Government:
What role they consider that the precautionary principle should play in determining drought order or drought permit applications in the event that consequences on fauna and flora are not quantifiable.
Earl FerrersEach application is judged on the particular circumstances of the case and the evidence as presented, weighing any adverse impact which the proposal may have against the needs of the users.
§ Earl Peelasked Her Majesty's Government:
What is the definition of "an exceptional shortage of rain" in para. 139(2) to the Environment Act 1995.
Earl FerrersThe term, which relates to the power of the Environment Agency to make a drought permit, and which also appears in Section 73(1) to the Water Resources Act 1991 in relation to the power of the Secretary of State to make a drought order, is not defined. There is a number of factors which need to be12WA weighed in reaching a view on whether a shortage of rain was exceptional in the circumstances of a particular catchment.
§ Earl Peelasked Her Majesty's Government:
In relation to the proposed Tees-Wiske water transfer scheme in North Yorkshire, what biological data are available against which the positive or negative effects of the transfer on biodiversity can be measured; and
Whether they will require Yorkshire Water Services to make a public environmental statement before the Environment Agency considers any application which Yorkshire Water Services may make for a transfer of water to the Wiske from the Tees.
Earl FerrersMy right honourable friend the Secretary of State for the Environment is informed that Yorkshire Water Services are holding discussions with statutory bodies, including the Environment Agency, with a view to agreeing the scope of data which would be required to form a full Environmental Assessment in support of any application under the appropriate drought legislation.