§ Ms RuddockTo ask the Secretary of State for the Environment what procedures are followed when an application for a drought order is made which could potentially damage a special protection area designated under the European birds directive. [10241]
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§ Mr. Clappison[holding answer 22 January 1996]: In England and Wales, the National Rivers Authority is notified of applications for drought orders. Under section 17 of the Water Resources Act 1991 it must, except in an emergency, consult the relevant nature conservation agency if the proposal is likely to damage the special features of a site of special interest, including all special protection areas.
§ Ms RuddockTo ask the Secretary of State for the Environment what procedures are in place to review existing abstraction licences which could be potentially damaging to(a) a special protection area designated under the European birds directive and (b) a special area of conservation designated under the habitats directive. [10243]
§ Mr. Clappison[holding answer 22 January 1996]: In England and Wales the National Rivers Authority has a statutory duty under section 17 of the Water Resources Act 1991 to consult the nature conservation agencies before carrying out or authorising any works, operations or activities which appear to the authority to be likely to affect adversely those sites of special interest which have been notified to the authority by one of the statutory notifying authorities. All special protection areas and, in future, special areas of conservation will be notified as such sites.
In August 1995, the NRA and English Nature signed a memorandum of understanding regarding a joint approach to river sites of special scientific interest, covering the production of a conservation strategy and consenting, licensing, protocol. This will also apply other habitats, SPAs and in due course, SACs. In addition, English Nature has agreed to provide a priority list of SPAs and SACs potentially vulnerable to certain activities, including the effect of abstraction. This will be used by the NRA in a planned programme for reviewing existing abstraction licences.
§ Ms RuddockTo ask the Secretary of State for the Environment what legal instruments are in place which require an assessment of environmental impacts of(a) new abstraction licences, (b) variations to existing abstraction licences and (c) a drought order. [10242]
§ Mr. Clappison[holding answer 22 January 1996]: In England and Wales, the National Rivers Authority is the competent authority for issuing or varying abstraction licences and will comment as necessary on applications for drought orders. Relevant legislation includes the Water Resources Act 1991 sections 2(2), 4, 15, 16 and 19. In some cases, development proposals including abstractions fall within the remit of the environment assessment regulations and in these instances a full environmental statement will be required.
Where the environmental assessment regulations do not apply, the NRA requires an environmental report when it considers that the proposed abstraction would have more than a negligible impact.
In the case of new abstractions of variations to existing abstractions which may damage the special features of a site of special interest, the NRA is required under section 17 of the Water Resources Act 1991 to consult the relevant nature conservation agency. Under the Conservation (Natural Habitats, &c.) Regulations 1994 the NRA, as a competent authority, is required to review 199W authorisations, including abstraction licences, which might affect the integrity of special protection areas and special areas of conservation.