River basin management planning in the Solway Tweed river basin district: guidance

STATUS OF GUIDANCE AND EXTENT OF APPLICATION

Statutory guidance with respect to the practical implementation of the Water Framework Directive ( WFD) may be issued under paragraph 16(2) of Schedule 1 to the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004 ( SI 2004/99). The general principles of the application of such guidance are:

1. Where guidance is predicated by a provision that it is issued by the "Ministers", it constitutes guidance issued by the Scottish Ministers to SEPA, and the Secretary of State to the EA; such guidance sets out the expectations of Scottish Ministers and the Secretary of State (referred to as 'the Ministers') about the joint delivery of the WFD in the Solway Tweed River Basin District ( RBD) by SEPA and the EA (referred to as 'the Agencies').
2. Where guidance is predicated by the provision that is issued by the "Scottish Ministers" or the "Secretary of State" it shall be applicable to SEPA or the Environment Agency respectively, and accordingly limited to their specific geographical area of responsibility, however the Agencies must consult and collaborate with each other to try to ensure a common approach within the framework of their respective guidance where the matter upon which such guidance has been issued impacts upon each agency's geographical area of responsibility.

This statutory guidance is issued by Ministers under paragraph 16(2) of Schedule 1 to the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004 ( SI 2004/99). Accordingly it constitutes guidance issued by the Scottish Ministers to the Scottish Environment Protection Agency ( SEPA) and guidance issued by the Secretary of State to the Environment Agency (England and Wales) ( EA) with respect to the practical implementation of the Directive.

Where this guidance is silent on any matter upon which guidance is necessary or expedient for the practical implementation of the WFD in the Solway Tweed RBD:

• SEPA must have regard to existing and future guidance issued to it by the Scottish Ministers which relates to RBDs that neighbour the Solway Tweed RBD. To date this includes Scottish policy statements: Principles for Setting Objectives for the River Basin Management Plan (issued March 2007) and Development of environmental standards and conditions (issued March 2007); and
• the EA must have regard to existing and future guidance issued to it by the Secretary of State which relates to RBDs that neighbour the Solway Tweed RBD. To date, this includes the Defra and Welsh Assembly Government's River Basin Planning Guidance (issued August 2006).

In this situation, the Agencies must, when having regard to such guidance:

• consult and collaborate with each other to ensure a common approach to the matter; and
• apply such guidance to the Solway Tweed RBD as appropriate taking into account any unique characteristics of that RBD.

Where such a common approach is not possible, or the common application of such guidance is not appropriate for the Solway Tweed RBD, then each agency shall request bespoke guidance from their respective Minister on the matter.

Directions about the date for submitting river basin management plans and proposals for environmental objectives and programme of measures may be issued jointly by the Scottish Ministers and the Secretary of State under paragraphs 6(1) and 7(1) of Schedule 1 to the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004 ( SI 2004/99). This document also contains a direction made under these provisions as set out below.

Scottish Ministers and the Secretary of State acting jointly hereby direct the Scottish Environment Protection Agency and the Environment Agency to prepare and submit to them a River Basin Management Plan for the Solway Tweed River Basin District including proposals for environmental objectives and a summary of the programme of measures to be applied in order to achieve those objectives by 22 ^nd September 2009.