Written question asked by Mark Reckless (Conservative) on Wednesday, 19 March 2014, in the House of Commons. It was due for an answer on Monday, 24 March 2014. It was answered by Dan Rogerson (Liberal Democrat) on Monday, 24 March 2014 on behalf of the Department for Environment, Food and Rural Affairs.

Rivers

Question: To ask the Secretary of State for Environment, Food and Rural Affairs what enforcement powers exist in relation to overhanging vegetation impeding a river's flow; and how many times such enforcement action has taken place in the last five years.

Answer

Overhanging vegetation is not a specific offence. The impedance of flow in a Main River is covered by Section 107 (3) of the Water Resources Act 1991. Impedance in itself is not an offence under the Act, but Section 107 allows the Environment Agency to serve notice on the landowner to remove the impedance. Failure to comply with a notice is an offence, although there is a right of appeal.

For ordinary watercourses, powers similar to those under Section 107 of the Water Resources Act for use by both local authorities and Internal Drainage Boards, are contained in Section 25 of the Land Drainage Act 1991.

There are also local byelaws enacted under Section 210 and 211 of the Water Resources Act 1991, which give the Environment Agency powers to serve notice on landowners to “remove growth” on Main River banks for the purpose of preventing obstruction to flow.

The Environment Agency does not currently keep central records of notices served.

The Environment Agency is in the process of introducing a case management system which will include the ability to capture electronically data relating to enforcement actions.

Secondary information

Type: Written question
Reference: 192931; 578 cc36-7W
Session: 2013-14
Subjects: Enforcement Repairs and maintenance Rivers
Link: View this Written question on www.publications.parliament.uk

Rivers

Secondary information

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