End of Mission Report Template

China Europe Water Platform Technical Research on Integrated Permitting of Water Resources (Task A07-1) on behalf of Ministry of Water Resources (MWR) DG Environment (ENV) DG Development and Cooperation (DEVCO) Martin Griffiths, Dong Yanfei, Cheng Dongsheng, Palle Grevy and Liu Linghua, November 2013 The EU-China Policy Dialogues Support Facility (PDSF II) is a project financed jointly by the European Union and the Government of the People's Republic of China, implemented by a consortium led by Grontmij A/S. This publication has been produced with the assistance of the European Union. The content is the sole responsibility of Grontmij A/S and can in no way be taken to reflect the views of the European Union. Locations EU and China Dialogue partners Minstry of Water Resources, China DG Environment (ENV) International Economic and Technical Exchange and Cooperation Centre of the Ministry of Water China Institute of Water Resources and Hydropower Research Grontmij A/S Brief description of assignment This report investigates integrated water resources permitting policy and practice in Europe and China and develops options for potential review and reform in China. The activity was undertaken under the Governance Pillar of the China Europe Water Platform (CEWP). This report examines the current water resource regulatory and permitting approaches in Europe, focusing on UK and Denmark. It also reviews current water resource permitting in China. The study aimed to develop a common understanding of permitting methodology, with a view to understanding principles and practice with the potential for application in China. This report was prepared by a team of European and Chinese experts and practitioners who undertook the study with a view to developing a common understanding of options available to water managers that will increase water security and could speed up the reform of water resource management in China. Knowledge exchange on water permitting was a key aim. Workshops, lectures and seminars were held with water managers from south and north China and with other influential groups. Internships and a structured training programme to Hungary, UK and Denmark were linked to this work. Tasked by Chris Brown Programme Manager, EU-China Policy Dialogues Support Facility (PDSF) PDSF activity number Task A07-1 Task A07-1 China Europe Water Platform – Final – 22 November 2013 Page i Acknowledgements The principal contributors to the drafting of this study were Dr Martin Griffiths from the UK, Palle Grevy from Grontmij A/S in Denmark and Dr Cheng Dongsheng of the China Institute of Water Resources and Hydropower Research. A Chinese team, led by Dong Yanfei, Director of the International Economic and Technical Exchange and Cooperation Centre of the Ministry of Water, facilitated the partnership work and ensured that the interactions were optimised, especially the internal meetings with MWR and other bureaus and agencies. Mrs Sun Yan, Mrs Liu Linghua, Miss Wu Zheru and Miss Lihui have also contributed to this study team significantly. The exchange and dissemination elements were particularly valuable, especially the two workshops on integrated permitting, one in Jiangsu on 7 May 2013 for southern China and one in Hu'lun'bei'er, Inner Mongolia, on 24 September 2013,for northern China. We thank those that attended and the organisers. The team would also like to thank the EU Policy Dialogue Support Fund II (PDSF) project team, especially Chris Brown who ensured co-ordination and gave considerable support throughout. Thanks also to Grontmij A/S in Denmark who supported this work on behalf of PDSF, particularly, Kim Madsbjerg, Stefan Einarsson and Palle Grevy. They helped with the overview, the internships and the structured training programme to Europe. We would like to thank to the other core members of the China Europe Water Platform (CEWP): Henrik Dissing as co-ordinator, Lars Anderson, leading the Research Pillar and Simon Spooner, leading the Business Pillar. The cross-cutting potential of this work has been helped by their input and support. The EU and Member States contributed to the development of much of the technical policy and guidance material in this report. We are grateful that this is available and thank them for the ability to reproduce this, with full acknowledgement. The EU Delegation in Beijing was crucial for the funding and commissioning of this study. Thanks should go to the Development and Cooperation Section who supported the initial work programme and to Cesar Moreno, who has recently joined and added this to his work portfolio. Task A07-1 CEWP Permitting Study – Final – 22 November 2013 Task A07-1 China Europe Water Platform – Final – 22 November 2013 Page ii Table of Contents Acknowledgements i Summary vii 1 Introduction 1 1.1 Study Scope 1 1.2 Regulatory Principles 2 1.2.1 Why should we regulate and permit water resources? 2 1.2.2 Proportionate Approach to Permitting 4 1.2.3 Risk Based Approach to Permitting 5 1.2.4 Integrated River Basin Management 6 1.2.5 Links to Spatial Planning 6 1.2.6 Links to Environmental Impact Analysis (EIA) 7 1.3 Future Trends in Water and Environmental Regulation 8 1.4 Project Working Method 10 2 Institutional Arrangements in Europe 12 2.1 Overview 12 2.2 Sovereignty and principles of subsidiarity in EU environmental legislation 12 2.3 Competent Authority Role 14 2.4 River basin management in Europe 15 2.5 Enforcement and control 17 2.6 International co-ordination and co-operation 18 2.7 Best practice on water management in EU 20 2.8 Environmental Protection Agencies and Equivalent 21 2.8.1 Breadth of function 21 2.8.2 Air, Land and Water 22 2.8.3 The Case for Independent Water Regulation 22 2.8.4 Funding 23 Task A07-1 CEWP Permitting Study – Final – 22 November 2013 Task A07-1 China Europe Water Platform – Final – 22 November 2013 Page iii 2.9 UK Environment Agency 23 2.10 IMPEL Network - best practice across EU regulators 25 2.11 European Environment Agency 26 3 Setting Environmental Standards and Environmental Monitoring 28 3.1 River Basin Planning 28 3.2 The Objectives and Water Standards 30 3.3 Monitoring 31 4 EU/ UK Approach to Water Permitting 34 4.1 Water Framework Directive 34 4.2 EU Water Blueprint 35 4.3 UK Water Law 35 4.4 UK Permits 36 4.4.1 Water Quantity/Water Resources 37 4.4.2 Water Quality 38 4.5 Permit application process 38 4.5.1 Abstraction Permit or Licence 39 4.5.2 Discharge permit process UK 39 4.6 Permit application forms 40 4.7 Permit format and examples 41 4.7.1 Current UK Permit 41 4.8 Permit conditions 42 4.9 Monitoring, inspection and compliance assessment 43 4.9.1 Monitoring and inspection terminology 43 4.9.2 Monitoring of permit Conditions – Overview 44 4.9.3 Quality assurance 44 4.9.4 Choice of Sampling Point 45 4.9.5 Access, facilities and services 45 4.9.6 Sample bottles, storage and transportation. 46 4.9.7 Laboratory analysis and choosing a method 46 4.9.8 Flow measurement 47 4.10 Permit Charging Systems – Cost Recovery 47 4.11 Future UK Permits 50 4.12 Enforcement and Prosecution 50 4.13 Public Access to information 55 4.13.1 EA What’s in my Backyard – 55 4.14 Pollution Incidents 58 4.14.1 National Incident Recording System and database 60 4.15 Communication and Publicity on Water and Environment 61 Task A07-1 CEWP Permitting Study – Final – 22 November 2013 Task A07-1 China Europe Water Platform – Final – 22 November 2013 Page iv 5 Case Study - Water Permitting in Denmark 65 5.1 Administrative arrangements in Denmark 65 5.1.1 Planning, permitting and delegation of responsibilities 65 5.1.2 Ministry of Environment and the Environmental Protection Agency (EPA) 66 5.1.3 The municipalities 67 5.1.4 River Basin Management Planning 68 5.2 Application and Permitting Procedures - Overview 69 5.3 Complex Permissions 70 5.3.1 EIA Based Permissions 70 5.3.2 IPPC based permissions 71 5.3.3 Seveso Directive Based Permissions 72 5.4 Discharge of Water - Simple Applications Denmark 73 5.4.1 The application process 74 5.4.2 Application forms 75 5.4.3 Example of information required on temporary discharge of water to the ocean 76 5.4.4 Example of information in an application for household discharge into sewer systems 77 5.4.5 Example - Discharge of water - Copenhagen 77 5.4.6 General approach for permitting on discharges to sewer systems 78 5.4.7 Example format and content of simple permission 78 5.5 Abstraction of Water - Simple Applications - Denmark 80 5.5.1 Simple application process for abstraction permit 82 5.5.2 Abstraction of drinking and irrigation water in the open land 82 5.5.3 Abstraction in densely populated town areas 83 5.5.4 Simple application forms 83 5.5.5 Example Abstraction of drinking and irrigation water in the open land 84 5.5.6 Abstraction in densely populated town areas 86 5.6 Example - Format and content a simple permission 86 5.7 Inspection and compliance assessment 89 5.8 Enforcement 90 5.8.1 Admonition 90 5.8.2 Enforcement order 90 5.8.3 Enjoinment 90 5.8.4 Self-help activities 91 5.8.5 Loss of environmental liability 91 Task A07-1 CEWP Permitting Study – Final – 22 November 2013 Task A07-1 China Europe Water Platform – Final – 22 November 2013 Page v 6 Chinese Approach to Water Regulation 92 6.1 Chinese Legal Framework-Water Protection and Regulation 92 6.2 Key Ministries-Roles and Responsibilities 95 6.3 Roles of Provinces and River Basin Authorities 98 6.4 Three red Lines 99 6.5 Water Protection Zones (Water Functional Area) 104 6.6 Current Permits 105 6.6.1 How are they set/modelled and river need calculations? 105 6.6.2

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