BBR06 MISCELLANEOUS CIRCULARS AND GUIDANCE FROM DEFRA AND OTHER DEPARTMENTS DETR Code of Practice on Conservation, Access and Recreation (2000) 2 DETR circular 04/2001 : Countryside and Rights of Way Act 2000 30 Defra consultation paper on amendments to legislation when RUPPs are reclassified (2003) 46 Home Office guidance on gating orders (2006) 78 Letter from Defra Minister about section 68 of the NERC Act (2006) 87 Further letter from Defra Minister about section 68 of the NERC Act (2006) 89 Letter from Defra about list of streets and unrecorded rights of way (2006) 92 Defra non-statutory guidance on making stiles and gates easier for those with mobility problems (2007) 94 Defra letter to highway authorities about sections 67(3)(a) and 67(6) of NERC (2007) 97 Defra further guidance about sections 67(3)(a) and 67(6) of NERC (2007) 100 Defra letter about Discovering Lost Ways project (2008) 102 Defra letter about combined orders (2008) 103 Department of the Environment, Transport and the Regions Environment Act 1995 Water Industry Act 1991 Code of Practice on Conservation, Access and Recreation: Guidance for the Environment Agency and Water and Sewerage Undertakers 1. INTRODUCTION 1.1 This code of practice gives guidance to water undertakers, sewerage undertakers and the Environment Agency ('the relevant bodies') on matters which they should consider when carrying out their duties in respect of conservation, access and recreation in relation to the functions described under paragraph 1.6 below. 1.2 The duties of water and sewerage undertakers are in sections 3 to 5 of the Water Industry Act 1991, and those of the Environment Agency ('the Agency') in sections 7 to 9 of the Environment Act 1995. The guidance also relates to the Agency's duties specifically with respect to water under section 6(1) of the 1995 Act. 1.3 These duties involve: * the conservation and enhancement of natural beauty and the conservation of flora, fauna and geological or physiographical features of special interest * the protection and conservation of buildings, sites and objects of archaeological, architectural, engineering (in the case of the Agency) or historic interest * the effect of any proposals on the beauty or amenity of any rural or urban area or on any flora, fauna, features, buildings, sites or objects * in the case of the Agency, the effect which any proposals would have on the economic and social well-being of local communities in rural areas * the maintenance of public freedom of access to places of natural beauty and to buildings, sites or objects of archaeological, architectural or historic interest * the availability of water and associated land to which the relevant bodies have rights for recreational purposes, taking into account the needs of disabled people * additional environmental duties with respect to sites of special interest. 1.4 The Agency also has a more general duty to promote the conservation and recreational use of inland and coastal waters, and associated land. 1.5 The relevant bodies must discharge their duties in respect of conservation, access and recreation so far as may be consistent with their statutory functions. The duties apply wherever the relevant bodies are formulating or considering proposals relating to their functions - other than the recreational duties of the undertakers and the Agency under section 3(5) of the Water Industry Act 1991 and section 7(4) of the Environment Act 1995 respectively. Those recreational duties apply where the relevant bodies have rights to the use of water or associated land. 1.6 The guidance in the Code applies to the water and sewerage undertakers in respect of all their functions. It also applies to management by undertakers of their protected land. It applies to the Agency as regards its functions in respect of water resources management; control of pollution of water resources; flood defence; land and works powers; fisheries; and its functions as a navigation, harbour and conservancy authority (and local legislation relating to those functions). 1.7 The Code applies to water undertakers and sewerage undertakers whose area of appointment is not wholly or mainly in Wales. It applies to the Agency in so far as its functions are carried out in England. 1.8 The Code is complemented by the Code of Practice on Environmental Procedures for Flood Defence Operating Authorities published by the Ministry of Agriculture Fisheries and Food and the Welsh Office in December 1996. 1.9 The Code is approved by the Secretary of State for the Environment, Transport and the Regions and the Minister of Agriculture Fisheries and Food under powers in section 5 of the Water Industry Act 1991 and section 9 of the Environment Act 1995. 1.10 The Environment Agency must have regard to the Code in carrying out its duties under sections 6(1), 7 and 8 of the Environment Act 1995. For the water and sewerage undertakers, failure to comply with any provision of the Code will not of itself constitute a breach of the duties imposed on them by sections 3 and 4 of the Water Industry Act 1991. However, the Secretary of State for the Environment, Transport and the Regions and the Minister of Agriculture, Fisheries and Food must take into account whether there has been or is likely to be any contravention of the Code in determining how they should exercise their powers in relation to the undertakers. 1.11 The Code is monitored by the Government's Standing Committee on Conservation, Access and Recreation. 1.12 Section 2 of the Code covers general steps to be taken by the relevant bodies. It is followed by sections on Conservation, Access and Recreation and the further environmental duties with regard to Sites of Special Scientific Interest, National Parks and the Broads. Section 7 sets out other legislation and guidance which the relevant bodies will need to take into account. 2. GENERAL MATTERS 2.1 In carrying out their duties in respect of conservation, access and recreation, the relevant bodies should seek to contribute to the over-arching objective of achieving sustainable development. This concerns ensuring a better quality of life for everyone, now and for generations to come. It involves taking a long-term view, and an integrated approach, to the way we work through considering the social, environmental and economic impacts of our actions. (See also paragraphs 7.2 to 7.6) 2.2 The extent to which biodiversity is becoming integrated into policies and programmes is a key test of sustainable development. The relevant bodies should take account of biodiversity when devising or revising their environmental management systems (EMS), as well as seeking to foster biodiversity in the other ways described in this Code. They should consider reporting on their actions to conserve and enhance biodiversity, particularly national and local biodiversity targets, as part of their EMS reporting. (See also paragraph 7.15 to 7.16.) Integrated approach 2.3 The relevant bodies should carry out their conservation, access and recreation duties within the framework of an integrated approach to management of the environment. Conflicting demands may arise between these duties and operational considerations. There may also be differing objectives both between and within the fields of conservation, access and recreation. The relevant bodies should seek to reconcile these considerations through the preparation of land use and management plans. 2.4 The relevant bodies should make assessments of the environmental value of their sites and the suitability of land for different uses in respect of conservation, access and recreation. Land use and management plans should be drawn up following consultation with relevant interests. Relevant bodies should also have detailed plans for individual sites, especially where they are subject to pressures from competing uses. Implementation of all plans should be monitored closely and they should be regularly reviewed. The relevant bodies may wish to consider the use of a database of their sites. 2.5 For the Agency, an integrated approach to management is achieved by Local Environment Agency Plans (LEAPs), which cover all aspects of the Agency's functions including water abstraction and discharge needs, conservation, access and recreation. Since a LEAP is drawn up following consultation with interested bodies and the public, the other relevant bodies will also have been involved. The Agency should therefore work with them from the outset in formulating conservation, access and recreation policies. LEAPs should present relevant issues, address conflicts between uses and identify action needed by the Agency and others to ensure that environmental objectives are met. Consultation 2.6 The relevant bodies should consult fully, at an early stage, where proposals raise conservation, access or recreation issues. This will enable any necessary measures to be incorporated in as simple and cost-effective manner as possible. 2.7 Consultation should be at a level (national, regional or local) which is most likely to elicit an informed response. The relevant bodies should in particular be aware of the following government departments and agencies and non-governmental organisations: Government Departments, Agencies/NDPBs: * British Waterways * CADW: Welsh Historic Monuments Countryside Agency * Countryside Council for Wales * English Heritage * English Nature * English Sports Council (Sport England) * Farming and Rural Conservation Agency * Forestry Commission * National Forest Company * National Tourist Boards *