Water Framework Directive

Introduction

A commercial ferry passes a Thames fishing vessel

The Water Framework Directive (WFD) introduces a new, integrated approach to water protection, improvement and sustainable use. Unlike the EU Birds and Habitats Directives, which apply only to designated sites, it applies to all water bodies including thosethat are man-made. On the tidal Thames, the WFD will apply not only to the estuary itself right out to the southern North Sea, but also to the tributaries, docks and waterways etc.

The WFD is widely referred to as the most important and far-reaching legislation ever to come out of the EU. It is ambitious in both its scope and its timetable. It may have some significant implications for navigation, port and harbour activities, and dredging.

The WFD introduces a new statutory system of river basin management plans. These plans will provide the mechanism for the future management of both water use and of activities affecting water status.

Water Framework Directive and the Thames

The Environment Agency (EA) has divided the country into River Basin Districts. The Thames River Basin District (RBD) covers the freshwater and tidal Thames and its tributaries. The EA will be producing a management plan for each RBD, with the help of a panel of representatives from the key regulators, industries, activities and interests in the RBD. The PLA is representing ports on the Thames River Basin Liaison Panel (RBLP). Other panel members include representatives from boat users, water companies, fisheries and farming in addition to the regulatory representatives.

The Panel will meet regularly to decide what are the significant issues affecting the Thames and what measures may be necessary to manage these issues. RBLP members must liaise with their sectors and feed back views and ideas into the planning process. The PLA has taken a wide interpretation of those port interests that it represents, including the following:

All operators and terminals in the Port of London
British Marine Aggregates Producers Association
British Ports Authority
Chamber of Shipping
Company of Watermen and Lightermen
Energy Institute (Essex and East Anglia Branch)
London Port Health Authority
London Ship Owners and River Users Society
Medway Ports
River Asociation for Freight and Transport
Trinity House
United Kingdon Hydrographic Office
United Kingdom Major Ports Group (ABP, Port of Tilbury [London] Ltd, London Gateway)

Further information on current issues, to view the latest Thames RBD Newsletter and meeting papers are available on the Environment Agency's Website (follow the links to "Find out about your river basin district" and "Thames River Basin District"). Click here to download the EA publication "Thames River Basin Planning: Working Together" leaflet (pdf file - 172 kb) which has more information about the work of the RBLP.

Guidance for Submitting a WFD Assessment with your PLA RWL, TRWL or Dredging Application

The Environment Agency has recently introduced new guidance for carrying out WFD assessments called Clearing the Waters For All. This new guidance expands upon Clearing the Waters, which only related to dredging, and now covers all activities in estuarine and coastal waters. An assessment will be required for certain activities to ensure that there is no deterioration of status at either water body (eg Thames Upper, Thames Middle, Thames Lower water bodies) or element (including biological, morphological and physio-chemical) levels relevant to the activity type and location.

An assessment must be submitted with your application for all activities under the PLA’s approvals which are not classified as excluded activities. There are three stages associated with the assessment process - Screening, Scoping and Further Assessment. All activities will need to have gone through at least the screening process.

Step 1 - Screening

If your activity is covered by the list of excluded activities (Table 1), then it will have been Screened out. If your activity is excluded you will need to make this clear on your application form to the PLA:

River Works Licence - Question 7.3 of Form 201A
Temporary River Works Licence - Question 7c of Form 201B
Dredging Licence - Question 9.1c of Form 215.

If your activity is not excluded, then Scoping will need to be carried out.

Table 1: Excluded Activities as described by the Environment Agency
Screening: excluded activities from scoping You don't need to carry out scoping if your activity is low risk. Your activity is low risk if it's: A fast-track or accelerated marine licence activity that meets specific conditions Maintaining pumps at pumping stations - if you do it regularly, avoid low dissolved oxygen levels during maintenance and minimise silt movement when restarting the pumps Removing blockages or obstacles like litter or debris within 10m of an existing structure to maintain flow Replacing or removing existing pipes, cables or services crossing over a water body - but not including any new structure or supports, or new bed or bank reinforcement 'Over water' replacement or repairs to, for example bridge, pier and jetty surfaces - if you minimise bank or bed disturbance If you carried out your activity during 2009 to 2014 and you have a WFD assessment, don’t repeat it unless: you've since changed how you carry out that activity, including method, size or scale, volume, depth, location or timings there's been a pollution incident since your activity was last carried out (Text from EA website, accessed: 25^th January 2017.)

Table 1: Excluded Activities as described by the Environment Agency

Screening: excluded activities from scoping

You don't need to carry out scoping if your activity is low risk. Your activity is low risk if it's:

A fast-track or accelerated marine licence activity that meets specific conditions
Maintaining pumps at pumping stations - if you do it regularly, avoid low dissolved oxygen levels during maintenance and minimise silt movement when restarting the pumps
Removing blockages or obstacles like litter or debris within 10m of an existing structure to maintain flow
Replacing or removing existing pipes, cables or services crossing over a water body - but not including any new structure or supports, or new bed or bank reinforcement
'Over water' replacement or repairs to, for example bridge, pier and jetty surfaces - if you minimise bank or bed disturbance

If you carried out your activity during 2009 to 2014 and you have a WFD assessment, don’t repeat it unless:

you've since changed how you carry out that activity, including method, size or scale, volume, depth, location or timings
there's been a pollution incident since your activity was last carried out

(Text from EA website, accessed: 25^th January 2017.)

Step 2 - Scoping

If your activity is not excluded during Screening then you will need to carry out a Scoping exercise to consider which elements of the water body may be impacted by the activity, for example; hydromorphology, biology, water quality, protected areas and invasive non-native species (INNS). The simplest way to complete Scoping is to use the EA Scoping template. Further information on how to carry out Scoping can be found on the EA website.

Step 3 - Further Assesment

If your Scoping identifies receptors as being at risk from your activity, then further assessment for each of these will be necessary. The assessment may cover consideration for deterioration, cumulative impacts and include recommendations on mitigations to minimise the impacts. These mitigations would be required under your approval or licence.

Submission of Assessment

The findings for Scoping and, if necessary, Further Assessment should be prepared in a report which should be included when you submit your application to the PLA.

Evidence of Environment Agency approval of the assessment may be required.

Page updated November 2017.