Amended 6/12/2009
Press release from Ewan Larcombe 67, Lawn Close, Datchet SL3 9LA 01753 544302 07968 661431 www.jubileeriver.co.uk
The Flood Risk Regulations 2009 No. 3042 - in force 10/12/2009
6/12/09 - Flood Risk Regulations 2009 - 'we remain subservient to our EU masters' (Ewan Larcombe)
Are you aware of this new legislation?
’We would lay ourselves open to infraction and reputational damage’ *
’There could be significant reputational damage to the
Government if it failed to act on the requirements of the Directive’ *
(* from the explanatory memorandum)
Subject: New high-speed stealth legislation on flooding
We have been consulted about the draft Floods and Water Management Bill, but are you aware that the Flood Risk regulations 2009 No 3042 was made 13/11/2009, laid before Parliament 19/11/2009, and is coming into force 10/12/2009.
It looks to me as though we are complying with the European Directive 2007/60/EC of 23 October 2007 - on the assessment and management of flood risks.
This is another example of discrete rubber-stamping with indecent haste after we have run out of time, but better late than never I suppose.
But somebody is now going to have to prepare preliminary assessment maps and reports, with a duty to identify flood risk areas.
Then they have a duty to prepare flood hazard maps and flood risk maps, and finally they have a duty to prepare flood risk management plans.
I am not sure where the resources are going to come from, but I do know who is going to pay!
At least we may get consulted about the FRMP’s somewhere along the way!
But still I keep asking myself ‘will all these new regulations reduce the probability of flooding?
From Ewan Larcombe
67, Lawn Close, Datchet SL3 9LA
01753 544302
07968 661431
NOTES: from EXPLANATORY MEMORANDUM TO THE FLOOD RISK REGULATIONS 2009 No. 3042
PURPOSE: *Its purpose is to transpose the EC Floods Directive (Directive 2007/60/EC on the
assessment and management of flood risks) into domestic law and to implement its
provisions. In particular, it places duties on the Environment Agency and local authorities
to prepare flood risk assessments, flood risk maps and flood risk management plans.
Avoiding the risk of infraction and reputational damage
The work that is already done in England and Wales with regard to assessing and mapping
flood risk, and providing plans for its management, already goes a long way towards
achieving compliance with the Directive. However, it falls short of achieving full compliance
in relation to flood risk from surface water, groundwater and ordinary watercourses. Also,
flood hazard mapping is not fully developed and nor is there the level of public participation
that is required by the Directive.
If we decided not to do any further work to meet the requirements of the Directive, not only
would we fail to achieve the benefits of this extended approach to flood risk management, we
would also lay ourselves open to infraction and reputational damage.
If we failed to transpose and implement the Floods Directive to the satisfaction of the
European Commission then Article 228 proceedings may be initiated. This means a risk of
being taken to the European Court of Justice who can impose a lump sum fine and/or penalty
payment (periodic payments until the breach is rectified) on the UK. Such fines can be
considerable; for example, Greece was recently fined €20,000 a day for breaching EU waste
requirements.
Moreover, public interest in flooding has been heightened by flooding in recent years, most
notably the flooding in 2007 much of which resulted from surface water. Though action is
already under way to address this, there could be significant reputational damage to the
Government if it failed to act on the requirements of the Directive which address this issue.
The external links to the legislation:
-The Flood Risk Regulations 2009 No. 3042 - coming into force 10/12/2009
The link to the memorandum http://www.opsi.gov.uk/si/si2009/em/uksiem_20093042_en.pdf
(Ewan Larcombe – age 59, married to Irene (nearly 40 years) three children, eight grandchildren, BSc (Hons), MIET, elected to Datchet Parish Council in 1986. Chairman Datchet Parish Council during the 1992 Public Inquiry into MWEFAS – now called Jubilee River - a £110m world class award winning flood alleviation scheme that fell apart on first use. Hundreds of home downstream flooded for the first time since 1947. There was a £2.75m out-of-court settlement for substandard design, and now the EA wants to spend £300m on more channels (just put LTFRMS into Google))