The EA

The Environment Agency is a statutory body reporting to DEFRA, but with a high degree of independence. It was formed from the National Rivers Authority, the waste departments of local authorities, and the HM Inspectorate of Pollution. So it has a wide range of powers relating to flood defence, river fisheries, pollution, including run-off from land, waste management on land. Its powers overlap with the ports with regard to pollution in harbours, and with the coastguard who have responsibility for port waste management. This causes some confusion. But the most important overlap is with English Nature in that the EA sees itself as having a major responsibility for the condition of the ecological environment. Not infrequently this causes confusion and delay. All other agencies have accepted the proposition that their duty to have regard for the environment has been discharged if another agency that has greater and more appropriate expertise is involved. The EA should adopt this approach.

For some reason, the EA Southern Region sees itself as a rather dour regulator. It is far less likely than other EA regions to enter into a positive dialogue to see how things CAN be done. It prefers to simply object and to hide behind its powers to grant or refuse consents.

The EA has a large revenue stream, some 2/3 of its expenditure, which gives it a degree of autonomy unusual in government agencies. It has immense power, which is largely unaccountable, and can sometimes be hidden behind the Whitehall Loop . To be fair, however, the EA has sought to set up several layers of consultative bodies to which local worthies are appointed by the Agency. The Local Environment Agency Plan (LEAP) is subject to wide consultation and sets out their management goals over the coming year or two.

Shortly, a new Brussels creation, the Water Framework Directive, will come into effect, and this will probably give the EA draconian powers of control from a river source right out to sea. This will overlap and clash with just about every other coastal zone authority, To date, there has been little or no discussion on how this will be controlled and how accountability will be protected.