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Thursday 2 June 2011ADA Great Ouse Branch, Prickwillow Village Hall

Internal Drainage Board Amalgamation Process Workshop

Chairman’s Introduction

Steve WheatleyChairman

Anglian Central Flood & Coastal Committee

IDB Amalgamation Process Workshop

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Overview of current situationand Vision for IDBs

Jean VenablesChief Executive

Association of Drainage Authorities

IDB Amalgamation Process Workshop

TimelineDate Event

June 2005 Review of IDBs announced by Defra Minister

Feb 2006 JBA submit final Review of IDBs to Defra

Feb 2008 Sub-catchment approach for IDBs unveiled

April 2009 Future of IDBs considered inDraft Flood & Water Management Bill consultation

April 2010 Flood & Water Management Act

Summer 2010 Defra Minister removes 2013 target for amalgamation and preference for ‘sub-catchment approach’

November 2010 IDBs included in Public Bodies Bill and ‘to be retained and substantially reformed’

September 2011* Expected Defra consultation on flood regulationsincluding changes to IDBs

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• Defra Review of IDBs

Key Work Stream A6 ‘Revised Vision Statement’

• Pitt Review (recommendations)

• Flood & Water Management Act 2010

• Public Bodies Bill

• Lead Local Flood Authorities

• Future legislation

• Climate Change Act (2008)

Why do IDBs need a Vision?

Vision for Internal Drainage Boards

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IDBs will:• carefully manage water levels within their drainage

districts for;§ land drainage,§ flood risk management,§ irrigation,§ and environmental benefit.

• work within hydrologically defined catchments.

• operate in areas of special flood risk.

• be recognised as the land drainage authoritywithin their Districts.

Role of an IDB

IDBs will:• sustain land use, including inhabitation, agriculture,

industry, recreation and natural habitats.

• play their part in delivering UK food security:§ by providing and regulating irrigation and drainage

for over a million hectares of agricultural land.• contribute to the security of civil infrastructure within

their Districts.• aid the sustainability of rural and urban communities.• help maintain Defra’s commitment to the ABI

over FRM to properties and therefore insurability.

Purpose

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IDBs will:• liaise with all relevant stakeholders, FCERM delivery

partners and Government.• conduct their activities with regard to Local and

National Government strategies.• actively shape and comment on local and regional

policy decisions.• play an active role in development planning decisions

within and surrounding their Districts.

Decision Making

IDBs will:• be representative of the communities they serve

through elected and appointed Board membership.• raise funds locally for water level management.§ IDB Special Levy§ Agricultural Drainage Rates

• balance the priorities and stakeholder views within their Districts.

Representation and Finance

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IDBs will:• promote the ecological wellbeing of their Districts.§ work to help maintain and improve all SSSIs

and other designated environmental areas within their Districts

§ develop and implement IDB Biodiversity Action Plans(to be published by March 2010)

• work towards reducing and mitigating their climate change impact.

Environmental Issues

IDBs must:• play a full part in local partnerships• have a distinct role working with other relevant

authorities• become ‘delivery partner’ of choice for Local Lead

Flood Authorities and partners

To deliver the Visionunder the Flood &WM Act...

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IDBs must:• work with Defra to deliver the right Policy Options for

the future of IDBs

• build and adjust to deal with new challenges• form IDBs that have sufficient capacity§ For a number of IDBs this will mean amalgamations

and/or working on a grouped basis (i.e. Consortia)

• adapt to face climate change

To deliver the Visioninto the future...

Environment Agency’s Description of the Amalgamation Process

Sarah WardPrincipal Solicitor

Environment Agency (Anglian Region)

IDB Amalgamation Process Workshop

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Environment AgencyIDB Amalgamation ProcessSarah WardPrincipal Solicitor, Environment Agency (Anglian)June 2011

Introduction

What is an IDB ?

Statutory requirement on Agency to deal with amalgamations

Legislation – Section 3 of the Land Drainage Act 1991

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How does the process start?Details of drainage boards wishing to amalgamate is provided to the Area Flood Risk Manager

Consultation with RFCC

Referred to Legal Services

Information required from the IDBs (1)

To prepare the draft Scheme we need:

A copy of the minutes from each drainage board confirming agreement of the amalgamation.

Details of the Orders constituting the drainage boards and any subsequent Orders

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Information required from the IDBs (2)

Name of the new boardNumber of elected members proposed for the new BoardDetails of changes to electoral districtsMap ( if required)Financial statementTimescales

Information required from the IDBs (3)

Names and addresses of local authorities covering the area within which each board is located.

Other consultees who may be affected.

Names of newspapers which circulate in the area.

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Draft Scheme

The Scheme is drafted

Sent to drainage boards for checking

Sent to Defra for approval

Upon approval, the Scheme is signed and sealed by the Director of Legal Services and formally submitted to Defra.

Advertising the SchemeA Public Notice is drafted for signature by the Regional Director

The Notice is placed in the local press for which there is a one month objection period

If objections are received the Environment Agency works with the IDB in order to try and reach a resolution

If there are no objections it goes forward to the next stage which is the responsibility of Defra

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Defra’s role in the amalgamation process

Ian MoodiePolicy & Technical Researcher

Association of Drainage Authorities

IDB Amalgamation Process Workshop

Defra’s role in the amalgamation process

The following slides describes Defra’s role as per Schedule 3 of the Land Drainage Act 1991 and current Defra practice as informed by Grant Horsburgh, Defra FRM Branch.

The final 2 slides in this section describes the proposed simplified amalgamation procedure.

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Defra’s role: Schemes

EA prepares and submits a draft scheme to Defra for comment

Defra legal team:

• processes the application,

• amends draft Scheme,

• raises any queries with EA legal.

The scheme is sealed by the EA, formally submitted to Defra and advertised in the press with a one month objection period

Defra’s role: Orders

Once the Scheme has been sealed by the EA, formally submitted to Defra and advertised in the press with a one month objection period, and any objections have been resolved...

Defra:

• prepares a draft Order to confirm the EA scheme, and

• advertises the draft Order - one month objection period

• Defra legal team confirm Order can be made. The head of Defra FRM Branch signs the ‘making’ Sealed Order.

• advertises that the Sealed Order has been made, again with one month

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Defra:

• arranges Order to be signed on behalf of Secretary of State by head of Defra FRM Branch,

• is then required to further advertise a notice of confirmation of the Order with a six week objection period – unless objections are received, this advertising period does not interfere with the Order Coming Into Force. (confirmed order stage)

• send out an Instrument of Appointment that includes the names and addresses of the first elected members of the board, their term of office is for a period of one year following the 1st November next (as per the Land Drainage Act 1991)

Defra’s role: SoS and Confirmed Order

Brief Financial Statements

For future schemes of IDB amalgamation, Defra are requesting that the IDBs involved prepare a Brief Financial Statement to be presented to the Environment Agency at the outset.

The Financial Statement should set out:

• any expected increase or decrease in expected overall costs,

• any transfer in costs (drainage rates and special levy) between the agricultural ratepayers and local authorities, and

• any transfer of costs (special levy) between local authorities.

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Proposed Simplification of IDB Schemes/Orders of Amalgamation

Proposed New Process:• EA drafts Scheme

• Sealed Scheme advertised (by EA)

• EA drafts Order

• Draft Order advertised (by EA)

• EA arranges for Order to be signed as confirmed by Secretary of State

The following has been discussed by the Defra IDB and Land Drainage TAGas a potential simplification of the current process.

Proposed Simplification of IDB Schemes/Orders of Amalgamation

Key Changes• Environment Agency prepares Scheme and Order

• Remove need to advertise Sealed (made) Order

• Remove need to advertise Confirmed Order

• Reduces legal and advertising process from approx. 44 weeks to 21 weeks

The following has been discussed by the Defra IDB and Land Drainage TAGas a potential simplification of the current process.