Overview of the Structure of the Act
5.The Flood and Water Management Act has three Parts:
Part 1: Flood and Coastal Erosion Risk Management
6.This Part gives the Environment Agency a strategic overview of the management of flood and coastal erosion risk in England, and a similar role in Wales to Welsh Ministers. In accordance with the Government’s Response to the Pitt Review, it also gives upper tier local authorities in England, and local authorities in Wales, responsibility for preparing and putting in place strategies for managing flood risk from groundwater, surface water and ordinary watercourses in their areas.
7.The Environment Agency, local authorities and other bodies are given duties and powers that relate to these responsibilities directly by this Act, and by way of amendments made by this Act to the Water Resources Act 1991, the Land Drainage Act 1991 and the Coast Protection Act 1949.
8.In particular, this Part amends the Coast Protection Act 1949 to give the Environment Agency powers in relation to coastal erosion risk management to add to their current powers on coastal flooding.
9.It also provides for Regional Flood and Coastal Committees to replace Regional Flood Defence Committees. These will advise the Environment Agency and their consent will be required prior to implementation of the Environment Agency’s regional programme for their area. They will retain their decision-making powers in respect of raising and spending the local levy and their remit is extended to cover coastal erosion as well as flooding.
10.This Part also provides additional legal powers for certain authorities in England and Wales formally to designate assets or features which affect flood or coastal erosion risk. It increases regulatory control of the significant number of assets or features which form flood and coastal erosion risk management systems, but which are not maintained or operated by those formally responsible for managing the risk.
Part 2: Miscellaneous
11.This Part includes provisions on sustainable drainage, reservoirs, special administration, provision of infrastructure, temporary bans on non-essential uses of water, civil sanctions, incidental flooding or coastal erosion of land, flood resistant repairs to property, compulsory works orders, agreements on new drainage systems, concessionary surface water drainage charges for community groups, social tariffs for water charges, water and sewerage charges for non-owner occupiers and the abolition of the Fisheries Committee (Scotland).
Part 3: General
12.This Part sets out various supplementary provisions which apply generally to the Act.
