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The Flood Risk Regulations 2009

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations transpose Directive 2007/60/EC of the European Parliament and of the Council on the assessment and management of flood risks for England and Wales.

Part 1 of the regulations is introductory.

Part 2 imposes duties on the Environment Agency and local authorities to prepare preliminary assessment reports about past floods in each river basin district, and the possible harmful consequences of future floods. The Environment Agency is also under a duty to prepare a preliminary assessment map of each river basin district. Following these assessments, the authorities must identify areas which are at significant risk of flooding. The assessments and decisions of areas at significant risk must be reviewed at least every 6 years.

Part 3 imposes a duty on the Environment Agency and local authorities to prepare flood risk maps and flood hazard maps for each area which has been identified as being at significant risk of flooding.

Part 4 imposes a duty on the Environment Agency and local authorities to prepare a flood risk management plan for each area which has been identified as being at significant risk of flooding. The plan must set objectives for the purpose of managing the flood risk and propose measures for achieving those objectives.

Part 5 provides some exceptions to these duties.

Part 6 imposes duties on the Environment Agency and relevant local authorities to co-operate with one another for the purpose of these regulations, and certain authorities to comply with requests to supply information those purposes.

Part 7 makes special provision for the two river basin districts which straddle the border between England and Scotland.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector, and a transposition note have been prepared and are available on the Defra website at www.defra.gov.uk.

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