Programme of reforms
- developing the structure of the classification, and
- developing the safety management practices and how they could apply to each class.
Scope of regulation
Our programme of reforms to bring in a more proportionate, flexible regime of reservoir safety will be implemented through a combination of guidance and new legislation, when parliamentary time allows.
We are currently reviewing the definition of large, raised reservoirs to ensure that the regulatory requirements apply to the right set of structures and features.
New hazard classification
We have commissioned work to develop a new hazard classification which is more representative of the risk from reservoir failure and the governance required for it to operate safely. This includes looking at good safety management practice in other countries and sectors and how this might be used to improve our reservoir safety management practice. The project involves stakeholders in shaping the details of the classification and what that could mean in practice for reservoir owners and engineers.
The research and development project has been extended to include Wales and will provide data and analysis for Welsh reservoirs. Defra, the Environment Agency, Welsh Government and Natural Resources Wales are working closely to develop options for the new classification and safety management system that are suitable for both countries.
In the current system reservoirs are classified as either high-risk or not high-risk. The aim is to have an approach with more hazard classes and so greater scope for differentiation in how reservoirs are regulated. Reservoirs which are in the higher hazard classes may be subject to more regulatory requirements and those which are in lower hazard classes would have fewer requirements.
The research and development is both:
We have looked at different options for the structure of the classification. There will be further consultation on this, but at present we have identified a preferred option for a classification with four classes. This option uses a geometry and consequence-based approach and draws on reservoir flood risk mapping information. Developing the safety management system has focused on improving current practice and adding elements of good practice from other sectors to modernise and strengthen our safety system. The main considerations influencing the proposed improvements are:
a. Greater emphasis on proactive safety management by reservoir owners.
b. Integrating risk-based / risk-informed management and decision-making.
These developments were presented at the BDS Conference(External link) in September. An online dissemination event is being planned for early 2025. The session will give more insight into the proposals for a new hazard classification and safety management system for England and Wales ahead of the written consultation. An invitation to this event will be sent out soon.
Small Raised Reservoirs
The new hazard classification is designed to include reservoirs which are capable of holding 10,000 - 25,000 m3 water above ground level. We have used information collected earlier this year, as well as information about small raised reservoirs in Wales (which are already regulated) to help inform the development of the hazard classification.
We are still collecting data about small raised reservoirs from land owners. We have created a briefing note(External link), which explains our work in more detail and may be able to answer some of your enquiries. If you have a small raised reservoir on your land and have not already been in touch with us, please complete the form(External link) or email the details to reservoirs@environment-agency.gov.uk(External link).
Review of reservoir on-site emergency flood plans
Earlier this year, we launched a survey to gather evidence of the costs and benefits of on-site emergency flood plans. The survey collected views and information from reservoir owners, engineers and emergency responders from lead local flood authorities and local resilience forums. The findings from this research were discussed at a webinar on 25 July with stakeholders. A recording of the webinar(External link) and the presentation (External link)are now available. The information will help inform policy development for emergency planning and how reservoir emergency plans could be managed in future.
Records, registers and management systems
We are currently reviewing recommended changes to the management arrangements for reservoir safety. This includes improvements to systems that ensure operation, maintenance, monitoring and surveillance are being effectively delivered. The review is also looking to update the existing record and information keeping requirements to streamline data management practices and improve efficiency, and effectiveness.
Reservoir safety management system reforms are closely linked to the hazard classification proposals. The complexity of the system and level of reservoir engineer involvement is likely to be in proportion to the risk posed by the reservoir.
In March and April, we will be gathering your views through a series of focus groups with owners, reservoir engineers and regulators (including the Devolved Authorities) to help us shape policy proposals for an improved management system. This work will build on the constructive feedback received process started with at the well attended joint workshop with Natural Resources Wales at the BDS Conference(External link) at Keele University.
For more information or to register your interest to participate in our focus groups, please get in touch by e-mail at the below address RSR_Programme@environment-agency.gov.uk(External link).
Modernising the legal framework
We have been considering the options for modernising the legal framework. Options include new primary legislation to replace the Reservoirs Act 1975, retaining the Act and amending it, and using existing powers to bring reservoir safety within the environmental permitting regime.
No final decisions have been made, but bringing reservoir safety regulation into environmental permitting is now the preferred approach for implementing the reservoir safety reforms, rather than seeking new primary legislation. Over the coming months, there will be opportunities to explore and express views on this approach, including in meetings of relevant stakeholder groups, and the written consultation in autumn 2025.
The Environmental Permitting (England and Wales) Regulations 2016 provides a modern regulatory framework for safety regimes for other sectors and industries which could be applied to reservoir safety. It has a hierarchy of permitting that includes exemptions, standard permits and bespoke permits, which we could apply to the different hazard classes to deliver a more proportionate approach.
If we use environmental permitting, the reforms can be introduced through regulations rather than needing a new bill in Parliament, and so the changes could be made to a more predictable timescale.
Environmental permitting will not change the reforms we need to make following the Independent Reservoir Safety Review Report, but it would provide a practical way of modernising the reservoir safety regime. We intend to involve stakeholders in considering this approach including through the written consultation in autumn 2025.