Policy paper

Reservoir safety reform programme update

Updated 1 September 2023

This was published under the 2022 to 2024 Sunak Conservative government

Applies to England

Reservoir safety is about ensuring the physical structure of a reservoir and that its dams and embankments are safe. In England, around 2.2 million people are at risk from reservoir dams failing and causing flooding which could endanger life. There is a good safety record for reservoirs in England. However, there are many challenges and changing risks which mean safety procedures still need to be strengthened and modernised to ensure public safety in future.

This is an update on the joint reservoir safety reform programme being implemented by the Department for Environment, Food andal Rural Affairs (Defra) and the Environment Agency (EA).

Defra and the EA will provide updates to stakeholders throughout this reform programme. They will also conduct more detailed engagement and consultations when developing specific areas of reform (see section 6). As well as outlining the programme, this update seeks views on how best to engage.

In July 2022, in a written ministerial statement, the government accepted the recommendations from Professor David Balmforth’s reservoir review: part B. The review considered whether the regulation of reservoirs remains effective and robust in securing ongoing safety. It recommended a programme of reform that includes:

• a better and more proportionate risk-based approach
• improving safety practice
• strengthening roles and responsibilities for owners, engineers, and the regulator
• modernising the legal framework

The reform programme is to be delivered steadily over several years. It will involve implementing the recommendations through a mix of:

• guidance
• secondary legislation
• new primary legislation to modernise the Reservoirs Act 1975, if parliamentary time allows

Not all recommendations will be implemented in one go and the programme will be implemented in different phases.

1. Drivers of change

There are 4 main reasons for improving the reservoir safety system.

• the Toddbrook incident and the independent reservoir safety review (part B)

The government accepted all of the recommendations made by the legislation review. These are aimed at ensuring that the safety regime is robust and fit for the future.

• climate change

More extreme periods of drier and wetter weather are increasing the pressures on reservoir infrastructure and demand for reservoirs and water resources.

• modernisation

Many reservoir safety requirements were introduced in 1975 and have not been updated in line with modern safety management practice in other sectors.

• reservoir engineers

Currently there are sufficient engineers at present, but the demand for engineers in future is increasing. There is also a shortage of engineers coming into water and flood management work. The Institution of Civil Engineers (ICE) has made recommendations for addressing this.

2. The approach to reforms

Defra and the EA’s approach to reforms is to:

• ensure that existing reservoir safety management activities can continue effectively alongside the reforms
• build on existing safety measures and create a modern safety regime that is proportionate, risk-based and fit for the future
• engage and consult throughout the programme to produce better proposals for reforms and make sure that everyone understands who is likely to be affected and how they will be affected

The independent reservoir review: part B, and the announcement made in the July 2022 written ministerial statement, highlighted that the implementation of the recommendations is for England only.

As reservoir safety is devolved, Wales, Scotland and Northern Ireland governments can implement the recommendations if they decide to. They will make separate announcements confirming any changes to reservoir safety policy if necessary. Defra will engage and collaborate with the devolved administrations as part of the preparation for specific recommendations.

A number of reforms have already been implemented:

• emergency flood plans

A ministerial direction was issued in 2021, making it a legal requirement for owners of large raised reservoirs to produce and maintain on-site emergency flood plans. There has been 99.9% compliance with the direction.

• reservoir flood maps

The EA have updated and published new reservoir flood maps for 1,865 large raised reservoirs in England. This was done to ensure accurate information is available for emergency planning.

• part A recommendations

Recommendations from part A of the independent review into reservoir safety have been implemented. New guidance has been developed and published by the EA to support engineers. This ensures all inspections by supervising and inspecting engineers are systematic, detailed, and impartial. This means they will provide strong and clear advice to owners and operators.

• a review of the future supply of reservoir engineers

ICE have completed a review on how to safeguard the future supply of engineers. The report has been published (see section 5) and welcomed by the government.

3. Programme timeline

The programme timeline provides a longer-term view of areas of reform. Timings are provisional and may change as the programme progresses. The details of what will be included in each legislative stage may change.

The programme is divided into 2 overlapping stages.

First is the planning and development stage which is made up of 2 parts:

• the changes that have already been implemented
• secondary legislation – reforms that will be implemented through existing powers

Second is the stakeholder engagement stage which is made up of 3 parts:

• secondary legislation – reforms that will be implemented through existing powers
• development of a new bill – primary legislation dependent on parliamentary time
• further secondary legislation

In total there are 4 parts to the reform programme.

3.1 Changes that have already implemented

There are several reforms that have already been put in place, including:

• onsite flood plans
• new guidance
• flood risk maps
• ICE engineer review

3.2 Secondary legislation

Some new reforms will be created under existing acts of parliament.

Public and stakeholder consultations will be held when creating any new secondary legislation.

3.3 Developing primary legislation

If parliamentary time allows, a new specific reservoir safety bill will be created.

Public and stakeholder consultations will be held when creating any new primary legislation.

3.4 Further secondary legislation

Further secondary legislation will be created and implement following the creation of the new bill (primary legislation).

Again, public and stakeholder consultations will be held to help inform the new legislation.

4. Areas for reform

There are 3 main areas for reform:

1. Creating a more modern approach to hazard management.

2. Improving the supply and capacity of reservoir safety engineers.

3. Updating the approach to regulation and enforcement.

Each of these areas will be supported by a number of reforms.

4.1 Creating a more modern approach to hazard management

Hazard classification and risk assessment

The aim is to develop and introduce a new hazard classification for reservoir safety. The purpose of this is to support a modern safety regime for reservoir safety in England.

Features of this will include a continuous safety improvement culture, where risks are managed on an ‘as low as reasonably practical’ (ALARP) basis at all times. The new classification will replace the current ‘high risk’ or ‘not high-risk’ classification in the Reservoirs Act 1975. This will enable a better risk based and proportionate approach to regulation of reservoirs for public safety.

This reform was identified in recommendations 1, 10, 3, 4, 5 and 11 of Professor Balmforth’s review.

Small raised reservoirs

Small raised reservoirs are any that have a volume of between 10,000 and 25,000 metres cubed.

The Reservoirs Act 1975 was amended to enable these reservoirs to be brought into regulation, but the change has not yet been brought into force in England. We are planning to develop a new hazard classification which works for both small and large raised reservoirs and better reflects the level of risk. For example, some small reservoirs can be higher risk, and some large reservoirs can be lower risk.

Proposals for how smaller reservoirs may be regulated are to be developed and consulted on in due course.

The need for this reform was identified by the written ministerial statement.

Reservoir definitions

The definition of what is covered by reservoir legislation will be looked at. This will provide clarity on how reservoir safety regulation should apply to structures which can hold water, but which are not designed or mainly used as reservoirs.

4.2 Improving the supply and capacity of reservoir safety engineers

Reservoir engineers’ roles

The role and responsibilities of supervising and inspecting engineers, along with that of engineer panels, will be adjusted and made clearer. This will be done in order to:

• enable delivery of best practice

• reflect the new hazard classification system

• better support and enable skills development and career progression for engineers

This reform was suggested in recommendations 5, 6 and 8 of Professor Balmforth’s review.

Future supply of reservoir engineers

The aim is to improve the sustainability of reservoir engineering as a profession, with robust training and employing a more diverse group of people. We need to have a functioning commercial market with sufficient panel engineers available to inspect all types of reservoirs. This will include encouraging collaboration between small organisations where they can jointly procure reservoir safety engineer services for all of their assets.

This reform was suggested in the ICE review and recommendations 7 and 9 of Professor Balmforth’s review.

4.3 Updating the approach to regulation and enforcement

Role of the Environment Agency

This reform will introduce a stronger regulatory role for the EA in assessing and challenging engineer’s performance and reports. It will provide assurance and ensure the spot-checking of owners’ activities. The degree of regulatory effort involved should be proportionate to the risks involved.

This reform was suggested in recommendations 2, 11 and 12 of Professor Balmforth’s review.

Charging scheme

We will consult on and develop a proportionate charging scheme for the EA’s reservoir regulation tasks. This will be similar to other regulated sectors where more of the costs of regulation are paid by the regulated sectors rather than taxpayers. Charges for regulatory activity should taken into account the differences in the risks posed and hence the level of regulatory activity required.

This reform was suggested in recommendations 2 and 12 of Professor Balmforth’s review.

Civil sanctions

The EA has limited powers to issue civil sanctions or financial penalties to enforce the existing a range of reservoir safety offences. In most cases the only option is prosecution, which may be disproportionate and burdensome to administer. The aim is to develop and consult on a range of civil sanction options. For example financial penalties or enforcement notices. Different types of civil sanction will be appropriate depending on the types of owners, reservoir, and offence.

This reform was suggested in recommendation 12 of Professor Balmforth’s review.

Records, registers and management plans

There are recommendations for a range of changes to documents and reporting processes. These include:

• the EA reporting on reservoir safety regulation annually rather than every 2 years
• improving reporting of incidents and near misses
• introducing a more modern, online, approach to the public register
• introducing arrangements for reservoir owners to have a ‘reservoir safety management plan’ which brings together in one place various bits of information which are currently in several different documents

This reform was suggested in recommendations 3, 4, 9 and 14 of Professor Balmforth’s review.

5. Initial areas of engagement

Defra and the EA will carry out a range of consultations and stakeholder engagement in 2023 to support the 3 areas of reform.

5.1 Creating a more modern approach to hazard management

Hazard classification project

A research and development project has been specified to help develop new hazard classification and how it will operate. The project is out for tender. Good safety management practice in other countries and sectors will be looked at. The project will involve stakeholders in shaping the details of the classification and what that could mean in practice for reservoir owners and engineers.

Initial engagement will be carried out in spring 2023.

Small raised reservoirs

The EA will gather information from reservoir owners about their small raised reservoirs. The information will help inform development of the hazard classification and how it may operate, and support development of proposals for how small reservoirs might be regulated.

Initial engagement will be carried out in spring 2023.

5.2 Improving the supply and capacity of reservoir safety engineers

Future supply of engineers

Defra commissioned ICE to undertake a review on the future supply of engineers. The ICE report has been published and identifies 6 themes for investigation and development. The government has welcomed the report. Actions on these recommendations will be included part of the wider reservoir safety reform programme.

Initial engagement will be carried out in spring 2023.

5.3 Updating the approach to regulation and enforcement

Post implementation reviews (PIRs)

PIRs are a statutory requirement undertaken every 5 years to review the effectiveness of secondary legislation. These would occur irrespective of the wider programme of work but, in this instance, provide useful insight into how the regulations are operating at present.

The reviews are looking at two sets of regulations:

• capacity, registration and prescribed forms
• exemptions, appeals and inspections

A short set of questions on the regulations have been shared with the ICE Panel Engineers Committee and a sample of reservoir owners. The EA has also contributed information to the reviews. A report of the reviews giving its findings and recommendations will be published. Further written consultation will then follow about any proposed legislative changes.

We aim to publish the reviews in summer 2023.

6. How you can engage with the reform programme

Defra and the EA will make contact with stakeholders throughout this reform period, and updates will be provided to the relevant sectors. There will be different approaches at different times - from informal discussions on specific topics through to formal written consultations on options and proposals.

We would like to make use of existing forums and communications routes where possible. For example, we are already in contact with the following groups:

• the ICE Panel Engineers Committee
• National Farmers Union water for food group
• Angling Trust Network
• Water Company Utility Group
• Major Reservoir Owners Group

We would be grateful for your views on how we can best involve you in this important work.

Please send any views or questions to the Environment Agency, National Reservoir Safety Team at [email protected].