9. Short Debate: The impact of Natural Resources Wales's phosphate regulations

Part of the debate – in the Senedd at 6:02 pm on 30 June 2021.

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Photo of Julie James Julie James Labour 6:02, 30 June 2021

Diolch, Llywydd. Sustainably managing our natural resources and enhancing our environmental assets for future generations is absolutely at the heart of the Welsh Government's long-term ambition. Given our strategic objectives and the requirements of the Environment Act (Wales) 2016 and the Well-being of Future Generations (Wales) Act 2015, we need to adopt a whole-ecosystem approach. We need to work with partners and stakeholders to reduce nutrient concentrations. This will ensure Welsh rivers are as resilient as possible to current and emerging pressures.

I'm sure I do not need to emphasise how central the availability of clean water and a healthy water environment is to our economy, well-being and national identity. We face significant challenges for the future management of our natural resources. We need to act now to ensure that Wales has a thriving water environment that is sustainably managed. It is also crucial that we take action to protect this great natural resource. It is also our duty to care for all of Wales's rivers, especially those internationally important and designated as special areas of conservation. We can be proud of having nine river catchments designated in Wales, forming part of a larger network of protected sites across Wales, all of which are crucial to helping tackle our nature and climate emergencies.

As has already been mentioned, these waters support some of Wales's most special wildlife, like the Atlantic salmon, freshwater pearl mussel, and the white-clawed crayfish. SACs are also essential places of recreation and relaxation, and there is also a growing body of evidence that access to nature, including rivers, can have a hugely positive effect on people's mental health.

The adoption of tighter phosphorus targets within SACs by NRW was a response to scientific evidence and advice by the Joint Nature Conservation Committee. Phosphorous is a naturally occurring element. Normally, it is released slowly at low levels from natural sources. However, human activity is also responsible, due to the way we manage our land and how we dispose of our waste water and sewage. Climate change also plays a role. Warmer and drier summers reduce flows during the growing season, resulting in increased nutrient levels in our waters.

Why is phosphorous so damaging to the water environment? Well, even at lower concentrations, phosphorous can have a negative impact on reef reed ecology. It causes eutrophication: a significant reduction in the availability of oxygen within the river system. Nutrient overload leads to algae boom on the surface, killing the aquatic species below. NRW's assessment of phosphorous levels established an alarming failure in our SAC rivers, with only 39 per cent passing the required target. The subsequent advice that NRW issued to planning authorities reflects the current state of our waters. It is designed to ensure developments within these sensitive areas are not taking place to the detriment of our environment. NRW's advice is in line with the ruling of the European Court of Justice from 2018, generally referred to as 'the Dutch case'. The ruling, under the habitats directive, requires a guarantee that the natural features of nature conservation areas are not affected by any proposed development. Unless a development can be proven to be neutral—for example, it does not increase existing nutrient levels—planning permission must not be granted. The case law forms part of EU retained law under the withdrawal agreement, and Wales is under obligation to comply with it.

As a result of NRW's assessment, it is clear we need to take a more precautionary approach to development in SACs. More assessment is needed of each of the proposed projects to fully understand the environmental impact. Assurances that nutrient levels are not going to increase are needed. There are solutions, many of which are nature based, which can offset phosphorous pollution whilst allowing developments to take place. These are complex, however, and need to be explored on a catchment basis by all affected sectors, bringing together developers, farmers, water companies and the regulators. It is absolutely necessary we take a cross-sectoral approach to reducing phosphorous levels in Welsh SACs in order to safeguard our natural river environment. The pressures are multiple, from sewage discharges, agricultural run-offs, sceptic tanks and misconnections. There isn't one cause of pollution, and the pressures differ depending on the characteristics of the particular river catchment. Our rivers and Wales's environment need to be managed holistically.

Moving forward, we need to achieve a fair balance between the environment and the economy. These two terms do not need to be mutually exclusive. Green growth is more than just a utopian aspiration; it is the only long-term solution to the climate and nature crisis we are experiencing, and, indeed, Llywydd, have just debated in the Chamber. And in that debate, I said we need to take a long, hard look at what we're asking for whilst also asking to declare a climate and nature emergency. This is one such, where we have to take a long, hard look at what we are doing to our rivers and mitigate the effects of our previous development. To manage that issue, a project plan has been set up in NRW—delivering the SAC rivers project, investigating and tackling phosphorous pollution for rivers, including the Wye, Usk, Cleddau, lower Teifi and the Dee, and that is part of the NRW corporate plan for 2021-22. Under the project plan, NRW will provide advice and position statements to key stakeholders, including local planning authorities. Other aspects of the plan focus on water quality standards, compliance assessments and interventions to deliver water quality improvements. There is indeed a commitment to increase monitoring and data collection as well.

My officials have also set up an SAC management oversight group to provide high-level governance and strategic direction to help expedite a number of relevant work areas. As this issue affects many sectors and stakeholders, the group includes representatives from across the relevant policy departments, as well as key external stakeholders, to provide a focus for collaborative multisectoral responses. A planning sub-group has also been established, made up of local authority planners, representing the Planning Officers Society for Wales, the Planning Inspectorate, Welsh Government, the Home Builders Federation, Dŵr Cymru Welsh Water and NRW, to consider specific implications for planning system priorities and improved planning guidance.

As a recent UK climate change risk assessment highlights, fresh water habitats and species are particularly vulnerable to high water temperatures and drought. The causes of pollution and the threat they pose to our natural river ecosystems in the face of rising water temperatures are particularly acute. Warmer river temperatures reduce oxygen levels and increase rates of biological chemical processes. This is especially the case for algal growth rates and nutrients. We need to act decisively to tackle the climate and nature emergency, as everybody said in the previous debate, so that people can go on treasuring Wales's rich natural resources for generations to come, and, Llywydd, this Government is doing exactly that.