Phosphate Levels in Riverine Special Areas of Conservation

2. Questions to the Counsel General and Minister for the Constitution – in the Senedd on 30 June 2021.

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Photo of Cefin Campbell Cefin Campbell Plaid Cymru

(Translated)

5. What discussions has the Counsel General had with the legal sector regarding the impact of legislation and guidance on phosphate levels in riverine special areas of conservation? OQ56692

Photo of Mick Antoniw Mick Antoniw Labour 2:57, 30 June 2021

I thank you for that question. I have to say, the subject matter is not one I am deeply familiar with, but I can say that the Welsh Government and NRW are committed to tackling pollution in Wales’s nine river special areas of conservation. I have not had any discussions with the legal sector on this matter to date.

Photo of Cefin Campbell Cefin Campbell Plaid Cymru

(Translated)

Thank you for that response. I understand that the regulations that impact on rivers in special areas of conservation emanate from the 2017 UK Government conservation of habitats regulations. Despite that, many rural areas feel very frustrated about the way in which this guidance has been introduced, with scant consultation or discussion prior to its implementation with local authorities and housing developers. The planning guidance raises many questions for local authorities, particularly with regard to their ability to fulfil their housing allocations as outlined in their local development plans, and some development plans have now been postponed as a result of this, which does cause all sorts of problems.

In terms of unlocking some of these development sites, there will be a need for confirmation of investment from Dŵr Cymru to treat phosphate levels in those waste water treatment sites that serve the areas in question. Unfortunately, this isn't likely to be announced until 2022 and won't be implemented until 2025. This, of course, is going to cause further delay in the planning process. So, what discussions have you had with Government Ministers on the need to look at the legislative framework in this particular area to ensure that discussions do take place between the major stakeholders and bodies in Wales to get to grips with the concerns that have been expressed? Thank you.

Photo of Mick Antoniw Mick Antoniw Labour 2:59, 30 June 2021

I'm certainly aware of the concerns, and those concerns have been raised in this Chamber in debates on a number of occasions. I'm grateful to you for refocusing on those and raising those again.

There have been a number of ongoing discussions that are there. It's not appropriate for me, really, to intrude on the portfolio of another Minister that has specific responsibility for this area. I know the Welsh Government has established the SAC management oversight group to engage with the relevant stakeholders and to develop and deliver measures needed to help improve phosphate levels in Wales. Dŵr Cymru have also confirmed that they've arranged to meet local authorities on these issues, and I also understand that Dŵr Cymru Welsh Water's developer services team are in contact with local authority planning officers, and they're providing information on phosphate capability. I'm probably limited in actually being able to say anything further specifically on regulations. There is a judicial review that is being dealt with, and it would not be appropriate for me to comment further in that respect.

Photo of David Rees David Rees Labour 3:00, 30 June 2021

(Translated)

Question 6, Rhys ab Owen.