Dr Nicholas Islwyn D. Fenwick, Head of Policy, Farmers’ Union of Wales, Llys Amaeth, Plas Gogerddan,
Aberystwyth, Ceredigion, SY23 3BT
Tel:
Fax:
E-mail:
01970 820820
01970 820821
nick.fenwick@fuw.org.uk
Water Branch
Welsh Government
Cathays Park
Cardiff
CF10 3NQ
water@wales.gsi.gov.uk
24th September 2015
Dear Sir/Madam
Re Welsh Government Consultation on the Prevention of Pollution (Oil Storage) (Wales) Regulations
The above named consultation document has been circulated amongst the Farmers’ Union of Wales’ twelve
County Branches, and their responses have been taken into full account in drafting the below response.
Question 1: Do you consider that the proposed Regulations will provide improved protection for the
water environment?
Members noted that the Welsh Government’s claims that “…the total number of oil-related water
pollution incidents in Wales have remained reasonably stable over the period 2005 to 2014”1 and that
“the number of oil pollution incidents in Wales shows no downward trend…”2 were false, as
evidenced by both figures and graphs set out in the consultation document and accompanying
Regulatory Impact Assessment.
Specifically, the figures show:
a)
A general pattern of reduced incidents of oil-related water pollution, with an average fall of 6
percent per year since 2005
b)
A 20 percent fall in incidences when comparing the periods 2005-2008 and 2012-2015
c)
That incidences per unit area of land in Wales are a fifth of what they are in England, and
only marginally higher than in Scotland
d)
That incidences per head of population in Wales are well below the levels seen in both
England and Scotland, with the latest figures (2014) suggesting Welsh incidences to be
approximately half the level seen in those countries
As such, the Welsh Government’s previous approach has been shown to be both successful and cost
effective and should be continued.
Members also expressed concern at the lack of data in terms of the proportion of the incidences
quoted which could be attributed to domestic, commercial non-agricultural and agricultural storage.
As such, it was believed that the exemptions applied to agricultural businesses should be continued,
particularly given current and likely future economic pressures, and that incidences would continue to
decline as older oil storage facilities were replaced.
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Regulatory Impact Assessment for the Control of Pollution (Oil Storage) Regulations (Wales) 2015
Consultation Document: Water Pollution Prevention – Oil Storage Standards
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Question 2: Are there any activities other than those specified in draft regulation 4 which should be
exempted from the Regulations?
Notwithstanding the above comments, it is believed that the 200 litre threshold should be increased
significantly in order to cater for small and medium sized enterprises, including farms, particularly
given current and likely future financial pressures on such businesses.
Question 3: Are the timescales for the provision of secondary containment for existing tanks
reasonable?
Notwithstanding the above comments, Members believed that in order to provide sufficient time for
businesses to adapt to the regulation and take economic factors into account:
a)
Existing non-domestic storage facilities located within 10 metres of a watercourse or 50
metres of a well, spring or borehole should have to comply within five years of the
Regulations coming into operation;
b)
All remaining existing non-domestic storage facilities should have to comply within ten
years of the Regulations coming into operation.
Question 4: Have you any comments to make on the sectors to which the Regulations will apply?
Given the lack of data in terms of the proportion of the incidences quoted which could be attributed to
domestic, commercial non-agricultural and agricultural storage, the exemptions applied to agricultural
businesses should continue, particularly given current and likely future economic pressures and the
success of the current approach.
Question 5: Do you consider the enforcement provisions are reasonable and effective?
The enforcement provisions will represent an additional cost for enforcement bodies despite ongoing
improvements in terms of reduced pollution incidences under the current approach.
Question 6: Have you any comments on particular aspects of the proposed Regulations or the regime
in general?
Please see the above comments
Yours faithfully
Nicholas Fenwick
Head of Policy
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