Explanatory note

This Order, made on the application of the Environment Agency, makes provision to meet a deficiency in the level of water in the Holme Styes Reservoir, which arises from an exceptional shortage of rain and poses a serious threat to the flora and fauna which are dependent on those waters, including flora and fauna in the River Ribble, West Yorkshire, into which this reservoir flows. In accordance with section 74(3) of the Water Resources Act 1991, this Order will cease to have effect on 14th February 2023 (within six months of the day on which the Order comes into force).

The impoundment licence numbered NE/027/0010/010 currently requires the Company to make a continuous release of compensation flow from the Holme Styes Reservoir into the River Ribble. For the period February to October inclusive, the compensation flow must not be less than 1.98 megalitres per day. For the period November to January inclusive, the compensation flow must not be less than 4 megalitres per day. This is subject to an exception. When the level in the reservoir during the period November to January is equal to or lower than 6.18 metres below top water level, the compensation flow must be reduced to not less than 1.98 megalitres per day.

The effect of this Order is to modify the conditions in the impoundment licence so that the volume of compensation water that the Company is required to release is reduced to not less than 0.99 megalitres of water per day.

Article 4 provides that the modifications made by this Order are not to be taken as authorising any environmental damage for the purposes of the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 (S.I. 2015/810) (and accordingly, the Company may not rely on this Order to support grounds for an appeal against a notice relating to remediation of environmental damage).

The impoundment licence is available for public inspection at Environment Agency, Lateral House, 8 City Walk, Leeds LS11 9AT.

A full impact assessment has not been produced for this instrument as no, or no significant impact on the private, voluntary or public sector is foreseen.