Government Response to Consultation on Running of the Broads

Defra Consultation on the Governance Arrangements for the National Parks and the Broads

The outcome of the consultation was published in September. The Government does not propose any change in the size of the Broads Authority. This accords with NSBA’s representations to Defra.

Unfortunately, the Government has decided not to change the composition of the Authority, despite the NSBA’s submission that there should be some seats on the Authority reserved for representatives of tollpayers. At present there is no guarantee that a single tollpayer is a member of the Broads Authority. This seems indefensible when tollpayers contribute so much to the Authority’s budget. By 2014/15 tollpayers will provide 48% of the Authority’s income, the proportion of toll income being used to fund overhead costs rising from 21.5% to 43% in that time. NSBA will continue to press for tollpayer representation.

The Government has agreed with the Broads Authority’s wish to carry out a formal review of the Authority’s consultative structure, including the Navigation Committee. The NSBA regards the role of that Committee as of fundamental importance and would not wish to see it diluted in any way. NSBA will be active in seeking to ensure that this does not happen.

NSBA Reply to DEFRA Consultation

HEAVY-HANDED LEGISLATION COULD RUIN THE BROADS

Insensitive application of statutory powers could damage the whole social and economic fabric of the Broads, says the Norfolk and Suffolk Boating Association (NSBA), in a submission to the Department of Farming and Rural Affairs (Defra) on its consultation on the future management of National Parks and the Broads.

NSBA, which represents private boat owners and toll-payers on the Broads, says a reduction in the number of those using the Broads would impact on the infrastructure and lead to a reduction in the potential income to both the Broads Authority (BA) and the local economy from visiting boat-hirers and owners.

Defra is seeking to update Government policy on dealing with climate change, conservation and enhance of the landscape and natural heritage, securing maximum value for money from funding and, fostering biodiversity, within National Parks and the Broads. Public bodies would be seen as acting unreasonably if they ignored it and/or acted differently without good reasons for doing so.

NSBA vice-Chairman Richard Card said: “The economic infrastructure of the Broads is not a matter simply of local concern because it (particularly boat building and repair) supports a significant turnover of work for other areas of the UK and for the export industry. It is therefore an added responsibility for the Broads Authority to safeguard this in the interests of the national economy as a whole.”

Without adequate income the BA would not be able to maintain the navigation area, to the consequent detriment of the Broads system.

“Without the essential dredging work, for example, the system would gradually become unusable for navigation; the income derived from it by local businesses would dramatically shrink and the wildlife associated with the waterways would reduce in variety and number,” he said.

The Broads are a fragile eco-system. Even a temporary incursion of flooding by the sea would affect their biodiversity for years. Difficult, radical decisions had to be made, and the necessary funding secured to protect the future. Other national waterways receive considerable grant funding from central government, and toll payers should not foot the entire bill.

“We welcome the statement that Defra will discuss with the BA whether some additional funding should be incorporated in the Authority’s grant baseline for future years, but we would urge that the question is not ‘should it’ but ‘how much’ and ask ‘will it be ring-fenced for use in respect of the navigable waters?”

He also called for the restoration of public staithes, something that the Broads Authority had sadly neglected.

Consultation on the Merchant Shipping (Watercraft) Order 200X

In the summer, the Department of Transport published a consultation paper proposing that the definition of ‘ship’ in five pieces of merchant shipping legislation dealing with registration as a British ship, safety of vessels, conduct endangering ships, structures or individuals and ‘drink/drive laws on the water’ should be extended to every description of watercraft which are not currently classified as ‘ships’. The proposals were motivated by problems caused by irresponsible drivers of personal watercraft (eg jet-skis) in coastal waters, but they would also bring within the extended legislation: sailing dinghies, rowing boats, sailboards, canoes, rowing eights, fours etc and speedboats, for example.

The NSBA responded to the consultation. The response is on the NSBA website. The NSBA stated that, while there might be a need for the proposed extension of the legislation to those waters where there is currently no legislative regime in order to deal with the unsafe navigation, or the unsafe condition, of vessels, or the effect of alcohol or drugs, the navigation area of the Broads is already subject to an adequate legislative regime in these respects in respect of vessels of the types listed above. The NSBA stated that there is no need for further legislation relating to safety as far as the Broads are concerned. To introduce it would lead to unnecessary duplication with the risk of inconsistency between the two regimes.

The outcome of this consultation is not yet known.

click here to view the NSBA response in PDF format