6.1 In common with other ports and harbours, GHT has a variety of environmental duties under a number of acts and regulations. Of particular importance amongst these are:
- The Harbours Act 1964 (Section 48A), as amended by the 1992 Transport and Works Act, which places a general duty on harbour authorities to exercise their functions with regard to environmental (nature conservation, geological, physiographical, access and heritage) consideration.
- The Conservation (Natural Habitats &c) Regulations 1994, implementing the EU Habitats (92/43/EC) and Birds (79/409/EC) Directives, which require an 'appropriate assessment' to be carried out where it is likely that a proposed plan or project will have a significant effect on a European site (SPA for birds or SAC for habitats).
- The Harbour Works (Environmental Impact Assessment Regulation 1999, implementing the EU Environmental Impact Assessment (EIA) Directive (97/11/EC), which require an EIA to be carried out and a report known as an Environmental Statement to be prepared for certain projects which are likely to have a significant environmental impact.
- The Countryside and Rights of Way (CROW) Act 2000, which requires a Section 28g authority to further the conservation and enhancement of a SSSI and to notify English Nature and/or Countryside Council for Wales prior to authorising or carrying our any operation likely to damage the interest of such sites.
6.2 In addition, three EU Directives, which have yet to be implemented, will have implications for GHT, further requiring the Trustees to ensure that environmental considerations are clearly taken into account in any decisions on whether to undertake or approve proposed projects within the area over which GHT has jurisdiction. These Directives are:
- Water Framework Directive
- Strategic Environmental Assessment Directive
- Environmental Liability Directive
6.3 The statutory authorities for nature conservation are English Nature (EN), the Countryside Council for Wales (CCW) and the Environment Agency (EA). There are also many non-statutory bodies which are interested in the Rivers. The Wye Valley Area of Outstanding Natural Beauty (AONB) is a partnership of the statutory authorities.
6.4 Whilst recognising the importance of preserving and enhancing the natural habitat flora and fauna and its responsibilities as a public body in relation thereto, GHT is a navigation authority and must manage and maintain the delicate balance between conservation and the statutory right of navigation within the Gloucester Harbour for vessels of all types.
6.5 The national and international importance of the Rivers Severn and Wye has been recognised by their nature conservation designations.
6.6 Parts of the Gloucester Harbour support large populations of migratory wildfowl and waders and the Wildfowl and Wetlands Trust has its HQ and public viewing facilities at Slimbridge.
6.7 GHT has regular contact with the statutory bodies listed in paragraph 6.3 and they are invited to the biannual meetings of the Advisory Body.
6.8 Although the waters of the Estuary are tidally dominated, substantial freshwater flows enter the system primarily from the Rivers Severn and Wye. Both these rivers are affected during low flow conditions by water abstraction and, as a result, flows of fresh water into the tidal regime are now diminished. GHT have co-operated with British Waterways, the Environment Agency and Bristol Water plc in the preparation of a research project at Gloucester aimed at mitigating these effects in so far as the river Severn is concerned.
POLICY ME 1
a) GHT will continue to co-operate with the statutory authorities and non-statutory bodies in relation to preserving and enhancing the natural habitat, flora and fauna of the Gloucester Harbour provided that its navigational interests are not adversely affected.
b) GHT will not issue a works licence which will in GHT's opinion cause irreparable damage to conservation interests.
c) GHT will not issue a dredging licence for any dredging which does not meet Policy Dredge 1.
d) GHT will not support activities unconnected with legitimate acts of navigation which have a long-term detrimental effect on the natural ecological and environmental balance of the Gloucester Harbour, unless overridden by the national interest.
6.9 The following plans are in place for dealing with emergencies:
i) GHT Emergency Procedures Issue 5 dated May 2003
ii) Second Severn Crossing plc Emergency Plan Issue 5 dated June 1998 amended July 2002
iii) Oldbury Emergency Plan prepared by Magnox Electric Issue 3 dated May 1999
iv) National Contingency Plans prepared by MCPU dated August 1998
v) An OPRC-compliant Oil Spill Contingency Plan
vi) A Counter Pollution Plan for the Bristol Channel (in course of preparation) will complement and augment (v) above
vii) Berkeley Emergency Plan prepared by Magnox Electric
viii) Gloucestershire Emergency Plan
ix) Bristol City Council and South Gloucestershire Offsite Emergency Plans for Control of Major Accidents and Hazards (COMAH) Sites provide for notification of GHT's Harbour Master by the Coastguard if it is considered likely that navigation will be affected.
POLICY ME 2
GHT will support the regular review and updating of the above plans by the issuing authorities and any exercises organised to test their implementation.
POLICY ME 3
GHT will support with appropriate proportionate levels of resources the preparation of the Counter Pollution Plan for the Bristol Channel.