Montgomery Canal Conservation Management Strategy (1.2MB PDF)

2.1 INTRODUCTION
Many of the conservation issues and policies are covered in detail throughout the Strategy, but it is also essential to
review where the proposed restoration of the Montgomery Canal sits in a range of national, regional and local policies
and legal constraints.
The Strategy is a framework for more than just a conservation project, but a major scheme that will play a substantial role
in the rural regeneration of the canal and its hinterland. This section seeks to summarise some of those policies, and
demonstrate the range of linkages between them and the proposed sustainable restoration programme.
2.2 NATIONAL INITIATIVES AND POLICIES
2.2.1 Legislative Framework
The British Waterways Board was established by the Transport Act 1962. The Transport Act 1968 led to the
classification of the Montgomery Canal as a remainder waterway. Under the provisions of this bill, British Waterways are
barred from spending money on the canal, over and above that necessary for health and safety, and maintaining the
canal as a drainage channel. Restoration of the Montgomery Canal was formally enabled by the British Waterways Act
1987, which included very limited powers of compulsory purchase for specific road crossings. This Act was supported by
a detailed agreement with the then Nature Conservancy Council.
Many of British Waterways’ current duties were introduced by the British Waterways Act 1995, including a statutory
duty regarding conservation of the natural and built heritage, preserving public access and protecting Remainder
waterways for potential future use. In 1999, the Government provided BW with a new Framework Document with the
following key Aim for the organisation:
“Britain’s inland waterways, comprising canals and navigable rivers, are an important national asset for
future generations to enjoy. The Government is keen to see them maintained and developed in a
sustainable manner so that they fulfil their full economic, social and environmental potential.”
This wide framework of responsibilities is the context within which this sustainable restoration is planned.
More recently there have been two important pieces of legislation in respect to nature conservation that are crucial to the
current work. In order to fulfil United Kingdom commitments under the European Habitats Directive, a number of sites
have been submitted as candidate Special Areas of Conservation, under the Conservation (Natural Habitats etc)
Regulations, 1994. British Waterways is a competent authority within terms of the Habitats Regulations.
The Wales length of the Montgomery Canal was notified as part of this process, and its status was recently confirmed as
a Special Area of Conservation (SAC). Also the Countryside and Rights of Way Act (CROW) (2000) imposed a legal
obligation on government agencies and departments to take all reasonable steps to positively manage and where
possible enhance all Sites of Special Scientific interest (SSSIs) in their ownership. These are sites of national importance,
the notification of which is the responsibility of English Nature and the Countryside Council for Wales. This Act
consequently applies to all of the Wales length of the canal, and the England section from Keeper’s Bridge to Aston
Bottom Lock, a distance of four kilometres. Its philosophy is at the heart of the proposed sustainable restoration outlined
in this document.
The Water Framework Directive is the most substantial piece of European Union water legislation to date. It requires all
inland and coastal waters to reach “good status” by 2015, and implementation has started through the UK government
publication “The Water Environment (Water Framework Directive) (England and Wales) Regulations 2003”. At present
(September 2005) standards required for canals have not been defined, but it is expected that the standards required to
achieve favourable nature conservation status for the canal will be sufficient to meet Water Framework Directive
requirements.
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