News: Flood and Water Management Act 2010 – Update

T he Flood and Water Management Act 2010 became law on 8 April 2010. The Act, along with the Flood Risk Regulations 2009 transpose the EU Floods Directive and provide an integrated approach to the management of flood risk.

The text of the Act is available at

The Act has a particular importance for the management of surface water, clarifying responsibilities and in particular, introducing new provisions on Sustainable Drainage Systems (SuDS) in Schedule 3.

Schedule 3 of the Act includes:

  • A requirement for Welsh Ministers to publish national standards for the implementation of SuDS.
  • The establishment of a “SuDS Approving Body” (SAB) at county or county borough level.
  • A requirement for new development to use SuDS drainage for surface water management
  • Developers must apply to the SAB for approval of the SUDS scheme for a site before construction starts
  • For public SuDS (not those serving a single property) the SAB will adopt and maintain the system.

The details of how applications will be made, the related fee structure and measures such as enforcement and appeals will be the subject of further legislation. A consultation on these statutory instruments, the standards and related guidance and implementation is due early in 2012.