We feel that it may be helpful to provide a stakeholder update from NRW on the roles and responsibilities of involved organisations along with key considerations and requirements for this process.

To clarify the roles and responsibilities of NRW and Powys County Council (PCC), NRW are the Environmental Regulator and PCC are the Section 28G Authority under the Wildlife and Countryside Act 1981 and Competent Authority under The Conservation of Habitats and Species Regulations 2017 (Habitat Regulations).

NRW is required to provide advice to PCC with regard to considering the launching of canoes and other craft from their site, Glas y Bont. This advice considered risks to all features of the Upper River Wye Site of Special Scientific Interest (SSSI). NRW is required to sign off their Habitat Regulations Assessment (HRA) and recreation management plan, demonstrating the mitigations to the risks to the SAC features identified.

PCC engaged professional environmental consultants to prepare their HRA and are finalising their subsequent recreation management plan (Concordat and Code of Conduct).

This has proceeded well with our outstanding requirements for final NRW sign off being:

1. The clarification of their mechanism for policing the concordat.

2. Confirmation of monitoring of operator/organised group launch numbers.

3. Removal of non-consented landing sites between the Bont and the Gliss in the concordat and advise “no stopping / landing”.

We wish to be clear that the NRW advice to PCC, along with the required HRA, management plan and its sign off has no requirement for consideration of any right of access or passage downstream. It is solely concerned with the consideration and reasonable mitigation of the potential environmental impacts resulting from this recreational activity. This is also the case when NRW issue a S28E consent to launch.

Expanding on the consideration of access, the right of passage for paddle sport on the upper Wye, including the stretch between the Bont and Hay town is granted by the Wye and Usk Foundation (WUF) Navigation on the Upper Wye and Usk | The Wye and Usk Foundation (wyeuskfoundation.org). The arrangement is not an agreement and as such has no requirement for any organisation to sign-up to it. It simply provides a right of passage within specified conditions.

With regards to water levels, NRW’s initial advice required PCC to set a minimum water level to launch canoes. This advice was subsequently amended to reflect NRW’s precautionary approach and review of risk, formalised in our letter to them on the 25th March 2022, which removed any requirement for PCC to set a water level.

NRW recognise the value of “water levels” as a recreation separation tool, as used by the WUF in their Upper Wye Access Arrangements. That said, it is important to recognise that these were not based on environmental evidence or risk to SSSI features. NRW does not consider that water levels are a realistically deliverable environmental control measure and has never evidenced or set one.

We hope this provides some clarity and look forward to the reopening of the Bont.