The following Motion has been submitted in accordance with Council Procedure Rules 15.1 and 15.2.
MOTION 1
Proposer: Councillor McAuliffe
Seconder: Councillor Wallsgrove
Summary
It is requested that Council supports a motion to examine the concept and feasibility of establishing a mechanism of advocacy and improved protection for the River Arun.
Context
Our rivers and streams are under severe pressure from a range of human activities. Sewage discharges, agricultural runoff, chemicals from road drainage, industrial effluent and non-native invasive special all have adverse impacts on water quality, riparian biodiversity and river health. These activities are not prevented in law. Indeed, in many cases they are designed into our infrastructure, our business models and are allowed to persist despite the known hard. This has direct impacts for wildlife and humans through deterioration of aquatic habitats, lower water quality which leads to increases in water treatment costs, losses of recreational availability and ultimately, downstream impacts spreading to the coastal waters which support our local economy and wildlife.
It is evident that existing legal systems have failed to adequately protect our rivers and coastal waters. In England, 90 per cent of rivers are classified as being in ‘unfavourable’ condition. Those tasked with safeguarding these environments are under-resourced and lack the legal sanctions they would like. Adopting this Motion is an opportunity for the Council, as Civic Leaders, to support our partner organisations and bolster the health and future of the River Arun and our coastal communities.
Rights of Rivers is a global movement that aims to rebalance our relationship with rivers. The aim is to reverse the current societal position that rivers serve a utilitarian function and exist for the use and exploitation of humanity. Rights of Rivers establishes an intrinsic right for rivers to exist as entities in their own right and as vital components of the natural world rather than merely serving the needs of humanity.
The Rights of Rivers global movement has framed The Universal Declaration of River Rights which says that all rivers shall possess the following fundamental rights: (1) the right to flow (2) the right to perform essential functions within the river’s ecosystem (3) the right to be free from pollution (4) the right to feed, and be fed, by sustainable aquifers (5) the right to native biodiversity (6) the right to regeneration and restoration.
This approach is supported by the Sussex Wildlife Trust, the Ouse and Adur Rivers Trust, Lewes District Council ‘Rights of the River Ouse’ Motion and Adur District Council’s ‘Declaration on the Rights of the River Adur’. Angling clubs, boating interests, tourism bodies, wild swimming clubs and conservation organisations have all expressed support for establishing Rights of Rivers. Our residents have also robustly demonstrated their opposition to the way rivers and streams are exploited by water companies for the disposal of human waste – as has this Council.
This Motion is our opportunity to explore methods of establishing a legacy of protection and enhancement for the River Arun. We can examine how, through mechanism that promote advocacy enshrined in our policies, strategic vision and Local Plan, we can set a goal of reversing the historic over exploitation of the Arun – the river that defines our landscape and gives this District its name.
Motion
(1) This Council acknowledges the work of multiple bodies in addressing the health and wellbeing of the River Arun and believe that there is a case to be made for adopting the ‘Rights of Rivers’ approach; and
(2) This Council will explore, with local communities and relevant stakeholder, the feasibility of implementing Rights for the River Arun and will, within two years return to Full Council with its findings for further debate and possible adoption.
Supporting ADC Policies
C SP1
ENV SP1
ENV DM3
H SP2
QE SP1
T SP2
TOU SP1
W SP1
W DM1
W DM2
WDM4
Minutes:
The Chair confirmed that in line with requirements of the Constitution a motion had been submitted in accordance with Council Procedures 15.1 and 15.2.
The Chair invited Councillor McAuliffe to present his motion.
Councillor McAuliffe stated that when he had first come across the Rights to Rivers concept, he had questioned what this meant and so he had undertaken some research. This had revealed that we afford rights, as a society, to entities all the time, examples were The Albert Hall, Arundel Cathedral and Castle. They were all afforded special rights and protection under the listed buildings process. Trees were protected by Tree Protection Orders and even companies were afforded legal rights under English law. As part of his role as this council’s appointed representative on the South Downs National Park, an authority that had 27 Councillors to speak up for and to protect the park’s area, why could we not do something similar for rivers and the River Arun? It was accepted that the public wanted councils to afford greater protection to rivers; the anger relating to sewage discharge and the anger and anguish relating to village ponds littered with dead and dying fish due to a lack of oxygen and wildlife choking due to plastic waste was all there to be seen.
The existing protections had clearly failed and so it was time to rethink our relationship now with rivers and do better. Councillor McAuliffe outlined that he was suggesting that the council look at the possibilities of where it could provide extra protection and that as a council we should look at the options coming forward from external stakeholders and engage with those people that work, live and care for the River Arun every day so that we could understand the issues and where the council could play a part whether that was through the Local Plan, the council’s Vision and objectives. This process needed to start now, and it was suggested that this work commence over a two year period to look at feasibility before reporting back to Council with outcomes.
Councillor McAuliffe outlined that this was a global movement with many cities around the world having adopted Rights for Rivers. Adur District Council had recently passed this very Motion for the River Adur and Lewes District Council had adopted rights for the River Ouse. The council would not be working in isolation and should find ways of achieving this to better protect the River Arun. Councillor McAuliffe hoped that Councillors would give his motion consideration in an attempt to explore a legacy of protection and enhancement for the River Arun. He hoped that Councillors would give their consideration in protecting the river that defined Arun’s landscape and gave the district its name.
Councillor Wallsgrove then seconded the Motion.
The Chair confirmed that the Motion would now stand referred to the Environment and that this had been decided in consultation with Councillors McAuliffe and Wallsgrove.