Relevant Legislation Under common law you are the owner of any watercourse within or adjacent to the boundaries of your property, and have a duty and right to receive a flow of water without undue interference in quantity or quality. Unless otherwise known, the landowner (riparian owner) on each side of a watercourse is assumed to own up to its centre. Flood Risk Management Act 2013 Under this Act, a watercourse includes all rivers, streams, ditch-es, drains, cuts and culverts. Landowners have a duty to main-tain all watercourses on their land such as not to compromise flood protection functions and, with the exception of routine drainage ditch management, written consent from the MUA must be obtained prior to conducting any works in or adjacent to any watercourse, including bank repairs or erection of structures such as cross-channel barriers, culverts

or bridges. Watercourses designated under this Act as ’Main Rivers’ are maintained by the Flood Risk Management Team, MUA such as to prevent flooding. Within a Main River corridor, which legally extends 9.1m either side of each bank, consent is required for planting of trees and shrubs or erection of any structure. Fisheries Act 2012 This protects all freshwater fish species and their habitats from damage and detrimental disturbance, and safeguards a free river passage for fish. Wildlife Act 1990 This protects many species including all birds (inc. nests/eggs), bats and some wild plants from intentional or reckless disturbance. Tree Preservation Act 1993 With few exceptions, a licence is required to fell any live tree with a main stem of >8cm diameter at 1.52m above ground. Many river bank trees are ‘Registered’ under this Act and therefore require a licence for felling or pruning whatever their size.

Water Pollution Act 1993 This makes it an offence to discharge poisonous, noxious or polluting matter into ‘controlled waters’ (rivers, streams, ponds, lakes and the sea). Any discharge of trade or sewage effluent must be licensed by the Environmental Protection Unit, DEFA. Manx Museum & National Trust Act 1959 This makes it an offence to remove or damage archaeological

remains.

Government Contacts

Department of Environment, Food & Agriculture (DEFA). Thie Slieau Whallian, Foxdale Road,

St. Johns, IM4 3AS. Email defa@gov.im Website gov.im/defa Tel: (01624) Agriculture 685835 Environmental Protection 685885 Forestry 801263 Fisheries 685857 Biodiversity Officers 685835

Flood Risk Management Team, Manx Utilities Authority (MUA). Tromode Road,

Douglas, IM2 5PA. Email generalenquiries.mu@manxutilities.im Website www.manxutilities.im Tel. 695949

Manx National Heritage (MNH). The Manx Museum,

Douglas, IM1 3LY. Email enquiries@mnh.gov.im Website gov.im/mnh Tel. 648000

Other Useful Contacts

Manx Bat Group. Website manxbatgroup.org

Tel. (07624) 366177 for all IoM or (01624) 834739 for south IoM Manx Birdlife. 35 New Road, Laxey, IM4 7BG.

Email enquiries@manxbirdlife.im Website manxbirdlife.im Tel. (01624) 861130

Manx Wildlife Trust (inc. Wildflowers of Mann). 7-8 Market Place, Peel, IM5 1AB. Email enquiries@manxwt.org.uk Website manxwt.org.uk Tel. (01624) 844432

River Restoration Centre. Cranfield University,

Building 53, Cranfield, Bedfordshire, MK43 0AL.

Email rrc@therrc.co.uk Website therrc.co.uk Tel. (01234) 752979

Rivers Trust. Website theriverstrust.org

Manx Watercourse

Management Guide

All pictures DEFA except heron/grey wagtail ©Barry

Hughes/Manx Birdlife salmon parr ©Richard Hawkins

Code of Good Practice

Seek advice and plan well in advance of works likely to affect the channel or banks of any watercourse. Be aware of seasonal restrictions on certain operations and the requirement to seek prior consent from the Flood Risk Management Team, Manx Utilities Authority. In rivers and streams with a mostly stony substrate, avoid disturbing channel or destabilising banks between October and June (inc) in order not to harm the eggs and young fry of salmon and trout. Consult Fisheries, DEFA before removing any material (silt/gravel) from the bed of any watercourse. Doing so without consent is an offence under the Fisheries Act 2012. Avoid cutting trees and bank-side vegetation between March

and August (inc) to safeguard breeding birds. Contact Forestry, DEFA before felling any trees. Even small ones may be ‘registered’ and require a felling licence. Seek advice from DEFA Biodiversity Officers before felling trees as bats may be present at any time of year.

Use ‘green’ engineering techniques wherever possible for repairing and stabilising banks. Check for and control invasive plants, e.g. Himalayan balsam, Japanese knotweed, giant hogweed. When planting along watercourses, use Manx native species. Seek advice from DEFA Biodiversity Officers and/or Wildflowers of Mann. Minimise flood risk by keeping channel clear of large debris that could obstruct the flow. Check cross-channel livestock barriers regularly, especially after high flows. When clearing drainage ditches, leave some bank-side and emergent vegetation uncut as refuges for invertebrates. If farming, follow the Code of Good Agricultural Practice for the Protection of Water to minimise risk of pollution from chemicals or silt. Ensure correct plumbing of washing machines and dishwashers. Report suspected pollution (tel. 685885) and/or poaching of fish (tel. 685857) as quickly as possible.

Durable, cost-effective revetments can also be attractive and wildlife-friendly.

Natural processes of erosion and deposition along a watercourse produce a variety of habitats and should be allowed to occur where possible. However, sometimes it is necessary to prevent a stream shifting course and/or to repair eroded banks. On designated ‘Main Rivers’ the Flood Risk Management Team of the MUA are increasingly employing ‘green’-engineering techniques, which preserve and/or enhance ecological potential.

Faggots & coir revetment, Great Meadow, Silverburn.

Willow spiling, Ballamanaugh Stream, Sulby Claddaghs.

Natural materials such as faggots and coir rolls absorb energy from the water flow.

Pre-planting coir roll for bank repairs, Wildflowers of Mann Nursery, Mullen-e-Cloie.

Manx Wildlife Trust volunteers making willow faggots.

Logs & tree tops can sometimes be used to trap silt, helping damaged banks to self-repair.

River Bank Engineering

Invasive Plants Japanese knotweed dominates native plants and can damage paths and buildings. It can be time-consuming and costly to eradicate if allowed to establish.

Himalayan balsam, a shallow-rooted annual, can reduce bank stability by shading out native perennials.

Giant hogweed can cause severe burns and is a designated ‘injurious weed’.

Other Issues

Trees provide valuable cover for fish. However, dense shade kills aquatic and riparian plants and, if extensive, can reduce fish numbers and destabilise banks.

For advice on managing watercourses, call the Inland Fisheries Manager, DEFA, tel. 651544/450736

Poaching and pollution can devastate fish stocks.

Livestock can damage banks, causing silt to smother spawning gravels, and channels to become too wide and shallow.