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The Secretary of State and the National Assembly for Wales, acting respectively in relation to river basin districts that are wholly in England and river basin districts that are wholly in Wales[1], and jointly in relation to river basin districts that are partly in England and partly in Wales, being designated[2] for the purposes of section 2(2) of the European Communities Act 1972[3] in relation to matters relating to water resources, in exercise of the powers conferred upon them by that section, hereby make the following Regulations: Title, commencement, extent and application 1. These Regulations -
(b) extend to England and Wales; and (c) apply only in relation to river basins districts identified by regulation 4(1)[4].
Interpretation
(b) in relation to a river basin district that is wholly in Wales, the Assembly; and (c) in relation to a river basin district that is partly in England and partly in Wales, the Secretary of State and the Assembly acting jointly;
(ii) created or continued in existence by public general Act of Parliament; or (iii) the remuneration in respect of which is paid out of money provided by Parliament; and
(b) a statutory undertaker (being a person who by virtue of section 262 of the Town and Country Planning Act 1990[7] is, or is deemed to be, a statutory undertaker for any purpose);
(2) Any expression used in both these Regulations and the Directive and not otherwise defined in these Regulations has the same meaning for the purposes of these Regulations as it has for the purposes of the Directive, and the definitions contained in the Directive of expressions used in these Regulations are set out in Schedule 1 (references in those definitions to an Annex or an Article being to an Annex to, or an Article of, the Directive).
(b) in the case of the Assembly, the library of the Assembly in Cardiff; and (c) in the case of the Agency, its principal office and its principal regional offices.
(4) In this regulation, "the deposited map" means the map and related information recorded on the CD-ROM which is -
(b) deposited in the principal library of the Department for Environment, Food and Rural Affairs.
Characterisation of river basin districts
(b) conduct a review of the impact of human activity on the status of surface water and groundwater in each river basin district.
(2) The results of the work required by paragraph (1) must be periodically reviewed and updated by the Agency, initially by 22nd December 2013 and thereafter by each sixth anniversary of that date.
(ii) serve more than 50 persons; or
(b) are intended to be used for the abstraction of water intended for human consumption to the extent referred to in sub-paragraph (a)(i) or (ii).
(2) In this regulation, "water intended for human consumption" has the same meaning as in Council Directive 80/778/EC of 15th July 1980 relating to the quality of water intended for human consumption, as amended[9].
(b) thereafter keep under review and up to date,
a register of the protected areas lying (whether wholly or partly) within the district.
(b) the areas and bodies of water for the time being designated or otherwise identified as requiring special protection under any Community instrument providing for the protection of surface water and groundwater or for the conservation of habitats or species directly depending on water, or any enactment implementing such a Community instrument, including, in particular -
(ii) bodies of water designated as recreational waters; (iii) nutrient-sensitive areas; and (iv) areas designated for the protection of habitats or species where the maintenance or improvement of the status of water is an important factor in the protection of the habitats or species.
Monitoring
(b) take such other action as is necessary to give effect to the relevant monitoring provisions of the Directive.
(2) The monitoring programmes must cover -
(ii) ecological and chemical status and ecological potential; and
(b) in relation to groundwater, chemical and quantitative status.
(3) The monitoring programmes must be made operational by 22nd December 2006.
(b) points 1.4 to 1.4.3 (classification and presentation of ecological status, chemical status and ecological potential); (c) points 2.2 to 2.2.4 (monitoring of groundwater quantitative status); (d) points 2.4 to 2.4.4 (monitoring of groundwater chemical status); and (e) points 2.4.5 and 2.5 (interpretation and presentation of groundwater status).
Environmental objectives and programmes of measures
(b) a programme of measures to be applied in order to achieve those objectives.
(2) In preparing proposals under paragraph (1), the Agency must -
(b) take such steps as it thinks fit, or the appropriate authority may direct, to -
(ii) publicise its draft proposals to those persons; and (iii) consult those persons in respect of those proposals.
(3) The appropriate authority may, having considered any proposals for environmental objectives or for a programme of measures submitted to it and any representations received by the authority in relation to those proposals -
(b) approve them, or any of them, either with modifications or subject to such modifications as the authority may direct the Agency to make; or (c) reject them, or any of them;
and, in any case falling within sub-paragraph (b) or (c), must state its reasons for doing so.
(b) any further modifications which the Agency considers appropriate.
(5) The appropriate authority must ensure that -
(ii) made operational by 22nd December 2012; and (iii) periodically reviewed and where appropriate updated, initially by 22nd December 2015 and thereafter by each sixth anniversary of that date; and
(b) in relation to a programme of measures that is updated under sub-paragraph (a)(iii), any new or revised measures are made operational within three years of that updating.
River basin management plans
(b) include the information specified in the relevant provisions of the Directive.
(3) The relevant provisions of the Directive for the purposes of this regulation are -
(b) Annex II, point 1.3(vi) (exclusion of elements from the assessment of ecological status); (c) the following provisions of Annex V -
(ii) point 2.4.1 (confidence and precision in monitoring groundwater); and (iii) points 2.4.5 and 2.5 (presentation of monitoring results for groundwater); and
(d) Annex VII, Part A (elements to be covered in river basin management plans).
(4) The appropriate authority must ensure that each river basin management plan is -
(b) periodically reviewed and where appropriate updated, initially by 22nd December 2015 and thereafter by each sixth anniversary of that date.
River basin management plans: public participation
(ii) the dates by which those steps and measures are to be taken;
(b) not less than two years before the beginning of the plan period, publish a summary of the significant water management matters which it considers arise for consideration in relation to the river basin district; and
(2) The Agency must publish any matter required by paragraph (1) to be published in such manner as the Agency considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it and must -
(b) publish a notice -
(ii) specifying the arrangements made for making copies of the statement, summary or draft plan available for public inspection; and (iii) stating that any person may make representations to the Agency in relation to the statement, summary or draft plan;
(c) consult the persons referred to in paragraph (4);
(3) A notice required by paragraph (2)(b) must be published -
(b) at least once in each of two successive weeks, in one or more newspapers circulating in the river basin district to which the plan relates.
(4) The persons to be consulted are -
(b) the Director General of Water Services; (c) the appropriate nature conservation bodies; (d) every local authority any part of whose area is within the river basin district; (e) every local planning authority any part of whose area is within the river basin district; (f) where any part of the river basin district has been designated as a National Park, the National Park authority for that National Park; (g) the harbour authority for each harbour in the river basin district; (h) every navigation authority having functions in relation to any part of the river basin district; (i) every water undertaker or sewerage undertaker any part of whose area is within the river basin district; (j) any local fisheries committee for a sea fisheries district any part of which lies within the river basin district; (k) such persons as appear to the Agency, in relation to the river basin district -
(ii) to have an interest in the protection of the water environment; or (iii) to have an interest in the promotion of flood management; and
(l) such other persons as -
(ii) the appropriate authority may direct.
(5) In this regulation -
(ii) in relation to a river basin district that is wholly in Wales, the Countryside Council for Wales; and (iii) in relation to a river basin district that is partly in England and partly in Wales, English Nature and the Countryside Council for Wales;
(b) "harbour" and "harbour authority" have the meanings given by section 57 of the Harbours Act 1964[10];
(6) The Agency must take into account any representations relating to a statement, summary or draft plan published in accordance with paragraph (1) which are received by the Agency within the period of six months beginning with the date of publication or such longer period as the appropriate authority may direct.
(b) publish a notice -
(ii) specifying the arrangements made for making copies of the plan accessible to the public.
(2) The Agency must ensure that a plan submitted to the appropriate authority is accompanied by -
(b) a summary of the representations referred to in regulation 12(6) and of any changes made to the plan in light of those representations.
(3) If the appropriate authority considers in relation to a plan that further action should be taken by the Agency under regulation 12(2) to (4), the appropriate authority may direct the Agency -
(b) to resubmit the plan within such period, if any, as the appropriate authority may specify in the direction.
(4) Where the appropriate authority gives a direction to the Agency under paragraph (3), it must state its reasons for doing so.
(b) approve it, in whole or in part, either with modifications or subject to such modifications as the appropriate authority may direct the Agency to make; or (c) reject it;
and, in any case falling within sub-paragraph (b) or (c), must state its reasons for doing so.
(b) any further modifications which the Agency considers appropriate.
(3) Where the appropriate authority approves a plan, the Agency must publish the approved plan in such manner as the Agency thinks fit for the purpose of bringing the plan to the attention of the general public and of those persons likely to be interested in or affected by it and, in particular, must -
(b) publish a notice -
(ii) specifying the arrangements made for making copies of the plan accessible to the general public.
River basin management plans: review
(b) by such earlier date as the appropriate authority may direct.
(2) Following such a review, the Agency must prepare and submit to the appropriate authority a revised river basin management plan by such date as the appropriate authority may direct.
(b) a particular catchment or geographical area; (c) a particular matter relating to, or aspect of, the water environment; or (d) a particular description of user of water resources.
(3) The Agency must, in relation to the preparation of a supplementary plan, consult such of the persons referred to in regulation 12(4) and such other persons likely to be interested in or affected by that plan as it thinks fit, and must take into account any views expressed by those consulted.
(b) any supplementary plan prepared under regulation 16.
Publication of information
(b) maps showing bodies of water identified under regulation 7 (bodies of water used for the abstraction of drinking water); (c) the registers prepared under regulation 8 (register of protected areas); (d) the results of the programmes established under regulation 9 (monitoring); (e) the environmental objectives and programmes of measures proposed or approved under regulation 10 (environmental objectives and programmes of measures); and (f) any supplementary plan prepared under regulation 16 (supplementary plans).
(2) Where the appropriate authority approves (with or without modifications) proposals made by the Agency under regulation 10(1), the Agency must publish a notice -
(b) specifying the arrangements made for making the approved objectives and programme of measures accessible to the public.
(3) The appropriate authority must make accessible to the public through its website and at its principal office the results of the analysis conducted under regulation 6 (economic analysis of water use in river basin districts).
(b) waste-water collection and treatment facilities which subsequently discharge into surface water.
1. Section 2(2) of the European Communities Act 1972[16]. 2. The Salmon and Freshwater Fisheries Act 1975[17]. 3. Part 2 of the Food and Environment Protection Act 1985[18] (deposits in the sea). 4. Parts 1, 2 and 2A of the Environmental Protection Act 1990[19] (integrated pollution control and air pollution control by local authorities; waste on land; contaminated land). 5. Part 4 of the Water Industry Act 1991[20] (sewerage services). 6. Parts 2 to 5 and 7 to 9 of the Water Resources Act 1991[21] (water resources management; control of pollution of water resources; flood defence; general control of fisheries; land and works powers; information provisions; miscellaneous and supplemental). 7. The Environment Act 1995. 8. The Sludge (Use in Agriculture) Regulations 1989[22]. 9. The Surface Waters (Dangerous Substances) (Classification) Regulations 1989[23]. 10. The Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) Regulations 1991[24]. 11. The Bathing Waters (Classification) Regulations 1991[25] and the National Rivers Authority (Bathing Waters) Directions 1992[26]. 12. The Surface Waters (Dangerous Substances) (Classification) Regulations 1992[27]. 13. The Waste Management Licensing Regulations 1994[28]. 14. The Urban Waste Water Treatment (England and Wales) Regulations 1994[29]. 15. The Protection of Water Against Agricultural Nitrate Pollution (England and Wales) Regulations 1996[30]. 16. Surface Waters (Abstraction for Drinking Water) (Classification) Regulations 1996[31] and the Surface Waters (Abstraction for Drinking Water) Directions 1996[32]. 17. The Surface Waters (Fishlife) (Classification) Regulations 1997[33] and the Surface Waters (Fishlife) Directions 1997[34]. 18. The Surface Waters (Shellfish) (Classification) Regulations 1997[35] and the Surface Waters (Shellfish) Directions 1997[36]. 19. The Surface Waters (Dangerous Substances) (Classification) Regulations 1997[37]. 20. The Surface Waters (Dangerous Substances) (Classification) Regulations 1998[38]. 21. Action Programme for Nitrate Vulnerable Zones (England and Wales) Regulations 1998[39]. 22. The Groundwater Regulations 1998[40]. 23. The Pollution Prevention and Control (England and Wales) Regulations 2000[41]. 24. The Landfill (England and Wales) Regulations 2002[42]. 25. The Nitrate Vulnerable Zones (Additional Designations) (England) (No. 2) Regulations 2002[43]. 26. The Bathing Waters (Classification) (England) Regulations 2003[44]. 27. The Urban Waste Water Treatment (England and Wales) (Amendment) Regulations 2003[45]. (This note is not part of the Regulations) These Regulations make provision for the purpose of implementing in river basin districts within England and Wales Directive 2000/60/EC of the European Parliament and of the Council of 23rd October 2000 establishing a framework for Community action in the field of water policy (O.J. No. L327, 22.12.2000, p. 1), known as the Water Framework Directive ("the Directive"). The Directive is accessible by using the weblink http://europa.eu.int/eur-lex/en. The Regulations require a new strategic planning process to be established for the purposes of managing, protecting and improving the quality of water resources. That process applies to river basin districts identified by regulation 4. These are river basin districts that are wholly in England, wholly in Wales or partly in England and partly in Wales, but not river basin districts that are partly in Scotland. General responsibility for ensuring that the Directive is given effect in those districts is placed on the "appropriate authority". This means the Secretary of State in relation to river basin districts in England, the National Assembly for Wales in relation to such districts in Wales, and the Secretary of State and the Assembly acting jointly in relation to such districts that are partly in England and partly in Wales. Related general duties are placed on the Secretary of State and the National Assembly for Wales, and a general duty is also placed on the Environment Agency ("the Agency") (regulation 3). The Agency is required to carry out detailed monitoring and analysis in relation to each river basin district (regulations 5 and 9), and the appropriate authority must ensure that appropriate economic analysis is also carried out (regulation 6). Certain waters used for the abstraction of drinking water must be identified (regulation 7) and a register must be established of those waters and certain other protected areas (regulation 8). This analytical and preparatory work must then inform the preparation by the Agency of proposals for environmental objectives and programmes of measures in relation to each river basin district (regulation 10). Those objectives will translate the generic environmental objectives set out in the Directive to the particular situation in each river basin district. The preparation of such proposals must include public involvement, and proposals themselves are subject to approval by the appropriate authority. The results of the Agency's technical work, the environmental objectives and proposals for programmes of measures must be brought together in the preparation of a river basin management plan for each river basin district (regulations 11 to 15). The Agency is to prepare draft plans, after public involvement (regulations 11 and 12). Those plans must contain details of the results of the prior technical and planning work that will have been done, along with the environmental objectives and programmes of measures proposed for each district. Plans are subject to approval by the appropriate authority and must be periodically reviewed (regulations 13 to 15). The Agency may also prepare supplementary plans, which are not subject to approval by the appropriate authority (regulation 16). The Secretary of State, the Assembly, the Agency and other public bodies are required to have regard to river basin management plans and to any supplementary plans in exercising their functions in relation to river basin districts (regulation 17). The Regulations also make supplementary provision in respect of the publication of information, the provision of information and assistance, and the giving of guidance or directions for the purpose of giving effect to the Directive (regulations 18 to 20). A Regulatory Impact Assessment and a Transposition Note have been prepared in connection with these Regulations and a copy of each has been placed in the library of each House of Parliament. Copies can also be obtained from the Water Quality Division, Department for Environment, Food and Rural Affairs, Zone 3/H16, Ashdown House, 123 Victoria Street, London SW1E 6DE and the Environment Division, National Assembly for Wales, Cathays Park, Cardiff CF10 3NQ, or by using the weblinks http://defra.gov.uk/environment/water/wfd/index.htm or http://www.wales.gov.uk/index. Notes: [1] The terms "river basin district", "England" and "Wales" have the same meaning for this purpose as in the Regulations, and are defined in regulation 2(1).back [4] The river basin districts identified by regulation 4(1) do not include any that are partly in England and partly in Scotland.back [5] O.J. No. L327, 22.12.2000, p. 1; amended by Decision 2455/2001/EC of the European Parliament and of the Council of 20th November 2001 establishing the list of priority substances in the field of water policy and amending Directive 2000/60/EC (O.J. No. L331, 15.12.2001, p. 1).back [7] 1990 c. 8; section 262 was amended by the Gas Act 1995 (c. 45), section 16(1) and Schedule 4, paragraph 18(2), S.I. 1996/593 and the Transport Act 2000 (c. 38), section 37 and Schedule 5, paragraph 6.back [8] 1998 c. 38. By virtue of article 6 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), the boundary between those parts of the sea within the Severn and Dee estuaries which are to be treated as adjacent to Wales and those which are not is the line connecting the coordinates set out in Schedule 3 to that Order.back [9] O.J. No. L229, 30.8.80, p. 11; amended by Council Directive 98/83/EC of 3rd November 1998 on the quality of water intended for human consumption (O.J. No. L330, 5.12.98, p. 32).back [12] 1990 c. 8; section 1 was amended by the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28), section 187(1) and Schedule 24, the Local Government (Wales) Act 1994 (c. 19), section 18 and Schedule 18, and the Environment Act 1995 (c. 25), sections 78 and 120 and Schedules 10 and 24.back [15] The relevant baseline, for the purposes of this definition and the definition of "inland water", is that from which the breadth of the territorial sea is measured and is established by section 1 of the Territorial Sea Act 1987 (c. 49) and the Territorial Waters Order in Council (1965 III, p. 6452A).back [22] S.I. 1989/1263, amended by S.I. 1990/1880, 1996/593 and 2000/656.back [24] S.I. 1991/324, amended by S.I. 1997/547.back [25] S.I. 1991/1597, amended by the Environment Act 1995 (c. 25), section 120, Schedule 22, paragraph 233 and, in relation to England, S.I. 2003/1238.back [26] Copies are available from the Water Quality Division, Department for Environment, Food and Rural Affairs, Ashdown House, 123 Victoria Street, London SW1E 6DE.back [28] S.I. 1994/1056, amended by the Environment Act 1995 (c. 25), section 120, Schedule 22, paragraph 233; relevant amending instruments are S.I. 1994/1137, 1995/288, 1950, 1996/593, 634, 972, 1279, 1998/606, 2746, 2000/1973, 2002/674, 1087 (W.114), 1559, 2980, 2003/595 and 780 (W.91).back [29] S.I. 1994/2841, amended by the Environment Act 1995 (c. 25), section 120, Schedule 22, paragraph 233 and S.I. 2003/1788.back [30] S.I. 1996/888, amended by S.I. 1998/1202, 2002/2297 (W.226) and 2614.back [31] S.I. 1996/3001, amended, in relation to England, by S.I. 2000/3184 and, in relation to Wales, by S.I. 2001/3911.back [32] Copies are available from the Water Quality Division, Department for Environment, Food and Rural Affairs, Ashdown House, 123 Victoria Street, London SW1E 6DE.back [33] S.I. 1997/1331, amended by S.I. 2003/1053.back [34] Amended by the Surface Waters (Fishlife) (Amendment) Directions 2003. Copies of both Directions are available from the Water Quality Division, Department for Environment, Food and Rural Affairs, Ashdown House, 123 Victoria Street, London SW1E 6DE and the Environment Division, National Assembly for Wales, Cathays Park, Cardiff CF10 3NQ.back [36] Copies are available from the Water Quality Division, Department for Environment, Food and Rural Affairs, Ashdown House, 123 Victoria Street, London SW1E 6DE.back [39] S.I. 1998/1202, amended by S.I. 2002/2614 and 2003/1852 (W.202).back [40] S.I. 1998/2746, amended by S.I. 2000/1973.back [41] S.I. 2000/1973; relevant amending instruments are S.I. 2001/503, 2002/275, 1559, 1702, 2688, 2980 and 2003/1699.back
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