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2003 No. 544

EUROPEAN COMMUNITIES

ENVIRONMENTAL PROTECTION

The Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2003

  Made 22nd December 2003 
  Coming into operation 12th January 2004 

The Department of the Environment, being a department designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to measures relating to water resources, acting in exercise of the powers conferred upon it by that section and of every other power enabling it in that behalf, hereby makes the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2003 and shall come into operation on 12th January 2004.

Interpretation
    
2.  - (1) In these Regulations -

    (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).

    (3) The Interpretation Act (Northern Ireland) 1954[5] shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

General duties
     3.  - (1) The Department, the Department of Agriculture and Rural Development, the Department of Culture, Arts and Leisure and the Department for Regional Development shall exercise their relevant functions in a manner which secures compliance with the requirements of the Directive.

    (2) In exercising its relevant functions, the Department shall ensure that the requirements of the Directive for the achievement of its environmental objectives are co-ordinated and shall, in particular -

    (3) In this regulation, "relevant functions" means functions under these Regulations and, so far as material, the enactments listed in Parts 1 and 2 of Schedule 2.

River basin district and international river basin districts
    
4.  - (1) The area shown on the deposited map and named as "North Eastern" is identified as a river basin district and the areas shown on that map and named as "Neagh Bann", "North Western" and "Shannon" are identified as international river basin districts for the purposes of these Regulations.

    (2) The Department shall ensure that -

    (3) In this regulation, "the deposited map" means the map and related information recorded on the CD-ROM which is -

Characterisation of river basin district and international river basin districts
    
5.  - (1) The Department shall, in accordance with Annex II to the Directive and by 22nd December 2004 -

    (2) The results of the analysis and review required by paragraph (1) shall be periodically reviewed and updated initially by 22nd December 2013 and thereafter by each sixth anniversary of that date.

Economic analysis of water use in river basin district and international river basin districts
    
6.  - (1) The Department shall ensure that an economic analysis of water use in the river basin district and the part of each international river basin district falling within Northern Ireland is carried out in accordance with Annex III to the Directive by 22nd December 2004.

    (2) The Department shall ensure that the analysis required by paragraph (1) is periodically reviewed and updated initially by 22nd December 2013 and thereafter by each sixth anniversary of that date.

    (3) The Department for Regional Development shall, in accordance with a timetable established by the Department -

Bodies of water used for the abstraction of drinking water
    
7.  - (1) The Department and the Department for Regional Development, acting jointly, shall identify any bodies of water within the river basin district and the part of each international river basin district falling within Northern Ireland which -

    (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[6].

Register of protected areas
     8.  - (1) The Department shall prepare a register of the protected areas lying (whether wholly or partly) within the river basin district and the part of each international river basin district falling within Northern Ireland.

    (2) In this regulation, "protected area" means -

    (3) The register referred to in paragraph (1) shall -

Monitoring
    
9.  - (1) The Department shall -

    (2) The monitoring programmes shall cover -

    (3) The monitoring programmes shall be made operational by 22nd December 2006.

    (4) The relevant monitoring provisions of the Directive referred to in paragraph (1)(b) are set out in the following provisions of Annex V to the Directive -

Recovery of costs for water services and provision of incentives for efficient water use
    
10.  - (1) The Department and the Department for Regional Development shall, in accordance with Article 9 of the Directive and by 1st January 2010, ensure -

    (2) The Department shall provide the Department for Regional Development with any information relating to the environment which may reasonably be required to carry out its functions under this regulation.

    (3) The Department for Regional Development shall -

Environmental objectives and programmes of measures
    
11.  - (1) For the purposes of the river basin management plan required by regulation 12, the Department shall prepare proposals for -

    (2) In preparing proposals under paragraph (1), the Department shall -

    (3) The Department shall ensure that -

River basin management plans
    
12.  - (1) The Department shall prepare a river basin management plan for the river basin district and shall ensure co-ordination with the relevant competent authority in the Republic of Ireland with the aim of producing a single plan for the whole of each international river basin district.

    (2) Where it appears to the Department that a single plan for an international river basin district cannot be produced, the Department shall prepare a river basin management plan for the part of the international river basin district falling within Northern Ireland.

    (3) A river basin management plan shall -

    (4) A determination under paragraph (3)(a) shall be published by the Department -

    (5) The relevant provisions of the Directive for the purposes of this regulation are -

River basin management plans: public participation
    
13.  - (1) The Department shall in respect of the production of a river basin management plan -

    (2) The Department shall ensure co-ordination with the relevant competent authority in the Republic of Ireland with the aim of producing a single draft plan for each international river basin district.

    (3) Where a single draft plan is not produced for an international river basin district, the Department shall publish a draft plan for the part of the international river basin district falling within Northern Ireland.

    (4) The Department shall publish the background documents in a manner calculated to bring them to the attention of persons and bodies likely to be affected by them and, in particular, shall -

    (5) A notice required by paragraph (4)(b) shall be published -

    (6) The persons and bodies to be consulted are -

    (7) The Department shall take into account any representations relating to each of the background documents which are received by the Department within a period of six months beginning with the date of publication of the document or such longer period as the Department may allow.

    (8) In this regulation -

River basin management plans: publication
     14.  - (1) The Department shall ensure that a river basin management plan is published for the river basin district and the part of each international river basin district falling within Northern Ireland (or, as the case may be, a single plan) by 22nd December 2009.

    (2) As soon as a river basin management plan is published, the Department shall -

    (3) A notice required under paragraph (2)(a)(ii) shall be published -

River basin management plans: review
    
15.  - (1) The Department shall ensure that each river basin management plan is periodically reviewed and where appropriate updated, initially by 22nd December 2015 and thereafter by each sixth anniversary of that date.

    (2) The Department shall ensure co-ordination with the relevant competent authority in the Republic of Ireland for the purposes of reviewing and updating a single plan for an international river basin district by the dates mentioned in paragraph (1).

    (3) An updated river basin management plan shall include the information specified in Part B of Annex VII to the Directive (additional information for inclusion in updated river basin management plans) in addition to the matters required to be included by regulation 12(3)(b) and (5).

    (4) The Department shall publish an updated river basin management plan by the dates mentioned in paragraph (1) and regulations 12(3)(a) and (4), 13 and 14(2) and (3) shall apply in relation to the preparation and publication of an updated river basin management plan as if references to a river basin management plan included a reference to an updated river basin management plan.

Supplementary plans
    
16.  - (1) The Department may publish supplementary plans for the purpose of supplementing a river basin management plan.

    (2) A plan published under paragraph (1) may, for example, relate to -

    (3) Where a plan prepared under paragraph (1) supplements a single plan for the whole of an international river basin district, the Department shall consult the relevant competent authority in the Republic of Ireland and may, where appropriate, publish a single supplementary plan.

    (4) The Department shall, in preparing a supplementary plan, consult such of the persons and bodies referred to in regulation 13(6) and such other persons or bodies likely to be interested in or affected by that plan as it considers appropriate, and shall take into account any views expressed by those consulted.

Duty to have regard to river basin management plans and supplementary plans
    
17. The Department and each public body shall, in exercising their functions so far as affecting the river basin district or the part of an international river basin district falling within Northern Ireland, have regard to -

Publication of information
    
18.  - (1) The Department shall make accessible to the public at the relevant place -

    (2) The Department shall make accessible to the public at the relevant place and through the Department's website the results of the analysis conducted under regulation 6 (economic analysis of water use in river basin district and international river basin districts).

Provision of information and assistance by public bodies
    
19. A public body shall, on being requested to do so by the Department, provide the Department with such information in its possession or under its control and such assistance as the Department may reasonably seek in connection with the exercise of any of the Department's functions under these Regulations.

Guidance to public bodies
    
20. The Department may give guidance to any public body on the implementation of the Directive, and the body to whom guidance is issued shall have regard to it.



Sealed with the Official Seal of the Department of the Environment on


22nd December 2003.

L.S.


Judena Goldring
A senior officer of the Department of the Environment


SCHEDULE 1
Regulation 2(2)


DIRECTIVE DEFINITIONS




SCHEDULE 2
Regulation 3(3)


ENACTMENTS IN RELATION TO WHICH DUTIES IN REGULATION 3 APPLY




PART 1

     1. The Lough Neagh Drainage Acts (Northern Ireland) 1955 and 1970[
8].

     2. Fisheries Act (Northern Ireland) 1966[9].

     3. Section 2(2) of the European Communities Act 1972[10].

     4. The Drainage (Northern Ireland) Order 1973[11].

     5. The Water and Sewerage Services (Northern Ireland) Order 1973[12].

     6. Part II of the Food and Environment Protection Act 1985[13].

     7. The Industrial Pollution Control (Northern Ireland) Order 1997[14].

     8. Part II of the Waste and Contaminated Land (Northern Ireland) Order 1997[15].

     9. The Water (Northern Ireland) Order 1999[16].

     10. The Environment (Northern Ireland) Order 2002[17].



PART 2

     11. The Sludge (Use in Agriculture) Regulations (Northern Ireland) 1990[
18].

     12. The Quality of Bathing Water Regulations (Northern Ireland) 1993[19].

     13. The Urban Waste Water Treatment Regulations (Northern Ireland) 1995[20].

     14. The Surface Waters (Abstraction for Drinking Water) (Classification) Regulations (Northern Ireland) 1996[21].

     15. The Surface Waters (Fishlife) (Classification) Regulations (Northern Ireland) 1997[22].

     16. The Surface Waters (Shellfish) (Classification) Regulations (Northern Ireland) 1997[23].

     17. The Groundwater Regulations (Northern Ireland) 1998[24].

     18. The Surface Waters (Dangerous Substances) (Classification) Regulations (Northern Ireland) 1998[25].

     19. The Action Programme for Nitrate Vulnerable Zones Regulations (Northern Ireland) 1999[26].

     20. The Drainage (Environmental Impact Assessment) Regulations (Northern Ireland) 2001[27].

     21. The Anti-Pollution Works Regulations (Northern Ireland) 2003[28].

     22. The Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) Regulations (Northern Ireland) 2003[29].

     23. The Landfill Regulations (Northern Ireland) 2003[30].

     24. The Pollution Prevention and Control Regulations (Northern Ireland) 2003[31].

     25. The Protection of Water Against Agricultural Nitrate Pollution Regulations (Northern Ireland) 2003[32].

     26. The Waste Management Licensing Regulations (Northern Ireland) 2003[33].



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations make provision for the purpose of implementing 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 can be accessed at:
http://www.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 the river basin district and the part of each international river basin district falling within Northern Ireland. A general duty is placed on the Department of the Environment ("the Department") and other specified Northern Ireland departments to exercise relevant functions in a manner which secures compliance with the Directive; a further general duty is placed on the Department to ensure that the requirements of the Directive for the achievement of its environmental objectives are co-ordinated (regulation 3). The river basin district and the international river basin districts which are shared between Northern Ireland and the Republic of Ireland are identified under regulation 4 by reference to a map deposited at the offices of the Department at Calvert House, 23 Castle Place, Belfast, BT1 1FY. A copy of the map can be accessed through the Department's website: http://www.doeni.gov.uk.

General responsibility for ensuring that the Directive is given effect in the river basin district and the part of each international river basin district falling within Northern Ireland lies with the Department. It is required to carry out detailed analyses and monitoring in each district (regulations 5 and 9); it must ensure that an economic analysis is carried out (regulation 6); it must identify (in conjunction with the Department for Regional Development) certain waters used for the abstraction of drinking water (regulation 7); and a register must be established of those waters and certain other protected areas (regulation 8). In addition to its role under regulation 7, the Department for Regional Development must provide the Department with certain information which forms part of the economic analysis (regulation 6) and both the Department and the Department for Regional Development must ensure that water pricing policies provide incentives for efficient water use (regulation 10).

Having carried out the analytical and preparatory work required by regulations 5 to 9, the Department must prepare proposals for environmental objectives and a programme of measures for the river basin district and the part of each international river basin district falling within Northern Ireland (regulation 11). Those objectives will translate the generic environmental objectives of the Directive into specific objectives which take account of the particular situation in each district. The preparation of proposals for environmental objectives and a programme of measures must include public involvement.

The environmental objectives and programmes of measures, along with the results of the Department's earlier technical work, must then be brought together in the preparation of a river basin management plan for each district (regulation 12). In the case of an international river basin district, the Department must ensure co-ordination with the relevant competent authority in the Republic of Ireland with the aim of producing a single plan. The Department must take various steps to ensure public involvement in the preparation of each plan and must take account of any representations received (regulation 13). On publishing a plan, the Department must ensure that it is brought to the attention of the public and those interested in or affected by it (regulation 14). The Department must review and update each plan (regulation 15) and may publish supplementary plans (regulation 16).

Regulation 17 requires the Department and public bodies to have regard to river basin management plans and supplementary plans when exercising functions in relation to the river basin district or the part of an international river basin district falling within Northern Ireland. The Regulations also make supplementary provision in respect of the publication of information by the Department, the provision of information and assistance by public bodies, and the giving of guidance to public bodies on the implementation of the Directive (regulations 18 to 20).

A Regulatory Impact Assessment has been prepared in connection with these Regulations. A copy can be obtained from Environmental Policy Division, Department of the Environment, 20-24 Donegall Street, Belfast, BT1 2GP or through the Department's website: http://www.doeni.gov.uk.


Notes:

[1] S.I. 2003/2901back

[2] 1972 c. 68back

[3] 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

[4] 1998 c. 47back

[5] 1954 c. 33 (N.I.)back

[6] 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

[7] 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

[8] 1955 c. 15 (N.I.) and 1970 c. 7 (N.I.)back

[9] 1966 c. 17 (N.I.)back

[10] 1972 c. 68back

[11] 1973 (N.I. 1)back

[12] 1973 (N.I. 2)back

[13] 1985 c. 48back

[14] 1997 (N. I. 18)back

[15] 1997 (N.I. 19)back

[16] 1999 (N.I. 6)back

[17] 2002 (N.I. 7)back

[18] S.R. 1990 No. 245back

[19] S.R. 1993 No. 205back

[20] S.R. 1995 No. 12; amended by S.R. 2003 No. 278back

[21] S.R. 1996 No. 603; amended by S.R. 2002 No. 331back

[22] S.R. 1997 No. 488; amended by S.R. 2003 No. 194back

[23] S.R. 1997 No. 489back

[24] S.R. 1998 No. 401; amended by S.R. 2003 No. 46back

[25] S.R. 1998 No. 397back

[26] S.R. 1999 No. 156; amended by S.R. 2003 No. 259back

[27] S.R. 2001 No. 394back

[28] S.R. 2003 No. 7back

[29] S.R. 2003 No. 319back

[30] S.R. 2003 No. 496back

[31] S.R. 2003 No. 46back

[32] S.R. 2003 No. 259back

[33] S.R. 2003 No. 493back



ISBN 0 33795359 7


  © Crown copyright 2003

Prepared 20 January 2004


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