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2004 No. 99

WATER RESOURCES, ENGLAND

WATER RESOURCES, SCOTLAND

The Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004

  Made 19th January 2004 
  Laid before Parliament 20th January 2004 
  Coming into force 10th February 2004 

The Secretary of State, being a Minister designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to matters relating to water resources, in exercise of the powers conferred upon her by that section[3], hereby makes the following Regulations:

Title, commencement and extent
     1.  - (1) These Regulations may be cited as the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004 and shall come into force on 10th February 2004.

    (2) Regulation 5 has the same extent as Part 1 of the Scottish Act (protection of the water environment), and the other provisions of these Regulations extend to Great Britain and the adjacent territorial sea.

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 3 (references in those definitions to an Annex or an Article being to an Annex to, or an Article of, the Directive).

The Solway Tweed River Basin District
     3.  - (1) The area shown on the deposited map is identified as a river basin district for the purposes of these Regulations and shall be known as the Solway Tweed River Basin District.

    (2) The Secretary of State, the Scottish Ministers, the Agency and SEPA must ensure that the deposited map is made available to the public through their websites and at the relevant places.

    (3) The relevant places are - 

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

The general duties
    
4. The Secretary of State, the Scottish Ministers, the Agency and SEPA must exercise their relevant functions so as to secure - 

Application of Part 1 of the Scottish Act in relation to the Solway Tweed River Basin District
    
5.  - (1) Part 1 of the Scottish Act (protection of the water environment) shall apply in relation to the Solway Tweed River Basin District subject to the modifications set out in Schedule 4.

    (2) Nothing in paragraph (1) enables regulations made under section 20, 22, 23 or 25 to apply in relation to any part of the Solway Tweed River Basin District outside Scotland.


Elliot Morley
Minister of State, Department for Environment, Food and Rural Affairs

19th January 2004



SCHEDULE 1
Regulation 2(1)


RIVER BASIN MANAGEMENT PLANNING


Characterisation of river basin district
     1.  - (1) The Agencies must in accordance with Annex II to the Directive (characterisation, etc of waters) by 22nd December 2004 - 

    (2) The results of the work required by sub-paragraph (1) must be periodically reviewed and updated by the Agencies, initially by 22nd December 2013 and thereafter by each sixth anniversary of that date.

Economic analysis of water use in river basin district
     2.  - (1) The Ministers must ensure that an economic analysis of water use in the Solway Tweed River Basin District is carried out by 22nd December 2004 in accordance with Annex III to the Directive (economic analysis).

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

Bodies of water used for the abstraction of drinking water
     3.  - (1) The Ministers must identify any bodies of water within the Solway Tweed River Basin District which - 

    (2) In this paragraph, "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].

Register of protected areas
     4.  - (1) The Agencies must for the Solway Tweed River Basin District - 

a register of the protected areas lying (whether wholly or partly) within the district.

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

Monitoring
     5.  - (1) The Agencies must - 

    (2) The monitoring programmes must cover - 

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

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

Environmental objectives and programme of measures
     6.  - (1) For the purposes of any river basin management plan for the Solway Tweed River Basin District which is required by paragraph 7, the Agencies must by such date as the Ministers may direct prepare and submit to the Ministers proposals for - 

    (2) In preparing proposals under sub-paragraph (1), the Agencies must - 

    (3) The Ministers may, having considered any proposals for environmental objectives or for a programme of measures submitted to them in relation to the Solway Tweed River Basin District and any representations received by them in relation to those proposals - 

and, in any case falling within paragraph (b) or (c), must state their reasons for doing so.

    (4) Where the Ministers reject any proposals, they must direct the Agencies to resubmit proposals, by such time, if any, as the direction may specify with - 

    (5) The Ministers must ensure that - 

River basin management plan
     7.  - (1) The Agencies must by such date as the Ministers may direct prepare and submit to the Ministers a river basin management plan for the Solway Tweed River Basin District.

    (2) Any river basin management plan for the Solway Tweed River Basin District must - 

    (3) The relevant provisions of the Directive for the purposes of this paragraph are - 

    (4) The Ministers must ensure that a river basin management plan for the Solway Tweed River Basin District approved under paragraph 10 is - 

River basin management plan: public participation
     8.  - (1) The Agencies must in respect of the production of any river basin management plan for the Solway Tweed River Basin District - 

    (2) The Agencies must publish any matter required by sub-paragraph (1) to be published in such manner as the Agencies consider appropriate for the purpose of bringing it to the attention of persons likely to be affected by it and must - 

    (3) A notice required by sub-paragraph (2)(b) must be published - 

    (4) The persons to be consulted are - 

    (5) In this paragraph - 

    (6) The Agencies must take into account any representations relating to a statement, summary or draft plan published in accordance with sub-paragraph (1) which are received by them within the period of six months beginning with the date of publication or such longer period as the Ministers may direct.

River basin management plan: submission for approval
     9.  - (1) As soon as any river basin management plan for the Solway Tweed River Basin District is submitted to the Ministers, the Agencies must - 

    (2) The Agencies must ensure that a plan submitted to the Ministers is accompanied by - 

    (3) If the Ministers consider in relation to a plan that further action should be taken by the Agencies under paragraph 8(2) to (4), the Ministers may direct the Agencies - 

    (4) Where the Ministers give a direction to the Agencies under sub-paragraph (3), they must state their reasons for doing so.

    (5) This paragraph applies in relation to a river basin management plan resubmitted to the Ministers in accordance with a direction under sub-paragraph (3) as it applies to the plan as originally submitted, with the modification that, for the reference in sub-paragraph (3) to paragraph 8(2) to (4), there is substituted a reference to this paragraph.

River basin management plan: approval
     10.  - (1) The Ministers may, having considered any river basin management plan for the Solway Tweed River Basin District submitted to them and any representations received by them in relation to that plan - 

and, in any case falling within paragraph (b) or (c), must state their reasons for doing so.

    (2) Where the Ministers reject a plan, they must direct the Agencies to resubmit the plan, by such time, if any, as the direction may specify, with - 

    (3) Where the Ministers approve a plan, the Agencies must publish the approved plan in such manner as the Agencies think 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 - 

River basin management plan: review
     11.  - (1) The Agencies must review and update the river basin management plan for the Solway Tweed River Basin District (including a revised river basin management plan for the district) - 

    (2) Following such a review, the Agencies must prepare and submit to the Ministers a revised river basin management plan for the river basin district by such date as the Ministers may direct.

    (3) Paragraphs 7(2) and (3) and 8 to 10 apply in relation to the preparation, submission and approval of a revised river basin management plan.

    (4) The revised plan must 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 paragraph 7(2)(b) and (3).

Supplementary plans
     12.  - (1) The Agencies may prepare supplementary plans for the purposes of supplementing any river basin management plan for the Solway Tweed River Basin District.

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

    (3) The Agencies must, in relation to the preparation of a supplementary plan, consult such of the persons referred to in paragraph 8(4) and such other persons likely to be interested in or affected by that plan as they think fit, and must take into account any views expressed by those consulted.

Duty of the Secretary of State, the Agency and each public body to have regard to the river basin management plan and any supplementary plan
     13. The Secretary of State, the Agency and each public body must, in exercising their functions so far as affecting the Solway Tweed River Basin District, have regard to - 

Publication of information
     14.  - (1) The Agencies must make accessible to the public at their principal offices - 

    (2) Where the Ministers approve (with or without modifications) proposals made by the Agencies under paragraph 6(1), the Agencies must publish a notice - 

    (3) The Ministers must make accessible to the public through their websites and at their principal offices the results of the analysis conducted under paragraph 2 (economic analysis of water use in river basin district).

Provision of information and assistance to the Agency and Secretary of State
     15.  - (1) A public body must, on being requested to do so by the Agency, provide the Agency with such information in its possession or under its control and such assistance as the Agency may reasonably seek in connection with the exercise of any of the Agency's functions under these Regulations.

    (2) Section 202 of the Water Resources Act 1991 (information and assistance in connection with the control of pollution) shall have effect as if functions under these Regulations were functions under the water pollution provisions of that Act.

Directions and guidance to public bodies by the Secretary of State
     16.  - (1) Sections 40 and 122 of the Environment Act 1995[16] (directions to the new Agencies) shall have effect as if the power in section 40(2) to give directions included a power - 

for the purposes of giving effect to the Directive.

    (2) The Secretary of State and the Scottish Ministers may give guidance with respect to the practical implementation of the Directive - 

and the body or authority to whom guidance is issued shall have regard to it.



SCHEDULE 2
Regulation 2(1)


RELEVANT FUNCTIONS




PART 1

STATUTES

     1. Section 2(2) of the European Communities Act 1972[
17].

     2. The Salmon and Freshwater Fisheries Act 1975[18].

     3. Part 2 of the Food and Environment Protection Act 1985[19] (deposits in the sea).

     4. Parts 1, 2 and 2A of the Environmental Protection Act 1990[20] (integrated pollution control and air pollution control by local authorities; waste on land; contaminated land).

     5. Part 4 of the Water Industry Act 1991[21] (sewerage services).

     6. Parts 2 to 5 and 7 to 9 of the Water Resources Act 1991 (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.



PART 2

SUBORDINATE INSTRUMENTS

     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. The 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. The 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].



SCHEDULE 3
Regulation 2(2)


DIRECTIVE DEFINITIONS




SCHEDULE 4
Regulation 5(1)


MODIFICATION OF THE SCOTTISH ACT IN ITS APPLICATION IN RELATION TO THE SOLWAY TWEED RIVER BASIN DISTRICT


     1. Part 1 of the Scottish Act in its application in relation to the Solway Tweed River Basin District is modified as follows.

     2. Sections 4 to 15, 17 and 19 (river basin management planning) shall not apply.

     3. Section 16 (duty to have regard to river basin management plans and sub-basin plans) shall have effect as if - 

     4. Section 18(1) and (2) (power to obtain information and documents etc.) shall have effect as if references to SEPA's functions under Chapter 2 of Part 1 (protection of the water environment) included references to SEPA's relevant functions and its duty under regulation 4.

     5. Sections 20(2)(b) (regulation of controlled activities) and 22(1) (remedial and restoration measures) and paragraph 2(2) of Schedule 2 (regulators to exercise functions with a view to achieving environmental objectives set out in river basin management plans) shall have effect as if references to environmental objectives set out in river basin management plans included references to environmental objectives set out in any river basin management plan for the Solway Tweed River Basin District approved under paragraph 10 of Schedule 1 to these Regulations.

     6. Section 26 (annual report on implementation of Directive) shall have effect as if - 

     7. Section 27 shall have effect as if the reference to Part 1 (protection of the water environment) included a reference to that Part as applied by regulation 5.



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations make provision for the purpose of implementing for the Solway Tweed River Basin District 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 Solway Tweed River Basin District ("the district"; identified in regulation 3(1)) is partly in England and partly in Scotland. These Regulations give effect to the Directive's requirements in respect of the district as a whole, and do so in part by applying with modifications provisions of the Water Environment and Water Services (Scotland) Act 2003 (2003 asp 3; "the Scottish Act"). The Water Environment (Water Framework Directive) (England and Wales) Regulations 2003 (S.I. 2003/3242) make provision in relation to river basin districts that are wholly in England, wholly in Wales, or partly in England and partly in Wales; the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003 (S.I. 2003/3245) do the same for the Northumbria River Basin District (which includes a small area of Scotland); and the Scottish Act otherwise applies in relation to river basin districts that are wholly in Scotland.

These Regulations require a new strategic planning process to be established for the purposes of managing, protecting and improving the quality of water resources in the whole district. That process mirrors the process set out in the principal Regulations and in the Scottish Act, with adaptations to accommodate the district's cross-border character.

General responsibility for ensuring that the Directive is given effect in relation to the district is placed on "the Ministers" (regulation 2(1) and Schedule 1): the Secretary of State and the Scottish Ministers, acting jointly. Related general duties are imposed by regulation 4 and section 2 of the Scottish Act (applied by regulation 5) on the Secretary of State, the Scottish Ministers and "the Agencies" (the Environment Agency and the Scottish Environment Protection Agency).

The Agencies are required to carry out detailed monitoring and analysis in relation to each river basin district (Schedule 1, paragraphs 1 and 5), and the Ministers must ensure that appropriate economic analysis is also carried out (paragraph 2). Certain waters used for the abstraction of drinking water must be identified (paragraph 3) and a register must be established of those waters and certain other protected areas (paragraph 4).

This analytical and preparatory work must then inform the preparation by the Agencies of proposals for environmental objectives and a programme of measures in relation to the district (Schedule 1, paragraph 6). Those objectives will translate the generic environmental objectives set out in the Directive to the particular situation in the district as a whole. The preparation of such proposals must include public involvement and consultation. Proposals themselves are subject to approval by the Ministers.

The results of the Agencies' technical work, the environmental objectives and proposals for a programme of measures must be brought together in the preparation of a river basin management plan for the district (Schedule 1, paragraphs 7 to 11). The Agencies are to prepare a draft plan, after public involvement and consultation (paragraphs 7 and 8). That plan must contain details of the results of the technical and planning work that will have been done, along with the environmental objectives and programme of measures proposed for the district. The plan is subject to approval by the Ministers and must be reviewed periodically (paragraphs 9 to 11). The Agencies may also prepare supplementary plans, which are not subject to approval by the Ministers (paragraph 12).

The Secretary of State, the Environment Agency, the Scottish Ministers, the Scottish Environment Protection Agency and certain other bodies are required to have regard to the river basin management plan for the district, and to any supplementary plans, in exercising their functions in relation to the district (Schedule 1, paragraph 13; section 16 of the Scottish Act, applied by regulation 5 as modified by Schedule 4, paragraph 3).

The Regulations also make supplementary provision in respect of the publication of information, the provision of information and assistance, the giving of guidance or directions for the purpose of giving effect to the Directive (Schedule 1, paragraphs 14 to 16; section 18 of the Scottish Act, applied by regulation 5 as modified by Schedule 4, paragraph 4), and in relation to the further application of Part 1 of the Scottish Act (regulation 5, Schedule 4).

A Regulatory Impact Assessment has been prepared in connection with the implementation of the Directive in England and Wales, and a Transposition Note in relation to these Regulations has also been prepared. A copy of each has been placed in the library of each House of Parliament and 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, or by using the weblink http://defra.gov.uk/environment/water/wfd/index.htm. The map of the district is also accessible through that link, and at the principal library of the Department for Environment, Food and Rural Affairs at Nobel House, 17 Smith Square, London SW1 3JR.


Notes:

[1] S.I. 2003/2901.back

[2] 1972 c. 68.back

[3] The power of the Minister to make regulations in relation to matters as regards Scotland is preserved by section 57(1) of the Scotland Act 1998 (c. 46).back

[4] 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

[5] 1975 c. 26.back

[6] 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

[7] 2003 asp 3.back

[8] 1998 c. 46.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

[10] 1986 c. 62.back

[11] 1964 c. 40.back

[12] 1994 c. 39.back

[13] 1966 c. 38.back

[14] 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 and the Environment Act 1995 (c. 25), sections 78 and 120 and Schedules 10 and 24.back

[15] 1969 c. 24.back

[16] 1995 c. 25.back

[17] 1972 c. 68.back

[18] 1975 c. 51.back

[19] 1985 c. 48.back

[20] 1990 c. 43.back

[21] 1991 c. 56.back

[22] S.I. 1989/1263, amended by S.I. 1990/1880, 1996/593 and 2000/656.back

[23] S.I. 1989/2286.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 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

[27] S.I. 1992/337.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, 1559, 2980 and 2003/595.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; relevant amending instruments are S.I. 1998/1202 and 2002/2614.back

[31] S.I. 1996/3001, amended by S.I. 2000/3184; there is another amending instrument but it is not relevant.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.back

[35] S.I. 1997/1332.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

[37] S.I. 1997/2560.back

[38] S.I. 1998/389.back

[39] S.I. 1998/1202, amended by S.I. 2002/2614.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

[42] S.I. 2002/1559.back

[43] S.I. 2002/2614.back

[44] S.I. 2003/1238.back

[45] S.I. 2003/1788.back

[46] The relevant baseline, for the purposes of this definition and the definition of "inland water", if 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



ISBN 0 11 048495 9


  © Crown copyright 2004

Prepared 5 February 2004


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