Statutory Instrument 1989 No. 2286

The Surface Waters (Dangerous Substances) (Classification) Regulations 1989

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© Crown Copyright 1989

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1989 No. 2286

WATER, ENGLAND AND WALES

The Surface Waters (Dangerous Substances) (Classification) Regulations 1989

The Secretary of State for the Environment and the Secretary of State for Wales, acting jointly in exercise of the powers conferred on them by sections 104 and 171 of the Water Act 1989^[1] hereby make the following Regulations:-

Citation, commencement and interpretation
    1.    -

    (1)  These Regulations may be cited as the Surface Waters (Dangerous Substances) (Classification) Regulations 1989 and shall come into force on 1st January 1990.

    (2)  In these Regulations "the Act" means the Water Act 1989, and references to inland waters and relevant territorial waters include, respectively, references to waters which are, by virtue of an order under section 103(5) of the Act, to be treated as a relevant lake or pond and to waters which are, by virtue of such an order, to be treated as relevant territorial waters.

Classification of waters
    2.    -

    (1)  A system employing the classification DS1 is prescribed as a system of classification applying to inland waters additional to the system prescribed by the Surface Waters (Classification) Regulations 1989^[2].

    (2)  A system employing the classification DS2 is prescribed as a system of classification applying to coastal waters and relevant territorial waters.

    3.    -

    (1)  The criterion for classification DS1 is that the annual mean concentrations of the substances listed in column (1) of Schedule 1 hereto do not exceed the concentrations specified in column (2) of that Schedule.

    (2)  The criterion for classification DS2 is that the annual mean concentrations of the substances listed in column (1) of Schedule 2 hereto do not exceed the concentrations specified in column (2) of that Schedule.

Modification of section 105 of the Water Act 1989
    4.    For the purpose of complying with Community obligations, section 105(4) and (5) of the Act shall not apply to the initial establishment of water quality objectives so far as they involve the specification of a classification prescribed by these Regulations.

Chris Patten

Secretary of State for the Environment

4th December 1989

Peter Walker

Secretary of State for Wales

4th December 1989

[1] 1989 c. 15;see section 189(9) as to the joint exercise of functions exercisable concurrently.See also the definition of "the appropriate Minister" in section 171(3). back

[2] S.I. 1989/1148 back

Explanatory Note