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

Statutory Rule 2003 No. 544

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

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STATUTORY RULES OF NORTHERN IRELAND

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

Citation and commencement

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

- (1) In these Regulations -

"body of water" means a body of groundwater or a body of surface water;

"the Department" means the Department of the Environment;

"the Directive" means 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, as amended[

"environmental objectives", in relation to the river basin district and the part of each international river basin district falling within Northern Ireland, means the objectives required to comply with Article 4 of the Directive (environmental objectives) including any objectives required to comply with Article 7(2) and (3) of the Directive (waters used for the abstraction of drinking water);

"international river basin district" means a river basin district lying partly in Northern Ireland and partly in the Republic of Ireland;

"programme of measures", in relation to the river basin district and the part of each international river basin district falling within Northern Ireland, means the programme of measures required to comply with Article 11(2) to (6) of the Directive (programme of measures);

"public body" includes Northern Ireland departments, district councils and statutory undertakers, any body established or constituted under a statutory provision and any persons or body who, as a public body and not for their own profit, act under any statutory provision for the improvement of any place or the production or supply of any commodity or service;

"the relevant place" means the offices of the Department at Calvert House, 23 Castle Place, Belfast, BT1 1FY; and

"river basin district" means the area of land and sea, made up of a river basin or neighbouring river basins, together with associated groundwater, transitional waters and coastal water, being the main unit for the management of river basins for the purposes of the Directive.

    (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 -

(a) ensure that the programme of measures is co-ordinated for the whole of the river basin district; and

(b) consult the relevant competent authority in the Republic of Ireland to ensure co-ordination of the programme of measures for the whole of each international river basin district.

    (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 -

(a) the deposited map is available at the relevant place for public inspection at all reasonable times; and

(b) copies of the deposited map are available to the public through the Department's website.

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

(a) entitled "River Basin District and International River Basin Districts (Northern Ireland) 2003"; and

(b) deposited at the relevant place.

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 -

(a) carry out an analysis of the characteristics of the river basin district and the part of each international river basin district falling within Northern Ireland; and

(b) conduct a review of the impact of human activity on the status of surface water and groundwater in the river basin district and the part of each international river basin district falling within Northern Ireland.

    (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 -

(a) provide the Department with so much of the information specified in paragraph (a) of Annex III to the Directive as relates to its functions;

(b) review and, if necessary, update that information; and

(c) provide any such updated information to 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 -

(a) are used to abstract water intended for human consumption and either -

(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[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 -

(a) a body of water which has been identified under regulation 7; and

(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 -

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

(a) be completed by 22nd December 2004; and

(b) thereafter be kept under review and up to date.

Monitoring
9. - (1) The Department shall -

(a) establish programmes for monitoring water status in order to establish a coherent and comprehensive overview of water status within the river basin district and the part of each international river basin district falling within Northern Ireland; and

(b) take such other action as is necessary to give effect to the relevant monitoring provisions of the Directive.

(2) The monitoring programmes shall cover -

(a) in relation to surface water -

(b) in relation to groundwater, chemical and quantitative status.

(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 -

(a) points 1.3 to 1.3.6 (monitoring of ecological status and chemical status for surface waters);

(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).

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 -

(a) that water pricing policies provide adequate incentives for users to use water resources efficiently; and

(b) an adequate contribution of the different water uses, disaggregated into at least industry, households and agriculture, to the recovery of the costs of water services, based on the economic analysis required under regulation 6 and taking account of the polluter pays principle.

(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 -

(a) on a request being made by the Department, provide the Department with information on the steps it proposes to take in pursuance of its duties under paragraph (1); and

(b) for the purposes of Article 9(4) of the Directive, inform the Department of any decision taken under that Article and provide the Department with a statement of the reasons for that decision.

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 -

(a) environmental objectives for the river basin district and the part of each international river basin district falling within Northern Ireland; and

(b) a programme of measures to be applied in order to achieve those objectives.

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

(a) take into account the analyses carried out under regulations 5 and 6 (and any updated analyses); and

(b) take such steps as it considers appropriate to -

(3) The Department shall ensure that -

(a) for the river basin district and the part of each international river basin district falling within Northern Ireland, a programme of measures is -

(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
     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 -

(a) relate to such period as the Department may determine, except in the case of a single plan for an international river basin district where it shall relate to such period as the Department may determine in consultation with the relevant competent authority in the Republic of Ireland; and

(b) include the information specified in the relevant provisions of the Directive.

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

(a) in the Belfast Gazette; and

(b) at least once in each of two successive weeks in one or more newspapers circulating in the river basin district or the part of the international river basin district to which the determination relates.

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

(a) Article 9(2) and (4) (recovery of the costs of water services);

(b) Annex II, point 1.3(vi) (exclusion of elements from the assessment of ecological status);

(c) the following provisions of Annex V -

(d) Annex VII, Part A (elements to be covered in river basin management plans).

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

(a) not less than three years before the beginning of the plan period, publish a timetable and work programme for the production of the plan, including a statement of the consultation measures to be taken;

(b) not less than two years before the beginning of the plan period, publish an interim overview of the significant water management issues which it considers arise for consideration in relation to the river basin district and the part of each international river basin district falling within Northern Ireland; and

(c) not less than one year before the beginning of the plan period, publish a draft 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 -

(a) make copies of each document accessible to the public free of charge at the relevant place and through the Department's website;

(b) publish a notice -

(c) consult the persons and bodies referred to in paragraph (6);

(d) take such steps as it considers appropriate to provide opportunities for the general public and the persons and bodies referred to in paragraph (6) to participate in discussion and the exchange of information or views in relation to the preparation of the draft plan; and

(e) invite the public and the persons and bodies referred to in paragraph (6) to make representations in relation to the draft plan.

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

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

(a) the Northern Ireland Water Council;

(b) the Council for Nature Conservation and the Countryside;

(c) each district council any part of whose area is within the river basin district or the part of an international river basin district falling within Northern Ireland;

(d) the harbour authority for each harbour in the river basin district or the part of an international river basin district falling within Northern Ireland;

(e) the Department of Agriculture and Rural Development;

(f) the Department of Culture, Arts and Leisure;

(g) the Department for Regional Development;

(h) such persons or bodies as appear to the Department in relation to the river basin district and the part of each international river basin district falling within Northern Ireland -

(i) such other persons or bodies as the Department considers appropriate.

(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 -

(a) "the background documents" means the timetable and work programme including the statement of consultation measures, the interim overview and the draft plan mentioned in paragraph (1);

(b) "harbour" and "harbour authority" have the meanings given by section 38 of the Harbours Act (Northern Ireland) 1970[

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 -

(a) take such steps as it considers appropriate for the purpose of bringing the plan to the attention of the general public and those persons and bodies likely to be interested in or affected by it and, in particular, shall -

(b) publish a statement of the steps taken by the Department to comply with regulation 13(4), so far as they relate to the draft plan; and

(c) publish a summary of the representations referred to in regulations 13(4)(b)(iii) and 13(7) and any changes made to the plan in light of those representations.

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