Office of Public Sector Information

PART 6 GENERAL PROVISIONS

Notice requiring bathing water operator to comply with the Regulations

16.—(1) If the Department becomes aware that a bathing water operator has failed in its duties under these Regulations, the Department may —

(a) by notice given to the bathing water operator specify—

(i) the measures which shall be taken by it to comply with these Regulations; and

(ii) the time within which those measures shall be taken.

(2) Before serving a notice under paragraph (1) on a bathing water operator, the Department shall reasonably endeavour to consult that operator concerning the measures which are to be specified in the notice.

(3) A notice under paragraph (1) shall not be regarded as invalid or invalidly served by reason only of a failure to comply with paragraph (2).

(4) A bathing water operator upon whom a notice under paragraph (1) is served, may, within the period of 21 days beginning with the day on which the notice is served, appeal against the notice to the Water Appeals Commission.

(5) Where—

(a) a notice under paragraph (1) is varied or quashed on appeal; and

(b) the bathing water operator has complied with the notice,

the Department shall pay to the bathing water operator an amount equal to the loss suffered, or expenditure incurred, by that operator in complying with the notice.

(6) Any dispute under regulation (5) as to the loss suffered or expenditure incurred shall be determined by the Lands Tribunal.

Consequences of not complying with a notice under regulation 16

17.  If a bathing water operator upon whom a notice is served under regulation 16 fails to comply with any of the requirements of the notice, the Department may—

(a) do what the bathing water operator was required to do and may recover from the bathing water operator any costs or expenses reasonably incurred by the Department in doing it; or

(b) take proceedings in the High Court requiring the bathing water operator to comply with the notice.

Enforcement powers

18.  Article 72 of the Waste and Contaminated Land (Northern Ireland) Order 1997 (8) applies to the exercise by the Department of its functions under these Regulations as it applies to the exercise of its functions under the pollution control statutory provisions referred to in that Article.

Power to obtain information

19.—(1) The Department may serve on any person a notice requiring that person to furnish it, within a period of time specified in the notice and in a form and manner so specified, with such information as is reasonably required by the Department for the purpose of carrying out any of its functions under these Regulations.

(2) A person who fails without reasonable excuse to comply with the requirements of a notice served on him under paragraph (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Co-operation on transboundary waters

20.—(1) Where a river basin gives rise to transboundary impacts on bathing water quality, the Department shall notify the competent authorities in the Republic of Ireland of the relevant facts.

(2) The Department, in consultation with the competent authorities in the Republic of Ireland, shall organise the concertation necessary to identify the sources in question and the measures to be taken to protect the waters that are affected.

PART 7 REVOCATION

Revocation

21.  The Quality of Bathing Water Regulations (Northern Ireland) 1993 are hereby revoked.

Regulation 3

SCHEDULE 1 BATHING WATERS

1. Ballycastle

2. Ballygally

3. Ballyholme

4. Ballywalter

5. Benone (Magilligan)

6. Brown’s Bay

7. Carnlough

8. Castlerock

9. Cranfield (Cranfield Bay)

10. Cranfield (Nicholson’s Strand)

11. Crawfordsburn

12. Downhill

13. Groomsport

14. Helen’s Bay

15. Millisle

16. Murlough Bay

17. Newcastle

18. Portballintrae (Salmon Rock)

19. Portrush (Curran Strand)

20. Portrush (Mill Strand)

21. Portstewart

22. Tyrella

23. Waterfoot

24. Whiterocks

Regulation 7

SCHEDULE 2 BATHING WATER PROFILES

Contents

1.—(1) Every bathing water profile shall—

(a) contain a description of the physical, geographical and hydrological characteristics of—

(i) the bathing water; and

(ii) any other surface water in the catchment area of the bathing water where the surface water could be a source of pollution for the bathing water;

(b) identify and assess the causes of pollution that might affect bathing water quality and pose a risk to bathers’ health;

(c) assess the potential for cyanobacterial proliferation;

(d) assess the potential for the proliferation of macro-algae or phytoplankton;

(e) identify the location of the monitoring point;

(f) if the assessment under sub-paragraph (b) shows that there is a risk of short-term pollution contain—

(i) information as to the anticipated nature, frequency and duration of short-term pollution;

(ii) details of the expected causes of short-term pollution;

(iii) details of the management measures taken and the time schedule for the elimination of the causes;

(iv) details of the management measures taken during a short-term pollution incident; and

(v) the identity and contact details of any person responsible for taking the management measures during the incident.

(2) The information in sub-paragraph (1)(a) and (b) shall be detailed on a map whenever practicable.

Review

2.—(1) Where a bathing water is classified as “poor”, “sufficient” or “good” under regulation 12, the Department shall review the bathing water profile—

(a) at the following minimum frequency—

(i) for a “poor” classification, every two years;

(ii) for a “sufficient classification”, every three years; and

(iii) for a “good” classification, every four years; and

(b) taking into account the nature and severity of the pollution which affects the bathing water.

(2) Where there are significant construction works or infrastructure changes in or around a bathing water, the Department shall review the bathing water profile before the start of the next bathing season.