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[^f00001] for the purposes of section 2(2) of the European Communities Act 1972[^f00002] in relation to matters relating to water resources, in exercise of the powers conferred upon her by that section[^f00003], hereby makes the following Regulations:

Title, commencement and extent

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• (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

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• (1) In these Regulations—

• “the Agencies” means the Agency and SEPA acting jointly;

• “the Agency” means the Environment Agency;

• “body of water” means a body of groundwater or a body of surface water;

• “coastal water”, in relation to England, has the same meaning as in the Directive and, in relation to Scotland, has the meaning given by section 3(8) of the Scottish Act (the water environment: definitions);

• “the Directive” means Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy;

• “environmental objectives” 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) and the EQS Directive; andin relation to a shellfish water protected area within the Solway Tweed River Basin District, without prejudice to the objectives under paragraph (a), the water quality objectives necessary or desirable to improve or protect that shellfish water protected area in order to support shellfish life and growth and to contribute to the high quality of shellfish products suitable for human consumption;

• “the EQS Directive” means Directive 2008/105/EC of the European Parliament and of the Council on environmental quality standards in the field of water policy;

• “existing obligations” means the obligations (on environmental quality standards in the field of water policy) under the EQS Directive before it was amended by Directive 2013/39/EU of the European Parliament and of the Council including, in particular, the achievement of good surface water chemical status in relation to the substances and the associated environmental quality standards listed in the EQS Directive before it was so amended;

• “the Groundwater Directive” means Directive 2006/118/EC of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration;

• “the Ministers” means the Secretary of State and the Scottish Ministers acting jointly;

• “programme of measures” means the programme of measures required to comply with Article 11(2) to (6) of the Directive , Article 3(1a) of the EQS Directive, and Articles 5(2) and 6(1) of the Groundwater Directive ;

• “public body” does not include a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975[^f00005], the Scottish Ministers, or any body or person having functions in relation only to Scotland, but otherwise it does include—a person holding an office—under the Crown;created or continued in existence by public general Act of Parliament; orthe remuneration in respect of which is paid out of money provided by Parliament; anda statutory undertaker (being a person who by virtue of section 262 of the Town and Country Planning Act 1990[^f00006] is, or is deemed to be, a statutory undertaker for any purpose);

• “relevant functions” means—in relation to the Secretary of State and the Agency, their functions under Schedule 1 and, so far as material, the enactments listed in Parts 1 and 2 of Schedule 2 (which relate to statutes and subordinate instruments respectively); andin relation to the Scottish Ministers and SEPA, their functions under Schedule 1 and under Part 1 of the Scottish Act (protection of the water environment) as applied by regulation 5;

• “relevant offices” means—in relation to the Agency, its principal office and the principal office for each of its regions; andin relation to SEPA, its head office and each of its regional offices within the Solway Tweed River Basin District;

• “responsible authority” has the meaning given by section 2(8) of the Scottish Act;

• “river basin district” means a district which is the main unit for the management of river basins for the purposes of the Directive, being made up of a river basin or neighbouring river basins, together with associated groundwater, transitional waters and coastal water;

• “the Scottish Act” means the Water Environment and Water Services (Scotland) Act 2003[^f00007];

• “the Scottish Ministers” has the meaning given by section 127 of the Scotland Act 1998[^f00008];

• “SEPA” means the Scottish Environment Protection Agency; and

• “shellfish” means crustaceans and molluscs of any kind, and includes any brood, ware, half-ware, spat or spawn of shellfish;

• “shellfish water objectives” means the objectives in paragraph (b) of the definition of environmental objectives;

• “shellfish water protected area” means—in relation to an area of water in England, an area of water designated under regulation 3A;in relation to an area of water in Scotland, an area of water designated under section 5A of the Scottish Act;

• “the Solway Tweed River Basin District” means the area identified by regulation 3(1).

• “the table of priority substances” means the table in Part A of Annex I to the EQS 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 3 (references in those definitions to an Annex or an Article being to an Annex to, or an Article of, the Directive).

• (3) For the purposes of these Regulations, references to the Directive, the EQS Directive and the Groundwater Directive, or to any provision of them, are to be read in accordance with Schedule 5.

The Solway Tweed River Basin District

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• (1) The area shown on the official 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 Agency must ensure that the official map is published on its website and made available to the public at its principal office.

• (3) SEPA must ensure that the official map is published on its website and made available to the public at its principal office.

• (4) In this regulation—

• (a) “the official map” means the map of the Solway Tweed River Basin District contained in the river basin management plan for the District published by the Ministers under paragraph 7(4) of Schedule 1;

• (b) “river basin district” means a district which is the main unit for the management of river basins for the purposes of the Directive, being made up of neighbouring river basins together with associated groundwater, transitional waters and coastal water.

The general duties

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The Secretary of State, the Scottish Ministers, the Agency and SEPA must exercise their relevant functions so as to secure—

• (a) that the requirements of the Directive and of the EQS Directive for the achievement of the environmental objectives, and in particular the programme of measures, are co-ordinated for the whole of the Solway Tweed River Basin District; and

• (b) compliance in relation to that district with the other requirements of the Directive , the EQS Directive and the Groundwater Directive.

Application of Part 1 of the Scottish Act in relation to the Solway Tweed River Basin District

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• (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 orders made under section 5A or regulations made under section ..., 22, 23 or 25 to apply in relation to any part of the Solway Tweed River Basin District outside Scotland.

SCHEDULE 1 — RIVER BASIN MANAGEMENT PLANNING

Characterisation of river basin district

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• (1) The Agencies must in accordance with Annex II to the Directive (characterisation, etc of waters) by 22nd December 2004—

• (a) carry out an analysis of the characteristics of the Solway Tweed River Basin District; and

• (b) conduct a review of the impact of human activity on the status of surface water and groundwater in that district.

• (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

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• (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

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• (1) The Ministers must identify any bodies of water within the Solway Tweed River Basin District which—

• (a) are used for the abstraction of water intended for human consumption and either—

• (i) provide more than 10 cubic metres of such water per day as an average; or

• (ii) serve more than 50 persons; or

• (b) are intended to be used for the abstraction of water intended for human consumption to the extent referred to in paragraph (a)(i) or (ii).

• (2) In this paragraph, “water intended for human consumption” has the same meaning as in Council Directive 98/83/EC on the quality of water intended for human consumption.

Register of protected areas

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• (1) The Agencies must for the Solway Tweed River Basin District—

• (a) by 22nd December 2004 prepare, and

• (b) thereafter keep under review and up to date,

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

• (2) In this paragraph, “protected area” means—

• (a) a body of water which has been identified under paragraph 3; ...

• (aa) a shellfish water protected area;

• (b) the areas and bodies of water for the time being designated or otherwise identified as requiring special protection under assimilated law providing for the protection of surface water and groundwater or for the conservation of habitats or species directly depending on water ..., including, in particular—

• (i) areas designated for the protection of economically significant aquatic species;

• (ii) bodies of water designated as recreational waters;

• (iii) nutrient-sensitive areas; and

• (iv) areas designated for the protection of habitats or species where the maintenance or improvement of the status of water is an important factor in the protection of the habitats or species.

Monitoring

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• (1) The Agencies must—

• (a) establish programmes for monitoring water status in order to establish a coherent and comprehensive overview of water status within the Solway Tweed River Basin District; and

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

• (2) The monitoring programmes must cover—

• (a) in relation to surface water—

• (i) the volume and level or rate of flow to the extent relevant to ecological and chemical status and ecological potential; and

• (ii) ecological and chemical status and ecological potential; and

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

• (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—

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

• (b) points 1.4.1 (excluding points (iv) to (ix)), 1.4.2 and 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).

• (5) The Agencies must maintain, in relation to each shellfish water protected area, a monitoring programme for the purposes of enabling a reliable assessment of whether the shellfish water objectives have been or will be achieved.

• (6) By 22nd December 2018, the Agencies must establish, for the Solway Tweed River Basin District, a monitoring programme in respect of substances 34 to 45 in the table of priority substances.

Environmental objectives and programme of measures

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• (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—

• (a) environmental objectives for the district; and

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

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

• (a) take account of the characterisation of, and economic analysis of water use in, the district (and any review of the same) carried out under paragraphs 1 and 2; and

• (b) take such steps as they think fit, or the Ministers may direct, to—

• (i) provide opportunities for the general public and those persons likely to be interested in or affected by their proposals to participate in discussion and the exchange of information or views in relation to the preparation of those proposals;

• (ii) publicise their draft proposals to those persons; and

• (iii) consult those persons in respect of those proposals.

• (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—

• (a) approve the proposals, or any of them, in the form submitted;

• (b) approve the proposals, or any of them, either with modifications or subject to such modifications as the Ministers may direct the Agencies to make; or

• (c) reject the proposals, or any of them;

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—

• (a) modifications of such nature as the direction may specify; and

• (b) any further modifications which the Agencies consider appropriate.

• (5) The Ministers must ensure that—

• (a) a programme of measures for the Solway Tweed River Basin District is—

• (i) established by 22nd December 2009;

• (ii) made operational by 22nd December 2012; and

• (iii) periodically reviewed and where appropriate updated, initially by 22nd December 2015 and thereafter by each sixth anniversary of that date; and

• (b) in relation to a programme of measures that is updated under paragraph (a)(iii), any new or revised measures are made operational within three years of that updating.

• (6) Without prejudice to the existing obligations, the Ministers must ensure that a programme of measures updated under sub-paragraph (5)(a)(iii) includes measures with the aim of achieving good surface water chemical status by 22nd December 2021 in relation to substances 2, 5, 15, 20, 22, 23 and 28 in the table of priority substances.

River basin management plan

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• (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—

• (a) relate to such period as the Ministers direct; ...

• (b) include the information specified in the relevant provisions of the Directive , the EQS Directive and the Groundwater Directive; and

• (c) include, in relation to any shellfish water protected area, equivalent information relating to the shellfish water objectives as is required by paragraph 7(3)(d) to be included for the environmental objectives falling within paragraph (a) of the definition of environmental objectives.

• (3) The relevant provisions of the Directive for the purposes of this paragraph 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—