Groundwater Regulations (Northern Ireland) 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement in Northern Ireland Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration, OJ No. L372, 27.12.2006, p.19. They continue to implement Directive 2000/60/EC of the European Parliament and of the Council (establishing a framework for Community action in the field of water policy, OJ No. L327, 22.12.2000. p.60).

They revoke and replace the Groundwater Regulations (Northern Ireland) 1998.

Part 1 of the Regulations is introductory.

Part 2 transposes Articles 3, 4 & 5 of Council Directive 2006/118/EC in relation to the classification of groundwater bodies, the establishment of threshold values and the identification of trends and starting points for their reversal.

Part 3 places requirements on the Department when they grant an authorisation under these Regulations and a consent under Article 7A of the Water (Northern Ireland) Order 1999, (as inserted by Article 280 of The Water and Sewerage Services (Northern Ireland) Order 2006), and ensures the review of all authorisations for compliance with the conditions of the authorisation.

Part 4 creates an offence of a discharge of a hazardous substance or non-hazardous pollutant without an authorisation, and provision as to how an authorisation for this is applied for.

Part 5 is concerned with enforcement. Regulation 24 gives the Department powers to require information and regulation 25 gives the Department powers to serve notices prohibiting activities, or authorising them subject to conditions. Regulation 27 provides for codes of practice and regulation 29 details the penalties that may be applied if a person or body corporate is found guilty of an offence under regulations 19, 24 or 25.