The Water Environment (Water Framework Directive) (England and Wales) Regulations 2003

River basin management plans: public participation

12.—(1) The Agency must 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 statement of—

(i) the steps and consultation measures it is to take in connection with the preparation of the plan; and

(ii) the dates by which those steps and measures are to be taken;

(b) not less than two years before the beginning of the plan period, publish a summary of the significant water management matters which it considers arise for consideration in relation to the river basin district; and

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

(2) The Agency must publish any matter required by paragraph (1) to be published in such manner as the Agency considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it and must—

(a) make copies of the statement, summary or draft plan accessible to the public free of charge through its website and at its principal office and each of its principal regional offices;

(b) publish a notice—

(i) stating the fact of publication;

(ii) specifying the arrangements made for making copies of the statement, summary or draft plan available for public inspection; and

(iii) stating that any person may make representations to the Agency in relation to the statement, summary or draft plan;

(c) consult the persons referred to in paragraph (4);

(d) take such steps as it thinks fit, or the appropriate authority may direct, to provide opportunities for the general public and the persons referred to in paragraph (4) 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 referred to in paragraph (4) to make representations in relation to the draft plan.

(3) A notice required by paragraph (2)(b) must be published—

(a) in the London Gazette; and

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

(4) The persons to be consulted are—

(a) the appropriate authority;

(b) the Director General of Water Services;

(c) the appropriate nature conservation bodies;

(d) every local authority any part of whose area is within the river basin district;

(e) every local planning authority any part of whose area is within the river basin district;

(f) where any part of the river basin district has been designated as a National Park, the National Park authority for that National Park;

(g) the harbour authority for each harbour in the river basin district;

(h) every navigation authority having functions in relation to any part of the river basin district;

(i) every water undertaker or sewerage undertaker any part of whose area is within the river basin district;

(j) any local fisheries committee for a sea fisheries district any part of which lies within the river basin district;

(k) such persons as appear to the Agency, in relation to the river basin district—

(i) to be representative of the interests of those carrying on any business which relies upon the water environment;

(ii) to have an interest in the protection of the water environment; or

(iii) to have an interest in the promotion of flood management; and

(l) such other persons as—

(i) the Agency thinks fit; or

(ii) the appropriate authority may direct.

(5) In this regulation—

(a) “appropriate nature conservation bodies” means the Joint Nature Conservation Committee and—

(i) in relation to a river basin district that is wholly in England, English Nature;

(ii) in relation to a river basin district that is wholly in Wales, the Countryside Council for Wales; and

(iii) in relation to a river basin district that is partly in England and partly in Wales, English Nature and the Countryside Council for Wales;

(b) “harbour” and “harbour authority” have the meanings given by section 57 of the Harbours Act 1964(1);

(c) “local authority” means the council of any county, county borough, district or London borough, the Common Council of the City of London or the Greater London Authority;

(d) “local fisheries committee” and “sea fisheries district” mean a local fisheries committee constituted, and a sea fisheries committee created, by an order under section 1 of the Sea Fisheries Regulation Act 1966(2);

(e) “local planning authority” has the meaning given by section 1 of the Town and Country Planning Act 1990(3);

(f) “navigation authority” has the meaning given by section 221(1) of the Water Resources Act 1991(4); and

(g) “the plan period”, in relation to a plan, means the period to which a direction under regulation 11(2)(a) requires it to relate.

(6) The Agency must take into account any representations relating to a statement, summary or draft plan published in accordance with paragraph (1) which are received by the Agency within the period of six months beginning with the date of publication or such longer period as the appropriate authority may direct.

(1)

1964 c. 40.

(2)

1966 c. 38.

(3)

1990 c. 8; section 1 was amended by the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28), section 187(1) and Schedule 24, the Local Government (Wales) Act 1994 (c. 19), section 18 and Schedule 18, and the Environment Act 1995 (c. 25), sections 78 and 120 and Schedules 10 and 24.

(4)

1991 c. 57.