The Water Environment (Water Framework Directive) (England and Wales) Regulations 2017

Regulation 2(3)

SCHEDULE 1 E+W Directive definitions

1.—(1) In the definitions in paragraph (2) (which derive from the WFD)— E+W

(a) a reference to an Article or Annex is a reference to an Article or Annex of the WFD (unless otherwise specified);

(b) a reference to a regulation is a reference to a regulation in these Regulations.

(2) The definitions are—

“aquifer” means a subsurface layer or layers of rock or other geological strata of sufficient porosity and permeability to allow either a significant flow of groundwater or the abstraction of significant quantities of groundwater;

“body of groundwater” means a distinct volume of groundwater within an aquifer or aquifers;

“body of surface water” means a discrete and significant element of surface water such as a lake, a reservoir, a stream, river or canal, part of a stream, river or canal, a transitional water or a stretch of coastal water;

“coastal water” means surface water on the landward side of a line, every point of which is at a distance of one nautical mile on the seaward side from the nearest point of the baseline from which the breadth of territorial waters is measured, extending where appropriate up to the outer limit of transitional waters;

“direct discharges of pollutants into groundwater” means the discharge of pollutants into groundwater without percolation through the soil or subsoil;

“ecological status” is an expression of the quality of the structure and functioning of aquatic ecosystems associated with surface waters, classified in accordance with Annex V and such Directions as the appropriate authority may give to the appropriate agency;

“good ecological potential” means the status of an artificial or heavily modified water body classified as such in accordance with the relevant provisions of Annex V and such Directions as the appropriate authority may give to the appropriate agency;

“good ecological status” means the status of a body of surface water classified as such in accordance with the relevant provisions of Annex V and such Directions as the appropriate authority may give to the appropriate agency;

“good groundwater status” means the status of a body of groundwater when both its chemical and quantitative status are at least good;

“good groundwater chemical status” means the chemical status of a body of groundwater which meets all the conditions set out in table 2.3.2 of Annex V;

“good surface water chemical status” means the chemical status required to meet the environmental objectives for surface waters under regulation 13(2), that is the chemical status achieved by a body of surface water in which concentrations of pollutants do not exceed the environmental quality standards established by the table of priority substances, and under other relevant EU legislation setting environmental quality standards at EU level;

“groundwater” means all water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil;

“groundwater status” is the general expression of the status of a body of groundwater, determined by the poorer of its quantitative status and chemical status;

“hazardous substances” means substances or groups of substances that are toxic, persistent and liable to bio-accumulate, and other groups of substances which give rise to an equivalent level of concern;

“inland water” means all standing and flowing water on the surface of the land, and all groundwater on the landward side of the baseline from which the breadth of the territorial sea is measured;

“lake” means a body of standing inland surface water;

“pollutant” means any substance liable to cause pollution, including those listed in Annex VIII;

“pollution” means the direct or indirect introduction, as a result of human activity, of substances or heat into the air, water or land which may be harmful to human health or the quality of aquatic ecosystems or terrestrial ecosystems directly depending on aquatic ecosystems, which result in damage to material property, or which impair or interfere with amenities and other legitimate uses of the environment;

“priority substance” and “priority hazardous substance” means a substance identified as such in Annex X to the WFD;

“quantitative status” is an expression of the degree to which a body of groundwater is affected by direct and indirect abstractions;

“river” means a body of inland water flowing for the most part on the surface of the land but which may flow underground for part of its course;

“river basin” means the area of land from which all surface run-off flows through a sequence of streams, rivers and, possibly, lakes into the sea at a single river mouth, estuary or delta;

“surface water” means inland waters, except groundwater; transitional waters and coastal waters except in respect of chemical status for which it shall also include territorial waters;

“surface water status” means the status of a body of surface water, determined by the poorer of its ecological status and chemical status;

“transitional waters” means bodies of surface water in the vicinity of river mouths which are partly saline in character as a result of their proximity to coastal waters but which are substantially influenced by freshwater flow;

“water services” means all services which provide, for households, public institutions or any economic activity—

(a)

abstraction, impoundment, storage, treatment and distribution of surface water or groundwater;

(b)

waste-water collection and treatment facilities which subsequently discharge into surface water;

“water use” means water services together with any other activity identified as having a significant impact on the status of water in the analyses carried out under regulations 5 and 7 in accordance with Annex II.

Regulation 2(1)

SCHEDULE 2 E+W Enactments in relation to which duties in regulation 3 apply

PART 1 E+W Statutes

1.  Section 2(2) of the European Communities Act 1972 M1 . E+W

Marginal Citations

M1 1972 c. 68; section 2(2) was amended by section 27 of the Legislative and Regulatory Reform Act 2006 (c. 51) and section 3 of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).

2.  The Salmon and Freshwater Fisheries Act 1975 M2 . E+W

Marginal Citations

M2 1975 c. 51.

3.  Parts 2 and 2A of the Environmental Protection Act 1990 (waste on land and contaminated land) M3 . E+W

Marginal Citations

M3 1990 c. 43.

4.  Part 4 of the Water Industry Act 1991 (sewerage services) M4 . E+W

Marginal Citations

M4 1991 c. 56.

5.  Parts 2 to 5 and 7 to 9 of the Water Resources Act 1991 (water resources management; control of pollution of water resources; flood defence; general control of fisheries; land and works powers; information provisions; miscellaneous and supplemental) M5 . E+W

Marginal Citations

M5 1991 c. 57.

6.  The Land Drainage Act 1991 M6 . E+W

Marginal Citations

M6 1991 c. 59

7.  The Environment Act 1995 M7 . E+W

Marginal Citations

M7 1995 c. 25.

8.  Sections 3, 4, 10, 81 and 83 of the Water Act 2003 (abstraction and impoundment; duties to conserve water) M8 . E+W

Marginal Citations

M8 2003 c.37; sections 3, 4 and 10 were amended by S.I. 2013/755.

9.  Part 4 of the Marine and Coastal Access Act 2009 (marine licensing) M9 . E+W

Marginal Citations

M9 2009 c. 23.

10.  The Flood and Water Management Act 2010 M10 . E+W

Marginal Citations

M10 2010 c. 29.

11.  Section 61 of the Water Act 2014 (regulation of the water environment) M11 . E+W

Marginal Citations

M11 2014 c. 21.

PART 2 E+W Subordinate instruments

12.  The Sludge (Use in Agriculture) Regulations 1989 M12 . E+W

Marginal Citations

M12 S.I. 1989/1263; relevant amending instruments are S.I. 1990/880, 1996/593, 2000/656, 2010/1159, 1820 (W.177), 2013/755 (W. 90).

13.  The Urban Waste Water Treatment (England and Wales) Regulations 1994 M13 . E+W

Marginal Citations

M13 S.I. 1994/2841, amended by S.I. 2003/1788, 2005/2035, 2010/675, 2011/556, 2013/755 (W. 90), 2016/1154.

14.  The Water Protection Zone (River Dee Catchment) (Procedural and Other Provisions) Regulations 1999 M14 . E+W

Marginal Citations

M14 S.I. 1999/916, amended by S.I. 2013/755 (W. 90).

15.  The Control of Pollution (Oil Storage) (England) Regulations 2001 M15 . E+W

Marginal Citations

M15 S.I. 2001/2954, amended by S.I. 2010/1159 and 2016/1154.

16.  The Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003 M16 . E+W

Marginal Citations

M16 S.I. 2003/164; relevant amending instruments are S.I. 2006/3124, 2010/1159, 2013/755 (W. 90).

17.  The Urban Waste Water Treatment (England and Wales) (Amendment) Regulations 2003 M17 . E+W

Marginal Citations

M17 S.I. 2003/1788, amended by S.I. 2013/755 (W. 90).

18.  The Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009 M18 . E+W

Marginal Citations

M18 S.I. 2009/995 (W. 81); relevant amending instruments are S.I. 2012/630, 2013/755 (W. 90), 2015/1394 (W. 138), 2015/1937 and 2016/1154.

19.  The Eels (England and Wales) Regulations 2009 M19 . E+W

Marginal Citations

M19 S.I. 2009/3344, amended by S.I. 2011/2976, 2013/755 (W. 90).

20.  The Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (England) Regulations 2010 M20 . E+W

Marginal Citations

M20 S.I. 2010/639, amended by S.I. 2010/1091.

21.  The Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (Wales) Regulations 2010 M21 . E+W

Marginal Citations

M21 S.I. 2010/1493 (W. 136), amended by S.I. 2013/755 (W. 90) and 2016/359 (W. 112).

22.  The Natural Resources Body for Wales (Establishment) Order 2012 M22 . E+W

Marginal Citations

M22 S.I. 2012/1903 (W. 230).

23.  The Bathing Water Regulations 2013 M23 . E+W

Marginal Citations

M23 S.I. 2013/1675, amended by S.I. 2013/2363, 2014/1067 (W. 106), 2016/314 (W. 103), 600.

24.  The Nitrate Pollution Prevention (Wales) Regulations 2013 M24 . E+W

Marginal Citations

M24 S.I. 2013/2506 (W. 245), amended by S.I. 2015/2020 (W. 308).

25.  The Keeping and Introduction of Fish (Wales) Regulations 2014 M25 . E+W

Marginal Citations

M25 S.I. 2014/3303 (W. 336).

26.  The Keeping and Introduction of Fish (England and River Esk Catchment Area) Regulations 2015 M26 . E+W

Marginal Citations

M26 S.I. 2015/10.

27.  The Control of Major Accident Hazards Regulations 2015 M27 . E+W

Marginal Citations

M27 S.I. 2015/483, amended by S.I. 2016/1154; there are other amendments not relevant to these Regulations.

28.  The Nitrate Pollution Prevention Regulations 2015 M28 . E+W

Marginal Citations

M28 S.I. 2015/668, amended by S.I. 2016/1190, 1254.

29.  The Environmental Damage (Prevention and Remediation) (England) Regulations 2015 M29 . E+W

Marginal Citations

M29 S.I. 2015/810, amended by S.I. 2015/1391, 2016/1154.

30.  The Water Environment (Control of Pollution) (Oil Storage) (Wales) Regulations 2016 M30 . E+W

Marginal Citations

M30 S.I. 2016/359 (W. 112), amended by S.I. 2016/1154.

31.  The Environmental Permitting (England and Wales) Regulations 2016 M31 . E+W

Marginal Citations

M31 S.I. 2016/1154.

Regulation 20(2)(a)

SCHEDULE 3 E+W EU instruments for the protection of water

1.  Council Directive 91/271/EEC concerning urban waste-water treatment M32 . E+W

Marginal Citations

M32 OJ No L 135, 30.5.1991, p40, as last amended by Council Directive 2013/64/EU (OJ No L 353, 28.12.2013, p8).

2.  Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources M33 . E+W

Marginal Citations

M33 OJ No L 375, 31.12.1991, p1, as last amended by Regulation (EC) No 1137/2008 (OJ No L 311, 21.11.2008, p1).

3.  Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora M34 . E+W

Marginal Citations

M34 OJ No L 206, 22.7.1992, p7, as last amended by Council Directive 2013/17/EU (OJ No L 158, 10.6.2013, p193).

4.  Council Directive 98/83/EC on the quality of water intended for human consumption M35 . E+W

Marginal Citations

M35 OJ No L 330, 5.12.1998, p32, as last amended by Commission Directive (EU) 2015/1787 (OJ No L 260, 7.10.2015, p6).

5.  Directive 2006/7/EC of the European Parliament and of the Council concerning the management of bathing water quality M36 . E+W

Marginal Citations

M36 OJ No L 64, 4.3.2006, p37, as last amended by Council Directive 2013/64/EU (OJ No L 353, 28.12.2013, p8).

6.  Directive 2006/118/EC of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration M37 . E+W

Marginal Citations

M37 OJ No L 372, 27.12.2006, p19, as last amended by Commission Directive 2014/80/EU (OJ No L 182, 21.6.2014, p52).

7.  Directive 2008/105/EC of the European Parliament and of the Council on environmental quality standards in the field of water policy M38 . E+W

Marginal Citations

M38 OJ No L 348, 24.12.2008, p84, as last amended by Directive 2013/39/EU (OJ No L 226, 24.8.2013, p1).

8.  Directive 2009/147/EU of the European Parliament and of the Council on the conservation of wild birds M39 . E+W

Marginal Citations

M39 OJ No L 20, 26.1.2010, p7, as last amended by Council Directive 2013/17/EU (OJ No L 158, 10.6.2013, p193).

9.  Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) M40 . E+W

Marginal Citations

M40 OJ No L 334, 17.12.2010, p17.

10.  Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment M41 . E+W

Marginal Citations

M41 OJ No L 26, 28.1.2012, p1, as last amended by Directive 2014/52/ EU (OJ No L 124, 25.4.2014, p1).

11.  Directive 2012/18/EU of the European Parliament and of the Council on the control of major-accident hazards involving dangerous substances M42 . E+W

Marginal Citations

M42 OJ No L 197, 24.7.2012, p1.

Regulation 39

SCHEDULE 4 E+W Consequential amendments

The Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003 E+W

1.—(1) The Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003 M43 are amended as follows.

(2) In regulation 2—

(a) in the definition of “the principal Regulations”, for “the Water Environment (Water Framework Directive) (England and Wales) Regulations 2003” substitute “ the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 ”;

(b) in paragraph (a) of the definition of “relevant function”, for “regulations 5 to 20” substitute “ regulations 5 to 36 ”.

(3) Regulation 5 is amended as follows—

(a) in paragraph (1A)—

(i) in sub-paragraph (a), for “regulations 2, 5 to 18, 19 and 20” substitute “regulations 2, 5 to 22, 24 to 36, 38 and Schedules 1 and 3;

(ii) in sub-paragraph (b), for “regulation 18A” substitute “ regulation 23 ”;

(b) in paragraph (2)(b), for “paragraphs (1A) and (1B)” substitute “ paragraph (2) ”;

(c) in paragraph (2C)—

(i) for “Regulation 7A” substitute “ Regulation 9 ”;

(ii) for “paragraph (7)” substitute “ paragraph (8) ”;

(d) in paragraph (3)—

(i) in the words before paragraph (a), for “Regulation 12” substitute “ Regulation 29 ”;

(ii) for sub-paragraph (c)(iv) substitute—

“(iv) after sub-paragraph (j) there were inserted—

“(ja) Scottish Water;””;

(iii) in sub-paragraph (d), for sub-paragraph (h) of the substituted paragraph (5) substitute—

“(h) “the relevant date”, in relation to a plan, means—

(i) if a period of time has been directed under regulation 27(1)(a), the date on which that period begins, or

(ii) otherwise, the date by which the Secretary of State is next required under regulation 31(5) to publish an updated plan;”;

(e) in paragraph (4), for “Regulation 13” substitute “ Regulation 30 ”;

(f) in paragraph (5)—

(i) for “Regulation 14” substitute “ Regulation 31 ”;

(ii) for “paragraph 3(a)” substitute “ paragraph 4(a) ”;

(g) in paragraph (6)—

(i) for “Regulation 17” substitute “ Regulation 33 ”;

(ii) for “the NRBW” substitute “ NRW ”.

(4) Regulation 6 is amended as follows—

(a) in paragraph (3)(b)(i) —

(i) for “regulation 14” substitute “ regulation 31 ”;

(ii) for “regulation 16” substitute “ regulation 32 ”;

(b) in paragraph (5), for “regulation 14” substitute “ regulation 31 ”.

Marginal Citations

M43 S.I. 2003/3245, amended by S.I. 2016/139.

The Flood Risk Regulations 2009 E+W

2.—(1) The Flood Risk Regulations 2009 M44 are amended as follows.

(2) In regulation 8, for “the Water Environment (Water Framework Directive) (England and Wales) Regulations 2003” substitute “ the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 ”.

(3) In regulation 8A, for the words from “means” to the end, substitute “ has the same meaning as in the Water Environment Regulations ”.

(4) In regulation 21(2)—

(a) in sub-paragraph (a), for “regulation 8(2)(a) or (b)(ii) or (iv)” substitute “ regulation 10(2)(a) or 10(2)(b)(ii) or (iv) ”;

(b) in sub-paragraph (b), for “regulation 8(1)” substitute “ regulation 10(1) ”.

Marginal Citations

M44 S.I. 2009/3042, amended by S.I. 2010/1102; there are other amendments not relevant to these Regulations.

The Marine Strategy Regulations 2010 E+W

3.  In Schedule 2 to the Marine Strategy Regulations 2010 M45 , for “the Water Environment (Water Framework Directive) (England and Wales) Regulations 2003” substitute “ the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 ”.

Marginal Citations

M45 S.I. 2010/1627, to which there are amendments not relevant to these Regulations.

The Bathing Water Regulations 2013 E+W

4.—(1) The Bathing Water Regulations 2013 M46 are amended as follows.

(2) In regulation 5(2), for “the Water Environment (Water Framework Directive) (England and Wales) Regulations 2003” substitute “ the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 ”.

(3) In regulation 7(3)(a), for “the Water Environment (Water Framework Directive) (England and Wales) Regulations 2003” substitute “ the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 ”.

Marginal Citations

M46 S.I. 2013/1675, to which there are amendments not relevant to these Regulations.

The London Underground (Northern Line Extension) Order 2014 E+W

5.  In Part 3 of Schedule 8 to the London Underground (Northern Line Extension) Order 2014 M47 , in paragraph 30(2), for “the Water Environment (Water Framework Directive) (England and Wales) Regulations 2003” substitute “ the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 ”.

Marginal Citations

M47 S.I. 2014/3102.