The Water Environment (Water Framework Directive) (England and Wales) (Amendment) Regulations 2016

New regulation 7A (designation of shellfish waters) E+W

4.  After regulation 7 insert—

“Designation of shellfish waters

7A.— (1) Subject to paragraph (4), the appropriate authority may designate any area of coastal or transitional water within a river basin district as a shellfish water protected area by including it in the relevant list.

(2) In relation to a shellfish water protected area which is wholly in England, the relevant list is the list entitled “Shellfish Waters (England) 2016” and dated 8th February 2016.

(3) In relation to a shellfish water protected area which is wholly in Wales, the relevant list is the list entitled “Shellfish Waters (Wales) 2016” and dated 8th February 2016.

(4) An area of coastal or transitional water may not be included in the relevant list unless the appropriate authority considers that to do so is necessary or desirable in order to protect or develop economically significant shellfish production.

(5) The appropriate authority may from time to time review each designation made under paragraph (1).

(6) The first review under this regulation must be completed by 22nd December 2021 and afterwards reviews must be completed at intervals not exceeding 6 years.

(7) The appropriate agency must ensure that the relevant list is—

(a) published on its website; and

(b) made available to the public at its principal offices.

(8) In this regulation—

“appropriate agency” means—

(a)

in relation to a shellfish water protected area that is wholly in England, the Agency;

(b)

in relation to a shellfish water protected area that is wholly in Wales, the NRBW;

“appropriate authority” means—

(a)

in relation to a shellfish water protected area or proposed area that is wholly in England, the Secretary of State;

(b)

in relation to a shellfish water protected area or proposed area that is wholly in Wales, the Welsh Ministers.”.