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The Surface Waters (Shellfish) (Classification) Regulations (Northern Ireland) 1997

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Compliance with relevant requirements

4.—(1) Subject to paragraphs (2) and (3), any waters classified under these Regulations shall be treated in relation to any period of 12 months as complying with the requirements specified in Schedule 1 for any parameter if in that period in relation to those waters—

(a)in the case of the parameter for organohalogenated substances or metals, 95 per cent of the samples taken for that parameter in accordance with regulation 7 comply with the requirements;

(b)in the case of the parameter for salinity or dissolved oxygen,100 per cent of the samples taken for that parameter in accordance with regulation 7 comply with the requirements;

(c)in the case of any other parameter, 75 per cent of the samples taken for that parameter in accordance with regulation 7 comply with the requirements.

(2) Where in accordance to regulation 7(5) the frequency of sampling is reduced in relation any waters classified under these Regulations, 100 per cent of samples taken for each parameter in accordance with regulation 7 in relation to those waters must comply with the requirements specified in Schedule 1.

(3) Non-compliant samples shall be ignored for the purposes of paragraphs (1) and (2) if they are the result of a disaster.

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