PART 1PRELIMINARY
Citation and commencementI11
1
These Regulations may be cited as the Quality of Bathing Water Regulations (Northern Ireland) 2008 and come into operation in accordance with paragraphs (2) to (6).
2
Regulations 1- 6, regulation 19, paragraph 2 (1) (a) of Schedule 3 and regulation 8 insofar as it relates to that paragraph, come into operation on 30th June 2008.
3
Regulation 7 comes into operation on 24th March 2011.
4
Subject to paragraph (6), regulations 8 to10, 11(1) (a) and (5), 13, 15 to 18 and 20 come into operation on 24th March 2012.
5
The remainder of regulation 11 and regulations 12 and 14 come into operation on 24th March 2015.
6
Sub-paragraph (a) of paragraph (1) of regulation 9, regulation 10 insofar as it relates to that sub-paragraph and regulation 21 come into operation on 30th September 2015.
InterpretationI22
1
The Interpretation Act (Northern Ireland) 1954 3 applies to these Regulations as it applies to an Act of the Northern Ireland Assembly.
2
In these Regulations—
“abnormal situation” means an event or combination of events impacting on bathing water quality which the Department would not expect to occur, on average, more than once every four years;
“bathing season” means the period determined by the Department under regulation 4;
F1“bathing water” means the surface waters identified under regulation 3(1), other than excluded pools and waters, at which the Department expects a large number of people to bathe, having regard in particular to past trends and any infrastructure or facilities provided, or other measures taken, to promote bathing at those waters;
“Bathing Water Directive” means Directive 2006/7/EC4 of the European Parliament and of the Council concerning the management of bathing water quality and repealing Directive 76/160/EEC5;
“bathing water operator” means any person who controls the land immediately adjacent to a bathing water which is normally used to access the bathing water from the landward side and where the bathing water is tidal, the person who controls such land above the high water mark;
“bathing water profile” means the profile established under regulation 7;
“bathing water quality assessment” means the assessment carried out by the Department under regulation 11;
“cyanobacterial proliferation” means the accumulation of cyanobacteria in the form of a bloom, mat or scum;
F2“the Decision” means the Commission Implementing Decision 2011/321/EU of 27 May 2011 establishing, pursuant to the Bathing Water Directive, a symbol for information to the public on bathing water classification and any bathing water prohibition or advice against bathing5;
“Department” means the Department of the Environment;
F3“Departmental management measures” mean measures in relation to a bathing water taken by the Department—
- a
to identify and assess the causes of pollution that might, in the particular circumstances of each case, affect bathing waters and impair bathers’ health;
- b
under regulation 5 to reduce the risk of pollution; or
- c
under regulations 7 to 12;
- d
“excluded pools and waters” means—
- a
swimming pools and spa pools;
- b
confined waters subject to treatment or used for therapeutic purposes; and
- c
artificially created confined waters separated from surface water and groundwater;
- a
- a
“management measures” means Departmental management measures or operator management measures;
“operator management measures” means measures taken by a bathing water operator—
- a
to give information to the public under regulation 9; or
- b
to prevent bathers’ exposure to pollution by means of public information under regulation 9;
- a
“permanent advice against bathing” means advice issued, in relation to at least one whole bathing season, under regulation F414(2) ;
“relevant procedures for short-term pollution” means the following procedures for identifying the causes of, predicting and dealing with short-term pollution—
- a
management measures;
- b
surveillance and early warning systems with a view to preventing bathers’ exposure to the short-term pollution by means of public information under regulations 9 and 10;
- c
measures in relation to a bathing water taken by the Department under regulation 5 to prevent, reduce or eliminate the causes of short-term pollution;
- a
“set of bathing water quality data” means data obtained from results of samples taken under Part 1 of Schedule 3;
“short-term pollution” means contamination by Intestinal enterococci or Escherichia coli where the Department—
- a
has identified its causes; and
- b
does not normally expect the contamination to affect bathing water quality for more than approximately 72 hours after the bathing water is first affected;
- a
“surface water”, “groundwater”, “inland water”, “coastal water” and “transitional waters” have the same meaning as in the Water Framework Regulations;
“vicinity of the bathing water” means a position near to the bathing water, at a place likely to be noticed by persons as they make use of or enter onto the bathing water and, where the bathing water is tidal, higher than the High Spring Tide mark; and
F16F53
In the following provisions, namely—
a
regulation 5(4);
b
regulation 10(2)(b);
c
regulation 13(1) and (2);
d
regulation 14(1), (3) and (4);
e
regulation 16; and
f
paragraph 10(2) of Part 4 of Schedule 3,
references to a bathing water operator do not include the Department in its capacity as such.
4
Expressions used in these Regulations and not otherwise defined shall have the same meaning in these Regulations as they have in the Bathing Water Directive.
PART 2GENERAL
Identification of bathing watersF6I33
1
The Department shall identify all bathing waters in Northern Ireland on an annual basis.
2
The Department shall list in Schedule 1 the bathing waters identified in paragraph (1).
3
The Department shall publish the following information on an annual basis and in accordance with paragraph (4)—
a
a complete list of all bathing waters identified in paragraph (1);
b
details of all surface waters at which permanent advice against bathing has been issued (and not withdrawn) under regulation 14, including in relation to each surface water, the reasons for that advice.
4
The information to be published under paragraph (3) shall be actively disseminated before the start of the bathing season using appropriate media and technologies including the internet, and in such languages as appropriate.
Length of bathing seasonI44
For the purposes of these Regulations, the bathing season begins on the 1st June and ends at the end of the day on 15th September in each year.
General dutiesI55
1
The Department shall in the exercise of its relevant functions—
a
ensure that by the end of the bathing season in 2015, all bathing waters are classified under regulation 12 as at least “sufficient”;
b
take such realistic and proportionate measures as it considers appropriate in order to increase the number of bathing waters classified under regulation 12 as “good” or “excellent”; and
c
otherwise ensure compliance with the requirements of the Bathing Water Directive.
2
In this regulation “relevant functions” means functions under these Regulations and so far as relevant the enactments specified in Schedule 2 to the Water Framework Regulations.
3
In the Water Framework Regulations, in Schedule 2 (relevant functions), in Part 2, after paragraph 26 insert—
“27. The Quality of Bathing Water Regulations (Northern Ireland)2008.”.
4
The Department shall promptly provide a bathing water operator with such information as the Department considers the operator requires for the purpose of the operator’s functions under these Regulations.
Public participationI66
1
The Department shall—
a
encourage public participation in the exercise of its functions under these Regulations; and
b
ensure that the public has an opportunity—
i
to find out how to participate; and
ii
to submit comments or complaints.
2
The Department shall take due account of any information it has obtained from the public when exercising its functions under these Regulations.
Bathing water profilesI97
F71
The Department shall, in relation to every bathing water, in accordance with Schedule 2—
a
if it has not already done so, establish a bathing water profile before the start of the bathing season; and
b
keep every bathing water profile under review.
2
The Department may combine the bathing water profiles of contiguous bathing waters.
3
When complying with paragraph (1), the Department shall take into account the data which it has obtained or analysed under—
a
The Quality of Bathing Water Regulations (Northern Ireland) 19937; and
b
The Water Framework Regulations.
PART 3MONITORING OF BATHING WATERS AND PUBLIC INFORMATION
MonitoringI7I218
1
The Department shall monitor and carry out investigations at bathing waters in accordance with this regulation.
2
Monitoring for—
a
Intestinal enterococci and Escherichia coli shall be in accordance with Part 1 of Schedule 3;
b
cyanobacteria shall be in accordance with Part 2 of Schedule 3;
c
other pollution, which takes the form of tarry residues, glass, plastic, rubber or any other waste, shall be carried out in accordance with Part 4 of Schedule 3.
3
Investigation of macro-algae and marine phytoplankton proliferation shall be carried out in accordance with Part 3 of Schedule 3.
4
The bathing water operator shall also monitor in accordance with Part 4 of Schedule 3.
Public information: duties of bathing water operatorI26I10I119
F81
Every bathing water operator shall ensure that the following information about its bathing water is actively disseminated and promptly made available during the bathing season in an easily accessible place in the near vicinity of the bathing water—
I26a
the bathing water’s current classification pursuant to regulation 12, represented by a symbol in accordance with Part 2 of the Annex to the Decision;
b
any advice against bathing which has been introduced there, represented by a symbol in accordance with Part 1 of the Annex to the Decision, and giving reasons;
c
a general description of the bathing water, in non-technical language, based on its bathing water profile;
d
where the bathing water is subject to or likely to be subject to incidents of short-term pollution—
i
a statement to that effect;
ii
an indication of the number of days for which advice against bathing was introduced there during the immediately preceding bathing season because of short-term pollution; and
iii
a warning whenever short term pollution is predicted or present;
e
information on the nature and expected duration of abnormal situations there; and
f
an indication of the sources of more complete information published in accordance with regulation 10.
I112
Paragraph (3)(a) and (b) of regulation 10 shall apply to information provided under this regulation as it applies to information provided under that regulation.
Public information: duties of the DepartmentI12I2710
F91
The Department shall use appropriate media and technologies including the internet to actively and promptly disseminate the information specified in regulation 9(1) together with the following additional information, in such languages in addition to English as are appropriate, having regard to the location of the bathing water and ease of understanding, namely—
a
a list of all bathing waters;
b
before the start of every bathing season, the classification in accordance with regulation 12 of every bathing water for the preceding three years;
c
the bathing water profile of every bathing water;
d
as soon as possible after completion of the analyses under Schedule 3, the results of the monitoring carried out in accordance with regulation 8 since the beginning of the current bathing season;
e
where a bathing water is subject to or likely to be subject to incidents of short-term pollution—
i
the conditions likely to lead to short-term pollution there;
ii
the likelihood of the short-term pollution there and its likely duration;
iii
the causes of short-term pollution; and
iv
the relevant procedures for short-term pollution; and
f
where a bathing water is classified as “poor” under regulation 12—
i
the causes of pollution there; and
ii
the management measures being taken there, under regulation 14, to prevent, reduce or eliminate the causes of pollution.
2
The Department shall—
a
prepare a general description of every bathing water for use under regulation 9(1)(c); and
b
make the information available to all bathing water operators.
3
Information under this regulation shall—
a
wherever possible, be provided using a geographic information system;
b
be presented in a clear and coherent manner; and
c
be in such languages, in addition to English, as are appropriate having regard to the location of the bathing water and the ease of public understanding.
PART 4BATHING WATER ASSESSMENT AND CLASSIFICATION
AssessmentI22I23I20I1311
1
At the end of every bathing season, for every bathing water, the Department shall—
I22a
prepare a set of bathing water quality data for that season; and
I23b
carry out a bathing water quality assessment using the set of bathing water quality data compiled in relation to that season and the relevant assessment period.
I202
In this regulation, the “relevant assessment period” is—
a
the immediately preceding three bathing seasons;
b
the immediately preceding two bathing seasons, where the Department so decides in accordance with paragraph (3); or
c
the number of immediately preceding bathing seasons, being less than three, that the Department so decides in accordance with paragraph (4).
I203
The Department may make a decision under paragraph (2)(b) where—
a
it is at least five years since the last change in the relevant assessment period; and
b
the set of bathing water quality data is based on at least 16 samples.
I204
The Department may make a decision under paragraph 2(c) where—
a
it considers that any factors identified in the bathing water profile as likely to affect the classification of the bathing water under regulation 12 have changed, and the set of bathing water quality data used is based only on samples taken since those factors have changed; and
b
the set of bathing water quality data is based on at least 16 samples.
I135
The Department may—
a
subdivide existing bathing waters in the light of the bathing water quality assessments carried out under this regulation; or
b
group together existing bathing waters in light of those assessments where those bathing waters—
i
are contiguous;
ii
have received similar assessments for the preceding four years; and
iii
have bathing water profiles which identify common pollution risk factors or the absence thereof.
ClassificationI24F10I2412
At the end of every bathing season, on the basis of the assessment made under regulation 11, the Department shall classify every bathing water as “poor”, “sufficient”, “good” or “excellent” in accordance with Schedule 4.
PART 5MANAGEMENT OF BATHING WATERS
Management measures at bathing waters subject to pollution incidentsI1413
1
This regulation applies where the Department or a bathing water operator is aware of—
a
a cyanobacterial proliferation which it considers may pose a risk to bathers’ health;
b
a proliferation of macro-algae or marine phytoplankton which it considers is unacceptable or may pose a risk to bathers’ health;
c
the presence of waste, including tarry residues, glass, plastic, or rubber; or
d
any other incident, other than an incident of short-term pollution to which regulation 15 applies, that it considers may pose a risk to bathing water quality and bathers’ health.
F112
The Department shall promptly or, in the case of a cyanobacterial proliferation under paragraph (1)(a), immediately—
a
consult the bathing water operator; and
b
use appropriate media and technologies to actively and promptly disseminate information to the public in such languages in addition to English as are appropriate, having regard to the location of the bathing water and ease of understanding and take such other Departmental management measures as it considers appropriate to prevent exposing bathers to identified or presumed health risks.
3
F12 The bathing water operator shall promptly or, in the case of a cyanobacterial proliferation under paragraph (1)(a), immediately —
a
consult the Department;
F13b
ensure that appropriate information is actively disseminated and promptly made available to the public during the bathing season in an easily accessible place in the near vicinity of the bathing water, and take such operator management measures there as it considers appropriate to prevent exposing bathers to identified or presumed health risks; and
c
where necessary, remove the waste.
Additional management measures at “poor” bathing watersI25F14I2514
1
Where the Department classifies a bathing water as “poor” under regulation 12—
a
the Department shall, during the bathing season following this classification—
i
take, or cause to be taken, such Departmental management measures at the bathing water as it considers adequate with a view to preventing bathers’ exposure to pollution;
ii
take, or cause to be taken, such Departmental management measures or other adequate measures at the bathing water so as to prevent, reduce or eliminate (as appropriate) the causes of pollution;
iii
notify the bathing water operator; and
iv
identify the reasons why the bathing water failed to achieve a classification of “sufficient”; and
b
the bathing water operator shall—
i
take such operator management measures that it considers adequate with a view to preventing bathers’ exposure to pollution; and
ii
introduce advice against bathing there by means of public information under regulation 9.
2
The Department shall issue permanent advice against bathing where—
a
the Department has classified the bathing water as “poor” under regulation 12 for five consecutive years; or
b
after consultation with such other persons as it thinks fit, it considers that the achievement of a “sufficient” quality classification at that bathing water would be infeasible or disproportionately expensive.
3
Where permanent advice against bathing has been issued in relation to a bathing water, the Department shall—
a
notify the bathing water operator that permanent advice against bathing has been issued in relation to a bathing water in its area, giving reasons; and
b
use appropriate media and technologies including the internet to actively and promptly disseminate all the following information, in such languages in addition to English as are appropriate, having regard to the location of the bathing water and ease of understanding, namely—
i
that permanent advice against bathing has been introduced there;
ii
the fact that the area concerned is no longer a bathing water; and
iii
the reasons for its declassification.
4
Where a bathing water operator has received notification that permanent advice against bathing has been issued in relation to a bathing water, that bathing water operator shall promptly and actively ensure that the following information is available in an easily accessible place in the near vicinity of the bathing water during the bathing season—
a
that permanent advice against bathing has been introduced there, represented by a symbol in accordance with Part 1 of the Annex to the Decision;
b
the area concerned is no longer a bathing water; and
c
the reasons for the declassification.
Additional management measures at bathing waters likely to be subject to incidents of short-term pollutionF15I1515
Where a bathing water is subject to or likely to be subject to short-term pollution—
a
the Department shall operate, or cause to be operated, the relevant procedures for short-term pollution for which it is responsible; and
b
the bathing water operator shall take the operator management measures which form part of the relevant procedures for short-term pollution there.
PART 6GENERAL PROVISIONS
Notice requiring bathing water operator to comply with the RegulationsI1616
1
If the Department becomes aware that a bathing water operator has failed in its duties under these Regulations, the Department may —
a
by notice given to the bathing water operator specify—
i
the measures which shall be taken by it to comply with these Regulations; and
ii
the time within which those measures shall be taken.
2
Before serving a notice under paragraph (1) on a bathing water operator, the Department shall reasonably endeavour to consult that operator concerning the measures which are to be specified in the notice.
3
A notice under paragraph (1) shall not be regarded as invalid or invalidly served by reason only of a failure to comply with paragraph (2).
4
A bathing water operator upon whom a notice under paragraph (1) is served, may, within the period of 21 days beginning with the day on which the notice is served, appeal against the notice to the Water Appeals Commission.
5
Where—
a
a notice under paragraph (1) is varied or quashed on appeal; and
b
the bathing water operator has complied with the notice,
the Department shall pay to the bathing water operator an amount equal to the loss suffered, or expenditure incurred, by that operator in complying with the notice.
6
Any dispute under regulation (5) as to the loss suffered or expenditure incurred shall be determined by the Lands Tribunal.
Consequences of not complying with a notice under regulation 16I1717
If a bathing water operator upon whom a notice is served under regulation 16 fails to comply with any of the requirements of the notice, the Department may—
a
do what the bathing water operator was required to do and may recover from the bathing water operator any costs or expenses reasonably incurred by the Department in doing it; or
b
take proceedings in the High Court requiring the bathing water operator to comply with the notice.
Enforcement powersI1818
Article 72 of the Waste and Contaminated Land (Northern Ireland) Order 1997 8 applies to the exercise by the Department of its functions under these Regulations as it applies to the exercise of its functions under the pollution control statutory provisions referred to in that Article.
Power to obtain informationI819
1
The Department may serve on any person a notice requiring that person to furnish it, within a period of time specified in the notice and in a form and manner so specified, with such information as is reasonably required by the Department for the purpose of carrying out any of its functions under these Regulations.
2
A person who fails without reasonable excuse to comply with the requirements of a notice served on him under paragraph (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Co-operation on transboundary watersI1920
1
Where a river basin gives rise to transboundary impacts on bathing water quality, the Department shall notify the competent authorities in the Republic of Ireland of the relevant facts.
2
The Department, in consultation with the competent authorities in the Republic of Ireland, shall organise the concertation necessary to identify the sources in question and the measures to be taken to protect the waters that are affected.
PART 7REVOCATION
RevocationI2821
The Quality of Bathing Water Regulations (Northern Ireland) 1993 are hereby revoked.
Sealed with the Official Seal of the Department of the Environment on 28th May 2008.
Maggie SmithA senior officer of theDepartment of the Environment