The Water Framework Directive (Classification, Priority Substances and Shellfish Waters) Regulations (Northern Ireland) 2015

Interpretation N.I.

2.—(1) In these Regulations—

F1 ...

[F2 “the 2017 Regulations” means the Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2017;]

“biological boundary value” in respect of biological quality elements means the classification boundaries for ecological status as set out in Annex V of the Water Framework Directive and as agreed following the EU intercalibration exercise M1 ;

“biota taxon” means a particular aquatic taxon within the taxonomic rank “sub-phylum”, “class” or their equivalent;

“cyprinid waters” means a type of lake or river which, in the Department's judgement, would support a sustainable fish population dominated by cyprinid species;

“Directive 2009/90/EC” means Commission Directive 2009/90/EC laying down, pursuant to Directive 2000/60/EC of the European Parliament and of the Council, technical specifications for chemical analysis and monitoring of water status M2 ;

“existing obligations” means the obligations (on environmental quality standards in the field of water policy) under Directive 2008/105/EC of the European Parliament and of the Council M3 (“the original Directive”) before it was amended by Directive 2013/39/EU of the European Parliament and of the Council M4 including, in particular, the achievement of good surface water chemical status in relation to the substances and the associated environmental quality standards listed in the original Directive;

“matrix” means a compartment of the aquatic environment, namely water, sediment or biota;

“mixing zone” means an area designated in accordance with Article 4 of the Directive;

“river basin district” has the same meaning as in [F3 the 2017 Regulations] and, for the purposes of these regulations, shall include “international river basin district” as also defined in [F3 the 2017 Regulations] ;

[F4 “river basin management plan” has the same meaning as in the 2017 Regulations]

“salmonid waters” means a type of lake or river which, in the Department's judgement, would support a sustainable fish population dominated by salmonid species;

[F5 “shellfish waters” means a shellfish water protected area designated in accordance with regulation 9 of the 2017 Regulations;]

“the Department” means the Department of the Environment;

“the Directive” means Directive 2008/105/EC of the European Parliament and of the Council of 16 December 2008 on environmental quality standards in the field of water policy M5 as amended by Directive 2013/39/EU of the European Parliament and of the Council M6 ;

“the Water Framework Directive” means Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a Framework for Community Action in the Field of Water Policy M7 as last amended by Commission Directive 2014/101/EU M8 .

(2) Any word or expression used in these Regulations and the Directive, the Water Framework Directive, Directive 2009/90/EC, or [F6 the 2017 Regulations] and not otherwise defined in these Regulations shall have the same meaning for the purposes of these Regulations as it has for the purposes of the applicable Directive or Regulations.

(3) The Interpretation Act (Northern Ireland) 1954 M9 applies to these Regulations as it applies to an Act of the Assembly.

[F7 (4) For the purposes of these Regulations, references to the Water Framework Directive, the Directive and Directive 2009/90/EC or to a provision of one of those Directives, are to be read in accordance with Schedule 6 (Modifications of Directives).]

Textual Amendments

F1 Words in reg. 2(1) omitted (with application in accordance with reg. 1(b), 4(1) of the amending Rule) by virtue of The Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2017 (S.R. 2017/81), reg. 1(a), Sch. 4 para. 1(2)(a) (with reg. 37)

F2 Words in reg. 2(1) inserted (with application in accordance with reg. 1(b), 4(1) of the amending Rule) by The Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2017 (S.R. 2017/81), reg. 1(a), Sch. 4 para. 1(2)(b) (with reg. 37)

F3 Words in reg. 2(1) substituted (with application in accordance with reg. 1(b), 4(1) of the amending Rule) by The Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2017 (S.R. 2017/81), reg. 1(a), Sch. 4 para. 1(2)(c) (with reg. 37)

F4 Words in reg. 2(1) substituted (with application in accordance with reg. 1(b), 4(1) of the amending Rule) by The Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2017 (S.R. 2017/81), reg. 1(a), Sch. 4 para. 1(2)(d) (with reg. 37)

F5 Words in reg. 2(1) substituted (with application in accordance with reg. 1(b), 4(1) of the amending Rule) by The Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2017 (S.R. 2017/81), reg. 1(a), Sch. 4 para. 1(2)(e) (with reg. 37)

F6 Words in reg. 2(2) substituted (with application in accordance with reg. 1(b), 4(1) of the amending Rule) by The Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2017 (S.R. 2017/81), reg. 1(a), Sch. 4 para. 1(3) (with reg. 37)

F7 Reg. 2(4) inserted (31.12.2020) by The Water (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/112), regs. 1(1), 11(2); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M1 EU Commission Decision 2013/480/EU

M2 OJ L201, 1.8.2009, p.36

M3 OJ L348, 16.12.2008, p.84

M4 OJ L226, 24.8.2013, p.1

M5 OJ L348, 16.12.2008, p.84

M6 OJ L226, 24.08.2013, P.1

M7 OJ L327,22.12.2000, p.1-73; as amended by Decision 2455/2001/EC (OJ L331, 15.12.2001, p.1), Directive 2008/32/EC (OJ L81, 20.3.2008, p.60), Directive 2008/105/EC (OJ L348, 24.12.2008, p.84), Directive 2009/31/EC (OJ L140, 5.6.2009, p.114), Directive 2013/39/EU (OJ L226, 24.8.2013, p.1) and Commission Directive 2014/101/EU (OJ L311, 31.10.2014, p.32).

M8 OJ L311, 31.10.2014, p.32

M9 1954 c.33 (N.I.)