Environment Act 2021

90 Water quality: powers of Welsh Ministers

(1) The Welsh Ministers may by regulations amend or modify any legislation to which this section applies for the purpose of—

(a) making provision about the substances to be taken into account in assessing the chemical status of surface water or groundwater;

(b) specifying standards in relation to those substances or in relation to the chemical status of surface water or groundwater.

(2) This section applies to —

(a) the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 (S.I. 2017/407);

(b) any regulations modifying that legislation made under or by virtue of the European Union (Withdrawal) Act 2018.

(3) Regulations under subsection (1) may also, in connection with provision made under subsection (1)(a) or (b), amend or modify legislation to which this section applies so as to make provision—

(a) setting objectives in relation to the substances about which the provision is made, or in relation to the chemical status of surface water or groundwater (including objectives to maintain specified standards or to achieve specified standards by specified dates);

(b) about how objectives set by the regulations are to be met, including provision requiring, or otherwise relating to, measures to be taken to achieve those objectives;

(c) requiring, or otherwise relating to, the monitoring or assessment of any matter relating to the chemical status of surface water or the chemical status of groundwater;

(d) about the classification of bodies of water according to their chemical status or any matter relating to their chemical status.

(4) Before making regulations under this section the Welsh Ministers must consult—

(a) the Natural Resources Body for Wales;

(b) if the regulations apply to any part of a river basin district which is partly in Wales and partly in England, the Secretary of State;

(c) any persons or bodies appearing to the Welsh Ministers to represent the interests of those likely to be affected by the regulations.

(5) Regulations under this section may contain only provision which, if contained in an Act of Senedd Cymru, would (disregarding paragraphs 8(1)(c) and 11(1)(a) and (c) of Schedule 7B to the Government of Wales Act 2006) be within the legislative competence of the Senedd.

(6) Regulations under this section are subject to the negative procedure.