The Surface Waters (Shellfish) (Classification) Regulations 1997

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Surface Waters (Shellfish) (Classification) Regulations 1997 and shall come into force on 12th June 1997.

(2) Expressions used in these Regulations which are also used in Directive 79/923/ EEC(1) (the quality required of shellfish waters) shall have the same meaning as in that Directive.

Classification of waters

2.  The classification SFW and the criteria for that classification set out in the Schedule to these Regulations shall apply for classifying controlled waters which are coastal or brackish waters for the purposes of Directive 79/923/EEC and which need protection or improvement in order to support shellfish (bivalve and gasteropod molluscs) life and growth and thus to contribute to the high quality of shellfish products directly edible by man.

Compliance with relevant requirements

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

(a) in the case of the parameter for organohalogenated substances or metals, 100 per cent of the samples taken for that parameter in accordance with regulation 4 below comply with the requirements;

(b) in the case of the parameter for salinity or dissolved oxygen, 95 per cent of the samples taken for that parameter in accordance with regulation 4 below 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 4 below comply with the requirements.

(2) Where in accordance with regulation 4(5) below the frequency of sampling is reduced for any parameter in relation to any waters classified under these Regulations, 100 per cent of samples taken for that parameter in accordance with regulation 4 below in relation to those waters must comply with the requirements for that parameter specified in the Schedule to these Regulations.

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

Sampling and analysis

4.—(1) The Environment Agency shall ensure that waters classified under these Regulations are sampled and samples are analysed in accordance with the following provisions of this Regulation.

(2) Samples in relation to any waters classified under these Regulations shall always be taken at the same sampling point.

(3) The Environment Agency shall fix the exact position of the sampling point, and the depth at which samples are to be taken, having regard in particular to—

(a) the distance of the sampling point to the nearest point where pollutants are discharged; and

(b) local environmental conditions.

(4) Subject to paragraphs (5) and (6) below, sampling for any parameter shall be carried out at least at the minimum frequency specified in the Schedule to these Regulations in relation to that parameter.

(5) Where the Environment Agency’s records show that the quality of any waters classified under these Regulations is appreciably higher for any parameter than the minimum required by these Regulations, the Agency may reduce the sampling frequency for that parameter or, if there is no pollution and no risk of deterioration of its quality, it may dispense with sampling for that parameter altogether.

(6) Where sampling shows that the requirements of regulation 3 above are not being met, the Environment Agency shall establish whether this is the result of chance, a natural phenomenon or pollution and shall adopt appropriate measures.

(7) Samples for any parameter shall be analysed using the reference methods of analysis specified in the Schedule to these Regulations in relation to that parameter or methods which are at least as reliable as the reference methods.

Derogations

5.  The Agency may derogate from the requirements of these Regulations in the event of exceptional weather or geographical conditions.

Modifications of the Water Resources Act 1991

6.—(1) Section 83 of the Water Resources Act 1991 (water quality objectives) shall have effect—

(a) as if it imposed a duty on the Secretary of State to exercise the powers conferred on him under that section to classify under these Regulations such waters as are appropriate for the purpose of giving effect to Directive 79/923/EEC in relation to waters in or adjacent to England and Wales; and

(b) in relation to the performance of that duty, as if subsections (4) and (5) of that section were omitted.

(2) Section 104(1) of the Water Resources Act 1991 (meaning of “controlled waters”) shall have effect for the purpose of giving effect to Directive 79/923/EEC as if “controlled waters”included all waters which are coastal or brackish waters for the purposes of that Directive.

(3) Section 202(2) of the Water Resources Act 1991 (information in connection with the control of pollution) shall have effect as if it conferred power on the Secretary of State and the Environment Agency to require the furnishing of information reasonably required for the purposes of giving effect to Directive 79/923/EEC.

John Prescott

Secretary of State,

Department of Environment

19th May 1997

Signed by authority of the Secretary of State for Wales

Win Griffiths

Parliamentary Under Secretary of State, Welsh Office

19th May 1997