The Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for the purpose of implementing for the Northumbria River Basin District Directive 2000/60/EC of the European Parliament and of the Council of 23rd October 2000 establishing a framework for Community action in the field of water policy (O.J. No. L327, 22.12.2000, p. 1), known as the Water Framework Directive (“the Directive”). The Directive is accessible by using the weblink http://europa.eu.int/eur-lex/en.

The Northumbria River Basin District (“the district”; identified by regulation 3) is partly in England and partly in Scotland because a number of tributaries of the River Tyne extend into Scotland. The Regulations therefore adapt and apply the Water Environment (Water Framework Directive) (England and Wales) Regulations 2003 (S.I. 2003/3242; “the principal Regulations”) and the Water Environment and Water Services (Scotland) Act 2003 (2003 asp 3; “the Scottish Act”) in relation to the district to ensure that the Directive’s requirements are met for the district as a whole. The principal Regulations otherwise apply to river basin districts that are wholly in England, wholly in Wales, or partly in England and partly in Wales; the Scottish Act otherwise applies to river basin districts that are wholly in Scotland.

These Regulations require a new strategic planning process to be established for the purposes of managing, protecting and improving the quality of water resources in the whole district. General responsibility for ensuring that the Directive is given effect in relation to the district is placed on the Secretary of State (regulation 5(2); regulation 3 of the principal Regulations). Related general duties are placed on the Secretary of State, the Scottish Ministers (defined by reference to the Scotland Act 1998 as members of the Scottish Executive), the Environment Agency (“the Agency”) and the Scottish Environment Protection Agency (“SEPA”) (regulations 4 and 6(1); section 2 of the Scottish Act).

The main elements of the principal Regulations are applied in relation to the Northumbria River Basin District (regulation 5(1)). The Agency is therefore required to carry out detailed monitoring and analysis in relation to each river basin district (regulations 5 and 9 of the principal Regulations), and the Secretary of State must ensure that appropriate economic analysis is also carried out (regulation 6 of the principal Regulations). Certain waters used for the abstraction of drinking water must be identified (regulation 7 of the principal Regulations) and a register must be established of those waters and certain other protected areas (regulation 8 of the principal Regulations).

This analytical and preparatory work must then inform the preparation by the Agency of proposals for environmental objectives and a programme of measures in relation to the district (regulation 10 of the principal Regulations). Those objectives will translate the generic environmental objectives set out in the Directive to the particular situation in the district as a whole. The preparation of such proposals must include public involvement, and consultation with the Scottish Ministers, SEPA and other relevant bodies in Scotland (regulation 5; regulation 12 of the principal Regulations). Proposals themselves are subject to approval by the Secretary of State.

The results of the Agency’s technical work, the environmental objectives and proposals for a programme of measures must be brought together in the preparation of a river basin management plan for the district (regulations 11 to 15 of the principal Regulations). The Agency is to prepare a draft plan, after public involvement and consultation with relevant bodies in Scotland (regulation 5; regulations 11 and 12 of the principal Regulations). That plan must contain details of the results of the technical and planning work that will have been done, along with the environmental objectives and programme of measures proposed for the district. The plan is subject to approval by the Secretary of State and must be reviewed periodically (regulations 13 to 15 of the principal Regulations). The Agency may also prepare supplementary plans, which are not subject to approval by the Secretary of State (regulation 16 of the principal Regulations).

The Secretary of State, the Agency and other public bodies in England, and the Scottish Ministers and relevant bodies in Scotland, are required to have regard to the river basin management plan for the district, and to any supplementary plans, in exercising their functions in relation to the district (regulation 6(3) and section 16 of the Scottish Act; regulation 17 of the principal Regulations).

The Regulations also make supplementary provision in respect of the publication of information, the provision of information and assistance and the giving of guidance or directions for the purpose of giving effect to the Directive (regulations 18 to 20 of the principal Regulations), and in relation to the application of Part 1 of the Scottish Act and (with respect to the provision of information) SEPA’s duty under regulation 4 (regulation 6).

A Regulatory Impact Assessment and a Transposition Note have been prepared in connection with these Regulations and the principal Regulations and a copy of each has been placed in the library of each House of Parliament. Copies can also be obtained from the Water Quality Division, Department for Environment, Food and Rural Affairs, Zone 3/H16, Ashdown House, 123 Victoria Street, London SW1E 6DE, or by using the weblink http://defra.gov.uk/environment/water/wfd/index.htm.