The Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004

River basin management plan: public participation

8.—(1) The Agencies must in respect of the production of any river basin management plan for the Solway Tweed River Basin District—

(a) not less than three years before the beginning of the plan period, publish a statement of—

(i) the steps and consultation measures they are to take in connection with the preparation of the plan; and

(ii) the dates by which those steps and measures are to be taken;

(b) not less than two years before the beginning of the plan period, publish a summary of the significant water management matters which they consider arise for consideration in relation to the district; and

(c) not less than one year before the beginning of the plan period, publish a draft plan.

(2) The Agencies must publish any matter required by sub-paragraph (1) to be published in such manner as the Agencies consider appropriate for the purpose of bringing it to the attention of persons likely to be affected by it and must—

(a) make copies of the statement, summary or draft plan accessible to the public free of charge through their websites and at the relevant offices;

(b) publish a notice—

(i) stating the fact of publication;

(ii) specifying the arrangements made for making copies of the statement, summary or draft plan available for public inspection; and

(iii) stating that any person may make representations to them in relation to the statement, summary or draft plan;

(c) consult the persons referred to in sub-paragraph (4);

(d) take such steps as they think fit, or the Ministers may direct, to provide opportunities for the general public and the persons referred to in sub-paragraph (4) to participate in discussion and the exchange of information or views in relation to the preparation of the draft plan; and

(e) invite the public and the persons referred to in sub-paragraph (4) to make representations in relation to the draft plan.

(3) A notice required by sub-paragraph (2)(b) must be published—

(a) in the London Gazette;

(b) in the Edinburgh Gazette; and

(c) at least once in each of two successive weeks, in one or more newspapers circulating in the Solway Tweed River Basin District.

(4) The persons to be consulted are—

(a) the Secretary of State and the Scottish Ministers;

(b) every responsible authority which has functions exercisable in or in relation to any part of the Solway Tweed River Basin District;

(c) the Director General of Water Services;

(d) the appropriate nature conservation bodies;

(e) every local authority any part of whose area is within the Solway Tweed River Basin District;

(f) every local planning authority in England any part of whose area is within the Solway Tweed River Basin District;

(g) every district salmon fishery board any part of whose salmon fishery district is within the Solway Tweed River Basin District;

(h) the River Tweed Commissioners;

(i) in the case of any part of the Solway Tweed River Basin District which has been designated as a National Park, the National Park authority for that National Park;

(j) the harbour authority for each harbour in the Solway Tweed River Basin District;

(k) every navigation authority having functions in relation to any part of the Solway Tweed River Basin District;

(l) every water undertaker or sewerage undertaker any part of whose area is within the Solway Tweed River Basin District;

(m) Scottish Water;

(n) any local fisheries committee for a sea fisheries district any part of which lies within the Solway Tweed River Basin District;

(o) such persons as appear to the Agencies in relation to the Solway Tweed River Basin District—

(i) to be representative of the interests of those carrying on any business which relies upon the water environment;

(ii) to have an interest in the protection of the water environment; or

(iii) to have an interest in the promotion of flood management; and

(p) such other persons as—

(i) the Agencies think fit; or

(ii) the Ministers may direct.

(5) In this paragraph—

(a) “appropriate nature conservation bodies” means the Joint Nature Conservation Committee, English Nature and Scottish Natural Heritage;

(b) “district salmon fishery board” and “salmon fishery district” have the meanings given by section 40(1) of the Salmon Act 1986(1);

(c) “harbour” and “harbour authority” have the meanings given by section 57 of the Harbours Act 1964(2);

(d) “local authority” means, in relation to England, the council of any county, county borough or district and, in relation to Scotland, any council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(3);

(e) “local fisheries committee” and “sea fisheries district” mean a local fisheries committee constituted, and a sea fisheries committee created, by an order under section 1 of the Sea Fisheries Regulation Act 1966(4);

(f) “local planning authority” has the meaning given by section 1 of the Town and Country Planning Act 1990(5);

(g) “navigation authority” means any person who has a duty or power under any enactment to work, maintain, conserve, improve or control any canal or other inland navigation, navigable river, estuary, harbour or dock;

(h) “the plan period”, in relation to a plan, means the period to which a direction under paragraph 7(2)(a) requires it to relate; and

(i) “the River Tweed Commissioners” means the council constituted in accordance with section 6 of the Tweed Fisheries Act 1969(6).

(6) The Agencies must take into account any representations relating to a statement, summary or draft plan published in accordance with sub-paragraph (1) which are received by them within the period of six months beginning with the date of publication or such longer period as the Ministers may direct.

(1)

1986 c. 62.

(2)

1964 c. 40.

(3)

1994 c. 39.

(4)

1966 c. 38.

(5)

1990 c. 8; section 1 was amended by the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28), section 187(1) and Schedule 24 and the Environment Act 1995 (c. 25), sections 78 and 120 and Schedules 10 and 24.

(6)

1969 c. 24.