SCHEDULE 1RIVER BASIN MANAGEMENT PLANNING

Regulation 2(1)

Characterisation of river basin district1

1

The Agencies must in accordance with Annex II to the Directive (characterisation, etc of waters) by 22nd December 2004—

a

carry out an analysis of the characteristics of the Solway Tweed River Basin District; and

b

conduct a review of the impact of human activity on the status of surface water and groundwater in that district.

2

The results of the work required by sub-paragraph (1) must be periodically reviewed and updated by the Agencies, initially by 22nd December 2013 and thereafter by each sixth anniversary of that date.

Economic analysis of water use in river basin district2

1

The Ministers must ensure that an economic analysis of water use in the Solway Tweed River Basin District is carried out by 22nd December 2004 in accordance with Annex III to the Directive (economic analysis).

2

The Ministers must ensure that the analysis required by sub-paragraph (1) is periodically reviewed and updated, initially by 22nd December 2013 and thereafter by each sixth anniversary of that date.

Bodies of water used for the abstraction of drinking water3

1

The Ministers must identify any bodies of water within the Solway Tweed River Basin District which—

a

are used for the abstraction of water intended for human consumption and either—

i

provide more than 10 cubic metres of such water per day as an average; or

ii

serve more than 50 persons; or

b

are intended to be used for the abstraction of water intended for human consumption to the extent referred to in paragraph (a)(i) or (ii).

2

In this paragraph, “water intended for human consumption” has the same meaning as in Council Directive 80/778/EC of 15th July 1980 relating to the quality of water intended for human consumption, as amended9.

Register of protected areas4

1

The Agencies must for the Solway Tweed River Basin District—

a

by 22nd December 2004 prepare, and

b

thereafter keep under review and up to date,

a register of the protected areas lying (whether wholly or partly) within the district.

2

In this paragraph, “protected area” means—

a

a body of water which has been identified under paragraph 3; and

b

the areas and bodies of water for the time being designated or otherwise identified as requiring special protection under any Community instrument providing for the protection of surface water and groundwater or for the conservation of habitats or species directly depending on water, or any enactment implementing such a Community instrument, including, in particular—

i

areas designated for the protection of economically significant aquatic species;

ii

bodies of water designated as recreational waters;

iii

nutrient-sensitive areas; and

iv

areas designated for the protection of habitats or species where the maintenance or improvement of the status of water is an important factor in the protection of the habitats or species.

Monitoring5

1

The Agencies must—

a

establish programmes for monitoring water status in order to establish a coherent and comprehensive overview of water status within the Solway Tweed River Basin District; and

b

take such other action as is necessary to give effect to the relevant monitoring provisions of the Directive.

2

The monitoring programmes must cover—

a

in relation to surface water—

i

the volume and level or rate of flow to the extent relevant to ecological and chemical status and ecological potential; and

ii

ecological and chemical status and ecological potential; and

b

in relation to groundwater, chemical and quantitative status.

3

The monitoring programmes must be made operational by 22nd December 2006.

4

The relevant monitoring provisions of the Directive referred to in sub-paragraph (1) are set out in the following provisions of Annex V to the Directive—

a

points 1.3 to 1.3.6 (monitoring of ecological status, chemical status and ecological potential for surface waters);

b

points 1.4 to 1.4.3 (classification and presentation of ecological status, chemical status and ecological potential);

c

points 2.2 to 2.2.4 (monitoring of groundwater quantitative status);

d

points 2.4 to 2.4.4 (monitoring of groundwater chemical status); and

e

points 2.4.5 and 2.5 (interpretation and presentation of groundwater status).

Environmental objectives and programme of measures6

1

For the purposes of any river basin management plan for the Solway Tweed River Basin District which is required by paragraph 7, the Agencies must by such date as the Ministers may direct prepare and submit to the Ministers proposals for—

a

environmental objectives for the district; and

b

a programme of measures to be applied in order to achieve those objectives.

2

In preparing proposals under sub-paragraph (1), the Agencies must—

a

take account of the characterisation of, and economic analysis of water use in, the district (and any review of the same) carried out under paragraphs 1 and 2; and

b

take such steps as they think fit, or the Ministers may direct, to—

i

provide opportunities for the general public and those persons likely to be interested in or affected by their proposals to participate in discussion and the exchange of information or views in relation to the preparation of those proposals;

ii

publicise their draft proposals to those persons; and

iii

consult those persons in respect of those proposals.

3

The Ministers may, having considered any proposals for environmental objectives or for a programme of measures submitted to them in relation to the Solway Tweed River Basin District and any representations received by them in relation to those proposals—

a

approve the proposals, or any of them, in the form submitted;

b

approve the proposals, or any of them, either with modifications or subject to such modifications as the Ministers may direct the Agencies to make; or

c

reject the proposals, or any of them;

and, in any case falling within paragraph (b) or (c), must state their reasons for doing so.

4

Where the Ministers reject any proposals, they must direct the Agencies to resubmit proposals, by such time, if any, as the direction may specify with—

a

modifications of such nature as the direction may specify; and

b

any further modifications which the Agencies consider appropriate.

5

The Ministers must ensure that—

a

a programme of measures for the Solway Tweed River Basin District is—

i

established by 22nd December 2009;

ii

made operational by 22nd December 2012; and

iii

periodically reviewed and where appropriate updated, initially by 22nd December 2015 and thereafter by each sixth anniversary of that date; and

b

in relation to a programme of measures that is updated under paragraph (a)(iii), any new or revised measures are made operational within three years of that updating.

River basin management plan7

1

The Agencies must by such date as the Ministers may direct prepare and submit to the Ministers a river basin management plan for the Solway Tweed River Basin District.

2

Any river basin management plan for the Solway Tweed River Basin District must—

a

relate to such period as the Ministers direct; and

b

include the information specified in the relevant provisions of the Directive.

3

The relevant provisions of the Directive for the purposes of this paragraph are—

a

Article 9(2) and (4) (recovery of the costs of water services);

b

Annex II, point 1.3(vi) (exclusion of elements from the assessment of ecological status);

c

the following provisions of Annex V—

i

points 1.3 and 1.3.4 (confidence and precision in monitoring surface water);

ii

point 2.4.1 (confidence and precision in monitoring groundwater); and

iii

points 2.4.5 and 2.5 (presentation of monitoring results for groundwater); and

d

Annex VII, Part A (elements to be covered in river basin management plans).

4

The Ministers must ensure that a river basin management plan for the Solway Tweed River Basin District approved under paragraph 10 is—

a

published by 22nd December 2009; and

b

periodically reviewed and where appropriate updated, initially by 22nd December 2015 and thereafter by each sixth anniversary of that date.

River basin management plan: public participation8

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 F1Water Services Regulation Authority ;

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 198610;

c

“harbour” and “harbour authority” have the meanings given by section 57 of the Harbours Act 196411;

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 199412;

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 196613;

f

“local planning authority” has the meaning given by section 1 of the Town and Country Planning Act 199014;

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 196915.

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.

River basin management plan: submission for approval9

1

As soon as any river basin management plan for the Solway Tweed River Basin District is submitted to the Ministers, the Agencies must—

a

make copies of the plan accessible to the public free of charge through their websites and at the relevant offices; and

b

publish a notice—

i

stating the fact of submission; and

ii

specifying the arrangements made for making copies of the plan accessible to the public.

2

The Agencies must ensure that a plan submitted to the Ministers is accompanied by—

a

a statement of the steps taken by the Agencies to comply with paragraph 8(1) and (so far as relating to the draft plan) paragraph 8(2) to (4); and

b

a summary of the representations referred to in paragraph 8(6) and of any changes made to the plan in light of those representations.

3

If the Ministers consider in relation to a plan that further action should be taken by the Agencies under paragraph 8(2) to (4), the Ministers may direct the Agencies—

a

to take such further steps under those provisions as the Ministers may specify in the direction; and

b

to resubmit the plan within such period, if any, as the Ministers may specify in the direction.

4

Where the Ministers give a direction to the Agencies under sub-paragraph (3), they must state their reasons for doing so.

5

This paragraph applies in relation to a river basin management plan resubmitted to the Ministers in accordance with a direction under sub-paragraph (3) as it applies to the plan as originally submitted, with the modification that, for the reference in sub-paragraph (3) to paragraph 8(2) to (4), there is substituted a reference to this paragraph.

River basin management plan: approval10

1

The Ministers may, having considered any river basin management plan for the Solway Tweed River Basin District submitted to them and any representations received by them in relation to that plan—

a

approve it, in whole or in part, in the form submitted;

b

approve it, in whole or in part, either with modifications or subject to such modifications as the Ministers may direct the Agencies to make; or

c

reject it;

and, in any case falling within paragraph (b) or (c), must state their reasons for doing so.

2

Where the Ministers reject a plan, they must direct the Agencies to resubmit the plan, by such time, if any, as the direction may specify, with—

a

modifications of such nature as the direction may specify; and

b

any further modifications which the Agencies consider appropriate.

3

Where the Ministers approve a plan, the Agencies must publish the approved plan in such manner as the Agencies think fit for the purpose of bringing the plan to the attention of the general public and of those persons likely to be interested in or affected by it and, in particular, must—

a

make copies of the approved plan accessible to the public free of charge through the Agencies' websites and at the relevant offices; and

b

publish a notice—

i

stating that the plan has been approved; and

ii

specifying the arrangements made for making copies of the plan accessible to the general public.

River basin management plan: review11

1

The Agencies must review and update the river basin management plan for the Solway Tweed River Basin District (including a revised river basin management plan for the district)—

a

by no later than six years from the date on which it was approved under paragraph 10; or

b

by such earlier date as the Ministers may direct.

2

Following such a review, the Agencies must prepare and submit to the Ministers a revised river basin management plan for the river basin district by such date as the Ministers may direct.

3

Paragraphs 7(2) and (3) and 8 to 10 apply in relation to the preparation, submission and approval of a revised river basin management plan.

4

The revised plan must include the information specified in Part B of Annex VII to the Directive (additional information for inclusion in updated river basin management plans) in addition to the matters required to be included by paragraph 7(2)(b) and (3).

Supplementary plans12

1

The Agencies may prepare supplementary plans for the purposes of supplementing any river basin management plan for the Solway Tweed River Basin District.

2

A plan prepared under sub-paragraph (1) may, for example, relate to—

a

a particular description of body of water;

b

a particular catchment or geographical area;

c

a particular matter relating to, or aspect of, the water environment; or

d

a particular description of user of water resources.

3

The Agencies must, in relation to the preparation of a supplementary plan, consult such of the persons referred to in paragraph 8(4) and such other persons likely to be interested in or affected by that plan as they think fit, and must take into account any views expressed by those consulted.

Duty of the Secretary of State, the Agency and each public body to have regard to the river basin management plan and any supplementary plan13

The Secretary of State, the Agency and each public body must, in exercising their functions so far as affecting the Solway Tweed River Basin District, have regard to—

a

the river basin management plan for that district as approved under paragraph 10; and

b

any supplementary plan prepared under paragraph 12.

Publication of information14

1

The Agencies must make accessible to the public at their principal offices—

a

the results of the work required by paragraph 1 (characterisation of river basin district);

b

maps showing bodies of water identified under paragraph 3 (bodies of water used for the abstraction of drinking water);

c

the register prepared under paragraph 4 (register of protected areas);

d

the results of the programmes established under paragraph 5 (monitoring);

e

the environmental objectives and programme of measures proposed or approved under paragraph 6 (environmental objectives and programme of measures); and

f

any supplementary plan prepared under paragraph 12 (supplementary plans).

2

Where the Ministers approve (with or without modifications) proposals made by the Agencies under paragraph 6(1), the Agencies must publish a notice—

a

stating that the proposals have been approved; and

b

specifying the arrangements made for making the approved objectives and programme of measures accessible to the public.

3

The Ministers must make accessible to the public through their websites and at their principal offices the results of the analysis conducted under paragraph 2 (economic analysis of water use in river basin district).

Provision of information and assistance to the Agency and Secretary of State15

1

A public body must, on being requested to do so by the Agency, provide the Agency with such information in its possession or under its control and such assistance as the Agency may reasonably seek in connection with the exercise of any of the Agency’s functions under these Regulations.

2

Section 202 of the Water Resources Act 1991 (information and assistance in connection with the control of pollution) shall have effect as if functions under these Regulations were functions under the water pollution provisions of that Act.

Directions and guidance to public bodies by the Secretary of State16

1

Sections 40 and 122 of the Environment Act 199516 (directions to the new Agencies) shall have effect as if the power in section 40(2) to give directions included a power—

a

for the Secretary of State to give directions to any public body; and

b

for the Scottish Ministers to give directions to any responsible authority,

for the purposes of giving effect to the Directive.

2

The Secretary of State and the Scottish Ministers may give guidance with respect to the practical implementation of the Directive—

a

to the Agency or to any other public body, in the case of the Secretary of State; and

b

to SEPA or to any responsible authority, in the case of the Scottish Ministers,

and the body or authority to whom guidance is issued shall have regard to it.

SCHEDULE 2RELEVANT FUNCTIONS

Regulation 2(1)

PART 1STATUTES

1

Section 2(2) of the European Communities Act 197217.

2

The Salmon and Freshwater Fisheries Act 197518.

3

Part 2 of the Food and Environment Protection Act 198519 (deposits in the sea).

4

Parts 1, 2 and 2A of the Environmental Protection Act 199020 (integrated pollution control and air pollution control by local authorities; waste on land; contaminated land).

5

Part 4 of the Water Industry Act 199121 (sewerage services).

6

Parts 2 to 5 and 7 to 9 of the Water Resources Act 1991 (water resources management; control of pollution of water resources; flood defence; general control of fisheries; land and works powers; information provisions; miscellaneous and supplemental).

7

The Environment Act 1995.

F37A

The Marine and Coastal Access Act 2009.

PART 2SUBORDINATE INSTRUMENTS

8

The Sludge (Use in Agriculture) Regulations 198922.

9

The Surface Waters (Dangerous Substances) (Classification) Regulations 198923.

10

The Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) Regulations 199124.

11

The Bathing Waters (Classification) Regulations 199125 and the National Rivers Authority (Bathing Waters) Directions 199226.

12

The Surface Waters (Dangerous Substances) (Classification) Regulations 199227.

13

F2The Waste Management Licensing Regulations 199428.

F2The Waste Management Licensing (Scotland) Regulations 2011.

14

The Urban Waste Water Treatment (England and Wales) Regulations 199429.

15

The Protection of Water Against Agricultural Nitrate Pollution (England and Wales) Regulations 199630.

16

The Surface Waters (Abstraction for Drinking Water) (Classification) Regulations 199631 and the Surface Waters (Abstraction for Drinking Water) Directions 199632.

17

The Surface Waters (Fishlife) (Classification) Regulations 199733 and the Surface Waters (Fishlife) Directions 199734.

18

The Surface Waters (Shellfish) (Classification) Regulations 199735 and the Surface Waters (Shellfish) Directions 199736.

19

The Surface Waters (Dangerous Substances) (Classification) Regulations 199737.

20

The Surface Waters (Dangerous Substances) (Classification) Regulations 199838.

21

The Action Programme for Nitrate Vulnerable Zones (England and Wales) Regulations 199839.

22

The Groundwater Regulations 199840.

23

The Pollution Prevention and Control (England and Wales) Regulations 200041.

24

The Landfill (England and Wales) Regulations 200242.

25

The Nitrate Vulnerable Zones (Additional Designations) (England) (No. 2) Regulations 200243.

26

The Bathing Waters (Classification) (England) Regulations 200344.

27

The Urban Waste Water Treatment (England and Wales) (Amendment) Regulations 200345.

F428

The Bathing Water Regulations 2013.

SCHEDULE 3DIRECTIVE DEFINITIONS

Regulation 2(2)

  • “Aquifer” means a subsurface layer or layers of rock or other geological strata of sufficient porosity and permeability to allow either a significant flow of groundwater or the abstraction of significant quantities of groundwater.

  • “Body of groundwater” means a distinct volume of groundwater within an aquifer or aquifers.

  • “Body of surface water” means a discrete and significant element of surface water such as a lake, a reservoir, a stream, river or canal, part of a stream, river or canal, a transitional water or a stretch of coastal water.

  • “Coastal water” means surface water on the landward side of a line, every point of which is at a distance of one nautical mile on the seaward side from the nearest point of the baseline from which the breadth of territorial waters46 is measured, extending where appropriate up to the outer limit of transitional waters.

  • “Ecological status” is an expression of the quality of the structure and functioning of aquatic ecosystems associated with surface waters, classified in accordance with Annex V.

  • “Groundwater” means all water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil.

  • “Groundwater status” is the general expression of the status of a body of groundwater, determined by the poorer of its quantitative status and its chemical status.

  • “Inland water” means all standing and flowing water on the surface of the land, and all groundwater on the landward side of the baseline from which the breadth of territorial waters is measured.

  • “Lake” means a body of standing inland surface water.

  • “Quantitative status” is an expression of the degree to which a body of groundwater is affected by direct and indirect abstractions.

  • “River” means a body of inland water flowing for the most part on the surface of the land but which may flow underground for part of its course.

  • “River basin” means the area of land from which all surface run-off flows through a sequence of streams, rivers and, possibly, lakes into the sea at a single river mouth, estuary or delta.

  • “Surface water” means inland waters, except groundwater; transitional waters and coastal waters except in respect of chemical status for which it shall also include territorial waters.

  • “Transitional waters” are bodies of surface water in the vicinity of river mouths which are partly saline in character as a result of their proximity to coastal waters but which are substantially influenced by freshwater flows.

  • “Water services” means all services which provide, for households, public institutions or any economic activity:

    1. a

      abstraction, impoundment, storage, treatment and distribution of surface water or groundwater,

    2. b

      waste-water collection and treatment facilities which subsequently discharge into surface water.

  • “Water use” means water services together with any other activity identified under Article 5 and Annex II having a significant impact on the status of water.

SCHEDULE 4MODIFICATION OF THE SCOTTISH ACT IN ITS APPLICATION IN RELATION TO THE SOLWAY TWEED RIVER BASIN DISTRICT

Regulation 5(1)

1

Part 1 of the Scottish Act in its application in relation to the Solway Tweed River Basin District is modified as follows.

2

Sections 4 to 15, 17 and 19 (river basin management planning) shall not apply.

3

Section 16 (duty to have regard to river basin management plans and sub-basin plans) shall have effect as if—

a

references to a river basin district, within the meaning of section 28(1) of the Scottish Act, included references to the Solway Tweed River Basin District; and

b

in relation to that district—

i

in paragraph (a), the reference to the river basin management plan, within the meaning of section 28(1) of the Scottish Act, were a reference to the river basin management plan for that district as approved under paragraph 10 of Schedule 1 to these Regulations and any supplementary plan prepared under paragraph 12 of that Schedule; and

ii

paragraphs (b) and (c) were omitted.

4

Section 18(1) and (2) (power to obtain information and documents etc.) shall have effect as if references to SEPA’s functions under Chapter 2 of Part 1 (protection of the water environment) included references to SEPA’s relevant functions and its duty under regulation 4.

5

Sections 20(2)(b) (regulation of controlled activities) and 22(1) (remedial and restoration measures) and paragraph 2(2) of Schedule 2 (regulators to exercise functions with a view to achieving environmental objectives set out in river basin management plans) shall have effect as if references to environmental objectives set out in river basin management plans included references to environmental objectives set out in any river basin management plan for the Solway Tweed River Basin District approved under paragraph 10 of Schedule 1 to these Regulations.

6

Section 26 (annual report on implementation of Directive) shall have effect as if—

a

in paragraph (a), the reference to Part 1 (protection of the water environment) included a reference to that Part as applied by regulation 5; and

b

in paragraph (b), the reference to section 9 (environmental objectives and programmes of measures) included a reference to paragraph 6 of Schedule 1 to these Regulations.

7

Section 27 shall have effect as if the reference to Part 1 (protection of the water environment) included a reference to that Part as applied by regulation 5.