The Water Environment (Water Framework Directive) (England and Wales) Regulations 2017

PART 1 E+W Introduction

Citation, commencement, extent and application E+W

1.  These Regulations—

(a) may be cited as the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 and come into force on 10th April 2017;

(b) extend to England and Wales;

(c) apply only in relation to river basin districts identified under regulation 4(1).

Interpretation E+W

2.—(1) In these Regulations—

“the 2003 Regulations” means the Water Environment (Water Framework Directive) (England and Wales) Regulations 2003 M1 ;

“the WFD” means Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy M2 ;

“the GWD” means Directive 2006/118/EEC of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration M3 ;

“the EQSD” means Directive 2008/105/EC of the European Parliament and of the Council on environmental quality standards in the field of water policy M4 ;

“the Agency” means the Environment Agency;

“the appropriate agency”, except as provided for by regulation 9(8), means—

(a)

in relation to a river basin district that is wholly in England, the Agency;

(b)

in relation to a river basin district that is wholly in Wales, NRW;

(c)

in relation to a river basin district that is partly in England and partly in Wales, the Agency and NRW acting jointly;

“the appropriate authority”, except as provided for by regulation 9(8), means—

(a)

in relation to a river basin district that is wholly in England, the Secretary of State;

(b)

in relation to a river basin district that is wholly in Wales, the Welsh Ministers;

(c)

in relation to a river basin district that is partly in England and partly in Wales, the Secretary of State and the Welsh Ministers acting jointly;

“artificial or heavily modified water body” means a body of surface water designated as such under regulation 15;

“body of water” means a body of groundwater or a body of surface water;

“drinking water protected area” has the meaning given by regulation 8;

“England” includes the territorial sea adjacent to England not forming any part of Wales;

“environmental objectives”, in relation to a river basin district or body of water, means the objectives set under regulation 12 in accordance with regulation 13;

“NRW” means the Natural Resources Body for Wales;

“programme of measures”, in relation to a river basin district, means the programme of measures established under regulation 12 in accordance with regulation 20;

“protected area” means an area included on a register in accordance with regulation 10;

“public body” does not include a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975 M5 , the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Government, but does include—

(a)

a person otherwise holding an office—

(i)

under the Crown,

(ii)

created or continued in existence by a public general Act of Parliament, or

(iii)

the remuneration in respect of which is paid out of money provided by Parliament;

(b)

a statutory undertaker, being a person who by virtue of section 262 of the Town and Country Planning Act 1990 M6 is, or is deemed to be, a statutory undertaker for any purpose;

“relevant functions” means functions under these Regulations and, so far as material, the enactments listed in Parts 1 and 2 of Schedule 2 (which relate to statutes and subordinate legislation);

“river basin district” means an area identified by regulation 4(1), being the main unit for the management of river basins for the purposes of the WFD and being made up of a river basin or neighbouring river basins, together with associated groundwater, transitional waters and coastal water;

“river basin management plan” means a plan to which Part 6 applies;

“shellfish” means any bivalve or gastropod mollusc;

“shellfish water protected area” has the meaning given by regulation 9;

“status”, in relation to a body of water, is a reference to its surface water status or groundwater status (as the case may be);

“the table of priority substances” means the table in Part A of Annex I to the EQSD;

“Wales” has the meaning given by section 158 of the Government of Wales Act 2006 M7 ;

“water intended for human consumption” has the same meaning as in Council Directive 98/83/EC on the quality of water intended for human consumption M8 .

(2) In these Regulations, where the appropriate agency is required to make copies of a list, statement, summary, draft plan or plan accessible to the public free of charge—

(a) references to doing so through its website mean—

(i) where the Agency is the appropriate agency, through its website;

(ii) where NRW is the appropriate agency, through its website;

(iii) where the Agency and NRW acting jointly are the appropriate agency, through their respective websites;

(b) references to doing so at its principal office mean—

(i) where the Agency is the appropriate agency, at its principal office;

(ii) where NRW is the appropriate agency, at its principal office;

(iii) where the Agency and NRW acting jointly are the appropriate agency, at their principal offices.

(3) Expressions used in both these Regulations and the WFD and which are listed in Schedule 1 have the meaning given in that Schedule.

(4) Expressions used in both these Regulations and the WFD and not otherwise defined in these Regulations have the same meaning for the purposes of these Regulations as they do for the purposes of the WFD.

[F1 (5) For the purposes of these Regulations, references to the WFD, GWD and EQSD, or to a provision of one of them, are to be read in accordance with Schedule 5.]

Textual Amendments

F1 Reg. 2(5) inserted (31.12.2020) by The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 20(2); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M1 S.I. 2003/3242, amended by S.I. 2005/2035, 2010/630, 2011/556, 603, 1043, 2013/755 (W. 90), 2015/1623, 2016/138, 1154.

M2 OJ No L 327, 22.12.2000, p1, as last amended by Commission Directive 2014/101/EU (OJ No L 311, 31.10.2014, p32).

M3 OJ No L 372, 27.12.2006, p19, as last amended by Commission Directive 2014/80/EU (OJ No L 182, 21.6.2014, p52).

M4 OJ No L 348, 24.12.2008, p84, as last amended by Directive 2013/39/EU (OJ No L 226, 24.8.2013, p1).

M5 1975 c. 26.

M6 1990 c. 8; section 262 was amended by section 84 of, and Part 2 of Schedule 19 to, the Planning and Compensation Act 1991 (c. 34), section 76(7) of the Utilities Act 2000 (c. 27), section 37 of, and Schedule 5 to, the Transport Act 2000 (c. 38) and by S.I. 2001/1149 and 2013/755 (W. 90).

M7 2006 c. 32; there are amendments to section 158 not relevant to these Regulations.

M8 OJ No L 330, 5.12.1998, p32, as last amended by Commission Directive (EU) 2015/1787 (OJ No L 260, 7.10.2015, p6).

Duties on ministers and regulators E+W

3.—(1) The Secretary of State, the Welsh Ministers, the Agency and NRW must exercise their relevant functions so as to secure compliance with the requirements of the WFD, the EQSD and the GWD.

(2) Without prejudice to the generality of paragraph (1), the Secretary of State, the Welsh Ministers, the Agency and NRW must determine an authorisation so as, in particular—

(a) to prevent deterioration of the surface water status or groundwater status of a body of water (subject to the application of regulations 18 and 19), and

(b) otherwise to support the achievement of the environmental objectives set for a body of water (subject to the application of regulations 16 to 19).

(3) In paragraph (2), “determine an authorisation” means decide whether to grant, vary or revoke, or impose conditions (and if so which conditions) on—

(a) an environmental permit under the Environmental Permitting (England and Wales) Regulations 2016 M9 ;

(b) a licence for an abstraction or impoundment under Chapter 2 of Part 2 of the Water Resources Act 1991 M10 .

(4) The Secretary of State, the Welsh Ministers, the Agency and NRW must exercise their relevant functions in relation to each river basin district so as best to secure that the requirements of the WFD, the EQSD and the GWD for the achievement of the environmental objectives, and in particular programmes of measures, are coordinated for the whole of that district.

Marginal Citations

M9 S.I. 2016/1154.

M10 1991 c. 57.

PART 2 E+W River basin districts and water bodies

Map of river basin districts E+W

4.—(1) The areas shown on the official map are identified as river basin districts for the purposes of these Regulations.

(2) In this regulation, “the official map” means the map of river basin districts produced by the Agency and published on its website.

(3) NRW must ensure that the official map is published on its website.

(4) The Agency and NRW must ensure that the official map is made available to the public at their principal offices.

Characterisation of river basin districts E+W

5.—(1) The appropriate agency must undertake and periodically review and (where appropriate) update, in accordance with Annex II to the WFD (characterisation of waters)—

(a) an analysis of the characteristics of each river basin district, and

(b) a review of the impact of human activity on the status of surface water and groundwater in each river basin district.

(2) A review and any update must be done—

(a) by 22nd December 2019, and

(b) subsequently, by 22nd December of the sixth year following that date and of each sixth year following that.

(3) In relation to a review of the characteristics of each river basin district under paragraph (1)(a), the appropriate agency must include in the relevant river basin management plan an explanation of the approach taken to the use of System A or B in paragraph 1.1 and 1.2 to 1.2.4 (characterisation of surface water body types) of Annex II to the WFD.

Classification of water bodies E+W

6.  The appropriate agency must classify the status of bodies of water in accordance with Annex V to the WFD and such directions as the appropriate authority may give to the appropriate agency.

Economic analysis of water use in river basin districts E+W

7.—(1) The appropriate authority must undertake and periodically review and (where appropriate) update, in accordance with Annex III to the WFD (economic analysis), an economic analysis of water use in each river basin district.

(2) A review and any update must be done—

(a) by 22nd December 2019, and

(b) subsequently, by 22nd December of the sixth year following that date and of each sixth year following that.

PART 3 E+W Protected areas

Bodies of water used for the abstraction of drinking water E+W

8.—(1) The appropriate agency must identify any body of water (a “drinking water protected area”) within each river basin district which—

(a) is used for the abstraction of water intended for human consumption and—

(i) provides more than 10 cubic metres of such water per day as an average, or

(ii) serves more than 50 persons; or

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

(2) For each drinking water protected area, the programme of measures for the river basin district within which it is located must include measures with the aim of avoiding deterioration in the quality of the water in that area, in order to reduce the level of purification treatment required in the production of drinking water abstracted from it.

Designation of shellfish waters E+W

9.—(1) The appropriate authority may designate any area of coastal or transitional water within a river basin district as a shellfish water protected area by including it in the relevant list.

(2) But an area may not be included in the relevant list unless the appropriate authority considers that to do so is necessary or desirable in order to protect or develop economically significant shellfish production.

(3) In relation to a shellfish water protected area which is wholly in England, the relevant list is the list entitled “Shellfish Waters (England) 2016” and dated 3rd March 2016.

(4) In relation to a shellfish water protected area which is wholly in Wales, the relevant list is the list entitled “Shellfish Waters (Wales) 2016” and dated 8th February 2016.

(5) The appropriate authority must periodically review and (where appropriate) revise designations made under paragraph (1).

(6) A review and any revision must be done—

(a) by 22nd December 2021, and

(b) subsequently, by 22nd December of the sixth year following that date and of each sixth year following that.

(7) The appropriate agency must ensure that the relevant list is—

(a) published on its website, and

(b) made available to the public at its principal offices.

(8) In this regulation—

“appropriate agency” means—

(a)

in relation to a shellfish water protected area that is wholly in England, the Agency;

(b)

in relation to a shellfish water protected area that is wholly in Wales, NRW;

“appropriate authority” means—

(a)

in relation to a shellfish water protected area or proposed area that is wholly in England, the Secretary of State;

(b)

in relation to a shellfish water protected area or proposed area that is wholly in Wales, the Welsh Ministers.

Register of protected areas E+W

10.—(1) The appropriate agency must, for each river basin district, maintain, review and keep up to date a register of the protected areas lying (whether wholly or partly) within the district.

(2) The register must include the following protected areas—

(a) a drinking water protected area;

(b) an area or body of water for the time being designated or otherwise identified as requiring special protection under [F2 retained EU law] providing for the protection of surface water and groundwater or for the conservation of habitats or species directly depending on water F3 ..., including, in particular—

(i) areas designated for the protection of economically significant aquatic species (including shellfish water protected areas);

(ii) bodies of water designated as recreational waters;

(iii) nutrient-sensitive areas;

(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.

Textual Amendments

F2 Words in reg. 10(2)(b) substituted (31.12.2020) by The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 20(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in reg. 10(2)(b) omitted (31.12.2020) by virtue of The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 20(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

PART 4 E+W Monitoring

Monitoring programmes E+W

11.—(1) The appropriate agency must establish and keep under review programmes for monitoring water status in order to establish a coherent and comprehensive overview of water status within each river basin district.

(2) In relation to surface water, the monitoring programme must cover—

(a) the volume and level or rate of flow to the extent relevant to ecological and chemical status and ecological potential, and

(b) ecological and chemical status and ecological potential.

(3) In relation to groundwater, the monitoring programme must cover chemical and quantitative status.

(4) In relation to protected areas, the monitoring programme must—

(a) cover any supplementary monitoring required by [F4 retained EU law] under which the area is protected;

(b) provide for the monitoring of each drinking water protected area which provides on average more than 100m³ per day of drinking water intended for human consumption;

(c) for each shellfish water protected area, enable a reliable assessment to be made of whether the objectives in regulation 13(4) have been or will be achieved.

(5) The monitoring programme must comply with the following provisions of Annex V to the WFD—

(a) points 1.3 to 1.3.4 and 1.3.6 (monitoring of ecological status, chemical status and ecological potential for surface waters);

(b) point 1.3.5 (monitoring of drinking water abstraction points and habitats and species protection areas);

(c) points [F5 1.4.1 (excluding points (iv) to (ix)), 1.4.2 and 1.4.3] (classification and presentation of ecological status, chemical status and ecological potential);

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

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

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

[F6 (5A) A requirement in any of the provisions of Annex 5 listed in paragraph (5) to provide a map is to be read (where this is not otherwise specified) as a requirement to include the map in the relevant river basin management plan.]

(6) By 22nd December 2018, the appropriate agency must establish, for each river basin district, a monitoring programme in respect of substances 34 to 45 in the table of priority substances.

Textual Amendments

F4 Words in reg. 11(4)(a) substituted (31.12.2020) by The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 20(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in reg. 11(5)(c) substituted (31.12.2020) by The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 20(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

F6 Reg. 11(5A) inserted (31.12.2020) by The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 20(4)(c); 2020 c. 1, Sch. 5 para. 1(1)

PART 5 E+W Environmental objectives and programmes of measures

Procedure for setting environmental objectives and programmes of measures E+W

12.  �??

(1) The appropriate agency must, by such date as the appropriate authority may direct, prepare and submit to the authority proposals for�??

(a) environmental objectives for each river basin district, in accordance with regulation 13, and

(b) a programme of measures to be applied in order to achieve those objectives, in accordance with regulation 20.

(2) In preparing proposals under paragraph (1), the appropriate agency must�??

(a) take account of the characterisation of, and economic analysis of water use in, the relevant river basin district carried out or updated under regulations 5 and 7, and

(b) take such steps as the appropriate agency thinks fit, or the appropriate authority may direct, to�??

(i) provide opportunities for the general public and those persons likely to be interested in or affected by the appropriate agency's proposals to participate in discussion and the exchange of information or views in relation to the preparation of those proposals,

(ii) publicise the appropriate agency's draft proposals to those persons, and

(iii) consult those persons in respect of those proposals.

(3) The appropriate authority may, having considered any proposals for environmental objectives or for a programme of measures submitted to it and any representations received by the authority in relation to those proposals�??

(a) approve them, or any of them, in the form submitted,

(b) approve them, or any of them, either with modifications or subject to such modifications as the authority may direct the appropriate agency to make, or

(c) reject them, or any of them.

(4) In any case falling within paragraph (3)(b) or (c), the appropriate authority must state its reasons.

(5) Where the appropriate authority rejects any proposals, it must direct the appropriate agency to resubmit proposals by such time as the direction may specify with�??

(a) modifications of such nature as the direction may specify, and

(b) any further modifications which the appropriate agency considers appropriate.

(6) The appropriate authority must ensure that, for each river basin district, the environmental objectives and programme of measures are periodically reviewed and, where appropriate, updated�??

(a) by 22nd December 2021, and

(b) subsequently, by 22nd December of the sixth year following that date and of each sixth year following that.

(7) Where a programme of measures is updated under paragraph (6), any new or revised measures must be made operational within three years of that updating.

The environmental objectives E+W

13.—(1) The environmental objectives referred to in regulation 12 are, subject to regulations 14 to 19, the following objectives for the relevant type of water body or area.

(2) For surface water bodies, the objectives are to—

(a) prevent deterioration of the status of each body of surface water;

(b) protect, enhance and restore each body of surface water (other than an artificial or heavily modified water body) with the aim of achieving good ecological status and (subject to paragraph (3)) good surface water chemical status, if not already achieved, by 22nd December 2021;

(c) protect and enhance each artificial or heavily modified water body with the aim of achieving good ecological potential and (subject to paragraph (3)) good surface water chemical status, if not already achieved, by 22nd December 2021;

(d) aim progressively to reduce pollution from priority substances and aim to cease or phase out emissions, discharges and losses of priority hazardous substances.

(3) The objectives in paragraph (2)(b) and (c) are to be read as though they referred to achieving good surface water chemical status—

(a) in relation to substances 2, 5, 15, 20, 22, 23 and 28 in the table of priority substances, by 22nd December 2021;

(b) in relation to substances 34 to 45 in the table of priority substances, by 22nd December 2027.

(4) For shellfish water protected areas, in addition to the objectives under paragraph (2) for the surface water bodies in which they are located, the objectives are such objectives as are necessary or desirable to improve or protect the shellfish water protected area in order to support shellfish life and growth and to contribute to the high quality of shellfish products suitable for human consumption as the appropriate authority may direct.

(5) For groundwater bodies, the objectives are to—

(a) prevent deterioration of the status of each body of groundwater;

(b) prevent or limit the input of pollutants into groundwater;

(c) protect, enhance and restore each body of groundwater, and ensure a balance between abstraction and recharge of groundwater, with the aim of achieving good groundwater chemical status and good groundwater quantitative status, if not already achieved, by 22nd December 2021;

(d) reverse any significant and sustained upward trend in the concentration of any pollutant resulting from the impact of human activity in order to progressively reduce pollution of groundwater.

(6) For each protected area, other than a shellfish water protected area, the objective is to achieve compliance with any standards and objectives required by or under [F7 the retained EU law] under which the area or body is protected—

(a) by 22nd December 2021, if not already achieved, or

(b) if different, by any date for compliance set in [F8 the relevant retained EU law].

(7) Where two or more objectives set under this regulation apply to the same body of water, or the same part of a body of water, the most stringent objective applies.

Textual Amendments

F7 Words in reg. 13(6) substituted (31.12.2020) by The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 20(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in reg. 13(6) substituted (31.12.2020) by The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 20(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

Environmental objectives: application of regulations 15 to 19 E+W

14.  Regulations 15 to 19 must be applied in a way that—

(a) does not permanently exclude or compromise the achievement of the environmental objectives set in relation to any other water body within the same river basin district;

(b) is not inconsistent with [F9 any other retained EU law];

(c) guarantees at least the same level of protection for bodies of water as the EU instruments repealed by Article 22 of the WFD.

Textual Amendments

F9 Words in reg. 14(b) substituted (31.12.2020) by The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 20(6); 2020 c. 1, Sch. 5 para. 1(1)

Artificial or heavily modified water bodies E+W

15.  �??

(1) The appropriate agency may designate a body of surface water as artificial or heavily modified if it considers that�??

(a) the changes to the hydromorphological characteristics of that body which would be necessary for achieving good ecological status would have significant adverse effects on�??

(i) the wider environment,

(ii) navigation, including port facilities, or recreation,

(iii) activities for the purposes of which water is stored, such as drinking water supply, power generation or irrigation,

(iv) water regulation, flood protection, land drainage, or

(v) other sustainable human development activities which the appropriate agency considers are of equal importance to the matters in paragraphs (i) to (iv), and

(b) the beneficial objectives served by the artificial or modified characteristics of the water body cannot, for reasons of technical feasibility or disproportionate cost, reasonably be achieved by other means which are a significantly better environmental option.

(2) Designations under this regulation, and an explanation for them, must be included in the relevant river basin management plan, and reviewed (and where necessary revised) when that plan is updated under Part 6.

Extended deadlines for environmental objectives E+W

16.  �??

(1) The deadline by which an environmental objective referred to in regulation 13(2)(b) or (c), (5)(c) or (6) must be achieved may be extended for the purposes of the phased achievement of the environmental objectives for a body of water if the conditions in paragraphs (2) and (3) are or will be met.

(2) The condition is that no further deterioration occurs in the status of the affected body of water.

(3) The condition is that all the necessary improvements in the status of the body of water cannot reasonably be achieved within the timescales set out in the provisions of regulation 13 mentioned in paragraph (1) for one or more of the following reasons�??

(a) the scale of improvements required can only be achieved in phases exceeding the timescale for reasons of technical feasibility;

(b) completing the improvements within the timescale would be disproportionately expensive;

(c) natural conditions do not allow timely improvement in the status of the body of water.

(4) Subject to paragraph (5), a deadline must not be extended beyond 22nd December 2027, except in cases where the natural conditions are such that the environmental objectives cannot be achieved by that date.

(5) Paragraph (4) does not apply to the deadline specified in regulation 13(2) for an objective of aiming to achieve good surface water chemical status�??

(a) in relation to substances 2, 5, 15, 20, 22, 23 and 28 in the table of priority substances, which may be extended until 22nd December 2033;

(b) in relation to substances 34 to 45 in the table of priority substances, which may be extended until 22nd December 2039.

(6) Where a deadline is extended under paragraph (1), the relevant river basin management plan must set out�??

(a) the extended deadline and the reasons for it,

(b) a summary of the measures to be applied to achieve the environmental objectives set pursuant to regulation 12 which are envisaged as necessary to bring the body of water progressively to the required status by the extended deadline, and

(c) the reasons for any significant delay in making these measures operational and the expected timetable for their implementation.

(7) Following an extension under paragraph (1), the next update of the relevant river basin management plan must include a review of the implementation of the measures referred to in paragraph (6)(b) and a summary of any additional measures necessary for the purpose set out in that paragraph.

Setting less stringent environmental objectives E+W

17.  �??

(1) Less stringent environmental objectives than those required by regulation 13(2)(b) or (c), (4), (5)(c) or (6) may be set for a specific body of water where�??

(a) that body of water is so affected by human activity or its natural condition is such that the achievement of the environmental objectives set would be infeasible or disproportionately expensive, and

(b) all the conditions in paragraphs (2) to (5) are or will be met.

(2) The condition is that the environmental and socio-economic needs served by such human activity cannot be achieved by other means which are a significantly better environmental option not entailing disproportionate costs.

(3) The condition is that where the body of water is a body of surface water, the highest ecological and chemical status possible is achieved, given impacts that could not reasonably have been avoided due to the nature of the human activity or pollution.

(4) The condition is that where the body of water is a body of groundwater, the least possible changes to good groundwater status occur, given impacts that could not reasonably have been avoided due to the nature of the human activity or pollution.

(5) The condition is that no further deterioration occurs in the status of the affected body of water.

(6) Where a less stringent environmental objective is set under paragraph (1)�??

(a) that objective, and the reasons for it, must be set out in the relevant river basin management plan;

(b) the review of that objective in accordance with regulation 12(6) must include consideration of whether a less stringent objective should continue to be set.

Natural causes or force majeure E+W

18.  �??

(1) A temporary deterioration in the status of a body of water is not a breach of the environmental objectives set for it under regulation 12 if�??

(a) it is the result of�??

(i) circumstances of natural cause or force majeure which are exceptional or could not reasonably have been foreseen, in particular extreme floods or prolonged droughts, or

(ii) circumstances due to accidents which could not reasonably have been foreseen, and

(b) all the conditions in paragraphs (2) to (4) are or will be met.

(2) The condition is that all practicable steps are taken�??

(a) to prevent further deterioration in the status of the affected body of water, and

(b) so as not to compromise the achievement of the environmental objectives for any body of water not affected by the circumstances mentioned in paragraph (1)(a).

(3) The condition is that the river basin management plan sets out the conditions under which circumstances are exceptional or could not reasonably have been foreseen including the adoption of the appropriate indicators.

(4) The condition is that the measures to be taken under such exceptional circumstances are included in the programme of measures to be applied to the body of water and will not compromise the recovery of the quality of that body of water once the circumstances are over.

(5) Where paragraph (1) applies, the effects of the circumstances mentioned in paragraph (1)(a) must be reviewed annually and, subject to regulation 16, all practicable measures must be taken with the aim of restoring the body of water as soon as reasonably practicable to its status prior to the effects of the circumstances.

(6) The next update of the relevant river basin management plan must include a summary of the effects of the circumstances referred to in paragraph (1)(a), and of the measures taken or to be taken.

Modifications to physical characteristics of water bodies E+W

19.  �??

(1) A failure to achieve good groundwater status, good ecological status or (where relevant) good ecological potential, or to prevent deterioration in the status of a body of surface water or groundwater, is not a breach of the environmental objectives set for it under regulation 12 if�??

(a) the failure is the result of new modifications to the physical characteristics of the body of surface water or alterations to the level of the body of groundwater, and

(b) all the conditions in paragraphs (3) to (5) are or will be met.

(2) A failure to prevent deterioration from high status to good status of a body of surface water is not a breach of the environmental objectives set for it under regulation 12 if�??

(a) the failure is the result of new sustainable development activities, and

(b) all the conditions in paragraphs (3) to (5) are or will be met.

(3) The condition is that all practicable steps are taken to mitigate the adverse impact on the status of the body of water.

(4) The condition is that one or both of the following is the case�??

(a) the reasons for the modifications or alterations, or for the sustainable development activities, are of overriding public interest;

(b) the benefits to the environment and to society of achieving the environmental objectives are outweighed by the benefits of the new modifications or alterations, or of the sustainable development activities, to human health, to the maintenance of human safety, or (in the case of modifications or alterations) to sustainable development.

(5) The condition is that the beneficial objectives served by the modifications or alterations, or by the sustainable development activities, cannot, for reasons of technical feasibility or disproportionate cost, be achieved by other means which are a significantly better option.

(6) Where paragraph (1) or (2) applies, the reasons for the modifications or alterations, or for the sustainable development activities, must be set out and explained in the river basin management plan, and the environmental objectives must be reviewed every six years.

Content of programmes of measures E+W

20.—(1) Each programme of measures proposed and approved under regulation 12 must include basic measures and, where necessary, supplementary measures (see paragraph (4)).

(2) The basic measures must comply with Article 11.3 of the WFD and must, in particular, include the following—

F10 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) measures in accordance with regulation 21(1) (charges for water services);

(c) measures to promote an efficient and sustainable water use to avoid compromising the achievement of the environmental objectives;

(d) the measures required by regulation 8(2) (drinking water protected areas);

(e) measures to control the abstraction of fresh surface water and groundwater, and the impoundment of fresh surface water, including a register of water abstractions and a requirement for prior authorisation for abstraction and impoundment;

(f) measures to control the artificial recharge or augmentation of groundwater bodies, including a requirement for prior authorisation;

(g) for point source discharges liable to cause pollution, a requirement for prior regulation or prior authorisation which sets emission controls for the pollutants concerned;

(h) for diffuse sources liable to cause pollution, measures to prevent or control the input of pollutants;

(i) measures to address any other significant adverse impacts on the status of water, including in particular measures to ensure that the hydromorphological conditions of each body of surface water are consistent with the achievement of the required ecological status (or good ecological potential for artificial or heavily modified water bodies);

(j) a prohibition of direct discharges of pollutants into groundwater, except for the following discharges which may be authorised—

(i) injection of water containing substances resulting from operations for exploration and extraction of hydrocarbons or mining activities, and injection of water for technical reasons, into geological formations—

(aa) from which hydrocarbons or other substances have been extracted, or

(bb) which for natural reasons are permanently unsuitable for other purposes;

(ii) reinjection of pumped groundwater from mines and quarries or associated with the construction or maintenance of civil engineering works;

(iii) injection of natural gas or liquefied petroleum gas for storage purposes into—

(aa) geological formations which for natural reasons are permanently unsuitable for other purposes;

(bb) geological formations where there is an overriding need for security of gas supply, and where the injection is such as to prevent any present or future danger of deterioration in the quality of any receiving groundwater;

(iv) injection of carbon dioxide streams for storage purposes into geological formations which for natural reasons are permanently unsuitable for other purposes, provided that such injection is—

(aa) made in accordance with [F11 Chapter 3 of Part 1 of the Energy Act 2008 and other retained EU law which transposed Directive 2009/31/EC on the geological storage of carbon dioxide], or

F12 (bb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(v) construction, civil engineering and building works and similar activities on or in the ground which come into contact with groundwater;

(vi) discharges of small quantities of substances for scientific purposes for characterisation, protection or remediation of a body of water limited to the amount strictly necessary for the purposes concerned;

(k) measures to eliminate pollution of surface waters by priority substances and to progressively reduce pollution by other substances which would otherwise prevent the achievement of the environmental objectives for bodies of surface water;

(l) measures required to—

(i) prevent significant losses of pollutants from technical installations;

(ii) prevent or reduce the impact of accidental pollution incidents, such as from floods.

(3) The measures required by paragraph (2)(l) may include—

(a) systems to detect or give warning of events which may lead to accidental pollution;

(b) appropriate measures to reduce the risk to aquatic ecosystems from accidents which cannot reasonably be foreseen.

(4) Where necessary, each programme of measures must include any other supplementary measures designed and implemented with the aim of achieving the environmental objectives set under regulation 12.

Textual Amendments

F10 Reg. 20(2)(a) omitted (31.12.2020) by virtue of The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 20(7)(a); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in reg. 20(2)(j)(iv)(aa) substituted (31.12.2020) by The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 20(7)(b); 2020 c. 1, Sch. 5 para. 1(1)

F12 Reg. 20(2)(j)(iv)(bb) omitted (31.12.2020) by virtue of The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 20(7)(c); 2020 c. 1, Sch. 5 para. 1(1)

Charges for water services E+W

21.  �??

(1) The appropriate authority must ensure�??

(a) that water pricing policies provide adequate incentives to use water resources efficiently, and

(b) an adequate contribution by industry, households and agriculture, and such other sectors as the appropriate authority considers appropriate, to the recovery of the costs of water services, based on the economic analysis conducted under regulation 7.

(2) In complying with paragraph (1), the appropriate authority�??

(a) must take account of environmental and resource costs and the polluter pays principle;

(b) may have regard to the social, environmental and economic effects of the cost recovery and the geographical and climatic conditions of the region or regions affected.

(3) The appropriate authority may, in accordance with established practices, disapply paragraph (1) in relation to a particular water use activity, provided the authority considers that this does not otherwise compromise the purposes and achievement of the objectives of the WFD.

Further programmes of measures in relation to certain priority substances E+W

22.  �??

(1) The appropriate agency must, by 22nd December 2018, establish a preliminary programme of measures for each river basin district in relation to substances 34 to 45 in the table of priority substances.

(2) For the purposes of a programme of measures to be updated by 22nd December 2021 under regulation 12(6)(a), the appropriate agency must, by such date as the appropriate authority directs, prepare and submit to the appropriate authority proposals for a final programme of measures for the purposes of aiming to achieve good surface water chemical status in relation to substances 34 to 45 in the table of priority substances by 22nd December 2027 and preventing deterioration in the chemical status of each body of surface water in relation to those substances.

(3) Regulation 12(2) applies to the preparation by the appropriate agency of its proposals under paragraph (2) as it does to the preparation of proposals under regulation 12(1).

(4) Without prejudice to the existing obligations, the appropriate authority must ensure that, for each river basin district, the programme of measures updated under regulation 12(6)(a) by 22nd December 2021 contains measures for the purposes of aiming to achieve good surface water chemical status in relation to substances 34 to 45 in the table of priority substances by 22nd December 2027 and preventing deterioration in the chemical status of each body of surface water in relation to those substances.

(5) Regulation 12(3) to (5) applies in relation to proposals for a programme of measures submitted to the appropriate authority under paragraph (2) as it does to proposals submitted under regulation 12(1).

(6) The appropriate authority must ensure that the measures referred to in paragraph (4) are made operational as soon as possible after 22nd December 2021, and at the latest by 22nd December 2024.

(7) In paragraph (4), �??existing obligations�?� means the obligations (on environmental quality standards in the field of water policy) under the EQSD (�??the original Directive�?�) before it was amended by Directive 2013/39/EU of the European Parliament and of the Council as regards priority substances in the field of water policy M11 including, in particular, the achievement of good surface water chemical status in relation to the substances and the associated environmental quality standards listed in the original Directive.

Marginal Citations

M11 OJ No L 226, 24.8.2013, p1.

Action in relation to plant protection and biocidal products E+W

F13 23.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 Reg. 23 omitted (31.12.2020) by virtue of The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 20(8); 2020 c. 1, Sch. 5 para. 1(1)

Implementation of programmes of measures E+W

24.  �??

(1) The appropriate authority or, in the exercise of its relevant functions, the appropriate agency must ensure that the implementation of measures required under regulations 20 and 22 does not lead�??

(a) to increased pollution of marine waters;

(b) directly or indirectly to increased pollution of surface waters.

(2) Paragraph (1) does not apply to the extent that compliance with it would result in increased pollution of the environment as a whole.

Action where environmental objectives are unlikely to be achieved E+W

25.  Where monitoring or other data indicate that the environmental objectives set for a body of water under regulation 12 are unlikely to be achieved, the appropriate agency or, where relevant, the appropriate authority must ensure that�??

(a) the causes of the possible failure are investigated,

(b) relevant permits and authorisations are examined and reviewed as appropriate,

(c) the monitoring programmes under regulation 11 are reviewed and adjusted as appropriate, and

(d) such additional measures as may be necessary to achieve those objectives (subject to the application of regulations 15 to 19) are included in the programme of measures applying to that body of water.

PART 6 E+W River basin management plans

Application of this Part E+W

26.  This Part applies in relation to ——

(a) the most recent version of each river basin management plan prepared and updated under the 2003 Regulations, and

(b) any subsequent version of such a plan updated under this Part.

River basin management plans: content E+W

27.—(1) A river basin management plan must—

(a) relate to such period as the appropriate authority may direct;

(b) include the information required by the relevant provisions of the WFD, the GWD and the EQSD specified in paragraphs (2) to (4);

(c) in relation to any shellfish water protected area, include the information required by paragraph (2)(d) in relation to protected areas.

(2) The relevant provisions of the WFD are—

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

(b) Annex II, section 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);

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

(d) Annex VII, Parts A and B (elements to be covered in river basin management plans).

(3) The relevant provisions of the GWD are—

(a) Article 3(5) and (6) (the threshold values and revisions to them);

(b) Article 4(4) (summary of assessment of groundwater chemical status);

(c) Article 5(4) and (5) (trend assessment and starting points);

(d) Annex II Part C (how groundwater threshold values have been set);

(e) Annex III, point 5 (maps showing exceedances).

(4) The relevant provisions of the EQSD are—

(a) Article 3(5) (information about monitoring and analysis, including alternative matrices);

(b) Article 4(2) (information relating to mixing zones);

(c) Article 5(4) (updated inventories).

Review of river basin management plans E+W

28.  The appropriate agency must, by such date as the appropriate authority directs—

(a) review and update each river basin management plan, and

(b) submit each updated plan to the appropriate authority.

River basin management plans: public participation E+W

29.—(1) The appropriate agency must—

(a) not less than three years before the relevant date, publish a statement of—

(i) the steps and consultation measures the appropriate agency is to take in connection with the preparation of the updated plan, and

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

(b) not less than two years before the relevant date, publish a summary of the significant water management matters which the appropriate agency considers arise for consideration in relation to the river basin district;

(c) not less than one year before the relevant date, publish a draft of the updated plan.

(2) The appropriate agency must carry out the publication required by paragraph (1) in such manner as the appropriate agency considers appropriate for the purpose of bringing it to the attention of persons likely to be affected, and must—

(a) make copies of the statement, summary or draft updated plan accessible to the public free of charge through its website and at its principal office;

(b) publish a notice—

(i) stating the fact of publication,

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

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

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

(d) take such steps as the appropriate agency thinks fit, or the appropriate authority may direct, to provide opportunities for the general public and the persons referred to in paragraph (4) to participate in discussion and the exchange of information or views in relation to the preparation of the draft updated plan;

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

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

(a) in the London Gazette, and

(b) at least once in each of two successive weeks, in one or more newspapers circulating in the river basin district to which the updated plan relates.

(4) The persons to be consulted are—

(a) the appropriate authority;

(b) the Water Services Regulation Authority;

(c) the appropriate nature conservation bodies;

(d) every local authority any part of whose area is within the river basin district;

(e) every local planning authority any part of whose area is within the river basin district;

(f) where any part of the river basin district has been designated as a National Park, the National Park authority for that National Park;

(g) where any part of the river basin district contains a shellfish water protected area, the Food Standards Agency;

(h) the harbour authority for each harbour in the river basin district;

(i) every navigation authority having functions in relation to any part of the river basin district;

(j) every water undertaker or sewerage undertaker any part of whose area is within the river basin district;

(k) any inshore fisheries and conservation authority for an inshore fisheries and conservation district any part of which lies within the river basin district;

(l) such persons as appear to the appropriate agency, in relation to the 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;

(m) such other persons as—

(i) the appropriate agency thinks fit;

(ii) the appropriate authority may direct.

(5) In this regulation—

(a) “appropriate nature conservation bodies” means the Joint Nature Conservation Committee, and—

(i) in relation to a river basin district that is wholly in England, Natural England;

(ii) in relation to a river basin district that is partly in England and partly in Wales, Natural England in relation to the part in England;

(b) “harbour” and “harbour authority” have the meanings given by section 57 of the Harbours Act 1964 M12 ;

(c) “inshore fisheries and conservation authority” means the inshore fisheries and conservation authority for an inshore fisheries and conservation district;

(d) “inshore fisheries and conservation district” means an inshore fisheries and conservation district established by an order under section 149(1) of the Marine and Coastal Access Act 2009 M13 ;

(e) “local authority” means the council of any county, county borough, district or London borough, the Common Council of the City of London or the Greater London Authority;

(f) “local planning authority” has the meaning given by section 1 of the Town and Country Planning Act 1990 M14 ;

(g) “navigation authority” has the meaning given by section 221(1) of the Water Resources Act 1991 M15 ;

(h) “the relevant date”, in relation to a plan, means—

(i) if a period of time has been directed under regulation 27(1)(a), the date on which that period begins, or

(ii) otherwise, the date by which the appropriate authority is next required under regulation 31(5) to publish an updated plan.

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

Marginal Citations

M12 1964 c. 40; section 57 was amended by paragraph 33 of Schedule 12 to the Merchant Shipping Act 1995 (c. 21); there are other amendments not relevant to these Regulations.

M13 2009 c. 23.

M14 1990 c. 8; section 1 was amended paragraph 28 of Schedule 21 to the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28), section 18 of, and paragraph 1 of Schedule 18 to, the Local Government (Wales) Act 1994 (c. 19), paragraph 32(1) of Schedule 10 and paragraph 1 of Schedule 24 to the Environment Act 1995 (c. 25) and section 31(1) of the Greater London Authority Act 2007 (c. 24).

M15 1991 c. 57; there are amendments to section 221(1) not relevant to these Regulations.

River basin management plans: submission for approval E+W

30.—(1) As soon as an updated river basin management plan is submitted to the appropriate authority under regulation 28, the appropriate agency must—

(a) make copies of the plan accessible to the public free of charge through its website and at its principal office, 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) An updated plan submitted to the appropriate authority must be accompanied by—

(a) a statement of the steps taken by the appropriate agency to comply with regulation 29(1) to (4) (public participation), and

(b) a summary of the representations referred to in regulation 29(6) and of any changes made to the plan in light of those representations.

(3) If the appropriate authority considers in relation to a plan that further action should be taken by the appropriate agency under regulation 29(2) to (4), the appropriate authority may direct the appropriate agency—

(a) to take such further steps under those provisions as the appropriate authority may specify in the direction, and

(b) to resubmit the updated plan within such period, if any, as the appropriate authority may specify in the direction.

(4) Where the appropriate authority gives a direction to the appropriate agency under paragraph (3), it must state its reasons for doing so.

(5) This regulation applies in relation to a river basin management plan resubmitted to the appropriate authority in accordance with a direction under paragraph (3) as it applies to the plan as originally submitted, with the modification that, for the reference in paragraph (3) to regulation 29(2) to (4), there is substituted a reference to this regulation.

River basin management plans: approval E+W

31.—(1) The appropriate authority may, having considered an updated river basin management plan submitted to it and any representations received by the authority 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 appropriate authority may direct the appropriate agency to make, or

(c) reject it.

(2) In any case falling within paragraph (1)(b) or (c), the appropriate authority must state its reasons.

(3) Where the appropriate authority rejects an updated plan, it must direct the appropriate agency 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 appropriate agency considers appropriate.

(4) Where the appropriate authority approves an updated plan, the appropriate agency must publish the approved plan in such manner as the appropriate agency thinks 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 its website and at its principal office, 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.

(5) The appropriate authority must ensure that an updated plan is published—

(a) by 22nd December 2021, and

(b) subsequently, by 22nd December of the sixth year following that date and of each sixth year following that.

Supplementary plans E+W

32.—(1) The appropriate agency may prepare a supplementary plan for the purposes of supplementing the river basin management plan for a river basin district.

(2) A plan prepared under 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;

(d) a particular description of user of water resources.

(3) The appropriate agency must, in relation to the preparation of a supplementary plan, consult such of the persons referred to in regulation 29(4) and such other persons likely to be interested in or affected by that plan as the appropriate agency thinks fit, and must take into account any views expressed by those consulted.

River basin management plans: duties on public bodies E+W

33.  The Secretary of State, the Welsh Ministers, the Agency, NRW and each public body must, in exercising their functions so far as affecting a river basin district, have regard to—

(a) the river basin management plan for that district as approved under regulation 31, and

(b) any supplementary plan prepared under regulation 32.

PART 7 E+W General

Publication of information E+W

34.—(1) The appropriate agency must make accessible to the public at its principal office—

(a) the results of the work required by regulation 5 (characterisation of river basin districts);

(b) maps showing bodies of water identified under regulation 8 (bodies of water used for the abstraction of drinking water);

(c) the registers prepared under regulation 10 (register of protected areas);

(d) the results of the monitoring programmes established under regulation 11 (monitoring);

(e) the environmental objectives and programmes of measures proposed or approved under regulation 12 (environmental objectives and programmes of measures);

(f) any supplementary plan prepared under regulation 32 (supplementary plans).

(2) Where the appropriate authority approves (with or without modifications) proposals made by the appropriate agency under regulation 12(1) (environmental objectives and programmes of measures), the appropriate agency 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 appropriate authority must make accessible to the public through its website and at its principal office the results of the analysis conducted under regulation 7 (economic analysis of water use in river basin districts).

[F14 (4) The appropriate agency must, within three years of an updated river basin management plan being published under regulation 31(5)—

(a) produce an interim report describing progress in the implementation of each planned programme of measures;

(b) publish that report in such manner as the appropriate agency considers appropriate.]

Textual Amendments

F14 Reg. 34(4) substituted (31.12.2020) by The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 20(9); 2020 c. 1, Sch. 5 para. 1(1)

Provision of information and assistance E+W

35.—(1) A public body must, on being requested to do so by the appropriate agency, provide the agency with such information in its possession or under its control and such assistance as the appropriate agency may reasonably seek in connection with the exercise of any of the appropriate 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) M16 has effect as if functions under these Regulations were functions under the water pollution provisions of that Act.

Marginal Citations

M16 Section 202 was amended by paragraph 172 of Schedule 22 and paragraph 1 of Schedule 24 to the Environment Act 1995 (c. 25) and by S.I. 2013/755 (W. 90).

Directions E+W

36.—(1) Section 40 of the Environment Act 1995 (directions to agencies) M17 has effect as if the power in subsection (2) to give directions included a power for the appropriate authority to give directions to any public body for the purposes of giving effect to [F15 these Regulations or any other retained EU law which implemented] the WFD.

(2) Section 122 of the Environment Act 1995 (directions) M18 applies in relation to any direction given by virtue of paragraph (1) of this regulation.

(3) Article 11 of the Natural Resources Body for Wales (Establishment) Order 2012 (directions to the Natural Resources Body for Wales) M19 has effect as if the power in paragraph (3) of that Order to give directions included a power for the appropriate authority to give directions to any public body for the purposes of giving effect to [F16 these Regulations or any other retained EU law which implemented] the WFD.

(4) Article 11A of the Natural Resources Body for Wales (Establishment) Order 2012 (further provision about directions) applies in relation to any direction given by virtue of paragraph (3) of this regulation.

(5) The appropriate authority may give guidance to the appropriate agency or to any other public body with respect to the practical implementation of [F17 these Regulations or any other retained EU law which implemented] the WFD, and that agency or public body must have regard to it.

Textual Amendments

F15 Words in reg. 36(1) inserted (31.12.2020) by The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 20(10)(a); 2020 c. 1, Sch. 5 para. 1(1)

F16 Words in reg. 36(3) inserted (31.12.2020) by The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 20(10)(a); 2020 c. 1, Sch. 5 para. 1(1)

F17 Words in reg. 36(5) inserted (31.12.2020) by The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 20(10)(b); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M17 1995 c. 25; section 40 was amended by S.I. 2011/1043, 2013/755 (W. 90).

M18 Section 122 was amended by S.I. 2011/1043; there are other amending instruments but none is relevant.

M19 S.I. 2012/1903, amended by section 5 of the Environment (Wales) Act 2016 (anaw 3) and by S.I. 2013/755 (W. 90). There are other amendments not relevant to these Regulations.

Revocation E+W

37.  The 2003 Regulations are revoked.

Transitional provision E+W

38.—(1) Anything done under the 2003 Regulations (whether or not subsequently revised), and which has not been superseded at the time these Regulations come into force, continues to have effect and is taken to have been done under these Regulations.

(2) Paragraph (1) applies to (but is not limited to) the following—

(a) the analysis of river basin characteristics and review of impact of human activity required to be undertaken by 22nd December 2004 under regulation 5 of the 2003 Regulations;

(b) the economic analysis required to be undertaken by 22nd December 2004 under regulation 6 of the 2003 Regulations;

(c) the identification of water bodies from which water is abstracted for human consumption under regulation 7 of the 2003 Regulations;

(d) the designation of shellfish water protected areas under regulation 7A of the 2003 Regulations;

(e) the establishment of a register of protected areas required by 22nd December 2004 under regulation 8 of the 2003 Regulations;

(f) the establishment of operational monitoring programmes required by 22nd December 2006 under regulation 9 of the 2003 Regulations;

(g) the setting of environmental objectives for each body of water and the establishment of programmes of measures required by 22nd December 2009 under regulation 10 of the 2003 Regulations;

(h) the approval of updated river basin management plans required by 22nd December 2015 under regulations 14 and 15 of the 2003 Regulations.

Consequential amendments E+W

39.  The consequential amendments in Schedule 4 have effect.

Thérèse Coffey

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

Carwyn Jones

First Minister of Wales