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

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and replace the Water Environment (Water Framework Directive) (England and Wales) Regulations 2003 (S.I. 2003/3242) (“the 2003 Regulations”) which have been amended by several instruments. They continue to transpose for England and Wales Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy) (OJ No L 327, 22.12.2000, p1) (“the WFD”) and also transpose aspects of Directive 2006/118/EEC of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration (OJ No L 372, 27.12.2006, p19) (“the GWD”) and of Directive 2008/105/EC of the European Parliament and of the Council on environmental quality standards in the field of water policy (OJ No L 348, 24.12.2008, p84) (the EQSD”).

Regulation 3 imposes duties on the Secretary of State, Welsh Ministers, the Environment Agency (“the EA”) and Natural Resources Wales (“NRW”) to carry out certain functions so as to ensure compliance with the WFD, GWD and EQSD, in particular when deciding whether to grant, vary or revoke certain permits and licences which affect water quality, and to co-ordinate their actions relating to these three Directives.

Part 2 requires the identification of river basin districts, and a number of other assessments to be carried out by the EA and NRW to characterise and classify the status of water bodies in those districts, and assess the economic aspects of water use. These assessments were carried out under the 2003 Regulations, and are treated as having been carried out under these Regulations as a result of the transitional provision in regulation 38.

Part 3 makes provision for certain protected areas. Regulation 8 requires the identification of bodies of water from which drinking water is abstracted, and specifies specific measures that must be included in a programme of measures (see Part 5) to protect the quality of the water. Regulation 9 sets out a procedure for designating areas of water as “shellfish water protected areas” which will have additional objectives (see regulation 13). Regulation 10 requires a number of types of areas which are protected by other EU legislation (for example, protected habitats and birds sites), as well as the areas under regulations 8 and 9, to be included on registers of protected areas.

Part 4 sets out what monitoring of water quality the EA and NRW must undertake in relation to water bodies, including protected areas.

Part 5 provides for the establishment of environmental objectives for each water body, and programmes of measures to meet those objectives. Regulation 12 sets out a procedure for these to be proposed by the EA or NRW, approved by the Secretary of State or Welsh Ministers, and reviewed and revised at least every six years. Regulation 13 sets out what the objectives are for each type of water body. This is subject to regulations 16 and 17 which enable alternative deadlines or less stringent objectives to be set if certain conditions are met, and to regulations 18 and 19 which set out circumstances in which it is permissible not to achieve the objectives set for a water body.

The remainder of Part 5 provides for the content and application of programmes of measures. In particular, regulation 20 sets out the minimum requirements for each programme of measures, (which may also contain supplementary measures), regulation 21 imposes requirements about water pricing and contributions to the recovery of costs, and regulation 22 requires additional measures in relation to certain priority substances set by the EQSD. Regulation 24 explains the actions which must be taken if it is likely that the environmental objectives for a body of water will not be met.

Part 6 deals with river basin management plans (“RBMPs”) which must be established for each river basin district, and applies in relation to the most recent plans published under the 2003 Regulations, or (once plans have been revised) under these Regulations. Regulation 27 lists the content required in each RBMP. The plans must be reviewed and revised periodically by the EA and NRW (regulation 28) and are then subject to the consultation requirements set out in regulation 29. The procedure for RBMPs to be submitted to and approved by the Secretary of State and Welsh Ministers is set out in regulations 30 and 31. Regulation 33 requires public bodies (as well as the Secretary of State, Welsh Ministers, the EA and NRW) to have regard to the RBMP for a river basin district (or a supplementary plan under regulation 32) when exercising functions affecting the district.

Part 7 contains miscellaneous provisions. Regulation 37 revokes the 2003 Regulations (and accordingly, Schedule 4 makes consequential amendments to other legislation). Regulation 38 contains a transitional provision ensuring that things done under the 2003 Regulations before their revocation continue to have effect as if done under these Regulations (for example, the analyses and assessments required by Part 2, and the objectives and programmes of measures established under Part 5).

Schedule 1 contains definitions from the WFD for terms used in the Regulations. Schedule 2 lists the functions in primary and secondary legislation to which the duty in regulation 3(1) (to exercise functions so as to secure compliance with the WFD, GWD and EQSD) applies. Schedule 3 contains a list of EU Directives relating to water quality which programmes of measures must contain measures to implement. Schedule 4 contains consequential amendments to other legislation.

No impact assessment has been prepared for this instrument as no impact on the private, voluntary or business sectors is foreseen.