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

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.