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

Made: 15th March 2017

Laid before Parliament: 16th March 2017

Laid before the National Assembly for Wales: 16th March 2017

Coming into force: 10th April 2017

The Secretary of State and the Welsh Ministers, acting respectively in relation to river basin districts that are wholly in England and river basin districts that are wholly in Wales, and jointly in relation to river basin districts that are partly in England and partly in Wales, make these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 .

The Secretary of State is designated for the purposes of that section of that Act in relation to the environment , and the Welsh Ministers are designated for the purposes of that section of that Act in relation to water resources .

PART 1 — Introduction

Citation, commencement, extent and application

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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

2

• (1) In these Regulations—

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

• “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 ;

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

• “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 ;

• “the Agency” means the Environment Agency;

• “the appropriate agency”, except as provided for by regulation 9(8), means—in relation to a river basin district that is wholly in England, the Agency;in relation to a river basin district that is wholly in Wales, NRW;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—in relation to a river basin district that is wholly in England, the Secretary of State;in relation to a river basin district that is wholly in Wales, the Welsh Ministers;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 , the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Government, but does include—a person otherwise holding an office—under the Crown,created or continued in existence by a public general Act of Parliament, orthe remuneration in respect of which is paid out of money provided by Parliament;a statutory undertaker, being a person who by virtue of section 262 of the Town and Country Planning Act 1990 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 ;

• “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 .

• (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.

• (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.

Duties on ministers and regulators

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 ;

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

• (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.

PART 2 — River basin districts and water bodies

Map of river basin districts

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• (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

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

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

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• (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 — Protected areas

Bodies of water used for the abstraction of drinking water

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• (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

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• (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—in relation to a shellfish water protected area that is wholly in England, the Agency;in relation to a shellfish water protected area that is wholly in Wales, NRW;

• “appropriate authority” means—in relation to a shellfish water protected area or proposed area that is wholly in England, the Secretary of State;in relation to a shellfish water protected area or proposed area that is wholly in Wales, the Welsh Ministers.

Register of protected areas

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 assimilated law providing for the protection of surface water and groundwater or for the conservation of habitats or species directly depending on water ..., 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.

PART 4 — Monitoring

Monitoring programmes

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• (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 assimilated 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 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).

• (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.

PART 5 — Environmental objectives and programmes of measures

Procedure for setting environmental objectives and programmes of measures

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• (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�??