The Water Environment (Water Framework Directive) (England and Wales) Regulations 2003
2003 No. 3242
WATER RESOURCES, ENGLAND AND WALES
The Water Environment (Water Framework Directive) (England and Wales) Regulations 2003
Made 10th December 2003
Laid before Parliament 11th December 2003
Coming into force 2nd January 2004
The Secretary of State and the National Assembly for Wales, acting respectively in relation to river basin districts that are wholly in England and river basin districts that are wholly in Wales1, and jointly in relation to river basin districts that are partly in England and partly in Wales, being designated2for the purposes of section 2(2) of the European Communities Act 19723in relation to matters relating to water resources, in exercise of the powers conferred upon them by that section, hereby make the following Regulations:
Title, commencement, extent and application
1. These Regulations—
(a) may be cited as the Water Environment (Water Framework Directive) (England and Wales) Regulations 2003 and shall come into force on 2nd January 2004;
(b) extend to England and Wales; and
(c) apply only in relation to river basins districts identified by regulation 4(1)4.
Interpretation
2.—(1) In these Regulations—
“the Agency” means the Environment Agency;
“the appropriate authority” 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 Assembly; and
(c) in relation to a river basin district that is partly in England and partly in Wales, the Secretary of State and the Assembly acting jointly;
“the Assembly” means the National Assembly for Wales;
“body of water” means a body of groundwater or a body of surface water;
“the Directive” means Directive 2000/60/ECof the European Parliament and of the Council of 23rd October 2000 establishing a framework for Community action in the field of water policy, as amended5;
“England” includes the territorial sea adjacent to England not forming any part of Wales;
“environmental objectives”, in relation to a river basin district, means the objectives required to comply with Article 4 of the Directive (environmental objectives) including any objectives required to comply with Article 7(2) and (3) of the Directive (waters used for the abstraction of drinking water);
“programme of measures”, in relation to a river basin district, means the programme of measures required to comply with Article 11(2) to (6) of the Directive (programme of measures);
“public body” does not include a Minister of the Crown within the meaning of the Ministers of the Crown Act 19756or the Assembly, but it does include—
(a) a person otherwise holding an office—
(i) under the Crown;
(ii) created or continued in existence by public general Act of Parliament; or
(iii) the remuneration in respect of which is paid out of money provided by Parliament; and
(b) a statutory undertaker (being a person who by virtue of section 262 of the Town and Country Planning Act 19907is, or is deemed to be, a statutory undertaker for any purpose);
“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 Directive and being made up of a river basin or neighbouring river basins, together with associated groundwater, transitional waters and coastal water; and
“Wales” has the meaning given by section 155 of the Government of Wales Act 19988.
(2) Any expression used in both these Regulations and the Directive and not otherwise defined in these Regulations has the same meaning for the purposes of these Regulations as it has for the purposes of the Directive, and the definitions contained in the Directive of expressions used in these Regulations are set out in Schedule 1 (references in those definitions to an Annex or an Article being to an Annex to, or an Article of, the Directive).
The general duties
3.—(1) The Secretary of State, the Assembly and the Agency must exercise their relevant functions so as to secure compliance with the requirements of the Directive.
(2) The Secretary of State and the Assembly must exercise their relevant functions in relation to each river basin district so as best to secure that the requirements of the Directive for the achievement of its environmental objectives, and in particular programmes of measures, are coordinated for the whole of that district.
(3) In this regulation, “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 instruments respectively).
River basin districts
4.—(1) The areas shown on the deposited map are identified as river basin districts for the purposes of these Regulations.
(2) The Secretary of State, the Assembly and the Agency must ensure that the deposited map is made available to the public through their respective websites and at the relevant places.
(3) The relevant places are—
(a)
(a) in the case of the Secretary of State, the principal library of the Department for Environment, Food and Rural Affairs;
(b)
(b) in the case of the Assembly, the library of the Assembly in Cardiff; and
(c)
(c) in the case of the Agency, its principal office and its principal regional offices.
(4) In this regulation, “the deposited map” means the map and related information recorded on the CD-ROM which is—
(a)
(a) entitled “River Basin Districts (England and Wales) 2003”; and
(b)
(b) deposited in the principal library of the Department for Environment, Food and Rural Affairs.
Characterisation of river basin districts
5.—(1) The Agency must in accordance with Annex II to the Directive (characterisation, etc of waters) by 22nd December 2004—
(a)
(a) carry out an analysis of the characteristics of each river basin district; and
(b)
(b) conduct a review of the impact of human activity on the status of surface water and groundwater in each river basin district.
(2) The results of the work required by paragraph (1) must be periodically reviewed and updated by the Agency, initially by 22nd December 2013 and thereafter by each sixth anniversary of that date.
Economic analysis of water use in river basin districts
6.—(1) The appropriate authority must ensure that an economic analysis of water use in each river basin district is carried out by 22nd December 2004 in accordance with Annex III to the Directive (economic analysis).
(2) The appropriate authority must ensure that the analysis required by 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 water
7.—(1) The Agency must identify any bodies of water within each river basin district which—
(a)
(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)
(b) are 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) In this regulation, “water intended for human consumption” has the same meaning as in Council Directive 80/778/ECof 15th July 1980 relating to the quality of water intended for human consumption, as amended9.
Register of protected areas
8.—(1) The Agency must for each river basin district—
(a)
(a) by 22nd December 2004 prepare, and
(b)
(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 regulation, “protected area” means—
(a)
(a) a body of water which has been identified under regulation 7; and
(b)
(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.
Monitoring
9.—(1) The Agency must—
(a)
(a) establish programmes for monitoring water status in order to establish a coherent and comprehensive overview of water status within each river basin district; and
(b)
(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)
(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)
(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 paragraph (1) are set out in the following provisions of Annex V to the Directive—
(a)
(a) points 1.3 to 1.3.6 (monitoring of ecological status, chemical status and ecological potential for surface waters);
(b)
(b) points 1.4 to 1.4.3 (classification and presentation of ecological status, chemical status and ecological potential);
(c)
(c) points 2.2 to 2.2.4...
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