The Flood and Water (Amendments) (England and Wales) (EU Exit) Regulations 2019

Publication Date:January 01, 2019
 
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2019No. 460 (W. 110)

EXITING THE EUROPEAN UNION, ENGLAND AND WALES

AGRICULTURE, WALES

COAST PROTECTION, WALES

ENVIRONMENTAL PROTECTION, WALES

FLOOD RISK MANAGEMENT, WALES

WATER, ENGLAND AND WALES

The Flood and Water (Amendments) (England and Wales) (EU Exit) Regulations 2019

Sift requirements satisfied21January2019

Made5March2019

Laid before the National Assembly for Wales6March2019

Coming into force in accordance with regulation 1(1)

The Welsh Ministers make these Regulations in exercise of the powers conferred by paragraph 1(1) of Schedule 2 to, the European Union (Withdrawal) Act 2018( 1).

The requirements of paragraph 4(2) of Schedule 7 to that Act (relating to the appropriate National Assembly for Wales scrutiny procedure for these Regulations) have been satisfied.

Title, commencement and application

1.—(1) The title of these Regulations is the Flood and Water (Amendments) (England and Wales) (EU Exit) Regulations 2019 and they come into force on exit day.

(2) An amendment made by these Regulations has the same extent and application as the provision amended.

Amendment of the Contaminated Land (Wales) Regulations 2006

2. In regulation 3 of the Contaminated Land (Wales) Regulations 2006( 2)

(a) the existing paragraph is renumbered as paragraph (1) of that regulation;

(b) in sub-paragraph (b)(ii) of paragraph (1) (as renumbered), for the words from “protected areas” to the end (but not the final “or”) substitute “shellfish water protected areas or bathing waters, those waters do not meet the environmental objectives that apply to them as set out in the relevant river basin management plan under Part 6 of the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017( 3)”.

(c) after paragraph (1) (as renumbered), insert—

“(2) In this regulation—

(a) “bathing water” has the same meaning as in the Bathing Water Regulations 2013( 4);

(b) “shellfish water protected area” means a body of water designated under regulation 9 of the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017.”

Amendment of the Water Resources (Control of Pollution) (Silage, Slurry and Agriculture Fuel Oil) (Wales) Regulations 2010

3. In regulation 2(3) of the Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (Wales) Regulations 2010( 5), omit the words from “and is recognised” to the end.

The Incidental Flooding and Coastal Erosion (Wales) Order 2011

4. In article 3 of the Incidental Flooding and Coastal Erosion (Wales) Order 2011( 6)

(a) in paragraph (3), for “the United Kingdom to comply with its obligations under” substitute “compliance with the legislation( 7) which implemented”;

(b) for paragraph (4)(a) substitute—

“(a) “environmental objectives” has the same meaning as in the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017;”.

Amendment of the Nitrate Pollution Prevention (Wales) Regulations 2013

5.—(1) The Nitrate Pollution Prevention (Wales) Regulations 2013( 8) are amended as follows.

(2) In regulation 6—

(a) the existing paragraph is renumbered as paragraph (1) of that regulation;

(b) after paragraph (1) (as renumbered), insert—

“(2) In paragraph (1), in the definition of “derogation” (“rhanddirymiad”), the reference to paragraph 2(b) of Annex 3 to Council Directive 91/676/EEC( 9) is to be read as if the third subparagraph were omitted.

(3) For the purposes of these Regulations, a reference to an EU Directive is to be read as if any reference in that Directive to a member State in a provision imposing an obligation on, or providing a discretion to, a member State were to the authority which, immediately before exit day, was responsible for compliance with that obligation, or exercise of that discretion, in Wales.

(4) In paragraph (3), the “authority” means the Natural Resources Body for Wales or the Welsh Ministers.”

(3) In regulation 11—

(a) in paragraph (2)(b), for “Council Directive 98/83/EC on the quality of water intended for human consumption”, substitute “the Private Water Supplies (Wales) Regulations 2017( 10) and the Water Supply (Water Quality) Regulations 2018( 11)”;

(b) after paragraph (3) insert—

“(4) In paragraph (3)(a), the reference to Annex 1 to Council Directive 91/676/EEC is to be read as if—

(a) each reference in it to Article 5 of that Directive were to regulations 12, 13 and 14 to 46 of these Regulations;

(b) in point A, paragraph 1, for the words from “more than” to “Directive 75/440/EEC” there were substituted “a concentration of nitrates greater than 50mg/l”.”

(4) In regulation 47, after paragraph (3) insert—

“(4) As part of the review conducted under this regulation, the Welsh Ministers must review the overall position of derogations granted under regulation 13A against—

(a) objective criteria, including—

(i) the existence, in designated nitrate vulnerable zones, of—

(aa) long growing seasons,

(bb) crops with high nitrogen uptake, and

(cc) soils with exceptionally high denitrification capacity, and

(ii) the net rainfall in designated nitrate vulnerable zones;

(b) the following objectives—

(i) reducing water pollution caused or induced by nitrates from agricultural sources, and

(ii) preventing further such pollution.”

(5) After regulation 48, insert—

“Implementation report

48A.—(1) The Welsh Ministers must prepare a report on the implementation of these Regulatio ns for each relevant period.

(2) A report under paragraph (1) must contain—

(a) details of any steps taken to promote good agricultural practice;

(b) the map deposited under regulation 7(2), accompanied by a statement detailing the nature of, and reasons for, any revisions to the designated nitrate vulnerable zone since the end of the previous reporting period;

(c) a summary of the monitoring results under regulation 11;

(d) a summary of the most recent review conducted under regulation 47.

(3) A report under paragraph (1) must be published—

(a) in such manner as the Welsh Ministers consider appropriate;

(b) by the last day of the six month period beginning with the day on which the relevant period ends.

(4) In this regulation, “relevant period” means the period of four years beginning with 1st January 2016 and each successive period of four years.”

Amendment of the Private Water Supplies (Wales) Regulations 2017

6.—(1) The Private Water Supplies (Wales) Regulations 2017( 12) are amended as follows.

(2) In regulation 2—

(a) the existing paragraph is renumbered as paragraph (1) of that regulation;

(b) after paragraph (1) (as renumbered), insert—

“(2) In these Regulations, a reference to an EU or Euratom Directive is to be read as if any reference in that Directive to a member State in a provision imposing an obligation on, or providing a discretion to, a member State were to either the Welsh Ministers or local authority depending on which, immediately before exit day, was responsible for compliance with that obligation, or exercise of that discretion, in respect of Wales.”

(3) In regulation 6, after paragraph (5) insert—

“(6) For the purposes of paragraph (4)(c), a reference to Articles 7(1) and 8 of Directive 2000/60/EC( 13) is to be read with the following modifications—

(a) as if any reference to Annex 5 of that Directive were a reference to that Annex as modified by Part 1 of Schedule 5 to the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017( 14);

(b) in Article 8, as if—

(i) in paragraph 1, the final indent were omitted;

(ii) in paragraph 2, the first sentence were omitted;

(iii) paragraph 3 were omitted.”

(4) For regulation 12(6), substitute—

“(6) The Welsh Ministers must publish, in such a manner as they...

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