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

Consolidated Text As Enacted Cited authorities 18 Cited in Related
Vincent
JurisdictionWales
(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.
  • the existing paragraph is renumbered as paragraph (1) of that regulation;
  • 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
  • after paragraph (1) (as renumbered) , insert—
    • “bathing water” has the same meaning as in the Bathing Water Regulations 2013 ;“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.
  • In regulation 2(3) of the Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (Wales) Regulations 2010
  • in paragraph (3) , for “the United Kingdom to comply with its obligations under” substitute “ compliance with the legislation
  • for paragraph (4) (a) substitute—
    • “environmental objectives” has the same meaning as in the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017;(1) The Nitrate Pollution Prevention (Wales) Regulations 2013 the existing paragraph is renumbered as paragraph (1) of that regulation;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 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.
    In paragraph (1) , in the definition of “derogation” (“rhanddirymiad”) , the reference to paragraph 2(b) of Annex 3 to Council Directive 91/676/EEC is to be read as if the third subparagraph were omitted.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.In paragraph (3) , the “authority” means the Natural Resources Body for Wales or the Welsh Ministers.in paragraph (2) (b) , for “F17Council Directive 98/83/EC on the quality of water intended for human consumption, as last amended by Commission Directive (EU) 2015/1787”, substitute “ the Private Water Supplies (Wales) Regulations 2017 and the Water Supply (Water Quality) Regulations 2018 ”;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 ”.
    each reference in it to Article 5 of that Directive were to regulations 12, 13 and 14 to 46 of these Regulations;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.
    long growing seasons,crops with high nitrogen uptake, andsoils with exceptionally high denitrification capacity, andthe net rainfall in designated nitrate vulnerable zones;reducing water pollution caused or induced by nitrates from agricultural sources, andpreventing further such pollution.(5) After regulation 48, insert—
      (48A) Implementation report
    • (1) The Welsh Ministers must prepare a report on the implementation of these Regulations 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.
    The Welsh Ministers must prepare a report on the implementation of these Regulations for each relevant period.details of any steps taken to promote good agricultural practice;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;a summary of the monitoring results under regulation 11;a summary of the most recent review conducted under regulation 47.in such manner as the Welsh Ministers consider appropriate;by the last day of the six month period beginning with the day on which the relevant period ends.In this regulation, “relevant period” means the period of four years beginning with 1st January 2016 and each successive period of four years.(1) The Private Water Supplies (Wales) Regulations 2017 the existing paragraph is renumbered as paragraph (1) of that regulation;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.
    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

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