The Water (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

JurisdictionUK Non-devolved
CitationSI 2019/112
(1) These Regulations may be cited as the Water (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 and come into force on exit day.(2) These Regulations extend to Northern Ireland only.(1) The Marine Act (Northern Ireland) 2013 is amended as follows.in subsection (5) , for “obligations under EU or international law” substitute “ retained EU obligations or obligations under international law ”;at the end insert—
  • (11) For the purposes of this section, the Wild Birds Directive is to be read with the following modifications—
  • (a) references to “the European territory of the Member States to which the Treaty applies” include the United Kingdom;
  • (b) references to a Member State (or Member States) include the United Kingdom.
references to “the European territory of the Member States to which the Treaty applies” include the United Kingdom;references to a Member State (or Member States) include the United Kingdom.in paragraph (a) , for “(other than Gibraltar) which is not a member State” substitute “ other than the United Kingdom ”;in paragraph (b) , for “a member State” substitute “ the United Kingdom ”.(1) The Control of Asbestos in Water Regulations (Northern Ireland) 1995 are amended as follows.(2) After regulation 2(2) , insert—
  • (3) For the purposes of these Regulations, a reference to a Directive is to be read as if any reference in that Directive to one or more member States or the competent authorities of member States in a provision imposing an obligation or conferring a discretion on, a member State, member States or the competent authorities of member States is to be read as a reference to the Department.
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For the purposes of these Regulations, a reference to a Directive is to be read as if any reference in that Directive to one or more member States or the competent authorities of member States in a provision imposing an obligation or conferring a discretion on, a member State, member States or the competent authorities of member States is to be read as a reference to the Department.(3) For regulation 3, substitute—
    (3)
  • (1) The Department shall, in accordance with the Directive, take the necessary measures to ensure that asbestos discharges into the aquatic environment are, as far as reasonably practicable, reduced at source and prevented.
  • (2) For the purposes of this regulation, the Directive is to be read as if—
  • (a) the following provisions were omitted—(i) Article 6, paragraph 3;(ii) Articles 10 to 14;
  • (b) in Article 3, paragraph 2, the words from “taking into account” to the end were omitted;
  • (c) in Article 7, for “Article 12 of Directive 83/477/EEC” there were substituted Article 13 of Directive 2009/148/EC;
  • (d) in Article 8, omit “Without prejudice to Directive 78/319/EEC, as last amended by the 1985 Act of Accession,”;
  • (e) in the Annex, in Part B, Chapter 2—(i) in the second paragraph, for “European reference method defined in Annex 1 of Directive 83/477/EEC” there were substituted “ method recommended in 1997 by the World Health Organization (WHO) or any other method giving equivalent results ”;(ii) in the third paragraph, point (8) , for “European” to “Directive 83/477/EEC” there were substituted “ method recommended in 1997 by the World Health Organization (WHO) or any other method giving equivalent results ”.
The Department shall, in accordance with the Directive, take the necessary measures to ensure that asbestos discharges into the aquatic environment are, as far as reasonably practicable, reduced at source and prevented.Article 6, paragraph 3;Articles 10 to 14;in Article 3, paragraph 2, the words from “taking into account” to the end were omitted;in Article 7, for “Article 12 of Directive 83/477/EEC” there were substituted Article 13 of Directive 2009/148/EC;in Article 8, omit “Without prejudice to Directive 78/319/EEC, as last amended by the 1985 Act of Accession,”;in the second paragraph, for “European reference method defined in Annex 1 of Directive 83/477/EEC” there were substituted “ method recommended in 1997 by the World Health Organization (WHO) or any other method giving equivalent results ”;in the third paragraph, point (8) , for “European” to “Directive 83/477/EEC” there were substituted “ method recommended in 1997 by the World Health Organization (WHO) or any other method giving equivalent results ”.(4) In regulation 4A, after paragraph (2) , insert—
  • (3) For the purposes of paragraph (2) , the reference to the Annex were to the Annex read in accordance with regulation 3(2) (e) .
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For the purposes of paragraph (2) , the reference to the Annex were to the Annex read in accordance with regulation 3(2) (e) .
  • In regulation 2(1) of the Protection of Water Against Agricultural Nitrate Pollution Regulations (Northern Ireland) 2004
  • (1) The Urban Waste Water Treatment Regulations (Northern Ireland) 2007 are amended as follows.in paragraph (5) , omit “and with the agreement of the Commission pursuant to Article 8(5) of the Directive”;in paragraph (7) (a) , for “the Directive and other Community Directives” substitute “ these Regulations and retained EU law ”.(3) For regulation 15, substitute—
      (15)
    • (1) The Department and the Department for Infrastructure must, acting jointly, publish a situation report on the disposal of urban waste water and sludge.
    • (2) The Department and the Department for Infrastructure must review and assess compliance of agglomerations with these Regulations and publish a report on—
    • (a) the level of that compliance;
    • (b) identified reasons for non-compliance where applicable;
    • (c) proposed measures to achieve compliance with these Regulations.
    The Department and the Department for Infrastructure must, acting jointly, publish a situation report on the disposal of urban waste water and sludge.the level of that compliance;identified reasons for non-compliance where applicable;proposed measures to achieve compliance with these Regulations.A report under paragraphs (1) and (2) must be published in such manner as the Department and the Department for Infrastructure consider appropriate.The first reports under paragraphs (1) and (2) must be published by 31st December 2020.Subsequent reports must be published at intervals not exceeding two years.(4) In Part 1 of Schedule 1, in paragraph (c) , for “Council Directives” substitute “ retained EU law ”.(5) In Part 1 of Schedule 3, in paragraph 4, for “any other relevant Community Directives” substitute “ retained EU law ”.(6) In Schedule 4, for “other Community Directives” substitute “ retained EU law ”.(1) The Quality of Bathing Water Regulations (Northern Ireland) 2008 are amended as follows.(2) In regulation 2, at the end insert—
    • (5) For the purposes of these Regulations, a reference to a Directive is to be read as if any reference in that Directive to one or more member States or a competent authority in a provision imposing an obligation or conferring a discretion on a member State, member States or competent authority were a reference to the Department.
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    For the purposes of these Regulations, a reference to a Directive is to be read as if any reference in that Directive to one or more member States or a competent authority in a provision imposing an obligation or conferring a discretion on a member State, member States or competent authority were a reference to the Department.(3) In regulation 5, at the end insert—
    • (5) For the purposes of this regulation, the Bathing Water Directive is to be read as if—
    • (a) in Article 2(13) , the reference to Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment were a reference to Council Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment ;
    • (b) the following provisions were omitted—(i) Article 3(8) ;(ii) in Article 3(9) , the final sentence;(iii) in Article 4(2) , in the second subparagraph, the second and third sentences;
    • (c) in Article 6(3) , the reference to Directive 2000/60/EC were a reference to Article 8 of that Directive;
    • (d) the following provisions were omitted—(i) Article 13;(ii) Article 14;(iii) Article 18;
    • (e) in Annex 3, in paragraph 1(a) , the reference to Directive 2000/60/EC were omitted.
    in Article 2(13) , the reference to Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment were a reference to Council Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment ;Article 3(8) ;in Article 3(9) , the final sentence;in Article 4(2) , in the second subparagraph, the second and third sentences;in Article 6(3) , the reference to Directive 2000/60/EC were a reference to Article 8 of that Directive;Article 13;Article 14;Article 18;in Annex 3, in paragraph 1(a) , the reference to Directive 2000/60/EC were omitted.in paragraph 1, the final indent were omitted;the first sentence were omitted;the reference in the second sentence to Annex 5 to Directive 2000/60/EC were a reference to that Annex as modified by paragraph 16 of Schedule 5 to the Water Framework Regulations;paragraph 3 were omitted.(4) In Part 6, before regulation 16, insert—
      (15A) Annual reports
    • (1) Subject to paragraph (2) , the Department must prepare and publish, by 30th April each calendar year, a report on the bathing water season in the previous year.
    • (2) The first report under this regulation must be published by 30th April 2020.
    • (3) A report must—
    • (a) be published in such manner as the Department considers appropriate;
    • (b) contain the following information for a bathing water—(i) the results of monitoring carried out under regulation 8;(ii) the...
    Subject to paragraph (2) , the Department must prepare and publish, by 30th April each calendar year, a report on the bathing water season in the previous year.The first report under this regulation must be published by 30th April 2020.be published in such manner as the Department considers appropriate;the results of monitoring carried out under regulation 8;the

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