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

JurisdictionUK Non-devolved
CitationSI 2017/407
Year2017
  • may be cited as the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 and come into force on 10th April 2017;
  • extend to England and Wales;
  • apply only in relation to river basin districts identified under regulation 4(1) .
  • (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—
      • (a) in relation to a river basin district that is wholly in England, the Agency;
      • (b) in relation to a river basin district that is wholly in Wales, NRW;
      • (c) 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—
      • (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 Welsh Ministers;
      • (c) 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) a person otherwise holding an office—
        • (i) under the Crown,
        • (ii) created or continued in existence by a public general Act of Parliament, or
        • (iii) the remuneration in respect of which is paid out of money provided by Parliament;
      • (b) 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 .
    where the Agency is the appropriate agency, through its website;where NRW is the appropriate agency, through its website;where the Agency and NRW acting jointly are the appropriate agency, through their respective websites;where the Agency is the appropriate agency, at its principal office;where NRW is the appropriate agency, at its principal office;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

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