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11. Water Pollution

Framework Directive on Water Policy
The overall purpose of the Water Framework Directive is to establish a framework for the management of inlan surface waters! estuaries! coastal waters an groun water in the "ommunity to prevent an re uce pollution! promote sustainable water use! protect the a#uatic environment! improve the status of a#uatic ecosystems an to mitigate the effects of floo s an roughts$ The Directive%s ob&ective is to achieve goo status in all surface an groun waters by '()* an to prevent any further eterioration in status$ To further support measures aime at achieving the Water Framework Directive%s prime ob&ective of all +uropean waters to achieve goo environmental status by '()*! the "ommission has publishe ,-ovember '()'. a /lueprint to 0afeguar +urope1s Waters$ This aims to encourage 2ember 0tates to increase their efforts to eal with the e3isting an emerging challenges for ealing with water pollution! water abstraction for agriculture an energy pro uction! lan use an the impacts of climate change! an outlines a three tier approach to increasing efforts in this area: 4 5mprove implementation of current +6 water legislation 4 5ntegration of water policy ob&ectives into other relevant areas of +6 policy 4 Filling gaps in current framework! particularly with regar to measures encouraging water efficiency 7 report from the +uropean +nvironment 7gency ,+uropean Waters 8 "urrent 0tatus an Future "hallenges! -ovember '()'. e3presses concern that water pollution an e3cessive water use are having a amaging effect on +urope1s ecosystems an that all sectors 9 farming! transport! planning an energy 8 will nee to actively engage in managing water within sustainable limits$ 7s well as fin ing that less than :;< of +urope1s surface waters are likely to achieve goo ecological status by '()*! it notes that the mo ification of water bo ies 8 the hy romorphological status 8 is a problem in *'< of surface waters$

To further support measures aime at achieving the Water Framework Directive%s prime ob&ective of all +uropean waters to achieve goo environmental status by '()*! the "ommission has publishe ,-ovember '()'. a Blueprint to Safeguard Europe's Waters$ This aims to encourage 2ember 0tates to increase their efforts to eal with the e3isting an emerging challenges for ealing with water pollution! water abstraction for agriculture an energy

pro uction! lan use an the impacts of climate change! an outlines a three tier approach to increasing efforts in this area:

5mprove implementation of current +6 water legislation 5ntegration of water policy ob&ectives into other relevant areas of +6 policy Filling gaps in current framework! particularly with regar to measures encouraging water efficiency

7 report from the +uropean +nvironment 7gency ,European Waters !urrent Status and Future !"allenges! -ovember '()'. e3presses concern that water pollution an e3cessive water use are having a amaging effect on +urope1s ecosystems an that all sectors 9 farming! transport! planning an energy 8 will nee to actively engage in managing water within sustainable limits$ 7s well as fin ing that less than :;< of +urope1s surface waters are likely to achieve goo ecological status by '()*! it notes that the mo ification of water bo ies 8 the hy romorphological status 8 is a problem in *'< of surface waters$
European Commission - water policy

11.# E$ Framework Directive

Directive %&&&'(&'E! of the +uropean Parliament an the "ouncil establishing a Framework for "ommunity 7ction in the fiel of Water Policy was a opte on '= >ctober '(((? it entere into force on '' December '((( an ha to be implemente by 2ember 0tates by '' December '((=$ The "ommission has publishe a number of gui ance ocuments relating to implementation of various aspects of the Directive! inclu ing: economic analysis? analysis of pressure an impact? i entification of water bo ies? i entification of heavily mo ifie waters? ecological assessment of transitional an coastal waters? selection of networks an processes? monitoring? public participation? an geographical information systems$ The Water Framework Directive makes provision for the repeal of a number of other Directives! inclu ing! seven years after the Directive enters into force that on surface water ,#)'**&'EE!.! i$e$ '' December '((@? the following are to be repeale )= years after its entry into force ,i$e$ '' December '()=.: #+'(),'EE! ,now co ifie an replace by %&&('**'E! on freshwater fish? #,',%-'EE! ,now co ifie an replace by %&&('1-'E!. on shellfish waters? +&'(+'EE! on protection of groun water from angerous substances? an #('*(*'EE! ,now co ifie into %&&('11'E!. on angerous substances ischarge into the a#uatic environment$ European !ommission . /nformation on Framework Directive on Water Policy

11.#.1 0eneral Principles 7mong the Water Framework Directive1s main features are that:

2ember 0tates must take all necessary measures to ensure groun water #uality oes not eteriorate an to prevent or limit the input of pollutants to groun water$ Directive on the protection of groun water against pollution an eterioration ,%&&('11+'E!. aims to ensure goo groun water #uality by '()* ,see 11.1( 2elow.$ Discharges of haAar ous substances must cease or be phase out within '( years of their i entification as a priority haAar ous substance ,see below.? /y '()( water pricing policies shoul reflect the nee to encourage efficient use of water resources an attainment of environmental ob&ectives of the Directive? costs shoul have regar to the polluter pays principle? regional geological con itions! an economic an social con itions may however be taken into account$

The Directive efines gui ing principles for the #ualitative an #uantitative protection of groun water! a opting a more integrate approach to water policy an applying both the precautionary an polluter pays principles? in a ition the economic evelopment of a region must not be allowe to &eopar ise the status of surface waters$ +nvironmental #uality ob&ectives using /est 7vailable Techni#ues ,/7T. are to be set so as to ensure consistency with emission limits re#uire by other legislation! e$g$ the 5PP" Directive an that on pollution cause by angerous substances to water ,#('*(*'EE!. 8 see 11.1* 2elow$

11.#.% 3iver Basin 4anagement /y '' December '((B! 2ember 0tates ha to have consulte on! an esignate river basin management areas an to have establishe arrangements for cooperation where use of water within a river basin has transboun ary effects$ Civer basin management plans which meet the ob&ectives of the Water Framework Directive an achieve goo groun an surface water status by '' December '()* must be in place by '' December '()(? for groun water this woul be on the basis of chemical an #uantitative status an for surface water on the basis of ecological an chemical status 8 these are efine in an anne3 to the Directive together with monitoring an other re#uirements$ 2ember 0tates unable to meet the ea line because improvements within that time are either technically infeasible or isproportionately e3pensive may apply for a erogation but must not allow water #uality to eteriorate further within the perio of the erogation$ >ther re#uirements to have been carrie out for each river basin istrict ,C/D. by '' December '((: inclu e :

7n analysis of the characteristics of each river basin? 7 review of the impact of human activity on the status of surface an groun water for each C/D! to inclu e estimates of point source pollution! iffuse source pollution! an of

water abstractions! an an analysis of other anthropogenic influences on the status of water?

7n economic analysis of water use$

7 register of those areas within each C/D re#uiring special protection ha to be establishe by '' December '((:! as well as monitoring programmes for such areas! an monitoring of surface an groun water status$ /y '()(! 2ember 0tates must ensure full cost recovery for all services provi e for water use! but may take into account the social! economic an environmental effects of such a policy$

11.#.- 5ist of Priority Su2stances 5n -ovember '(()! the "ouncil of +nvironment 2inisters formally a opte Decision ':**D'(()D+" establishing the list of priority substances in the fiel of water policy! which becomes 7nne3 E of the Water Framework Directive$ The list comprise == substances selecte on the basis of the risk they pose to the a#uatic environment an to human health$ 7nne3 55 of Directive %&&+'1&)'E! on +nvironmental Fuality 0tan ar s in the Fiel of Water Policy substitutes a new list of == Priority 0ubstances ,see ))$@$: below. The substances have been classifie as Priority HaAar ous 0ubstances! Priority 0ubstances un er Ceview an Priority 0ubstances ,see below.$ This latter category comprises substances for which Gthere is no element! in the light of best knowle ge available! to prove they are Hto3ic! persistent an liable to bio9accumulate% or shoul be regar e as giving rise to an e#uivalent level of concernI? pro uction an use shoul however be progressively re uce an the "ommission is re#uire to propose Daughter Directives setting emission controls an +F0s for them 8 see below ))$@$:$ Celeases of those classe as Priority HaAar ous 0ubstances must be cease or phase out by '('( an the "ommission must! within two years of agreement of the list! bring forwar proposals for Daughter Directives setting ischarge limits an environmental #uality stan ar s ,+F0s. for them$ The status of those classifie as Priority 0ubstances un er Ceview was to be consi ere further in '((: to enable a secon priority list to be rawn up$ 6n er the Framework Directive! if agreement cannot be reache on control measures to be applie to the initial list of priority substances! 2ember 0tates shoul by '' December '((B establish +F0s for all surface waters affecte by ischarges of the substances! inclu ing controls on principal sources of ischarge$ For substances a e to the list at a later ate! the same applies but within five years of its inclusion on the list$ The Directive re#uires the "ommission to review the list every four years$

11.#.* Environmental 6uality Standards

The +6%s Directive on environmental #uality stan ar s in the fiel of water policy ,%&&+'1&)'E!. was a opte on )B December '((;? it came into force on )= January '((K an ha to be transpose into national legislation by )= July '()($ The various Daughter Directives un er the )K@B Framework Directive on Dangerous 0ubstances are to be repeale on '' December '()=$ The Directive lays own environmental #uality stan ar s ,+F0s. for certain pestici es! heavy metals an other angerous chemical substances that pose a particular risk to animal an plant life in the a#uatic environment an to human health! with the aim of achieving goo surface water chemical status by '()* in accor ance with the Water Framework Directive ,see above.$ The == substances covere by the Directive were those i entifie un er +6 Decision ':**D'(()D+" as Gpriority substancesI for action! with a number i entifie as Gpriority haAar ous substancesI 8 7nne3 E to the Water Framework Directive$ Particularly strict limit values are set for the priority haAar ous substances because they are to3ic! persist in the environment without breaking own! an become increasingly concentrate as they move up the foo chain 8 ischarges an emissions of these substances to water must cease by '('*! with the +F0s met by '()* ,7nne3 5. The Directive recognises that concentrations of pollutants are usually higher in the vicinity of ischarges from point sources? 2ember 0tates may therefore esignate mi3ing Aones! or Aones in which the stan ar s can be e3cee e un er certain con itions so long as these o not affect the compliance of the rest of the bo y of surface water with the relevant +F0$ >n the basis of information collecte un er the Water Framework Directive! an for the +uropean Pollutant Celease an Transfer Cegister! 2ember 0tates are re#uire to establish an inventory of emissions ischarges an losses of all priority substances an pollutants covere by the Directive for each river basin istrict? on the basis of 2ember 0tates% inventories! the "ommission is to report by '(); on progress towar s achieving the ob&ective of ceasing or phasing out emissions of )= Lpriority haAar ous substancesL within '( years$ The "ommission has now publishe proposals for a Directive to amen both the Water Framework Directive an the +F0 Directive ,!748%&119 +#(.$ 7s well as inclu ing a revise 7nne3 E! it proposes a further )* a itional priority substances! B of them to be esignate as priority haAar ous substances$ 5t also proposes stricter or revise +F0s for @ e3isting priority substances an the esignation of two as priority haAar ous substances$ The raft Directive also proposes measures to improve the efficiency of monitoring an the clarity of reporting with regar to certain substances behaving as ubi#uitous persistent! bioaccumulative an to3ic ,P/T. substances$ 7 Gwatch9listI mechanism is propose to enable targete +69wi e monitoring of substances of possible concern to support the prioritisation process in future reviews of the priority substances list$ MThe +uropean Parliament%s Environment !ommittee "as now endorsed the propose Directive%s list of )* a itional priority substances an for a GwatchI list to be establishe 8 this shoul comprise no more than '* substances to be monitore for at least )' months by 2ember 0tates! an reporte on perio ically? the watch list to be vali for four years? the "ommittee inserte a new article to ensure consistency between +6 laws on chemicals

,e$g$ Water Framework Directive! C+7"H! pestici es! bioci es.? the proposal is e3pecte to be iscusse in a plenary session of the +P in 7pril '()=$N

11.+ /mplementation of t"e Framework Directive

0eparate Cegulations transposing the Water Framework Directive have been ma e in +nglan O Wales an in -orthern 5relan ? in 0cotlan the Directive has been transpose through the Water Environment and Water Services 8Scotland9 :ct %&&-! an Cegulations un er it$ 7ll the legislation provi es for the following ,with other measures relating to transposition in each country covere in ))$K9))$)) below9:

5 entification of Civer /asin Districts ,C/Ds. an associate groun waters an coastal waters ,by '((=.? maps showing the C/Ds an waters allocate to them must be publicly available ,e$g$ on websites an in government an 7gency libraries.$ 7n analysis of the characteristics of each C/D an review of the impact of human activity on water #uality ,in accor ance with statutory gui ance. 8 to be complete by '' December '((:! with a first review to be complete by '' December '()=! an thereafter every si3 years$ /o ies of waters in C/Ds which provi e more than )( m= of rinking water per ay or serve more than *( persons must be separately i entifie $ The 0ecretary of 0tate ,an Dor Welsh Povernment as appropriate! 0+P7! D>+ -5. is responsible for completion of an economic analysis of water use in each istrict 8 to be complete by '' December '((:! with a first review to be complete by '' December '()=! an thereafter every si3 years$ 7 register of protecte areas within each C/D ha to be rawn up by '' December '((:! an must be regularly reviewe an up ate ? protecte areas inclu e areas esignate un er +6 legislation for the protection of surface or groun water! or of habitats an species! an i entifie rinking waters$ 2onitoring programmes to be establishe an maintaine by '' December '((B in accor ance with the Directive ,an with statutory gui ance. for each C/D? for surface water this shoul cover volume an level or rate of flow relevant for ecological an chemical status an ecological potential? for groun water it shoul cover chemical an #uantitative status$ The 6Q Technical 7 visory Panel! comprising e3perts from the 6Q an 5rish environment agencies! is eveloping the environmental stan ar s an con itions to be use to measure the ecological health of the water environment$ +nvironmental ob&ectives for each C/D! together with a programme of measures which aim to achieve the Directive%s ob&ectives of goo status for surface an groun waters by December '()* must be rawn up by the +nvironment 7gency an 0cottish +nvironment Protection 7gency an submitte for approval by the 0ecretary of 0tate ,Welsh D 0cottish 2inisters.? in -orthern 5relan the -orthern 5relan +nvironment 7gency is responsible for establishing environmental ob&ectives an the associate programme of measures$

The programme has to be establishe by '' December '((K! operational by '' December '()'! an reviewe an up ate as necessary by '' December '()*! an thereafter every si3 years$ The public shoul be consulte on propose environmental ob&ectives an programmes of measures$ 7ll of the re#uirements liste above will also form part of the Civer /asin 2anagement Plan ,C/2P. which the 7gencies ,-orthern 5relan +nvironment 7gency. are re#uire to prepare for each of their C/Ds$ The initial raft plans ha to be publishe for consultation in December '((;! an submitte to the 0ecretary of 0tate ,or -7W! 0cottish 2inisters. for approval an a notice publishe ,in the Ron onD/elfast PaAette! as appropriate! an in 0cotlan in a newspaper with circulation throughout 0cotlan ? a notice must also be publishe in one or more appropriate local newspapers. saying where the plan can be viewe ! with arrangements ma e for ensuring the re#uirements of the public participation irective are a here to ,see 1(.1.%.$ The 0ecretary of 0tate ,Welsh D 0cottish 2inisters. may approve! mo ify or re&ect plans? The +nvironment 7gency%s Framework for 3iver Basin Planning inclu es a provisional timetable for the main stages of the first river basin management strategy! with similar publishe by SEP: an the ;ort"ern /reland Environment :gency$ 5nitial C/2Ps were publishe by the 7gencies in December '((K 8 see 11.,.1< 11.,.*< 11.1&.1 an 11.11$ C/2Ps must be reviewe an up ate every si3 years or earlier if irecte by the 0ecretary of 0tate ,or Welsh D 0cottish 2inisters D D>+-5.$ Thus! a secon raft C/2P is sche ule for '():! for final publication in '()*$

11., Water Framework Directive . England and Wales

The Water Environment 8Water Framework Directive9 8England and Wales9 3egulations %&&- ,05 '((=D=':' came into force on ' January '((:$ The +nvironment 7gency has been esignate as the competent authority an is largely responsible for implementation of the Cegulations an for submitting etaile river basin management plans to the 0ecretary of 0tate? together with the 0ecretary of 0tate an Welsh Povernment! the 7gency has a uty to e3ercise its functions in relation to each river basin istrict ,C/D. so as to achieve the environmental ob&ectives of the Directive! with the 0ecretary of 0tate an WP being re#uire to coor inate programmes of measures to achieve the environmental ob&ectives of the Directive for cross9 bor er river basin istricts$ +leven C/Ds have been esignate in +nglan an Wales 8 one of these is in Wales an two span the a ministrative boun ary between +nglan an Wales? there are also two cross9bor er C/Ds with 0cotlan 8 see below$ Defra an the WP have publishe ,7ugust '((B. 3iver Basin Planning 0uidance which sets out 2inisterial e3pectations in relation to the principles an key steps of the river basin planning process an the content of the ocuments which must be pro uce $ This is statutory gui ance an is issue un er reg.%&8-9 of the Cegulations$ The Pui ance inclu es a Direction to the +nvironment 7gency to submit! by '' 0eptember '((K! to the appropriate authority the initial Civer /asin 2anagement Plan for each C/D? by the same ate proposals for environmental

ob&ectives an a summary of the measures to be applie to achieve the ob&ectives shoul also be submitte $ 7 second volume of guidance publishe in 7ugust '((; outlines the role of +F0s in implementing the Water Framework Directive an e3plains the range of new stan ar s which have been evelope by the 6Q environment agencies$ 0tatutory consultees in +nglan an Wales inclu e: the 0ecretary of 0tate an Dor Welsh Po vernment? Director Peneral of Water 0ervices? Joint -ature "onservation "ommittee? -atural +nglan an Dor the "ountrysi e "ouncil for Wales? local authorities! planning authorities! water an sewerage un ertakers within the C/D affecte by the consultation? an any other persons representative or who might have an interest$ The Environment :gency has publishe on its website a number of briefing notes an gui ance on various aspects of the Water Framework Directive$ The +nvironment 7gency an Drinking Water 5nspectorate have also pro uce =oint guidance on how the Drinking Water Cegulations in +nglan an in Wales ,see EE7 11.%-.1. contribute to the achievement of the Water Framework Directive an setting out their respective responsibilities$

11.,.1 3iver Basin 4anagement Civer /asin 2anagement Plans ,C/2Ps. for each of the ten river basin istricts in +nglan an Wales were approve by the 0ecretary of 0tate an Welsh 2inisters by the re#uire ate of '' December '((K an have been publishe on the +nvironment 7gency%s website$ They escribe the current water environment! etail the measures to be taken to eal with any problems an a timetable for action! with the aim of achieving goo ecological status! specifying the e3tent to which this will be achieve by '()* 8 if achievement by '()* woul result in G isproportionate cost! the Directive allows 2ember 0tates to work towar s achievement of goo ecological status by '('@ 8 thus the 7gency has set targets for how much of the C/D it e3pects to meet goo ecological status by '()* an '(')! with all but the 0outh West C/D e3pecte to achieve goo ecological status or goo ecological potential by '('@$ 3B4Ps for eac" district can also be viewe on the +nvironment 7gency%s website$ 5n July '()' the 7gency began the process of reviewing the C/2Ps with a consultation ,closes '' December '()'. seeking views on how the various interest groups can work together to eliver river basin management? up ate C/2Ps are to be publishe by December '()*$ 7 separate consultation ,which closes '; February '()=. with 0+P7 covers the Solway >weed river basin istrict which spans both +nglan an 0cotlan $

11.,.% Environmental 6uality Standards The 0ecretary of 0tate an the Welsh Povernment have issue statutory Directions to the +nvironment 7gency on eveloping environmental #uality stan ar s an other criteria

recommen e for use in classification in the first river basin planning cycle$ These inclu e metho ologies an criteria to classify all WFD water bo ies:

3iver Basin Districts >ypology< Standards and 0roundwater >"res"old ?alues 8Water Framework Directive9 8England and Wales9 Direction %&1& 8 this sets out the process for assigning water bo ies to a type an the status assessment stan ar s an other criteria that apply to each type$ 5t also lists threshol values for the classification of groun water an boun ary values for biological #uality elements$ 3iver Basin District Surface Water and 0roundwater !lassification 8Water Framework Directive9 8England and Wales9 Direction %&&, 8 this sets out the rules for classification of water bo ies ,references to the above '((K Directions shoul be rea as references to the '()( Directions.$

11.,.- Diffuse Pollution "ontrolling iffuse pollution from agriculture will be an important element in achieving the Water Framework Directive%s goal of achieving goo ecological status of water by '()*? agricultural activities contribute on average B(< of nitrates entering +nglish river systems! '*< of phosphorus! up to @*< of se iment! an between '*9*(< of bacterial pollution$ 7s well as measures promoting catchment9sensitive farming! such as the imposition of water protection Aones ,see ++> ))$K$*.! Defra is also looking at the contribution of non9agricultural ,e$g$ transport! leisure! in ustrial! forestry an ol mine workings. sources to iffuse water pollution 9 Defra is proposing to evelop a strategy for the managagement of ur2an diffuse pollution in +nglan an has aske for views to inform its evelopment ,consultation closes ; February '()=.$ To comply with the Water Framework Directive protection Aones shoul be establishe by '((K ,see ))$K$* below.$ The Water Cesources 7ct ,7men ment. ,+nglan an Wales. Cegulations '((K ,S/ %&&,'-1&*.! which came into force on '' December '((K amen those sections of the Water Cesources 7ct )KK) covering esignation of water protection Aones an serving of works% notices ,ss$K= O )B) respectively. to enable them to be more easily use as a measure for achieving the re#uirements of the WFD 8 see below! ))$K$* an ))$K$B$

11.,.* England.Scotland 3iver Basin Districts The Water Environment 8Water Framework Directive9 8;ort"um2ria 3iver Basin District9 3egulations %&&- ,05 '((=D=':*. which came into effect on ' January '((: a apt an apply the Water Environment 8Water Framework Directive9 8England and Wales9 3egulations %&&an the Water Environment and Water Services 8Scotland9 :ct %&&- to cover the -orthumbria C/D which is partly in +nglan an partly in 0cotlan $ The Water Environment 8Water Framework Directive9 8Solway.>weed 3iver Basin District9 3egulations %&&* ,05 '((:DKK. came into force on )( February '((: covering the

cross9bor er C/D of the 0olway Twee ! for which the +nvironment 7gency an 0+P7 have &oint responsibility$ Statutory 0uidance to the +nvironment 7gency an 0+P7 on the practical implementation of the WFD as regar s the 0olway Twee C/D was issue in December '((@$ 5nclu e in the 0tatutory Pui ance is a Direction from 0cottish 2inisters an the 0ecretary of 0tate to the 7gencies which re#uire them to prepare an submit to them by '' 0eptember '((K a C/2P for the 0olway Twee C/D! inclu ing proposals for environmental ob&ectives an a summary of the programme of measures for achieving them$ 5n December '((K the +nvironment 7gency an 0+P7 publishe their C/2P covering the Solway >weed river basin following its approval by the 0ecretary of 0tate for +nvironment! Foo an Cural 7ffairs! Welsh an 0cottish 2inisters$ The plan etails the current water environment an etails actions to be taken to achieve goo ecological status! where possible by '()*? the plan envisages *B< of waters being in goo con ition by '()*! increasing to K)< in '('@$ 0+P7 an the +nvironment 7gency also publishe ,0eptember '((B. The Solway >weed 3iver Basin Planning Framework? this establishes the a ministrative arrangements an working principles to support the protection of the C/D? it sets out how the integration an coor ination of the C/2P with other planning systems can be evelope ! as well as consultation an participation opportunities$ 0+P7 an the +nvironment 7gency are now consulting ,closes '; February '()=. on the evelopment of a secon river basin management plan for the 0olway Twee river basin$

11.,.) Water Protection @ones Section ,- an Sc"edule 11 of the Water Cesources 7ct )KK) as amen e by the Water Cesources 7ct ,7men ment. ,+nglan an Wales. Cegulations '((K ,S/ %&&,'-1&*. provi e powers for the 0ecretary of 0tate to esignate water protection Aones with a view to prohibiting or managing any activities in the area that can cause iffuse pollution or amage the physical characteristics of water bo ies$ The '((K 7men ments! together with Pui ance to the +nvironment 7gency! relate to the use of WPSs in +nglan to a ress iffuse pollution from agriculture ,inclu ing nitrates. an amage to the physical characteristics of water bo ies. 8 thus enabling the 7gency to inclu e the WPS provisions in their river basin management plans which have to be signe off in December '((K! an operational by December '()'! to ensure that water #uality in such areas can meet the Water Framework Directive1s target of goo ecological an chemical #uality by '()* 8see EE7 11.#$ 5f any WPSs are propose that span the bor er between +nglan an Wales! the 7gency will nee to have regar to both the gui ance for +nglan an any issue by the Welsh Povernment! with the raft >r er sent to both the 0ecretary of 0tate an Welsh 2inisters for approval$ 5t will not be possible to esignate a WPS that spans the bor er between +nglan an 0cotlan as the Water Cesources 7ct oes not cover 0cotlan $ 5n applying to the 0ecretary of 0tate MWelsh 2inistersN for a WPS >r er! the 7gency shoul supply evi ence emonstrating that the polluting or other amaging activity is a significant

contributor to the failure to achieving the environmental ob&ectives of the WFD$ 0takehol ers within the propose WPD shoul be consulte for at least )' weeks an the 7gency shoul also provi e an assessment of the costs an benefits of mitigation measures! an the likely impact of the propose mitigation measures$

3iver Dee Protection @one

To ate only one stretch of river has been given statutory protection 8 the Civer Dee! which flows through -orth +ast Wales! "heshire an 2erseysi e 8 un er the Water Protection @one 83iver Dee !atc"ment9 Designation 7rder 1,,, ,05 )KKKDK)*.? this took effect on ') June )KKK an re#uires all those carrying on a Gcontrolle activityI 8 i$e$ keeping or using controlle substances 8 within the Aone to apply for a protection Aone consent from the +nvironment 7gency$ The application an appeals proce ures are containe in the Water Protection @one 83iver Dee !atc"ment9 8Procedural and ot"er Provisions9 3egulations 1,,, ,)KKKD05 K)B.! which also came into force on ') June )KKK$ The application shoul inclu e etails of the controlle substances an emergency an safety statement? this latter shoul escribe the potential sources of an inci ent which might result in a ischarge to lan or inlan waters? how such an inci ent might occur an the measures taken or propose to be taken to prevent! control or minimise the conse#uences of any inci ent to inlan waters? an finally emergency proce ures for ealing with an inci ent at the site$ /efore granting a consent the 7gency will consult relevant local authorities an water un ertakers within the control area! the Health an 0afety +3ecutive an ! in relation to sites within 0005s or esignate special conservation areas! the -ature "onservancy "ouncil for +nglan or "ountrysi e "ouncil for Wales! as appropriate$ 7 protection Aone consent will inclu e etails of the catchment control site! escription of the substances to which the consent relates! together with ma3imum #uantities to be kept or use at any one time an storage controls? any con itions attache to the consent shoul ensure the use of /7T-++" to prevent the irect or in irect release of controlle substances in circumstances which coul cause pollution of Ginlan waters at any point where such waters are abstracte for the purposes of public water supplyI$ The 7gency may! by notice! revoke a consent or alter or a con itions if it consi ers it e3pe ient to o so$ 5t may also! by notice! revoke a consent if planning permission results in a material change of use of the catchment control site! or in the case of a consent relating to one substance! it has not been kept or use for at least five years at the site to which the consent relates$ The Cegulations make provision for consents to be varie ! for appeals to the 0ecretary of 0tate an for consents to be kept on a public register 8 these are similar to those in other Cegulations$ 7 protection Aone consent ceases to have effect where the person in control of the site changes! unless an application has been ma e for the continuation of the consent$ 6n er the Civer Dee Designation >r er it is an offence to carry on a controlle activity within a protection Aone without a consent! if the #uantity of controlle substances kept or use e3cee s that permitte in a consent! or con itions in a consent are not being complie with$ 0ummary

conviction may result in imprisonment up to three months an Dor a ma3imum fine of T'(!(((? conviction on in ictment may result in up to two years% imprisonment an Dor a fine$

11.,.( :nti.Pollution Works Section 1(1 of the Water Cesources 7ct empowers the +nvironment 7gency to take reme ial action to eal with actual or potential pollution affectin controlle waters$ Section (&8-9 of the +nvironment 7ct )KK* ,effective ) July )KK@! "ommencement >r er -o$ K. amen s this section of the 7ct O +nvironment 7ct )KK*! s.(&8)9. to enable the 7gency to carry out an investigation to establish the source of the polluting matter an the person responsible$ The Water Cesources 7ct ,7men ment. ,+nglan an Wales. Cegulations '((K ,S/ %&&,'-1&*. which came into force on '' December '((K! substitute a new s$)B) ,an )B)7. of the Water Cesources 7ct which have the effect of wi ening the 7gency%s scope to take reme ial action to eal with poisonous! no3ious or polluting matter or any waste matter which is likely to enter! or to be ,or have been. present in! or amage has been cause to! controlle waters$ 5t can be use to eal with pollution from sources such as contamination from lan fill sites! ol mine workings! chemical ischarges etc$ The 7gency can also carry out an investigation to establish the source of the polluting matter an the person responsible$ The 7gency shoul carry out the reme ial works itself only if it is of the view that the work shoul be one GforthwithI or after reasonable in#uiry! no person can be foun on whom to serve the notice$ "osts an e3penses in respect of the investigation an in ealing with the pollution may be recovere from the person who cause or knowingly permitte the pollution$ ,5t shoul be note that no costs may be recovere in respect of investigating or ealing with water pollution from a mine which was legally aban one before =) December )KKK$. Sections 1(1:.D ,+nvironment 7ct )KK*! 0che ule ''! para )B'. relate to the service of notices re#uiring persons to carry out anti9pollution works an operations$ The Water Cesources 7ct ,7men ment. ,+nglan an Wales. Cegulations '((K substitute a new section )B)7$ The 7gency is entitle to serve a Gworks noticeI on any person who has:

"ause or knowingly permitte any poisonous! no3ious or polluting matter to be present at the place from which it is likely! in the opinion of the 7gency! to enter controlle waters "ause or knowingly permitte any poisonous! no3ious or polluting matter to be present in any controlle waters? or "ause or knowingly permitte amage to be cause to any controlle waters$

The works notice shoul specify the works or operations nee e to! as the case may be! prevent poisonous! no3ious or polluting matter entering controlle waters! or where it has to remove an ispose of it from the water an the measures nee e to reme y or mitigate any pollution! an so far as practicable to restore the waters! inclu ing flora an fauna epen ent on the a#uatic

environment! to their original state$ /efore serving the notice the 7gency shoul make reasonable efforts to consult the responsible person on the works to be un ertaken$ 7 works notice may not be serve on an operator in respect of water from mines or part of a mine aban one before =) December )KKK$ The +nvironment 7gency%s Policy an Pui ance on the 6se of 7nti9Pollution Works -otices provi es gui ance on the interface an overlap between the powers containe in s.1(1 of the Water Cesources 7ct an those in Part //: ,contaminate lan . of the +nvironmental Protection 7ct )KK($ Where lan has been i entifie as being contaminate an is potentially affecting controlle waters! Part 557 of the +P7 re#uires the service of a reme iation notice? the 7gency will usually use its powers to serve a works notice to eal with historic pollution$ The :nti.Pollution Works 3egulations 1,,, ,05 )KKKD)((B! as amen e in '((K. covering +nglan an Wales were brought into force on 'K 7pril )KKK.! an in -orthern 5relan on 'K January '((= ,S3 %&&-'#.$ 0imilar '((= Cegulations were revoke in 0cotlan on ) 7pril '((B with their provisions now covere in the Water +nvironment ,"ontrolle 7ctivities. ,0cotlan . Cegulations '()) ,SS/ %&11'%&,.$ The Cegulations specify the content of the works notice an outline appeal proce ures in respect of such notices$ 7s well as the name an a ress of the person on whom the notice is being serve ! an i entifying the controlle waters to which the notice applies! the notice shoul specify:

,in the case of a potential pollution inci ent. escribe the nature of the risk to controlle waters! i entifying the controlle waters which may be affecte an the place from which the matter in #uestion is likely to enter those waters? ,in the case of an actual pollution inci ent affecting controlle waters! or amage cause to controlle waters.! escribe the nature an e3tent of the pollution or amage! i entifying the controlle waters affecte by such pollution or amage? the works or operations to be carrie out to reme y the situation! an the perio within which each action specifie in the notice must be carrie out? that the person on whom the notice is serve has a right of appeal to the 0ecretary of 0tate within ') ays from the ate the notice is receive ? the 7gency%s entitlement to recover costs in carrying out its investigations? conse#uences of non9compliance with a works% notice? i$e$ that it is an offence which on summary conviction may result in a fine not e3cee ing T'(!((( an Dor three months imprisonment? conviction on in ictment may result in up to two years imprisonment an Dor a fine$ Where a notice has not been complie with the 7gency may carry out the work an recover the costs an e3penses incurre $ The +nvironmental "ivil 0anctions >r er '()( ,+: S/ %&1&'11)#? W: WS/ %&1&'1+%1< W.1#+. enables the +7 to impose a variable monetary penalty in respect of non9compliance with a works%notice 8 see also P!7 1.*.*82.$

Works -otices are not suspen e uring etermination of an appeal? in sen ing written notice of appeal to the 0ecretary of 0tate! the appellant shoul sen relevant ocuments an shoul state whether the appeal is to be etermine by written representations or a hearing? in the former case the 7gency has ): ays to respon to any en#uiries from the 0ecretary of 0tate regar ing the matter$ Where a person is re#uire to grant rights of entry to a person on whom a works notice has been serve in or er that that person can comply with the notice! compensation is payable? the Cegulations eal with the way in which compensation payments are to be calculate $ The Ran s Tribunal etermines isputes over compensation payments$ "opies of works notices! appeals an relevant ocumentation an appeal ecisions! as well as convictions un er the Cegulations are hel on the pollution control register maintaine by the +nvironment 7gency$

11.1& Water Framework Directive . Scotland

Part ) of the Water Environment and Water Services 8Scotland9 :ct %&&- ,W+W0.! provi es the framework for implementing the +6 Water Framework Directive ,see 11.# a2ove. an in so oing:

+stablishes a new system of management an planning for 0cotlan %s water environment! lochs! coastal waters an groun waters? 5ntro uces a re#uirement to control all impacts on the water environment to ensure Ggoo statusI of the waters by the ates specifie in the Directive$

The W+W0 7ct enables 0cottish 2inisters to create one or more river basin istricts for 0cotlan ! with special arrangements to be ma e for those catchment areas that cross the bor er with +nglan $ 0+P7 has a uty to promote the sustainable use of water an has lea responsibility for rawing up the river basin management plan ,C/2P.? it also has a uty to monitor the status of the water environment in each C/D an to prepare monitoring programmes$ The 7ct outlines the matters to be inclu e in the C/2P! as well as re#uirements relating to the setting of environmental ob&ectives an programme of measures in the C/2P$ 5n rawing up the plan! 0+P7 will be re#uire to consult other relevant authorities an intereste bo ies! an to have regar to their views$ To facilitate this process river basin istrict a visory groups are being establishe ! with at least one group for each river basin istrict$ The 7ct also empowers 0+P7 to raw up Gsub river basin plansI to eal with an i entifie nee or problem in a specific catchment area$ These sections of the 7ct were brought into force on ) June '((* by "ommencement >r er ,SS/ %&&)'%-)9! with the various elements of the Directive being implemente as follows:

The Water Environment and Water Services 8Scotland9 :ct %&&- 8Designation of Scotland 3iver Basin District9 7rder %&&- ,005 '((=DB)(.! which came into force on

'' December '((= esignate a single C/D for 0cotlan ,there are also two cross9bor er C/Ds with +nglan .$ The Water Environment 83egister of Protected :reas9 8Scotland9 3egulations %&&* ,005 '((:D*)B.! which came into force on '' December '((:! re#uire 0+P7 to establish a register of those areas within each river basin istrict re#uiring special protection! as re#uire by the Framework Directive$ The register! which can be accesse via 0+P7%s website! lists waters esignate un er the shellfish an freshwater fish Directives! the nitrates! habitats an wil bir s Directives an the waste water Directive$ The Water Environment 8Drinking Water Protected :reas9 8Scotland9 7rder %&&# ,005 '((@D*'K.! revoking SS/ %&&)'++. i entifies on maps surface an groun waters use for the abstraction of more than )(m= per ay rinking water or which serve more than *( persons! or are inten e for such use? the >r er an the maps can be accesse via the Scottis" 0overnment we2site$ The Water Framework Directive 80roundwater 6uality9 Directions %&&) re#uire 0+P7 by '' June '((;! to prepare an submit to 0cottish 2inisters for their approval proposals for threshol values for pollutants! groups of pollutants or in icators of pollution for groun waters that have been characterise as being at risk of failing to achieve goo chemical status by '()*? an by '' December '((;! to i entify any significant an sustaine upwar tren s in pollutant concentrations or in icators ,see also 11.1# 2elow.$ 5n carrying out its functions relate to both the WFD an the "ontrolle 7ctivities Cegulations! t"e Scotland 3iver Basin District 8Surface Water >ypology< Environmental Standards< !ondition 5imits and 0roundwater >"res"old ?alues9 Directions %&&, an t"e Solway >weed 3iver Basin District 8Surface Water >ypology< Environmental Standards< !ondition 5imits and 0roundwater >"res"old9 8Scotland9 Directions %&&, re#uire 0+P7 to assign a GtypeI to each of the waters within the 0cotlan river basin istrict! an to apply environmental stan ar s accor ing to the assigne type! both as set out in 0che ules attache to the Directions$ >"e Scotland 3iver Basin District 8!lassification of Water Bodies9 Directions %&&, an t"e Solway.>weed 3iver Basin District 8!lassification of Water Bodies9 8Scotland9 Directions %&&, re#uire 0+P7 to classify the water status of every bo y of surface water an of groun water in accor ance with 0che ules attache to the Directions$ They also re#uire 0+P7 to i entify an assess the risks to the #uality of water inten e for human consumption in every rinking water protecte area! also in accor ance with a 0che ule attache to the Directions$ >"e Water Environment 83elevant Enactments and Designation of 3esponsi2le :ut"orities and Functions9 8Scotland9 7rder %&11 ,005 '())D=B;! revoking 005 '((;D'B=.: this re#uires 0cottish 2inisters an 0+P7 to carry out their functions un er various other 7cts an Cegulations so as to ensure compliance with the Framework Directive an the W+W0? it also esignates certain public bo ies as responsible authorities in respect of their functions relating to the water environment$

0tatutory consultees in 0cotlan inclu e: 0cottish -atural Heritage? 0cottish Water? responsible authorities with functions e3ercisable in or in relation to the C/D? local authorities! istrict salmon fishery boar ! national park authorities within the C/D affecte by the consultation? an any other persons representative or who might have an interest$

11.1&.1 3iver Basin 4anagement 0+P7%s 3iver Basin 4anagement Planning Strategy! publishe in December '((*! outline a ministrative arrangements for the pro uction of the C/2P! inclu ing opportunities for public participation an consultation! as well as measures for the integration an coor ination of the C/2P with other plans an planning$ Pui ance an policy ocuments relating to the WFD are available on SEP:1s we2site$ SS/ %&&#')-& brought into force on ): December '((@ implements various sections of the '((= 7ct relating to the submission! review an approval of C/2Ps$ 0+P71s river 2asin management plan has now been approve by 0cottish 2inisters an was publishe on 0+P71s website by the ue ate of '' December '((K$ The plan envisages @)< of all water bo ies being in a goo or better con iton by '()*! rising to K;< by '('@$ 0+P7 has publishe for consultation a raft supplementary plan which focuses on improving the physical con ition of 0cotlan 1s water environment to help meet the ob&ectives of the C/2P ,consultation closes '@ February '()=.$ 0+P7 an the +nvironment 7gency%s &oint 3B4P for t"e Solway >weed river 2asin has also been approve an publishe on the 7gencies1 websites ,see a2ove 11.,.*.$ 0+P7 is now seeking views from water management bo ies an businesses ,consultation closes '; February '()=. on the evelopment of the secon cycle of river basin management planning! with a &oint consultation with the +nvironment 7gency covering the 0olway Twee river basin$

11.1&.% !ontrolled :ctivities 3egulations The Water +nvironment ,"ontrolle 7ctivities. ,0cotlan . Cegulations '()) ,SS/ %&11'%&,. came into force on =) 2arch '()) replacing an revoking '((* Cegulations ,005 '((*D=:;. as amen e ! reg$ ' of the Water +nvironment ,Diffuse Pollution ,0cotlan . Cegulations '((; ,005 '((;D*:. an reg$ : of the Water +nvironment ,Proun water O Priority 0ubstances. ,0cotlan . Cegulations '((K ,005 '((KD:'(.$ The controlle activities regime ,"7C. began coming into force on ) July '((*! taking full effect on ) 7pril '((B when it became an offence to carry out controlle activities without an appropriate "7C authorisation$ The Cegulations apply to abstractions! impoun ments! as well as point source ischarges! an

aim to ensure compliance with the pollution control aspects of the Water Framework Directive 8 see 11.# a2ove$ The transitional provisions of the Cegulations ,reg. )* A sc"edule 1&. were brought into force partly on ) July '((* an ) >ctober '((* to enable the transfer of e3isting consents un er ">P7 to the new regime by =) 2arch '((B$ 0+P7 is responsible for authorising controlle activities an for enforcement of the Cegulations$ From ) 7pril '((B all new ,i$e$ begun on or after ' July '((*. point source ischarges! abstractions! impoun ments , ams! weirs etc. an engineering works re#uire a "7C authorisation! by way of licence! registration or general bin ing rules! epen ing on the activity$ The Cegulations provi e for a consent system for all activities likely to cause pollution of the water environment! inclu ing point source ischarges liable to cause pollution to groun water! wetlan s! rivers! lochs! estuaries an coastal waters! an isposal onto lan of liste substances an other matter likely to cause pollution of groun water! as well as any other activity liekly to cause a irect or in irect a verse effect on the water environment$ The Cegulations also control abstraction an impoun ment of water an control buil ing! engineering an other works ,in or near waterbo ies. which can have an a verse impact on the physical #uality of a#uatic habitats$ The Cegulations o not apply to any activity for which a licence is re#uire un er Part // of the Foo an +nvironment Protection 7ct )K;* or Part * of the 2arine Ricensing ,0cotlan . 7ct '()($ The Water Environment 83elevant Enactments9 7rder %&&( ,005 '((BD**:.! which came into force on ): December '((B! i entify "7C as a relevant enactment for the purposes of the Water Environment and Water Services 8Scotland9 :ct %&&- ,W+W0.! which implements the Water Framework Directive$ Thus the re#uirement in the W+W0 for 0cottish 2inisters an 0+P7 to Hhave regar to the social an economic impact of the e3ercise of their functions% applies also to "7C? this esignation also ensures that they will e3ercise their functions un er "7C to ensure compliance with the Water Framework Directive! as well as promoting sustainable floo management an sustainable evelopment in carrying out their functions$ Fees an charges in relation 0+P71s functions un er the "7C are levie un er the Water +nvironment ,"ontrolle 7ctivities. Fees an "harges ,0cotlan . 0cheme$ 7s well as a Practical Pui e to the Cegulations! 0+P7 has pro uce a range of guidance ocuments on various aspects of the "7C regulatory regime$ Pui ance is also available on the interface between "7C an planning an evelopment issues$

!:3 :ut"orisations

There are three levels of authorisation 8 by licence! registration or general 2inding rules! with the latter not re#uiring to be notifie to 0+P7 ,see below.$ The regime for authorisation by registration or licence is similar to that for other environmental licences an permits? in both cases con itions attache to the authorisation shoul ensure protection of the water environment? where the activity falls within the provisions of the 0roundwater Directive ,see 11.1( 2elow.! con itions shoul be attache to ensure compliance with it$ The Cegulations also enable SEP: to impose an alternative level of authorisation if it is of the opinion this woul be more appropriate$ 0+P7 may also issue a consolidated aut"orisation for controlle activities carrie on by the same responsible person or operator$ 7pplications for "7C authorisations will normally be etermine by 0+P7! with 0cottish 2inisters having powers to direct 0+P7 to refer specifie classes of! or in ivi ual! applications to them for etermination either with or without local in#uiry$ 7pplication fees! subsistence charges etc for activities covere by the Cegulations are specifie in the Water +nvironment ,"ontrolle 7ctivities. Fees an "harges ,0cotlan . 0cheme$ 0ince January '()( 0+P7 has use its !ompliance :ssessment Sc"eme to assess compliance with licences etc for point source an water resources activities$ This assesses compliance across a range of areas an enables poorly performing operators to be charge more than well run operations! thus reflecting the amount of regulatory time nee e $ 0uidance for operators of a2stractions and impoundments has been publishe by 0+P7$

a9 5icensed :ctivities

7n application for a licence shoul be submitte to 0+P7 with the appropriate fee$ 7s well as full etails of the activity an other information re#uire by 0+P7! it shoul i entify the Lresponsible personL ,CP. 8 i$e$ the person or corporate bo y with responsibility for ay9to9 ay operations! an who will be responsible for compliance with the con itions of the licence$ Ricence applications will normally be determined by 0+P7 within four months$ The Cegulations o however provi e for Laccelerate eterminationL of applications ,as well as variations an suspensions. in an emergency ,as efine in section 1 of the "ivil "ontingencies 7ct '((:. situation is likely? 0cottish 2inisters may also irect 0+P7 to treat a specifie event or situation as an emergency$ 5f 0+P7 consi ers that the controlle activity has or is likely to have a significant a verse impact on the water environment! it will by notice re#uire the applicant to advertise the application ,within '; ays.! specifying the content of the a vertisement an where it is to be place $ The a vertisement shoul state that any representations shoul be ma e to 0+P7 in writing within '; ays! an that these will be taken into account when etermining the application$ The Cegulations re#uire 0+P7 to notify t"ird parties who have ma e representations in respect of applications for authorisations or their variation or surren er of its ecision$ 5f a thir party ob&ects to 0+P7%s ecision they may! within ') ays of receiving the notice! notify 0cottish

2inisters who may re#uest SEP: to forward the application to them for etermination$ 0cottish 2inisters may also irect 0+P7 to forwar to them either specifie classes of application! or a particular application! for their etermination$ 7n applicant may appeal to 0cottish 2inisters ,Sc"edule , sets out the proce ure. if a licence application is refuse ! or if they isagree with the con itions impose ? appeals may also be lo ge in relation to variations ,both regulator an operator initiate .! applications to transfer or surren er a licence! notices suspen ing or revoking licences 9 an isagreement with con itions to be impose ? an appeal may also be ma e in respect of a refusal by 0+P7 to consi er particular information as commercially confi ential which therefore shoul be left off the public register$ -otices in respect of 0+P79initiate variations o not take effect until the ay following etermination or with rawal of the appeal! an the same perio left before a ing information to the public register that 2inisters have etermine is not commercially confi entiali ,or the appeal is with rawn.$ Dispute con itions attache to an authorisation remain in force pen ing etermination of the appeal! as orevocation! suspension an enforcement notices$ The 0cottish Povernment has publishe a !ode of PracticeDirectorate for Planning and Environmental :ppeals setting out the proce ure for han ling environmental appeals where either a hearing or a local in#uiry is to be hel by a person appointe by 0cottish 2inisters 9 this will be a reporter from the 0cottish Povernment1s $ The Water Environment 8!ontrolled :ctivities9 8Scotland9 3egulations %&&) 8;otices in t"e /nterests of ;ational Security9 7rder %&&( ,05 '((BDBB)! 0$*. empower the 0ecretary of 0tate , efence. to issue a non9 isclosure or er relating to a controlle activity site if he is of the opinion that isclosure woul not be in the interests of national security 8 this woul cover a vertising of an application! inclusion on the public register etc$ "7C water licences ,an registrations. will be reviewed perio ically! with 0+P7 also having powers to vary an authorisation ,whether it has been reviewe or not. to remove! a or amen any of its con itions$ 0+P7 shoul give notice of its intention to vary an authorisation! an the ate the variation is to take effect ,not less than three months from the ate of the notice$ 7 responsible person or operator ,in the case of registration. may apply to 0+P7 for a variation of the authorisation 8 if 0+P7 agrees it will notify the CP or operator! etailing the variations an the ate ,not less than three months from the ate of the notice. these are to take effect$ Where a Cesponsible Person proposes to transfer the whole or part of a water licence to another person! application shoul be ma e by both to 0+P7 who will nee to be satisfie that the propose CP will be able to carry out the activity in compliance with the licence$ 0+P7 will normally etermine a transfer application within two months an if agree sen a copy of the amen e authorisation to the new CP! specifying the ate the transfer takes effect an the CP in respect of the authorisation$ For partial transfers! 0+P7 will issue a new authorisation covering the transferre activities to the new CP! an issue an amen e authorisation to the original CP$ 7n CP may apply to surrender all or part of a licence or regisration where it is inten e to cease an authorise activity or it has cease $ /efore agreeing to the surren er! 0+P7 will nee to be satisfie that all necessary steps have been taken to avoi risk of harm to the water environment an to return it to a state that will not cause the failure to meet an environmental ob&ective$ 7n

application to surren er all or part of an authorisation will normally be etermine within two months? in the case of a partial surren er! 0+P7 will! if it consi ers it necessary! issue a varie authorisation$ The Cegulations enable 0+P7 to serve a notice on an CP or operator suspending or revoking ,or partly revoking or suspen ing. an authorisation where it believes an operator is not complying with its terms! or continues not to o so following enforcement action 8 '; ays notice shoul be given$ 0+P7 may at any time lift the suspension ,or partly lift it. by notice to the CP? the notice shoul ! in the case of partial lifting! specify the e3tent to which the authorisation remains suspen e ! the ate on which the lifting or partial lifting takes effect! an the reasons for the lifting or partial lifting of the suspension$ 0+P7 may serve an enforcement notice on an CP or operator if it is of the opinion that a controlle activity is being carrie out in contravention of an authorisation! is having! has ha or is likely to have a significant a verse impact on the water environment or is causing! has cause or likely to cause a irect or in irect ischarge to groun water of any haAar ous substance or other pollutant$ The notice shoul specify the activity! its a verse impact! an the steps to be taken to prevent! mitigate or reme y the situation! an the time perio ? the notice may also re#uire cessation of the controlle activity for a specifie perio $ 0+P7 may revoke its notice once it is satisfie that the re#uire reme ial steps have been taken$ 0+P7 may if necessary carry out the necessary works itself if it consi ers it necessary to o so GforthwithI or no person on whom to serve the notice can be foun $ 5t may recover the costs from the CP or operator$ M0+P7 uses its compliance assessment sc"eme to assess compliance with the licensing of point source ischarges an abstractions an impoun ments un er "7C? the scheme! which began in '((K an replaces operator monitoring an assessment! aims to provi e a consistent framework an approach towar s compliance assessment! thus lea ing to a more consistent approach to enforcement$ 7s well as the regulator%s inspection! the overall result of assessment will be base on recor e information! monitoring results! complaints an inci ents an other relevant information! with charges pai by operators reflecting compliance assessment$ -ote 8 the scheme oes not cover the risk that the activity poses as con itions will have been attache to the permit or licence to ensure the risk is manage appropriately$ 7s well as assessing compliance with "7C licences! the scheme! is use to assess compliance with Part 7 an Part / permits! waste management licences an registrations an authorisations un er the Ca ioactive 0ubstances 7ct$N 0+P7 has a duty to maintain a public register with etails of all applications an actual authorisations! any notices an a vertisements un er the regulations! appeals! irections to 0+P7! monitoring information! an convictions for offences un er the Cegulations! cessation of authorise activity! etc$ 7n application may be ma e to 0+P7 for information to be omitte from the register on the groun s of commercial confi entiality 9 0+P7 must etermine such applications within '; ays or such longer perio as may be agree in writing an if no such etermination is receive then the information is automatically treate as commercially confi ential? where 0+P7 has etermine that information is not commercially confi ential! ') ays shoul be allowe before entering the information on the register$ The Cegulations also enable 0cottish 2inisters to direct SEP: that specifie information! espite being commercially

confi ential! be inclu e in the register in the public interest$ 4onitoring information relating to a controlle activity will be retaine on the register for si3 years! as will information relating to a controlle activity which has been superse e $

29 3egistration

"ontrolle activities that are not consi ere likely to have a significant a verse impact on the water environment are authorise on the basis of registration! with appropriate con itions$ 7n application for authorisation by registration shoul be submitte to 0+P7! with the appropriate fee? it shoul escribe the activity! its scale an location an will be treate as authorise once these particulars! an any con itions ,which shoul inclu e con itions to ensure compliance with the 0roundwater Directive.! have been entere on the public register$ 0uch applications will normally be etermine within -& days$ 7uthorisations by registration will be reviewed by 0+P7 from time to time to ensure that con itions etc are being complie with an remain appropriate$ 5f an operator inten s to cease an authorise activity! 0+P7 shoul be notifie of the ate as soon as it is known! an where an activity has alrea y cease ! within seven ays of cessation$ >ther aspects of the control regime! inclu ing advertisement of applications! t"ird party representations! accelerated determination proce ure in an emergency situation! variations! appeals proce ure! suspension an revocations! enforcement notices an pu2lic registers are similar to that for activities controlle by licence an are escribe above at ,a. Ricense 7ctivities$ ,-ote the Cegulations o not provi e for the transfer of a "7C registration to another responsible person or operator$.

c9 0eneral Binding 3ules

"ertain activities which are consi ere to present a low risk are controlle through Ggeneral 2inding rulesI ,P/Cs.? these are liste in Sc"edule - together with the LrulesL with which each activity must comply$ >perators of such activities are not re#uire to apply for formal authorisation as compliance with a P/C is consi ere as authorisation ,!:3 Practical 0uide.$ 0+P7 is re#uire to review the provisions of 0che ule = to ensure they remain appropriate an shoul make any recommen ations for changes to 0cottish 2inisters$ There are currently ': activities! an associate rules! covere by P/Cs 8 these range from the operation of weirs constructe before ) 7pril '((B or the placement of one or more boul ers in a river or burn! to abstraction from a borehole! an any subse#uent ischarge of the abstracte water where the total volume of water abstracte is less than )*( m= in any perio of one year? the laying of pipelineDcable by boring beneath the be an banks of a river! burn or itch an various agricultural activities$

0+P7 may impose a tional re#uirements or level of authorisation ,i$e$ re#uire it to be license or registere . on an activity operating un er P/Cs to protect the water environment$ M+arlier in '()'! 0+P7 consulte on propose amen ments to some P/Cs to help 0cotlan meet its target ,in its C/2Ps. of K@< of 0cotlan 1s water bo ies achieving goo or better status by '('@$N The provisions of "7C relating to variations! transfer or surren er of authorisation o not apply to activities operating un er P/Cs$

d9 !odes of Practice

0+P7 has issue three co es of practice un er the "7C! replacing those issue in '((= un er the )KK; Proun water Cegulations ,EE7 11.1#.! an reflecting the +6%s Water Framework Directive? evi ence of compliance with the "o es is not a efence in the event of a pollution inci ent::

>"e S"eep Dipping !ode of Practice ,v$)! July '((B. for 0cottish farmers! crofters an contractors provi es gui ance on preventing pollution of the water environment an applies to all operations before! uring an after sheep ipping! inclu ing purchase! transport an storage of sheep ip? siting an esign an use of ippers! use of mobile ippers! an ensuring authorise isposal of waste sheep ip$ !ode of Practice for installers< owners and operators of underground storage tanks 8A pipelines9 for liBuid "ydrocar2ons ,v$)! 2ay '((B. 8 this provi es practical gui ance on avoi ing risks to the water environment! inclu ing groun water$ !ode of Practice for owners and operators of Buarries and ot"er mineral eCtraction sites ,v$)! July '((B.$

11.11 Water Framework Directive . ;ort"ern /reland

The Water Environment 8Water Framework Directive9 3egulations 8;ort"ern /reland9 %&&- ,0C '((=D*::. were brought into force on )' January '((:$ They are similar to those applying in +nglan an Wales an establish four river basin istricts! three of which are cross9 bor er river basins with +ire$ The Water Framework Directive ,Priority 0ubstances an "lassification. Cegulations ,-orthern 5relan . '()) ,S3 %&11'1&9 came into force on ): February '())? they implement +6 Directive %&&+'1&)'E!. on environmental #uality stan ar s in the fiel of water policy an set out the classification schemes to be use in implementing the Water Framework Directive$ 7s such the Cegulations re#uire the Department of the +nvironment ,D>+. to

assign a type or types an to apply environmental stan ar s an 2iological 2oundary values in respect of rivers! lakes! transitional an coastal waters in accor ance with Sc"edule 1 ,part ). of the Cegulations ,reg. -.$ apply the stan ar s for priority substances an other angerous substances in accor ance with 0che ule ) 8Part %! Table =;. ,reg. *.$ re#uire classification of surface water ,ecological an chemical status! an ecological potential of heavily mo ifie an artificial bo ies of surface water. in accor ance with Sc"edule %! with the results reporte in the river basin management plan ,C/2P. ,reg. ).$ re#uire the classification of groun waters in accor ance with Sc"edule - to the Cegulations! with the results to be reporte in the C/2P ,reg. (.$

The Cegulations also enable the D>+ to esignate mi3ing Aones a &acent to points of ischarge where! provi e certain con itions are met! concentrations of one or more substance may e3cee the relevant stan ar s ,reg. #.$ The D>+ was re#uire to establish an inventory of emissions! ischarges an losses of all substances liste in Table =; of Part % of 0che ule ' for each river basin istrict by =) December '()' ,reg. +. 9 this has now been amen e ,S3 %&1%'**%9 to '' December '()=$ The Department of +nvironment is the lea authority for rawing up the river basin management plan for the river basin in the -orth? for the cross9bor er Civer /asin Disitricts ,C/Ds. it must where possible pro uce a single plan for each C/D in coor ination with the competent authority in the 0outh$ The timetable for implementation of the various elements of the Water Framework Directive is as set out at 11.+ a2ove$ 5n December '((K! the -orthern 5relan +nvironment 7gency publishe river basin management plans for the ;ort" Eastern< ;ort" Western and ;eag" Bann 3BDs. 7s well as outlining the current status of -orthern 5relan 1s waters! they etail measures aime at :@< of surface waters achieving at least goo status or goo ecological potential by '()*? the plans envisage almost )((< of groun waters achieving goo status by '(')$ 0tatutory consultees in -orthern 5relan inclu e: -orthern 5relan Water "ouncil! "ouncil for -ature "onservation an the "ountrysi e! istrict councils an harbour authorities in the area of the C/D? Department of 7griculture O Cural Development! Department of "ulture! 7rts O Reisure! Department for Cegional Development? an any other persons representative or who might have an interest$

11.11.1 Water :2straction and /mpoundment The Water 7bstraction an 5mpoun ment ,Ricensing. Cegulations ,-orthern 5relan . '((B ,S3 %&&('*+%.! which came into operation on ) February '((@! control the abstraction of fresh surface water an groun water an the impoun ment of fresh surface water to ensure

compliance with the Directive%s environmental ob&ectives for river basin istricts$ "ertain activities which represent a minimal risk to the water environment will generally nee to be notifie to the Department an to comply with con itions applying to the activity ,Sc"edule 1 to the Cegulations.? other activities posing a greater risk will re#uire authorisation by licence$ !"arges for abstraction an impoun ment licences are levie by the Department of the +nvironment un er :rticle %1 of the Water ,-orthern 5relan . >r er )KKK$

11.11.% :nti.Pollution Works 7rticles )B9)K of the Water 8;ort"ern /reland9 7rder 1,,, relate to the service of notices re#uiring persons to carry out anti9pollution works an operations$ The 7nti9Pollution Works ,-orthern 5relan . Cegulations '((= ,S3 %&&-'#.! which were brought into force on 'K January '((=! specify the content of the works notice an outline appeal proce ures in respect of such notices$ 7s well as the name an a ress of the person on whom the notice is being serve ! an i entifying the controlle waters to which the notice applies! the notice shoul specify:

,in the case of a potential pollution inci ent. the nature of the risk to controlle waters! i entifying the controlle waters which may be affecte an the place from which the matter in #uestion is likely to enter those waters? ,in the case of an actual pollution inci ent affecting controlle waters! or amage cause to controlle waters.! the nature an e3tent of the pollution or amage! i entifying the controlle waters affecte by such pollution or amage? the works or operations to be carrie out to reme y the situation! an the perio within which each action specifie in the notice must be carrie out? that the person on whom the notice is serve has a right of appeal to the 0ecretary of 0tate within ') ays from the ate the notice is receive $