Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Urban Waste Water Treatment (Amendment) Regulations (Northern Ireland) 2003 and shall come into operation on 30th May 2003.

(2) The Interpretation Act (Northern Ireland) 1954(3) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Amendment of the Urban Waste Water Treatment Regulations (Northern Ireland) 1995

2.—(1) The Urban Waste Water Treatment Regulations (Northern Ireland) 1995(4) shall be amended as follows.

(2) Regulations 3(3) and 12(b) shall be revoked.

(3) After regulation 3 there shall be inserted the following Regulations –

“Decisions taken on a review of sensitive areas or high natural dispersion areas

3A.—(1) Where the Department decides on a review under regulation 3(2) –

(a)that any area of water identified as a sensitive area or as a high natural dispersion area should no longer be identified as such; or

(b)that any area of water not previously identified as a sensitive area or as a high natural dispersion area should be identified as such,

it shall act in accordance with the provisions set out in paragraph (2).

(2) The Department shall before its decision takes effect –

(a)publish a notice of its decision and the date on which it takes effect –

(i)in the Belfast Gazette; and

(ii)on its web-site;

(b)ensure that revised maps are deposited at the offices of the Department in Calvert House, 23 Castle Place, Belfast BT1 1FY –

(i)reflecting the Department’s decision; and

(ii)indicating the date on which the decision takes effect; and

(c)take such other steps as it considers appropriate to publicise its decision.

(3) A decision on a review under regulation 3(2) takes effect from the date stated in the Department’s notice under paragraph (2)(a) and shall continue in force until a subsequent decision changing it following such a review takes effect.

Duty to maintain up to date information about sensitive areas and high natural dispersion areas

3B.—(1) The Department shall ensure that its web-site –

(a)shows maps of all areas of water currently identified as a sensitive area or as a high natural dispersion area; and

(b)gives the date on which any area of water was identified as a sensitive area or high natural dispersion area, or ceased to be so identified.

(2) The Department shall keep available at its offices in Calvert House, 23 Castle Place, Belfast BT1 1FY, at all reasonable times for inspection by the public free of charge –

(a)the maps showing sensitive areas and high natural dispersion areas deposited with the Environment Agency for the purposes of regulation 2; and,

(b)the information mentioned in paragraph (1)(b).”

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend the Urban Waste Water Treatment Regulations (Northern Ireland) 1995, (“the principal Regulations”) which transpose Council Directive 91/271/EEC concerning urban waste water treatment (“the Directive”). The principal Regulations make provision for the identification of sensitive areas and high natural dispersion areas and the regulation of urban waste water collection and treatment.

Regulation 2 amends the principal Regulations by inserting new regulations 3A and 3B. It also contains two consequential revocations.

Paragraphs (1) and (2) of regulation 3A place a duty on the Department to publish a notice of any decision on sensitive areas or areas of high natural dispersion under regulation 3(2) of the principal Regulations in the Belfast Gazette and on its web-site, to deposit maps of the area affected by such a decision at its office in Belfast, and to take such other steps as it considers appropriate to publicise its decision.

Paragraph (3) of regulation 3A specifies that a decision takes effect on the date specified in the Department’s notice published in the Belfast Gazette and continues in force until any subsequent decision changing it takes effect.

Regulation 3B places a duty on the Department to maintain, on its web-site, maps of current sensitive areas and high natural dispersion areas, and the dates on which such areas were identified or ceased to be identified, and to ensure that maps and other information are available at its offices to the public for inspection.