Citation and commencement

1.  These Regulations may be cited as the Surface Waters (Fishlife) (Classification) (Amendment) Regulations (Northern Ireland) 2003 and shall come into operation on 17th April 2003.

Amendment of the Surface Waters (Fishlife) (Classification) Regulations (Northern Ireland) 1997

2.  For regulation 7(5) of the Surface Waters (Fishlife) (Classification) Regulations (Northern Ireland) 1997(2) there shall be substituted –

“(5) Where the Department’s records show that the quality of any waters classified under these Regulations is appreciably higher for any parameter than the minimum required by these Regulations for waters of that class –

(a)the Department may decide that the frequency of sampling may be reduced for that parameter; and

(b)if there is no pollution or risk of deterioration in the quality of those waters, the Department may decide that no sampling for that parameter is necessary.”.

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Surface Waters (Fishlife) (Classification) Regulations (Northern Ireland) 1997 (“the principal Regulations”).

Regulation 7 of the principal Regulations allows for the sampling of waters classified under those Regulations to be reduced in frequency or dispensed with in certain circumstances. Regulation 2 of these Regulations clarifies that regulation by setting out the circumstances in which sampling may be reduced or dispensed with. Should those circumstances change, the decision to reduce or discontinue sampling must be revisited.

These Regulations, together with the principal Regulations, transpose in part the requirements of Directive 78/659/EEC on the quality of fresh waters needing protection and improvement in order to support fish life in relation to Northern Ireland (O.J. No. L222, 14.08.78, p. 1). Copies of the Directive may be obtained from The Stationery Office Ltd., 16 Arthur Street, Belfast BT1 4GD.