The Water Environment (Floods Directive) Regulations (Northern Ireland) 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement Directive 2007/60/EC of the European Parliament and of the Council on the assessment and management of flood risks (O.J. No. L288, 6.11.2007, p.27) (“the Directive”). The Regulations—

(a)provide that the Department of Agriculture and Rural Development shall be the competent authority in Northern Ireland for the implementation of the Directive (regulation 3);

(b)require each Northern Ireland department, each district council, each water undertaker, each sewerage undertaker and certain other public bodies to exercise their relevant statutory functions in a manner which secures compliance with the requirements of the Directive and requires the Department of Agriculture and Rural Development (“the Department”) to ensure that the implementation of the requirements of the Directive is co-ordinated (regulation 4);

(c)require the Department to prepare by 22^nd December 2011 a preliminary flood risk assessment for the North Eastern river basin district and the part of each international river basin district shared with the Republic of Ireland which lies within Northern Ireland (regulation 5 and Schedule 2) – the North Eastern river basin district and the international river basin districts are identified under regulation 4 of the Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2003 (“the 2003 Regulations”) by reference to a map deposited at the offices of the Department of the Environment at Calvert House, 23 Castle Place, Belfast BT1 1FY; a copy of the map can be accessed at http://www.doeni.gov.uk;

(d)require the Department to review and, if necessary, update each preliminary flood risk assessment by 22^nd December 2018 and every six years thereafter (regulation 6);

(e)require the Department to make copies of the preliminary flood risk assessments available for public inspection (regulation 7);

(f)require the Department, on the basis of the preliminary flood risk assessments, to identify areas for which it concludes that potential significant flood risks exist or might be considered likely to occur (regulation 8);

(g)provide for the review by the Department of areas for which it has concluded that potential significant flood risks exist or might be considered likely to occur (regulation 9);

(h)require the Department to prepare by 22^nd December 2013, in accordance with the requirements of regulations 10 to 12, flood hazard maps and flood risk maps for the areas for which it has concluded that potential significant flood risks exist or might be considered likely to occur;

(i)require the Department, by 22^nd December 2019 and every six years thereafter, to review and, if necessary, update each flood hazard map and each flood risk map (regulation 13);

(j)require the Department to make copies of each flood hazard map and each flood risk map available for public inspection (regulation 14);

(k)require the development and subsequent reviews of flood hazard maps and flood risk maps to be co-ordinated with analysis and reviews under the 2003 Regulations (regulation 15);

(l)require the Department to prepare by 22^nd December 2015 a flood risk management plan for each river basin district or a set of such plans co-ordinated at the level of the district in accordance with the requirements of regulations 16 and 17 and Part 1 of Schedule 3; in the case of an international river basin district, the Department is required to ensure co-ordination with the relevant competent authority in the Republic of Ireland with the aim of preparing a single flood risk management plan or a set of such plans co-ordinated at the level of the international river basin district, but where this is not possible, the Department is required to prepare a flood risk management plan or a set of such plans for the part of the international river basin district lying within Northern Ireland;

(m)provide for the development and subsequent reviews of flood risk management plans to be co-ordinated with reviews of river basin management plans under regulation 15 of the 2003 Regulations (regulation 18);

(n)require the Department to take various steps to ensure public participation in the preparation of a flood risk management plan and to take into account any representations received in relation thereto (regulation 19);

(o)provide for the publication of a flood risk management plan (regulation 20);

(p)require the Department to review and, if necessary, update each flood risk management plan by 22^nd December 2021 and every six years thereafter (regulation 21 and Schedule 3);

(q)require public bodies to provide such information and assistance as the Department may reasonably seek in connection with the exercise of its functions under the Regulations (regulation 22); and

(r)enable the Department to give guidance to any public body on the implementation of the Directive (regulation 23).