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

Regulation 2(3)

SCHEDULE 1E+WDirective definitions

1.—(1) In the definitions in paragraph (2) (which derive from the WFD)—E+W

(a)a reference to an Article or Annex is a reference to an Article or Annex of the WFD (unless otherwise specified);

(b)a reference to a regulation is a reference to a regulation in these Regulations.

(2) The definitions are—

“aquifer” means a subsurface layer or layers of rock or other geological strata of sufficient porosity and permeability to allow either a significant flow of groundwater or the abstraction of significant quantities of groundwater;

“body of groundwater” means a distinct volume of groundwater within an aquifer or aquifers;

“body of surface water” means a discrete and significant element of surface water such as a lake, a reservoir, a stream, river or canal, part of a stream, river or canal, a transitional water or a stretch of coastal water;

“coastal water” means surface water on the landward side of a line, every point of which is at a distance of one nautical mile on the seaward side from the nearest point of the baseline from which the breadth of territorial waters is measured, extending where appropriate up to the outer limit of transitional waters;

“direct discharges of pollutants into groundwater” means the discharge of pollutants into groundwater without percolation through the soil or subsoil;

“ecological status” is an expression of the quality of the structure and functioning of aquatic ecosystems associated with surface waters, classified in accordance with Annex V and such Directions as the appropriate authority may give to the appropriate agency;

“good ecological potential” means the status of an artificial or heavily modified water body classified as such in accordance with the relevant provisions of Annex V and such Directions as the appropriate authority may give to the appropriate agency;

“good ecological status” means the status of a body of surface water classified as such in accordance with the relevant provisions of Annex V and such Directions as the appropriate authority may give to the appropriate agency;

“good groundwater status” means the status of a body of groundwater when both its chemical and quantitative status are at least good;

“good groundwater chemical status” means the chemical status of a body of groundwater which meets all the conditions set out in table 2.3.2 of Annex V;

“good surface water chemical status” means the chemical status required to meet the environmental objectives for surface waters under regulation 13(2), that is the chemical status achieved by a body of surface water in which concentrations of pollutants do not exceed the environmental quality standards established by the table of priority substances, and under other relevant EU legislation setting environmental quality standards at EU level;

“groundwater” means all water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil;

“groundwater status” is the general expression of the status of a body of groundwater, determined by the poorer of its quantitative status and chemical status;

“hazardous substances” means substances or groups of substances that are toxic, persistent and liable to bio-accumulate, and other groups of substances which give rise to an equivalent level of concern;

“inland water” means all standing and flowing water on the surface of the land, and all groundwater on the landward side of the baseline from which the breadth of the territorial sea is measured;

“lake” means a body of standing inland surface water;

“pollutant” means any substance liable to cause pollution, including those listed in Annex VIII;

“pollution” means the direct or indirect introduction, as a result of human activity, of substances or heat into the air, water or land which may be harmful to human health or the quality of aquatic ecosystems or terrestrial ecosystems directly depending on aquatic ecosystems, which result in damage to material property, or which impair or interfere with amenities and other legitimate uses of the environment;

“priority substance” and “priority hazardous substance” means a substance identified as such in Annex X to the WFD;

“quantitative status” is an expression of the degree to which a body of groundwater is affected by direct and indirect abstractions;

“river” means a body of inland water flowing for the most part on the surface of the land but which may flow underground for part of its course;

“river basin” means the area of land from which all surface run-off flows through a sequence of streams, rivers and, possibly, lakes into the sea at a single river mouth, estuary or delta;

“surface water” means inland waters, except groundwater; transitional waters and coastal waters except in respect of chemical status for which it shall also include territorial waters;

“surface water status” means the status of a body of surface water, determined by the poorer of its ecological status and chemical status;

“transitional waters” means bodies of surface water in the vicinity of river mouths which are partly saline in character as a result of their proximity to coastal waters but which are substantially influenced by freshwater flow;

“water services” means all services which provide, for households, public institutions or any economic activity—

“water use” means water services together with any other activity identified as having a significant impact on the status of water in the analyses carried out under regulations 5 and 7 in accordance with Annex II.

Regulation 2(1)

SCHEDULE 2E+WEnactments in relation to which duties in regulation 3 apply

PART 1 E+WStatutes

1.  Section 2(2) of the European Communities Act 1972 M1.E+W

2.  The Salmon and Freshwater Fisheries Act 1975 M2.E+W

3.  Parts 2 and 2A of the Environmental Protection Act 1990 (waste on land and contaminated land) M3.E+W

4.  Part 4 of the Water Industry Act 1991 (sewerage services) M4.E+W

5.  Parts 2 to 5 and 7 to 9 of the Water Resources Act 1991 (water resources management; control of pollution of water resources; flood defence; general control of fisheries; land and works powers; information provisions; miscellaneous and supplemental) M5.E+W

6.  The Land Drainage Act 1991 M6.E+W

7.  The Environment Act 1995 M7.E+W

8.  Sections 3, 4, 10, 81 and 83 of the Water Act 2003 (abstraction and impoundment; duties to conserve water) M8.E+W

9.  Part 4 of the Marine and Coastal Access Act 2009 (marine licensing) M9.E+W

10.  The Flood and Water Management Act 2010 M10.E+W

11.  Section 61 of the Water Act 2014 (regulation of the water environment) M11.E+W

PART 2 E+WSubordinate instruments

12.  The Sludge (Use in Agriculture) Regulations 1989 M12.E+W

13.  The Urban Waste Water Treatment (England and Wales) Regulations 1994 M13.E+W

14.  The Water Protection Zone (River Dee Catchment) (Procedural and Other Provisions) Regulations 1999 M14.E+W

15.  The Control of Pollution (Oil Storage) (England) Regulations 2001 M15.E+W

16.  The Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003 M16.E+W

17.  The Urban Waste Water Treatment (England and Wales) (Amendment) Regulations 2003 M17.E+W

18.  The Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009 M18.E+W

19.  The Eels (England and Wales) Regulations 2009 M19.E+W

20.  The Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (England) Regulations 2010 M20.E+W

21.  The Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (Wales) Regulations 2010 M21.E+W

22.  The Natural Resources Body for Wales (Establishment) Order 2012 M22.E+W

23.  The Bathing Water Regulations 2013 M23.E+W

24.  The Nitrate Pollution Prevention (Wales) Regulations 2013 M24.E+W

25.  The Keeping and Introduction of Fish (Wales) Regulations 2014 M25.E+W

26.  The Keeping and Introduction of Fish (England and River Esk Catchment Area) Regulations 2015 M26.E+W

27.  The Control of Major Accident Hazards Regulations 2015 M27.E+W

28.  The Nitrate Pollution Prevention Regulations 2015 M28.E+W

29.  The Environmental Damage (Prevention and Remediation) (England) Regulations 2015 M29.E+W

30.  The Water Environment (Control of Pollution) (Oil Storage) (Wales) Regulations 2016 M30.E+W

31.  The Environmental Permitting (England and Wales) Regulations 2016 M31.E+W

Regulation 20(2)(a)

SCHEDULE 3E+WEU instruments for the protection of water

1.  Council Directive 91/271/EEC concerning urban waste-water treatment M32.E+W

2.  Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources M33.E+W

3.  Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora M34.E+W

4.  Council Directive 98/83/EC on the quality of water intended for human consumption M35.E+W

5.  Directive 2006/7/EC of the European Parliament and of the Council concerning the management of bathing water quality M36.E+W

6.  Directive 2006/118/EC of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration M37.E+W

7.  Directive 2008/105/EC of the European Parliament and of the Council on environmental quality standards in the field of water policy M38.E+W

8.  Directive 2009/147/EU of the European Parliament and of the Council on the conservation of wild birds M39.E+W

9.  Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) M40.E+W

10.  Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment M41.E+W

11.  Directive 2012/18/EU of the European Parliament and of the Council on the control of major-accident hazards involving dangerous substances M42.E+W

Regulation 39

SCHEDULE 4E+WConsequential amendments

The Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003E+W

1.—(1) The Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003 M43 are amended as follows.

(2) In regulation 2—

(a)in the definition of “the principal Regulations”, for “the Water Environment (Water Framework Directive) (England and Wales) Regulations 2003” substitute “ the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 ”;

(b)in paragraph (a) of the definition of “relevant function”, for “regulations 5 to 20” substitute “ regulations 5 to 36 ”.

(3) Regulation 5 is amended as follows—

(a)in paragraph (1A)—

(i)in sub-paragraph (a), for “regulations 2, 5 to 18, 19 and 20” substitute “regulations 2, 5 to 22, 24 to 36, 38 and Schedules 1 and 3;

(ii)in sub-paragraph (b), for “regulation 18A” substitute “ regulation 23 ”;

(b)in paragraph (2)(b), for “paragraphs (1A) and (1B)” substitute “ paragraph (2) ”;

(c)in paragraph (2C)—

(i)for “Regulation 7A” substitute “ Regulation 9 ”;

(ii)for “paragraph (7)” substitute “ paragraph (8) ”;

(d)in paragraph (3)—

(i)in the words before paragraph (a), for “Regulation 12” substitute “ Regulation 29 ”;

(ii)for sub-paragraph (c)(iv) substitute—

“(iv)after sub-paragraph (j) there were inserted—

“(ja)Scottish Water;””;

(iii)in sub-paragraph (d), for sub-paragraph (h) of the substituted paragraph (5) substitute—

“(h)“the relevant date”, in relation to a plan, means—

(i)if a period of time has been directed under regulation 27(1)(a), the date on which that period begins, or

(ii)otherwise, the date by which the Secretary of State is next required under regulation 31(5) to publish an updated plan;”;

(e)in paragraph (4), for “Regulation 13” substitute “ Regulation 30 ”;

(f)in paragraph (5)—

(i)for “Regulation 14” substitute “ Regulation 31 ”;

(ii)for “paragraph 3(a)” substitute “ paragraph 4(a) ”;

(g)in paragraph (6)—

(i)for “Regulation 17” substitute “ Regulation 33 ”;

(ii)for “the NRBW” substitute “ NRW ”.

(4) Regulation 6 is amended as follows—

(a)in paragraph (3)(b)(i) —

(i)for “regulation 14” substitute “ regulation 31 ”;

(ii)for “regulation 16” substitute “ regulation 32 ”;

(b)in paragraph (5), for “regulation 14” substitute “ regulation 31 ”.

The Flood Risk Regulations 2009E+W

2.—(1) The Flood Risk Regulations 2009 M44 are amended as follows.

(2) In regulation 8, for “the Water Environment (Water Framework Directive) (England and Wales) Regulations 2003” substitute “ the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 ”.

(3) In regulation 8A, for the words from “means” to the end, substitute “ has the same meaning as in the Water Environment Regulations ”.

(4) In regulation 21(2)—

(a)in sub-paragraph (a), for “regulation 8(2)(a) or (b)(ii) or (iv)” substitute “ regulation 10(2)(a) or 10(2)(b)(ii) or (iv) ”;

(b)in sub-paragraph (b), for “regulation 8(1)” substitute “ regulation 10(1) ”.

The Marine Strategy Regulations 2010E+W

3.  In Schedule 2 to the Marine Strategy Regulations 2010 M45, for “the Water Environment (Water Framework Directive) (England and Wales) Regulations 2003” substitute “ the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 ”.

The Bathing Water Regulations 2013E+W

4.—(1) The Bathing Water Regulations 2013 M46 are amended as follows.

(2) In regulation 5(2), for “the Water Environment (Water Framework Directive) (England and Wales) Regulations 2003” substitute “ the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 ”.

(3) In regulation 7(3)(a), for “the Water Environment (Water Framework Directive) (England and Wales) Regulations 2003” substitute “ the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 ”.

The London Underground (Northern Line Extension) Order 2014E+W

5.  In Part 3 of Schedule 8 to the London Underground (Northern Line Extension) Order 2014 M47, in paragraph 30(2), for “the Water Environment (Water Framework Directive) (England and Wales) Regulations 2003” substitute “ the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 ”.