The Nitrate Pollution Prevention (Wales) (Amendment) Regulations 2012

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and replace certain provisions in the Nitrate Pollution Prevention (Wales) Regulations 2008 (S.I. 2008/3143 (W.278)) (“the principal Regulations”) which relate to the designation of nitrate vulnerable zones.

The principal Regulations implement, in Wales, Council Directive 91/676/EEC concerning the protection of waters against pollution by nitrates from agricultural sources (OJ No L375, 31.12.1991, p.1).

The provision made by these Regulations relates to the review by the Welsh Ministers of the designation of nitrate vulnerable zones in 2009 by the principal Regulations. The review is required by regulation 11 of the principal Regulations.

Provision is made by these Regulations for the Environment Agency to make recommendations to the Welsh Ministers, for the Welsh Ministers to publish and notify the decisions they are minded to make following those recommendations, and for appeals to be made to the Welsh Ministers and determined by a person appointed by them.

Regulation 2 revokes and replaces regulation 2 of the principal Regulations. Regulation 2, as substituted, determines the application of the various parts of the principal Regulations following the substitution (by regulation 3 of these Regulations) of provisions within Part 2 of the principal Regulations.

Regulation 3 revokes and replaces regulations 7, 8, 9 and 10 of the principal Regulations.

Regulation 7 of the principal Regulations, as substituted, continues the designation of nitrate vulnerable zones made by the principal Regulations. It also provides for the Environment Agency to assist the Welsh Ministers in their review of the zones by making recommendations to them about the designation of areas as nitrate vulnerable zones, and for the Welsh Ministers to publish those recommendations they are minded to accept (with or without amendment) and to serve notice on owners and occupiers of affected land.

Regulation 8 of the principal Regulations, as substituted, replaces the appeal arrangements in Part 2 of the principal Regulations (which applied in relation to the designation of nitrate vulnerable zones in 2009). Provision is made for appeals to be made, on specified grounds and within a specified time limit, by persons who have been sent a notice under regulation 7. Requirements as to the form of appeals are imposed. Provision is made for appeals to be made to the Welsh Ministers, but for any submitted appeal to be remitted to a person appointed by the Welsh Ministers for consideration and determination.

Regulation 9 of the principal Regulations, as substituted, makes provision about the consideration and determination of appeals by the appointed person. This includes provision as to the procedure for the making of representations, the holding of an oral hearing in exceptional circumstances, the withdrawal of appeals, and costs.

Regulation 10 of the principal Regulations, as substituted, provides that the Welsh Ministers are bound by the determinations of the appointed person, and are to publish those determinations.

The Welsh Ministers' Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations