A Manual of Environmental Protection Law: The Pollution Control Functions of the Environment Agency and SEPA

By Michael Fry | Go to book overview

Notes

1. Samples may be taken at intervals of four weeks where samples taken in previous years show that the waters are of an appreciably higher standard than that required for the classification in question and the quality of the waters has not subsequently deteriorated and is unlikely to do so.

2. Samples must be taken in relation to this parameter when there are grounds for suspecting that there has been a deterioration in the quality of the waters or the substance is likely to be present in the waters.


Explanatory Note
(This note is not part of the Regulations)

These Regulations prescribe a system of classifying the quality of relevant territorial waters, coastal waters and inland waters which are bathing waters. The classification BW1 prescribed by the Regulations reflects the mandatory standards laid down in the Annex to Council directive 76/160/EEC concerning the quality of bathing water.

The system of classification prescribed by the Regulations will be used for establishing quality objectives under section 105 of the Water Act 19891 for bathing waters (regulation 2 and Schedules 1 to 3). Paragraph 3 of Schedule 1 gives the Secretary of State power to grant derogations from certain requirements of the objectives in circumstances permitted by Article 8 of Council Directive 76/160/EEC. There are sampling requirements in Schedules 2 and 3 and the Secretary of State will use his powers under section 146 of the Water Act 19892 to direct the Environment Agency3 to sample and test waters to which classification BW1 applies in accordance with those requirements.

Regulation 3 imposes a duty on the Secretary of State to use his powers under section 105 of the Water Act 19894 to apply the classification BW1 to waters which are "bathing water" within the meaning of Council Directive 76/160/EEC. It also dispenses with the requirements of section 105(4) and (5)4 (representations and objections) in cases where the Secretary of State is performing that duty.

____________________
1
This reference has effect as a reference to s.83 of the Water Resources Act 1991, p.272 above: Water Consolidation (Consequential Provisions) Act 1991 (c.60), s.2, sch.2, para. 1.
2
This provision has been replaced by s.40 of the Environment Act 1995, p.451 above.
3
Words "the Environment Agency" substituted by the Environment Act 1995 (c.25), s.120, sch.22, para.233(1).
4
The references to s.105 have effect as references to s.83 of the Water Resources Act 1991, p.272 above: Water Consolidation (Conseqential Provisions) Act 1991 (c.60), s.2, sch.2, para.1.

-625-

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