European Communities (Water Policy) Regulations, 2003

• Jurisdiction: Ireland
• Citation: IR SI 722/2003

Index
Article 1. Citation. 2. Interpretation. 3. General duty of public authorities. 4. Co-ordination, assistance and guidance by Minister. 5. River basin districts. 6. Competent authorities. 7. Characterisation of river basin district. 8. Register of protected areas. 9. Classification systems. 10. Monitoring programmes. 11. Cost Recovery. 12. Environmental objectives and programme of measures. 13. River basin management plan. 14. Public information and consultation on plan. 15. Progress reports. 16. River basin district advisory council. 17. Environmental quality standards for priority substances. 18. Criteria for assessment of groundwater. 19. Websites. 20. Supervision of public authorities by EPA.
First Schedule Relevant public authorities Second Schedule River basin districts
S.I. No. 722 of 2003
European Communities (Water Policy) Regulations 2003
The Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on him by section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving further effect to Directive 2000/60/EC(1) of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy hereby makes the following Regulations:
	Citation	1. These Regulations may be cited as the European Communities (Water Policy) Regulations, 2003.
	Interpretation	2. (1) Any reference to an article or Schedule is a reference to an article or Schedule of these Regulations and any reference to a subarticle, paragraph or subparagraph is a reference to a subarticle, paragraph or subparagraph of the provision in which the reference occurs.
(2) Any word or expression which is used in these Regulations and is also used in the Directive has the same meaning as in the Directive except where these Regulations provide otherwise.
(3) In these Regulations, save where the context otherwise requires -
“the Act of 1992” means the Environmental Protection Agency Act, 1992 (No. 7 of 1992);
“the co-ordinating authority”, in relation to a river basin district has the meaning assigned by article 6;
“the Directive” means Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy;
“the EPA” means the Environmental Protection Agency established under the Act of 1992;
“the European Commission” means the Commission of the European Communities;
“interested parties”, in relation to a river basin district includes persons who —
(a) are carrying on any business which relies upon the water environment in the district, or
(b) are carrying on any activities which have or are likely to have an impact on water status in the district, or
(c) have an interest in the protection of the water environment in the district whether as users of the water environment or otherwise;
“international river basin” means a river basin lying partly in the State and partly in Northern Ireland;
“international river basin district” means the combined river basin district areas in the State and in Northern Ireland in relation to an international river basin;
“local authority” means a city council or a county council;
“the Minister” means the Minister for the Environment Heritage and Local Government;
“the relevant local authorities”, in relation to a river basin district, means the local authorities whose functional areas lie wholly or partly within that river basin district;
“the relevant public authorities”, in relation to a river basin district, means the authorities and other bodies specified in the First Schedule, and
“river basin district”, in relation to an international river basin district, means that part of the international river basin district which lies within the State.
	General duty of public authorities	3. (1) It shall be the duty of every public authority to —
(a) exercise its functions in a manner which is consistent with the provisions of the Directive and which achieves or promotes compliance with the requirements of the Directive;
(b) take such actions as may be appropriate in the context of its functions to secure compliance with the Directive and with the provisions of any river basin management plan made, and any programme of measures established, in accordance with these Regulations;
(c) consult, co-operate and liaise with other public authorities and with the competent authorities in Northern Ireland in such a manner and to such extent as is necessary to ensure co-ordination of the requirements of the Directive for achievement of the environmental objectives in relation to the whole of each river basin district and international river basin district including requirements as to the analysis of its characteristics, the review of the impact of human activity on the status of surface waters and on groundwater, the monitoring of water status, the preparation of river basin management plans and the implementation of programmes of measures;
(d) provide such information appropriate to its functions as may be reasonably required by any other public authority for the purpose of compliance with the Directive and insofar as is practicable, provide such information, where so requested, in a form disaggregated by reference to river basin districts, river basins, sub-basins or such other areas as may be specified;
(e) encourage the active involvement of all interested parties in relation to the measures being taken by the authority for implementation of the Directive, and
(f) provide access to background documents and information used for the development of a draft river basin management plan.
(2) Without prejudice to the generality of subarticle (1), each of the public authorities specified in the First Schedule shall, if so requested by the EPA, send to the EPA within such period (being not less than one month) as may be specified by the EPA —
(a) the documents and information specified in paragraphs (i), (iii), (iv) and (v) of Annex l of the Directive in relation to the authority, and
(b) information as to the contact points and procedures by which interested persons may gain access to background documents and information used for the development of a draft river basin management plan.
	Co-ordination, assistance and guidance by Minister	4. (1) The Minister shall promote the co-ordinated implementation of the Directive across river basin districts and, together with the competent authorities in the State and in Northern Ireland, in relation to international river basin districts.
(2) The Minister may provide such assistance, including financial assistance, to the relevant public authorities as the Minister considers appropriate in relation to the discharge of their functions under these Regulations.
(3) The Minister may, following consultation with such (if any authorities or other persons as the Minister considers appropriate, issue guidance and general policy directions in relation to the implementation of these Regulations and subject to subarticle (4), the relevant public authorities shall have regard to any such guidance and directions.
(4) Subarticle (3) shall not be construed as enabling the Minister to exercise any power or control in relation to the performance in particular circumstances by a public authority of its statutory functions.
	River basin districts	5. (1) For the purposes of the Directive the State shall have areas known as river basin districts which shall be the areas set out in the Second Schedule.
(2) The EPA shall, not later than 22 June 2004, in relation to each river basin district:-
(a) prepare a precise description of the boundaries of the district;
(b) prepare a list of the main rivers in the district, and
(c) identify the individual river basins in the district.
(3) The information to be prepared for the purposes of subarticle (2)(a) is to be prepared in a form which is available for introduction into a geographical information system (GIS and/or the geographical information system of the European Commission (GISCO).
(4) A description prepared by the EPA of the boundaries of a river basin district shall, unless the contrary is shown, be deemed to be a true and accurate description of those boundaries and shall be accepted as such in all proceedings.
(5) The EPA shall consult and co-operate with the competent authorities in Northern Ireland for the purposes of subarticle (2 in relation to the preparation of descriptions and mapping of international river basin districts.
(6) The information prepared for the purposes of subarticle (2) in relation to a river basin district shall be sent not later than 22 June 2004 by the EPA to the Minister, the co-ordinating authority and the European Commission.
	Competent authorities	6. (1) The competent authorities specified in Article 3 of the Directive in relation to a river basin district are—
(a) the relevant local authorities acting jointly for the purposes of the establishment of environmental objectives and programmes of measures and the making of river basin management plans in accordance with articles 12 and 13, respectively, and
(b) the EPA for the purposes of reporting to the European Commission and for such other functions as are assigned to the EPA by these Regulations.
(2) The EPA shall take such measures as it considers appropriate to promote and facilitate the co-ordination of activities for the purposes of Articles 4, 5, 7, 10, 11 and 13 of the Directive.
(3) The EPA shall to send to the European Commission not later than 22 June 2004 the information required by Article 3(8) of the Directive in relation to...