The Water Protection Zone (River Dee Catchment) (Procedural and Other Provisions) Regulations 1999

Interpretation

2.—(1) In these Regulations—

“the Act” means the Water Resources Act 1991(1);

“local authority” in relation to England means a district council and in relation to Wales, means a county council or a county borough council;

“the River Dee Catchment Order” means the Water Protection Zone (River Dee Catchment) Designation Order 1999(2) and words and expressions used in these Regulations which are defined in that Order have the same meaning as in that Order.

(2) Any reference in these Regulations to the person in control of a site is a reference to the person having control of the site in connection with the carrying on by him of a trade, business or other undertaking (whether for profit or not).

(3) References in these Regulations to the area of a local authority lying downstream of a catchment control site, or to a downstream source of supply, shall be construed as meaning such an area or source of supply which is wholly or partly within the protection zone and which lies downstream of any inland waters in the vicinity of the catchment control site.

(4) References in these Regulations to the best available techniques not entailing excessive cost, in relation to a controlled activity, include (in addition to references to any technical means and technology) references to the number, qualifications, training and supervision of persons employed in the activity and the design, construction, lay-out and maintenance of the site within which it is carried on.

(5) For the purposes of these Regulations an application for protection zone consent shall be taken to have been made when each of the following events has occurred—

(a) the application has been served on the Agency in accordance with regulation 5(1); and

(b) any charge required to be paid in respect of the application pursuant to regulation 14 has been paid to the Agency and, for this purpose, lodging a cheque for the amount of a charge is to be taken as payment.

(1)

1991 c. 57; as amended by the Environment Act 1995 (c. 25).

(2)

S.I. 1999/915.