The Water Environment (Water Framework Directive) (England and Wales) Regulations 2003 (revoked)

River basin management plans: public participation U.K.

12.—(1) The [F1 appropriate agency] must in respect of the production of a river basin management plan—

(a) not less than three years before the beginning of the plan period, publish a statement of—

(i) the steps and consultation measures [F2 the appropriate agency is to take] in connection with the preparation of the plan; and

(ii) the dates by which those steps and measures are to be taken;

(b) not less than two years before the beginning of the plan period, publish a summary of the significant water management matters [F3 which the appropriate agency considers] arise for consideration in relation to the river basin district; and

(c) not less than one year before the beginning of the plan period, publish a draft plan.

(2) The [F1 appropriate agency] must publish any matter required by paragraph (1) to be published in such manner as the [F1 appropriate agency] considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it and must—

(a) make copies of the statement, summary or draft plan accessible to the public free of charge through its website and at its principal office and each of its principal regional offices;

(b) publish a notice—

(i) stating the fact of publication;

(ii) specifying the arrangements made for making copies of the statement, summary or draft plan available for public inspection; and

(iii) stating that any person may make representations to the [F1 appropriate agency] in relation to the statement, summary or draft plan;

(c) consult the persons referred to in paragraph (4);

(d) take such steps as [F4 the appropriate agency thinks fit], or the appropriate authority may direct, to provide opportunities for the general public and the persons referred to in paragraph (4) to participate in discussion and the exchange of information or views in relation to the preparation of the draft plan; and

(e) invite the public and the persons referred to in paragraph (4) to make representations in relation to the draft plan.

(3) A notice required by paragraph (2)(b) must be published—

(a) in the London Gazette; and

(b) at least once in each of two successive weeks, in one or more newspapers circulating in the river basin district to which the plan relates.

(4) The persons to be consulted are—

(a) the appropriate authority;

(b) the [F5 Water Services Regulation Authority];

(c) the appropriate nature conservation bodies;

(d) every local authority any part of whose area is within the river basin district;

(e) every local planning authority any part of whose area is within the river basin district;

(f) where any part of the river basin district has been designated as a National Park, the National Park authority for that National Park;

(g) the harbour authority for each harbour in the river basin district;

(h) every navigation authority having functions in relation to any part of the river basin district;

(i) every water undertaker or sewerage undertaker any part of whose area is within the river basin district;

[F6 (j) [F7 “any inshore fisheries and conservation authority for an inshore fisheries and conservation district any part of which lies within the river basin district;]]

(k) such persons as appear to the [F1 appropriate agency], in relation to the river basin district—

(i) to be representative of the interests of those carrying on any business which relies upon the water environment;

(ii) to have an interest in the protection of the water environment; or

(iii) to have an interest in the promotion of flood management; and

(l) such other persons as—

(i) the [F1 appropriate agency] thinks fit; or

(ii) the appropriate authority may direct.

(5) In this regulation—

(a) “appropriate nature conservation bodies” means the Joint Nature Conservation Committee and—

(i) in relation to a river basin district that is wholly in England, English Nature; [F8 and]

F9 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) in relation to a river basin district that is partly in England and partly in Wales, English Nature [F10 in relation to the part in England];

(b) “harbour” and “harbour authority” have the meanings given by section 57 of the Harbours Act 1964(1);

[F11 (ba) “inshore fisheries and conservation authority” means the inshore fisheries and conservation authority for an inshore fisheries and conservation district;

(bb) “inshore fisheries and conservation district” means an inshore fisheries and conservation district established by an order under section 149(1) of the Marine and Coastal Access Act 2009;]

(c) “local authority” means the council of any county, county borough, district or London borough, the Common Council of the City of London or the Greater London Authority;

F12 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) “local planning authority” has the meaning given by section 1 of the Town and Country Planning Act 1990(2);

(f) “navigation authority” has the meaning given by section 221(1) of the Water Resources Act 1991(3); and

(g) “the plan period”, in relation to a plan, means the period to which a direction under regulation 11(2)(a) requires it to relate.

(6) The [F1 appropriate agency] must take into account any representations relating to a statement, summary or draft plan published in accordance with paragraph (1) which are received by the [F1 appropriate agency] within the period of six months beginning with the date of publication or such longer period as the appropriate authority may direct.

Textual Amendments

F1 Words in reg. 12 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 181(2) (with Sch. 7)

F2 Words in reg. 12(1)(a)(i) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 181(3)(a) (with Sch. 7)

F3 Words in reg. 12(1)(b) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 181(3)(b) (with Sch. 7)

F4 Words in reg. 12(2)(d) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 181(4) (with Sch. 7)

F5 Words in reg. 12(4)(b) substituted (1.4.2006) by The Water Act 2003 (Consequential and Supplementary Provisions) Regulations 2005 (S.I. 2005/2035), regs. 1(5), 22

F6 Reg. 12(4)(j) substituted (1.4.2011) by The Marine and Coastal Access Act 2009 (Transitional and Savings Provisions) Order 2011 (S.I. 2011/603), art. 1(2), Sch. 2 para. 10(2)(a)

F7 Reg. 12(4)(j) omitted (W.) (1.4.2010) by virtue of The Marine and Coastal Access Act 2009 (Commencement No. 1, Consequential, Transitional and Savings Provisions) (England and Wales) Order 2010 (S.I. 2010/630), art. 1(2), Sch. 1 para. 7(a)

F8 Word in reg. 12(5)(a)(i) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 181(5)(a) (with Sch. 7)

F9 Reg. 12(5)(a)(ii) omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 181(5)(b) (with Sch. 7)

F10 Words in reg. 12(5)(a)(iii) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 181(5)(c) (with Sch. 7)

F11 Reg. 12(5)(ba)(bb) inserted (1.4.2011) by The Marine and Coastal Access Act 2009 (Transitional and Savings Provisions) Order 2011 (S.I. 2011/603), art. 1(2), Sch. 2 para. 10(2)(b)

F12 Reg. 12(5)(d) omitted (1.4.2011) by virtue of The Marine and Coastal Access Act 2009 (Transitional and Savings Provisions) Order 2011 (S.I. 2011/603), art. 1(2), Sch. 2 para. 10(2)(c)

Modifications etc. (not altering text)

C1 Reg. 12 applied (with modifications) (2.1.2004) by The Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003 (S.I. 2003/3245), regs. 1(1), 5(1)-(3) (as amended (3.3.2016) by The Water Environment (Water Framework Directive) (Northumbria and Solway Tweed River Basin Districts) (Amendment) Regulations 2016 (S.I. 2016/139), reg. 1(2), Sch. 1 para. 4)

(1)

1964 c. 40.

(2)

1990 c. 8; section 1 was amended by the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28), section 187(1) and Schedule 24, the Local Government (Wales) Act 1994 (c. 19), section 18 and Schedule 18, and the Environment Act 1995 (c. 25), sections 78 and 120 and Schedules 10 and 24.

(3)

1991 c. 57.