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PART 5MANAGEMENT OF BATHING WATERS

Management measures at bathing waters subject to pollution incidents

13.—(1) This regulation applies where the Department or a bathing water operator is aware of—

(a)a cyanobacterial proliferation which it considers may pose a risk to bathers’ health;

(b)a proliferation of macro-algae or marine phytoplankton which it considers is unacceptable or may pose a risk to bathers’ health;

(c)the presence of waste, including tarry residues, glass, plastic, or rubber; or

(d)any other incident, other than an incident of short-term pollution to which regulation 15 applies, that it considers may pose a risk to bathing water quality and bathers’ health.

(2) The Department shall, when it is so aware, promptly —

(a)consult the bathing water operator; and

(b)take, or cause to be taken, such Departmental management measures there as the Department considers adequate to protect bathers’ health.

(3) Where a bathing water operator is so aware it shall promptly —

(a)consult the Department;

(b)take such operator management measures there as it considers adequate to protect bathers’ health; and

(c)where necessary, remove the waste.