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The Water Environment (River Basin Management Planning: Further Provision) (Scotland) Regulations 2013

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The Water Environment (River Basin Management Planning: Further Provision) (Scotland) Regulations 2013, Section 21 is up to date with all changes known to be in force on or before 19 August 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Criteria for assessing groundwater chemical statusF2F3S

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21.—(1) For the purposes of assessing the chemical status of each body of groundwater (or group of such bodies) under section 8 (monitoring) of the Act, SEPA must use the following criteria—

(a)groundwater quality standards in Annex I to the Groundwater Directive; and

(b)threshold values which the Scottish Ministers direct (in exercise of powers conferred by the Act or any other enactment) SEPA to apply for those purposes.

(2) Threshold values must be established in accordance with Annex II to the Groundwater Directive, based on the protection of the body of groundwater and having particular regard to its impact on, and interrelationship with, associated surface waters and directly dependent terrestrial ecosystems and wetlands and take into account human toxicology and ecotoxicology knowledge.

(3) Where new information indicates that, to protect human health and the environment, a new threshold value should be applied or a threshold value being applied should be revised, SEPA must submit to the Scottish Ministers proposals for a new or revised threshold value to be applied.

(4) The river basin management plan (or the next update of it) must include—

(a)the threshold values which apply for the purposes of paragraph (1);

(b)any changes to those threshold values since the plan was last approved; and

(c)F1...the information set out in Part C of Annex II to the Groundwater Directive.

F31972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46) (“the 1998 Act”), Schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c. 51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7), Schedule, Part 1. The functions conferred upon the Minister of the Crown under section 2(2), so far as they are exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.

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