The Surface Waters (Dangerous Substances) (Classification) Regulations 1992

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe a system of classifying the quality of relevant territorial waters, coastal waters and inland freshwaters.

The classification DS3 prescribed by the Regulations reflects the quality objectives specified in the Annex to Council Directive 90/415/EEC(1) which amends Annex II to Council Directive 86/280/EEC(2) on limit values and quality objectives for discharges of certain dangerous substances included in List I of the Annex to Council Directive 76/464/EEC(3).

The system of classification prescribed by the Regulations will be used for establishing quality objectives under section 83 of the Water Resources Act 1991. Sampling requirements are specified in regulation 3 and the Secretary of State will use his powers under section 5 of the Water Resources Act 1991 to direct the National Rivers Authority to sample and test waters to which classification DS3 applies in accordance with those requirements.

Regulation 4 modifies section 83 of the Water Resources Act 1991 for the purpose of complying with Community obligations arising under Council Directive 90/415/EEC. It imposes a duty on the Secretary of State to use his powers under section 83 to apply the classification DS3 to territorial waters up to three miles out, coastal waters and inland freshwaters. It also dispenses with the requirements of section 83(4) and (5) (representations and objections) in cases where the Secretary of State is performing that duty.

(1)

OJ No. L 219, 14.8.90, p.49.

(2)

OJ No. L 181, 4.7.86, p.16.

(3)

OJ No. L 129, 18.5.76, p.23.