The Protection of Water Against Agricultural Nitrate Pollution (England and Wales) (Amendment) Regulations 2006

Amendment to the Protection of Water Against Agricultural Nitrate Pollution (England and Wales) Regulations 1996

2.  The Protection of Water Against Agricultural Nitrate Pollution (England and Wales) Regulations 1996(1) are amended by inserting after regulation 6 (action programmes)—

“Preparation, etc of action programmes: public participation

6A.— (1) The relevant Minister shall—

(a) ensure that the public is given early and effective opportunities to participate in the preparation, review or revision of any action programme; and

(b) in doing so—

(i) ensure that the public is informed, by public notices or other appropriate means such as electronic media, about any proposals for the preparation, review or revision of an action programme;

(ii) ensure that information about such proposals is made available to the public, including information about the right to participate in decision-making in relation to those proposals;

(iii) ensure that the public is entitled to make comments before any decision is made on the establishment, review or revision of an action programme;

(iv) in making any such decision, take due account of the results of the public participation; and

(v) having examined any comments made by the public, make reasonable efforts to inform the public of the process of public participation that has taken place, and about the decisions taken in relation to the preparation, review or revision of an action programme and the reasons and considerations on which those decisions are based.

(2) In carrying out the functions mentioned in paragraph (1), the relevant Minister shall ensure that sufficient time is allowed to afford the public a reasonable period for response so as to participate effectively.

(3) Where, in carrying out those functions, the relevant Minister publishes any information, the information shall—

(a) be published in such manner as the relevant Minister considers appropriate for the purpose of bringing it to the attention of the public; and

(b) be made accessible to the public free of charge on a website maintained by the relevant Minister.

(4) The relevant Minister shall publish on that website the detailed arrangements made to enable public participation in the preparation, review or revision of an action programme, including—

(a) the address to which comments in relation to those proposals may be submitted; and

(b) the date by which such comments should be received.

(5) In this regulation “the public” includes such persons as appear to the relevant Minister, in relation to the action programme to which the Minister’s proposals relate to be representative of those who have, or carry on any business which has, an interest in water affected by pollution, or waters which could be affected by pollution if action pursuant to regulation 6 were not taken.”.

(1)

S.I. 1996/888; amended in relation to England by S.I. 2002/2614; there are other amending instruments but none is relevant.