PART 6Water quality

CHAPTER 3Retention of functions from the Groundwater Directive

Power to make provision in relation to upward trends in groundwater pollutantsI131

1

The appropriate authority may, by regulations, make provision, for the purposes of retained EU law which implemented Article 5 of the Groundwater Directive—

a

about the procedure for identifying significant and sustained upward trends in pollutants (or indicators of pollutants) in bodies of groundwater (or groups of such bodies) that are characterised as being at risk;

b

about the requirements for reversing such trends.

2

The provision under paragraph (1)(a) may include, in particular, provision about the design of, and technical standards relating to, the monitoring programme for bodies of groundwater.

3

The provision under paragraph (1)(b) may include, in particular, provision about how the starting point for trend reversal is to be determined, and the monitoring requirements for the purposes of demonstrating trend reversals.

4

The provision which may be made under paragraph (1) includes—

a

requiring a reference to Annex 4 to the Groundwater Directive (or a reference which encompasses that Annex) to be read as a reference to that Annex with modifications;

b

amending provision corresponding to that made by Annex 4 to the Groundwater Directive.

5

Regulations under paragraph (1) may amend the WEWS Act or any subordinate legislation.

6

The appropriate authority may only exercise the power in paragraph (1) to the extent that the authority considers it is appropriate to do so as a result of scientific and technical progress.