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The Nitrate Pollution Prevention (Wales) Regulations 2013

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Review of nitrate vulnerable zones

11.—(1) The Welsh Ministers must keep under review the eutrophic state of fresh surface waters, estuarial and coastal waters.

(2) Before 1 January 2017, and at least every four years subsequently, the Welsh Ministers must monitor the nitrate concentration in freshwaters over a period of one year—

(a)at sampling stations that are representative of surface water, at least monthly and more frequently during flood periods, and

(b)at sampling stations that are representative of groundwater, at regular intervals and taking into account the provisions of Council Directive 98/83/EC on the quality of water intended for human consumption(1),

except for those sampling stations where the nitrate concentration in all previous samples taken for this purpose has been below 25 mg/l and no new factor likely to increase the nitrate content has appeared, in which case the monitoring programme need be repeated only every eight years.

(3) At the end of each four year or eight year period at the latest the Welsh Ministers must—

(a)identify water that is or could be affected by pollution if the controls in these Regulations are not applied in that area, using the criteria in Annex I to Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources(2);

(b)identify land that drains into those waters, or water similarly identified in England, and that contributes to the pollution of those waters;

(c)take into account changes and factors unforeseen at the time of the previous designation; and

(d)if necessary revise or add to the designation of nitrate vulnerable zones.

(1)

OJ No. L330, 5.12.1998, p.32.

(2)

OJ No. L375, 31.12.1991, p.1 as last amended by Regulation (EC) 1137/2008 (OJ No. L311, 21.11.2008, p.1).

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