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

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for implementing, in part, Article 2 of Directive 2003/35/EC of the European Parliament and of the Council on public participation in respect of drawing up certain plans and programmes relating to the environment (O.J. No. L156, 25.6.2003, p. 17). The programmes to which that Article applies include action programmes in relation to nitrate vulnerable zones designated under Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources (O.J. No. L375, 31.12.91, p. 1).

Regulation 2 amends the Protection of Water Against Agricultural Nitrate Pollution (England and Wales) Regulations 1996 (S.I. 1996/888, as amended), to require provision to be made for public participation in the preparation, review or revision of any action programme in England or Wales. Where an action programme relates to a nitrate vulnerable zone in England, that provision must be made by the Secretary of State; where an action programme relates to a nitrate vulnerable zone in Wales, that provision must be made by the National Assembly for Wales.

Regulation 3, which applies to England only, ensures that the new public participation obligations apply in relation to action programmes for the nitrate vulnerable zones in England designated by the Nitrate Vulnerable Zones (Additional Designations) (England) (No. 2) Regulations 2002 (S.I. 2002/2614).

A Regulatory Impact Assessment and a Transposition Note in relation to these Regulations have been prepared and placed in the library of each House of Parliament. Copies can be obtained from the Water Quality Division, Department for Environment, Food and Rural Affairs, 55 Whitehall, London SW1A 2HH.