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The Nitrate Pollution Prevention Regulations 2015
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- UK Statutory Instruments
- 2015 No. 668
- PART 9
- Regulation 39
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Review [F1of the action programme] U.K.
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39.—(1) At least every four years, the Secretary of State must—
(a)review the effectiveness of the restrictions in nitrate vulnerable zones imposed by these Regulations as a means of reducing or preventing water pollution caused by nitrates from agricultural sources, and
(b)if necessary, revise the restrictions.
(2) In order to comply with the duty under paragraph (1), the Secretary of State must establish a monitoring programme to assess the effectiveness of the restrictions.
(3) When carrying out the review under paragraph (1)(a), the Secretary of State must take into account—
(a)available scientific and technical data, particularly with reference to respective nitrogen contributions originating from agricultural or other sources, and
(b)regional environmental conditions.
(4) When carrying out the review, the Secretary of State must ensure that the public are given early and effective opportunities to participate; and the Secretary of State must accordingly make adequate arrangements to enable the public to prepare and participate effectively.
(5) The Secretary of State must ensure—
(a)that the public are consulted about the proposals in light of the review and that relevant information about such proposals is made available to the public (including information about the right to participate in decision-making and about the body to which comments or questions may be submitted), and
(b)that the public are given an opportunity to express comments and opinions when all options are under consideration (and, accordingly, before decisions on the plans and programmes are made).
(6) The Secretary of State must identify those with an interest in being consulted, including non-governmental organisations promoting environmental protection.
(7) Having carried out consultation under this regulation, the Secretary of State must inform the public about—
(a)the decisions taken and the reasons for them, and
(b)the considerations upon which those decisions are based (including the participation by the public).
Textual Amendments
F1Words in reg. 39 heading inserted (31.12.2020) by The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 16(5); 2020 c. 1, Sch. 5 para. 1(1)
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