The Water Environment (Water Framework Directive) (England and Wales) Regulations 2017

Procedure for setting environmental objectives and programmes of measures

12.—(1) The appropriate agency must, by such date as the appropriate authority may direct, prepare and submit to the authority proposals for—

(a) environmental objectives for each river basin district, in accordance with regulation 13, and

(b) a programme of measures to be applied in order to achieve those objectives, in accordance with regulation 20.

(2) In preparing proposals under paragraph (1), the appropriate agency must—

(a) take account of the characterisation of, and economic analysis of water use in, the relevant river basin district carried out or updated under regulations 5 and 7, and

(b) take such steps as the appropriate agency thinks fit, or the appropriate authority may direct, to—

(i) provide opportunities for the general public and those persons likely to be interested in or affected by the appropriate agency’s proposals to participate in discussion and the exchange of information or views in relation to the preparation of those proposals,

(ii) publicise the appropriate agency’s draft proposals to those persons, and

(iii) consult those persons in respect of those proposals.

(3) The appropriate authority may, having considered any proposals for environmental objectives or for a programme of measures submitted to it and any representations received by the authority in relation to those proposals—

(a) approve them, or any of them, in the form submitted,

(b) approve them, or any of them, either with modifications or subject to such modifications as the authority may direct the appropriate agency to make, or

(c) reject them, or any of them.

(4) In any case falling within paragraph (3)(b) or (c), the appropriate authority must state its reasons.

(5) Where the appropriate authority rejects any proposals, it must direct the appropriate agency to resubmit proposals by such time as the direction may specify with—

(a) modifications of such nature as the direction may specify, and

(b) any further modifications which the appropriate agency considers appropriate.

(6) The appropriate authority must ensure that, for each river basin district, the environmental objectives and programme of measures are periodically reviewed and, where appropriate, updated—

(a) by 22nd December 2021, and

(b) subsequently, by 22nd December of the sixth year following that date and of each sixth year following that.

(7) Where a programme of measures is updated under paragraph (6), any new or revised measures must be made operational within three years of that updating.