The Protection of Water Against Agricultural Nitrate Pollution (Amendment) (Wales) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which amend, in relation to Wales, the Protection of Water Against Agricultural Nitrate Pollution (England and Wales) Regulations 1996 (S.I. 1996/888), (“the Principal Regulations”), make further provision relating to the implementation of Council Directive 91/676/EEC, concerning the protection of waters against pollution caused by nitrates from agricultural sources.

Regulation 3 of, and Schedule 1 to the Principal Regulations identified as nitrate vulnerable zones certain areas of land in England and Wales, including two zones (the Dyserth and Trelech zones) in Wales.

The amendments made by these Regulations designate further areas in Wales as nitrate vulnerable zones. The new regulation 3B and Schedule 1A, introduced into the Principal Regulations by these Regulations, designate as nitrate vulnerable zones those further areas, together with the areas already within designated zones in Wales. The new regulation 3C and Schedule 1B require the National Assembly for Wales (“the National Assembly”) to publish a notice in the press of the designation of new nitrate vulnerable zones and to deposit a copy of the map showing those zones with the relevant local authority and also to provide a copy to certain bodies representing interests which may be affected by the designation. The new regulation 3B(2) places a duty on the National Assembly to review and if necessary revise or add to the areas designated as nitrate vulnerable zones in Wales, at least every four years.

The new Regulation 3D enables any person who has an interest in land designated under the amended Regulations (and which was not already designated) to require a mandatory re-assessment by the National Assembly of the inclusion of that land in the zone.

There are a number of minor amendments to the Principal Regulations, as they apply to Wales.

Regulation 3 of these Regulations provides that the amendments to the Principal Regulations are not to affect anything done under or in reliance on the Principal Regulations prior to those amendments taking effect.