I ASSENT Public Health PUBLIC HEALTH (WATER FRAMEWORK) RULES 2004
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1950-07
Subsidiary 2004/098Regulations made under s. 337 of the Public Health Act.
PUBLIC HEALTH (WATER FRAMEWORK) RULES 2004
(LN. 2004/098)
7.10.2004
Amending enactments
Relevant current provisions
Commencement date
LN. 2010/168 rr. 2(1), 10A, 10B, 11A, 17A, 19 Sch. 9 & 10 25.11.2010
2011/025 rr. 2, 7A, 9(3A), 9A, 10)(1A) & (5), 18, 20, 21, 22, Schs. 4A, 8A & 8B 17.3.2011
2011/218 r. 23 & Sch.11 27.10.2011 2015/144 rr. 2(1), 10A, 10AA, 10AB, 17(3), 17B,
19A, Sch. 8, 9, 10 14.9.2015 2016/007 r. 2(1) 14.1.2016 2016/025 r. 2(1) 11.2.2016 2016/097 Sch. 6 20.5.2016
EU Legislation/International Agreements involved: Directives 82/176/EEC Directive 83/513/EEC Directive 84/156/EEC Directive 84/491/EEC Directive 86/280/EEC
Directive 2000/60/EC Directive 2008/105/EC Directive 2009/90/EC Directive 2013/39/EU Directive 2014/101/EU
Public Health PUBLIC HEALTH (WATER FRAMEWORK) RULES 2004
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ARRANGEMENT OF RULES
1. Title. 2. Interpretation. 3. Duties. 4 Designation of river basin districts. 5. Characterisation of river basin district. 6. Economic analysis of water use in river basin district. 7. Bodies of water used for the abstraction of drinking water. 7A. Combined approach for point and diffuse sources. 8. Register of protected areas. 9. Monitoring programmes. 9A. Use of information gathered from monitoring. 10. Environmental objectives and programmes of measures. 10A. Environmental quality standards. 10AA. EQS Monitoring. 10AB. Priority substances tending to accumulate in sediment or biota. 10B Transboundary pollution. 11. River basin management plans. 11A. Mixing zones. 12. River basin district management plans: public information and
consultation. 13. River basin management plans: approval. 14. River basin management plans: review. 15. Supplementary plans. 16. Duty to have regard to river basin management plans and
supplementary plans. 17. Publication of information. 17A. Inventory of emissions, discharges and losses. 17B. Watch list. 18. Recovery of costs. 19. International coordination. 19A. Coordination. 20. Directions. 21. Appeal. 22. Offences by corporate bodies.
Miscellaneous
23.
SCHEDULE 1 Functional enactments.
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SCHEDULE 2 Map of Gibraltar River Basin District.
SCHEDULE 3 Characterisation etc.
SCHEDULE 4 Economic analysis.
SCHEDULE 4A This Schedule reproduces annex IX to the Directive.
SCHEDULE 5 Protected areas.
SCHEDULE 6 Water status.
SCHEDULE 7 Environmental objectives.
SCHEDULE 8 River basin management plans.
SCHEDULE 8A
SCHEDULE 8B This Schedule Reproduces Annex VIII of The Directive
SCHEDULE 9 Environmental Quality Standards for Priority Substances and Certain Other
Pollutants
SCHEDULE 10 List of Priority Substances in the Field of Water Policy
Schedule 11 Minimum performance criteria for methods of analysis and rules for
demonstrating the quality of analytical results
Public Health PUBLIC HEALTH (WATER FRAMEWORK) RULES 2004
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Subsidiary 2004/098
Public Health PUBLIC HEALTH (WATER FRAMEWORK) RULES 2004
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Subsidiary 2004/098
In exercise of the powers conferred on him by section 337 of the Public Health Act and all other enabling powers and in order to transpose Council Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy, the Governor has made the following Rules:
Title.
1. These Rules may be cited as the Public Health (Water Framework) Rules 2004.
Interpretation.
2.(1) In These Rules–
“aquifer” means a subsurface layer or layers of rock or other geological strata of sufficient porosity and permeability to allow either a significant flow of groundwater or the abstraction of significant quantities of groundwater;
“artificial water body” means a body of surface water created by human activity;
“available groundwater resource” means the long-term annual average rate of overall recharge of the body of groundwater less the long- term annual rate of flow required to achieve the ecological quality objectives for associated surface waters specified under Article 4 of the Directive, to avoid any significant diminution in the ecological status of such waters and to avoid any significant damage to associated terrestrial ecosystems;
“biota taxon” means a particular aquatic taxon within the taxonomic rank “sub-phylum”, “class” or their equivalent;
“BGTW” means British Gibraltar Territorial Waters which is the area of sea, the sea bed and subsoil within the seaward limits of the territorial sea adjacent to Gibraltar under British sovereignty and which, in accordance with the United Nations Convention on the Law of the Sea 1982, currently extends to three nautical miles and to the median line in the Bay of Gibraltar;
“body of groundwater” means a distinct volume of groundwater within one or more aquifers;
“body of surface water” means a stretch of coastal water;
“body of water” means a body of groundwater or a body of surface water;
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Subsidiary 2004/098 “coastal water” means surface water on the landward side of a line every
point of which is at a distance of 1 nautical mile on the seaward side from the nearest point of the baseline from which the breadth of the territorial waters is measured, and in the case of Gibraltar the territorial waters are BGTW;
“Competent Authority” means the Minister with responsibility for the environment;
“direct discharge to groundwater” means discharge of pollutants into groundwater without percolation throughout the soil or subsoil;
“the Directive” means Directive 2000/60/EC of 23rd October 2000 establishing a framework for Community action in the field of water policy as the same may be from time to time amended;
“Directive 2008/105/EC” means Directive 2008/105/EC of the European Parliament and of the Council of 16 December 2008 on environmental quality standards in the field of water policy, amending and subsequently repealing Council Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending the Directive, as amended from time to time;
“ecological status” is an expression of the quality of the structure and functioning of aquatic ecosystems associated with surface waters, classified in accordance with Annex V to the Directive and “good ecological status” is the status of a body of surface water, so classified in accordance with that annex;
“emission controls” are controls requiring a specific emission limitation, for instance an emission limit value, or otherwise specifying limits or conditions on the effects, nature or other characteristics of an emission or operating conditions which affect emissions (for the avoidance of doubt, use of the term “emission control” in these Rules in respect of the provisions of any other European Union directive shall not be held as reinterpreting those provisions in any respect);
“emission limit values” means the mass, expressed in terms of certain specific parameters, concentration and/or level of an emission, which may not be exceeded during any one or more periods of time and emission limit values may also be laid down for certain groups, families or categories of substances, in particular for those identified under Article 16 of the Directive.
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The emission limit values for substances shall normally apply at the point where the emissions leave the installation, dilution being disregarded when determining them. With regard to indirect releases into water, the effect of a waste-water treatment plant may be taken into account when determining the emission limit values of the installations involved, provided that an equivalent level is guaranteed for protection of the environment as a whole and provided that this does not lead to higher levels of pollution in the environment;
“environmental objectives” in relation to the river basin district means the objectives required to comply with Article 4 of the Directive as set out in Schedule 7 including any objectives required to comply with Article 7(2) and (3) of the Directive;
“environmental quality standard” means the concentration of a particular pollutant or group of pollutants in water, sediment or biota which should not be exceeded in order to protect human health and the environment;
“Gibraltar River Basin District” has the meaning given by rule 4;
“good ecological potential” is the status of a heavily modified or an artificial body of water, so classified in accordance with the relevant provisions of Annex V to the Directive;
“good groundwater chemical status” is the chemical status of a body of groundwater, which meets all the conditions set out in table 2.3.2 of Annex V to the Directive;
“good surface water chemical status” means the chemical status required to meet the environmental objectives for surface waters established in Article 4(1)(a) of the Directive, that is the chemical status achieved by a body of surface water in which concentrations of pollutants do not exceed the environmental quality standards established in Annex IX to, and under Article 16(7) of, the Directive, and under other relevant European Community legislation setting environmental quality standards at Community level;
“groundwater” means water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil;
“groundwater status” is the general expression of the status of a body of groundwater, determined by the poorer of its quantitative status and its chemical status and “good groundwater status” means the status
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achieved by a groundwater body when both its quantitative status and its chemical status are at least ‘good’;
“heavily modified water body” means a body of surface water which as a result of physical alterations by human activity is substantially changed in character, and is designated in accordance with the provisions of Annex II;
“inland water” means all standing or flowing water on the surface of the land, and all groundwater on the landward side of the baseline from which the breadth of territorial waters is measured, and in the case of Gibraltar the territorial waters are BGTW;
“matrix” means a compartment of the aquatic environment, namely water, sediment or biota;
“pollutant” means any substance liable to cause pollution, in particular those listed in Annex VIII to the Directive, which is reproduced for information purposes in Schedule 8B;
“pollution” means the direct or indirect introduction, as a result of human activity, of substances or heat into the air, water or land which may be harmful to human health or the quality of aquatic ecosystems or terrestrial ecosystems directly depending on aquatic ecosystems, which result in damage to material property, or which impair or interfere with amenities and other legitimate uses of the environment;
“priority substances” means the substances identified in accordance with Article 16(2) of the Directive and listed in Schedule 10 to these Rules;
“programme of measures” means the programme of measures required to comply with Article 11(2) to (6) of the Directive;
“protected area” has the meaning given by rule 8(2);
“quantitative status” is an expression of the degree to which a body of groundwater is affected by direct and indirect abstractions and “good quantitative status” is the status defined in table 2.1.2 of Annex V to the Directive;
“Regulation (EC) No 1107/2009” means Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC, as amended from time to time;
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Subsidiary 2004/098“Regulation (EU) No 528/2012” means Regulation (EU) No 528/2012 of
the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products, as amended from time to time;
“river basin” means the area of land from which all surface run-off flows through a sequence of streams, rivers and, possibly lakes into the sea at a single river mouth, estuary or delta;
“river basin district” means the area of land and sea together with its associated bodies of water which taken together is the unit for the management of the river basin, and in these Rules unless otherwise specified any reference to a river basin district shall be taken to be a reference to the Gibraltar River Basin District;
“river basin management plan” means such a plan approved by the Competent Authority under rule 13;
“supplementary plan” has the meaning given by rule 15;
“surface water” means inland waters, except groundwater; transitional waters and coastal waters except in respect of chemical status for which it shall also include territorial waters, and in the case of Gibraltar the territorial waters are BGTW.
“surface water status” is the general expression of the status of a body of surface water, determined by the poorer of its ecological status and its chemical status, and “good surface water status” means the status achieved by a surface water body when both its ecological status and its chemical status are at least “good”;
“water services” means all services which provide, for households, public institutions or any economic activity−
(a) abstraction, impoundment, storage, treatment and distribution of surface water or groundwater,
(b) waste-water collection and treatment facilities which subsequently discharge into surface water;
“water use” means water services together with any other activity identified under Article 5 of, and Annex II to, the Directive, having a significant impact on the status of water.
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(2) Any other expression used in both these Rules and the Directive has the same meaning for the purposes of these rules as it has for the purposes of the Directive unless the contrary is stated.
Duties.
3.(1) The Competent Authority must exercise its functions under these Rules and the enactments listed in Schedule 1 so as to secure compliance with the requirements of the Directive.
(2) The Competent Authority may appoint such persons as it deems appropriate to enable it to discharge any duty or obligation imposed by these Rules or for the achievement of the objectives of the Directive.
Designation of river basin districts.
4. The area within the River Basin District Boundary as delineated in the map in Schedule 2 is designated the Gibraltar River Basin District.
Characterisation of river basin district.
5.(1) The Competent Authority must in accordance with the provisions of Annex II of the Directive as set out in Schedule 3–
(a) carry out an analysis of the characteristics of the river basin district; and
(b) conduct a review of the impact of human activity on the status of surface water and groundwater in the river basin district,
by 22nd December 2004.
(2) The work required by paragraph (1) shall be updated by 22nd December 2013 and every six years after that date.
Economic analysis of water use in river basin district.
6.(1) The Competent Authority must carry out an economic analysis of water use in the river basin district by 22nd December 2004 in accordance with the requirements of Schedule 4.
(2) That analysis must be reviewed and updated by the Competent Authority by 22nd December 2013 and every six years after that date.
Bodies of water used for the abstraction of drinking water.
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7.(1) The Competent Authority must identify any body of water within the river basin district which–
(a) is used for the abstraction of water intended for human consumption and either-
(i) provides more than 10 cubic metres of such water per day, or
(ii) serves more than 50 persons, or
(b) is intended to be used as mentioned in paragraph (a).
(2) Where a body of water provides more than 100 cubic metres per day of water intended for human consumption that body of water shall be monitored in accordance with rule 9.
Combined approach for point and diffuse sources.
7A.(1) The Competent Authority shall ensure that all discharges into surface waters referred to in subrule (2) are controlled according to the combined approach set out in this rule.
(2) By 22 December 2012 at the latest, unless otherwise specified in the legislation concerned, the Competent Authority shall ensure the establishment and/or implementation of−
(a) emission controls based on best available techniques;
(b) relevant emission limit values; or
(c) in the case of diffuse impacts, controls including, as appropriate, best environmental practices set out in−
(i) Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control;
(ii) Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment;
(iii) Directives adopted pursuant to Article 16 of the Directive;
(iv) the Directives listed in Annex IX to the Directive (and which is reproduced for information purposes in Schedule 4A);
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(v) any other relevant Community legislation.
(3) Where a quality objective or quality standard, whether established pursuant to the Directive, in the Directives listed in Annex IX of the Directive, or pursuant to any other Community legislation, requires stricter conditions than those which would result from the application of subrule (2), more stringent emission controls shall be set accordingly.
(4) Where a permit or other authorisation has been issued under any enactment which is inconsistent with the provisions and objectives of this rule, the Competent Authority may amend the terms of that permit or authorisation through issue of directions pursuant to rule 20.
Register of protected areas.
8.(1) The Competent Authority must for the river basin district-
(a) by 22nd December 2004 prepare; and
(b) thereafter review and keep up to date,
a register of the protected areas lying (whether wholly or partly) within the river basin district.
(2) An area is a protected area if it falls within any of the classifications at subparagraphs 1(i) to 1(v) of Schedule 5.
Monitoring programmes.
9.(1) The Competent Authority must–
(a) establish programmes for monitoring water status in order to establish a coherent and comprehensive overview of water status within the river basin district; and
(b) take such other measures as may be necessary to give effect to the relevant monitoring provisions of the Directive.
(2) For surface water the monitoring programmes must cover–
(a) the volume and level or rate of flow to the extent relevant for ecological and chemical status and ecological potential; and
(b) the ecological and chemical status and ecological potential.
(3) For groundwater the monitoring programmes must cover monitoring of chemical and quantitative status.
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(3A) For protected areas the programmes referred to in subrules (2) and (3) shall be supplemented by those specifications contained in Community legislation under which the individual protected areas have been established.
(4) The monitoring programmes must be–
(a) established and carried out in accordance with the requirements of Schedule 6; and
(b) made operational by 22nd December 2006.
Use of information gathered from monitoring.
9A. Where monitoring or other data indicate that the environmental objectives set for the body of water are unlikely to be achieved, the Competent Authority shall ensure that−
(a) the causes of the possible failure are investigated;
(b) relevant permits and authorisations are examined and if appropriate modified through the issue of directions pursuant to rule 20;
(c) the monitoring programmes are reviewed and adjusted as appropriate; and
(d) such additional measures as may be necessary in order to achieve those environmental objectives are established, including, as appropriate, the establishment of stricter environmental quality standards following the procedures laid down in Annex V to the Directive.
(2) Where those causes are the result of circumstances of natural cause or force majeure which are exceptional and could not reasonably have been foreseen, in particular extreme floods and prolonged droughts, the Competent Authority may determine that additional measures are not practicable, subject to all the conditions in Article 4(6) of the Directive having been met.
Environmental objectives and programmes of measures.
10.(1) For the purposes of the river basin management plan for the river basin district the Competent Authority must prepare proposals for–
(a) the environmental objectives for the river basin district; and
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(b) a programme of measures to be applied in order to achieve those objectives.
(1A) The programme of measures referred to in subrule (1)(b)−
(a) shall include the basic measures specified in Article 11(3) of the Directive (which is reproduced for information purposes in Part I of Schedule 8A); and
(b) may include such supplementary measures specified in Article 11(4) of the Directive as read with Part B of Annex VI to the Directive as the Competent Authority considers to be appropriate having regard to environmental objectives, (Annex VI to the Directive is reproduced for information purposes on in Part II of Schedule 8A);
(c) may include such further supplementary measures as the Competent Authority considers appropriate in order to provide for additional protection or improvement of the waters covered by these Rules, including in implementation of the relevant international agreements referred to in Article 1 of the Directive.
(2) In preparing proposals under paragraph (1), the Competent Authority must–
(a) take account of the characterisation of and economic analysis of water used in the river basin district (and any review of the same) carried out under rules 5 and 6; and
(b) take such steps as it thinks fit to–
(i) provide opportunities for the general public and those persons likely to be interested in or affected by its proposals to participate in discussion and the exchange of information or views in relation to the preparation of those proposals;
(ii) publicise its draft proposals to those persons; and
(iii) consult those persons in respect of those proposals.
(3) The Competent Authority may, having considered any representations received in relation to those proposals–
(a) approve them, or any of them, in the form submitted;
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Subsidiary 2004/098(b) approve them, or any of them, with modifications; or
(c) reject them, or any of them;
and, in any case falling within sub-paragraph (b) or (c), must state its reasons for doing so.
(4) The Competent Authority must in accordance with Article 11 of the Directive ensure that a programme of measures is–
(a) established by 22nd December 2009;
(b) made operational by 22nd December 2012; and
(c) reviewed and if necessary updated by 22nd December 2015 and every six years after that date.
(5) Any new or revised measures established under an updated programme shall be made operational within three years of their establishment.
(6) In implementing a programme of measures the Competent Authority shall−
(a) take all appropriate steps not to increase pollution of marine waters; and
(b) without prejudice to existing legislation, ensure that the application of the measures does not on any account lead, either directly or indirectly, to increased pollution of surface waters,
save that this subrule shall not apply where it would result in increased pollution of the environment as a whole.
Environmental quality standards.
10A.(1) The Competent Authority must apply the Environmental Quality Standards (“EQS”) listed in Part A of Schedule 9 for bodies of surface water in accordance with the requirements laid down in Part B of that Schedule.
(2) In respect of the substances numbered 2, 5, 15, 20, 22, 23 and 28 in Part A of Schedule 9, the Competent Authority must implement the EQS listed in that Schedule-
(a) in accordance with the dates as specified in column (3A); and
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Subsidiary 2004/098 (b) with the aim of achieving good surface water chemical status in
relation to those substances by 22 December 2021 by means of programmes of measures included in the 2015 river basin management plan.
(3) In respect of substances numbered 34 to 45 in Part A of Schedule 9, the Competent Authority must, with effect from 22 December 2018, implement the EQS listed in that Schedule with the aim of achieving good surface water chemical status in relation to those substances by 22 December 2027 and preventing deterioration in the chemical status of surface water bodies in relation to those substances.
(4) Subject to subrule (5), the Competent Authority must -
(a) for substances numbered 5, 15, 16, 17, 21, 28, 34, 35, 37, 43 and 44 in Part A of Schedule 9 apply the biota EQS in column (8); and
(b) for all the other substances listed in Part A of Schedule 9, apply the water EQS in columns (4) to (7).
(5) The Competent Authority may, in relation to one or more categories of surface water, opt to apply an EQS for a matrix or, if applicable, a biota taxon other than that required to be applied by subrule (4) if the conditions in subrules (6) and (7) are met.
(6) The first condition is that the Competent Authority applies-
(a) the relevant EQS listed in Part A of Schedule 9; or
(b) where there is no equivalent EQS in Part A of Schedule 9 for the alternative matrix or biota taxon, establish an EQS that offers at least the same level of protection as an EQS established for a matrix or biota taxon listed in Part A of Schedule 9.
(7) The second condition is that–
(a) the method of analysis used for the chosen matrix or biota taxon fulfils the minimum performance criteria laid down in paragraph 3 of Schedule 11; or
(b) where the minimum performance criteria are not met for any matrix –
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(i) the monitoring is carried out using the best available techniques not entailing excessive costs; and
(ii) that method of analysis performs at least as well as that available for the matrix specified in subrule (4) for the relevant substance.
(8) For the purposes of subrule (3), the Competent Authority must–
(a) by 22 December 2018, establish and submit to the Commission a supplementary monitoring programme and a preliminary programme of measures covering those substances; and
(b) by 22 December 2021, establish a final programme of measures covering those substances which shall be implemented and made operational as soon as possible after that date and at the latest by 22 December 2024.
(9) Paragraphs 4 to 9 of Schedule 7 apply, with the necessary modifications, to the substances listed in subrules (2) and (3).
(10) Subrules (2) and (3) apply without prejudice to the obligations arising under Directive 2008/105/EC and, in particular, the achievement of good surface water chemical status in relation to the substances and the associated EQS listed in that Directive before it was amended by Directive 2013/39/EU.
EQS Monitoring.
10AA.(1) Where a potential risk to, or via, the aquatic environment from acute exposure to one of the substances listed in Part A of Schedule 9 has been identified as a result of measured or estimated environmental concentrations or omissions, and where a biota or sediment EQS is being applied, the Competent Authority must-
(a) also monitor surface waters; and
(b) where such EQS have been established, apply the MAC-EQS set out in Part A of Schedule 9.
(2) Where, pursuant to paragraph 4 of Schedule 11, the calculated mean value of a measurement, when carried out using the best available technique not entailing excessive costs, is referred to as “less than limit of quantification”, and the limit of quantification of that technique is above the EQS, the Competent Authority must not use the result for the substance being measured for the purposes of assessing the overall chemical status of that water body.
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Subsidiary 2004/098 (3) In relation to substances for which an EQS for sediment or biota (or
both) is applied, the Competent Authority must monitor the substance in the relevant matrix at least once every year, unless technical knowledge and expert judgment justify another interval.
(4) Subject to subrule (5), the Competent Authority may monitor the substances numbered 5, 21, 28, 30, 35, 37, 43 and 44 in Part A of Schedule 9 less intensely than is required for priority substances under subrule (3) and Schedule 6, provided that the monitoring is representative and a statistically robust baseline is available regarding the presence of those substances in the aquatic environment.
(5) Monitoring under subrule (4) must take place at least every three years, unless technical knowledge and expert judgment justify another interval.
Priority substances tending to accumulate in sediment or biota.
10AB.(1) The Competent Authority must arrange for the long-term trend analysis of concentrations of those priority substances listed in Part A of Schedule 9 that tend to accumulate in sediment or biota (or both), giving particular consideration to the substances numbered 2, 5, 6, 7, 12, 15, 16, 17, 18, 20, 21, 26, 28, 30, 34, 35, 36, 37, 43 and 44, on the basis of monitoring of surface water status carried out in accordance with rule 9.
(2) The Competent Authority must take such measures aimed at ensuring, subject to Schedule 7, that such concentrations do not significantly increase in sediment or relevant biota (or both).
(3) The Competent Authority must carry out monitoring under subrule (1) in sediment or biota (or in both) so as to provide sufficient data for a reliable long-term trend analysis and such monitoring should take place every three years, unless the Competent Authority’s technical knowledge and expert judgment justify another interval.
Transboundary pollution.
10B.(1) The Competent Authority shall not be in breach of its obligations under these Rules as a result of the exceedance of an EQS if it can demonstrate that
(a) the exceedance was due to a source of pollution outside Gibraltar;
(b) it was unable, as a result of such transboundary pollution, to take effective measures to comply with the relevant EQS; and
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Subsidiary 2004/098(c) it had applied the coordination mechanisms set out in Article 3
of the Directive and, as appropriate, taken advantage of the provisions of Article 4(4), (5) and (6) of the Directive for those water bodies affected by transboundary pollution.
(2) In a situation under subrule (1), the Competent Authority must use the mechanism laid down in Article 12 of the Directive to ensure that the Commission is provided with necessary information and a summary of the measures taken in relation to any transboundary pollution in the relevant river basin management plan in accordance with the reporting requirements under Article 15(1) of the Directive”.
River basin management plans.
11.(1) The Competent Authority must prepare a river basin management plan for the Gibraltar River Basin District which includes the matters specified in Part 1 of Schedule 8.
(2) The river basin management plan referred to in subrule (1) shall–
(a) be published by 22nd December 2009;
(b) reviewed and updated by 22nd December 2015 and every six years after that date.
Mixing zones.
11A.(1) The Competent Authority may designate mixing zones adjacent to points of discharge.
(2) Concentrations of one or more substances listed in Part A of Schedule 9 may exceed the relevant EQS within such mixing zones if they do not affect the compliance of the rest of the body of surface water with those standards.
(3) In designating the mixing zones, the Competent Authority must include in river basin management plans produced in accordance with rule 11 a description of
(a) the approaches and methodologies applied to define such zones; and
(b) measures taken with a view to reducing the extent of the mixing zones in the future, such as those measures taken pursuant to Article 11(3)(k) of the Directive or by reviewing
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relevant permits or prior regulations as referred to in Article 11(3)(g) of the Directive.
(4) In designating mixing zones the Competent Authority must ensure that the extent of any such zone is
(a) restricted to the proximity of the point of discharge; and
(b) proportionate, having regard to the concentrations of pollutants at the point of discharge and to the conditions on emissions of pollutants contained in the prior regulations, in accordance with the application of best available techniques and Article 10 of the Directive, in particular after those prior regulations are reviewed.
River basin district management plans: public information and consultation.
12.(1) The Competent Authority must in respect of the production of a river basin management plan–
(a) not less than three years before the beginning of the plan period, publish a statement of–
(i) the steps and consultation measures it is to take; and
(ii) the dates by which those steps and measures are to be taken;
(b) not less than two years before the beginning of the plan period, publish a summary of the significant water management issues which it considers arise in relation to the river basin district; and
(c) not less than one year before the beginning of the plan period, publish a draft plan.
(2) The Competent Authority must publish any matter required by subrule (1) to be published in a way calculated to bring it to the attention of persons likely to be affected by it and must–
(a) make copies of the statement, summary or draft plan accessible to the public;
(b) publish a notice–
(i) stating the fact of publication;
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the statement, summary or draft plan available for public inspection; and
(iii) stating that any person may within the period of six months beginning with the date of publication, or such longer period as the Competent Authority may direct, make representations to the Competent Authority in relation to the statement, summary or draft plan;
(3) The Competent Authority must take into account any representations relating to a statement, summary or draft plan published in accordance with subrule (1) which is received within such period as the Competent Authority has notified.
River basin management plans: approval.
13.(1) The Competent Authority may, having considered any representations received in relation to a river basin district management plan–
(a) approve it, in whole or in part and with or without modifications; or
(b) reject it,
and must state its reasons for doing so.
(2) Where the Competent Authority approves a plan it must publish the approved plan in a way calculated to bring it to the attention of persons likely to be affected by it and, in particular, must–
(a) make copies of the approved plan accessible to the public;
(b) publish a notice–
(i) stating that the plan has been approved; and
(ii) specifying the arrangements made for making copies of the plan accessible to the public.
River basin management plans: review.
14.(1) The Competent Authority must review and update a river basin management plan by no later than six years from the date on which it was approved under rule 13.
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(2) The revised plan must include the matters specified in Part 2 of Schedule 8, in addition to the matters required to be included by rule 11.
(3) Rules 11(1), 12 and 13 apply in relation to the preparation, submission and approval of a revised river basin management plan.
Supplementary plans.
15.(1) The Competent Authority may prepare such supplementary plans in relation to the river basin district as it thinks fit.
(2) A plan prepared under paragraph (1) may in particular relate to–
(a) a particular description of body of water;
(b) a particular catchment or geographical area;
(c) a particular matter relating to, or aspect of, the water environment;
(d) a particular description of user of water resources; or
(e) any combination of the above.
(3) The Competent Authority must consult such persons as it thinks fit about a proposed supplementary plan and must take into account any views expressed by those consulted.
Duty to have regard to river basin management plans and supplementary plans.
16. The Competent Authority, a person appointed under rule 3(2) and every other public body and officeholder must, in exercising any functions affecting the river basin district, have regard to–
(a) the river basin management plan as approved under rule 13;
(b) so far as relevant, any plan prepared under rule 15 for the purpose of supplementing the river basin management plan.
Publication of information.
17.(1) The Competent Authority must make accessible to the public–
(a) the results of the work required by rule 5;
(b) the results of the analysis conducted under rule 6;
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(d) the registers prepared under rule 8;
(e) the results of the programmes established under rule 9;
(f) the environmental objectives and programmes of measures proposed or approved under rule 10; and
(g) any supplementary plan prepared under rule 15.
(2) Where the Competent Authority receives a request for access to documents and information used for the development of the draft river basin management plan it shall make those documents in its possession accessible.
(3) The Competent Authority must ensure that the updated river basin management plan produced in accordance with rule 14 containing–
(a) the results and impact of measures taken to prevent chemical pollution of surface water; and
(b) the interim report describing progress in the implementation of the planned programme of measures in accordance with article 15(3) of the Directive,
is made available via a central portal which is accessible to the public electronically in accordance with regulation 4 of the Freedom of Access to Information on the Environment Regulations 2005.
Inventory of emissions, discharges and losses.
17A.(1) The Competent Authority must, on the basis of the information collected in accordance with rules 5 to 7, Regulation (EC) No 166/2006 and other available data, establish an inventory, including maps, if available, of emissions, discharges and losses of all priority substances and pollutants listed in Part A of Schedule 9 for the Gibraltar River Basin District or part of a river basin district lying within Gibraltar including their concentrations in sediment and biota, as appropriate.
(2) The Competent Authority must–
(a) ensure that the inventories established under subrule (1) are communicated to the Commission;
(b) update those inventories as part of reviews under rule 5(2); and
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(c) publish those updated inventories in its updated river basin plans under rule 11(2).
(3) The reference period for the establishment of –
(a) pollutant values to be entered in the inventories referred to in subrule (1) shall be one year between 2008 and 2010; and
(b) values in the updated inventories under subrule (2) shall be the year before the analysis is to be completed.
Watch list.
17B.(1) The Competent Authority must, at least once a year at a minimum of one monitoring station, monitor each substance in the watch list produced by the Commission under Article 8b(2) of Directive 2008/105/EC.
(2) For each substance included in the first watch list, the monitoring period must commence by 14 September 2015 or within six months of the establishment of the watch list, whichever is the later.
(3) For each substance included in any subsequent lists, the monitoring period must commence within six months of its inclusion in the watch list.
(4) In selecting the monitoring station, the monitoring frequency and timing of each substance, the Competent Authority shall take into account the use patterns and possible occurrence of the substance.
(5) The Competent Authority may opt not to undertake the additional monitoring under subrule (1) for a particular substance if–
(a) the Authority has sufficient, comparable, representative and recent monitoring data for the substance from existing monitoring programmes or studies; and
(b) the substance was monitored using a methodology that satisfies the requirements of the technical guidelines developed by the Commission in accordance with Article 8b(5) of Directive 2008/105/EC.
(6) The Competent Authority must ensure that the results of the monitoring carried out under subrule (1) are reported to the Commission –
(a) for the first watch list, within 21 months of the establishment of the watch list; and
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(b) for each substance included in subsequent lists, within 21 months of the inclusion of the substance in the watch list,
and every year thereafter while the substance is kept on the watch list.
(7) Any report made under subrule (5) must include information on the monitoring strategy and the representativeness of the monitoring station.
Recovery of costs.
18.(1) The Competent Authority must ensure that it takes account of the principle of recovery of the costs of water services (including environmental and resource costs) having regard to the economic analysis conducted in accordance with Schedule 4 and in accordance, in particular, with the polluter pays principle such that–
(a) water-pricing policies provide adequate incentives for users to use water resources efficiently, and thereby contribute to the environmental objectives of the Directive; and
(b) it results in an adequate contribution of the different water uses, disaggregated into at least industry, households and agriculture, to the recovery of the costs of water services.
(2) In applying subrule (1) the Competent Authority may have regard to the social, environmental and economic effects of the recovery as well as the geographic and climatic conditions of the region.
(3) River basin management plans made under these Rules shall report on the planned steps towards implementing subrule (1) which will contribute to achieving the environmental objectives of the Directive and on the contribution made by the various water uses to the recovery of the costs of water services.
International coordination.
19. For the purposes of Article 13(2) of the Directive the Competent Authority–
(a) shall be responsible for receiving and transmitting requests relating to any matter concerning these Rules; and
(b) is designated the contact point for any international information or coordination issues.
Coordination.
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19A.(1) Where the results of a report by the Commission under Article 7a of Directive 2008/105/EC shows that additional measures at European Union or Member State level may be necessary in order to facilitate compliance with the Directive in relation to a particular substance approved pursuant to Regulation (EC) No 1107/2009 or Regulation (EU) No 528/2012, the Competent Authority must apply Articles 21 or 44 of Regulation (EC) No 1107/2009 or Articles 15 or 48 of Regulation (EU) No 528/2012, as appropriate, to that substance, or products containing that substance.
(2) In applying the provisions of the Regulations referred to in subrule (1), the Competent Authority must take into account any risk evaluations and socio-economic cost or cost-benefit analyses required under those Regulations, including as regards the availability of alternatives.
Directions.
20.(1) The Competent Authority may issue directions where−
(a) these Rules require it to discharge a particular duty;
(b) where it is appropriate to secure compliance with these Rules or the Directive.
(2) A direction must be in writing, addressed to the person who is required to comply with it and state the time limits for compliance.
(3) A person who without reasonable excuse fails to comply with a direction or any part of it commits an offence and is liable on summary conviction to a fine up to level 3 on the standard scale.
Appeal.
21.(1) A person to whom a direction is addressed who is not satisfied with the direction or any part of it may appeal against the direction to the Magistrates’ Court within 7 days of the service of the direction upon him.
(2) Directions shall be stayed pending the determination of the appeal.
(3) In considering an appeal under subrule (1) the court will have regard to all the circumstances of the case including the reasons why the direction was required to be issued in those terms, and the court may uphold, quash or vary the direction as it deems fit.
Offences by corporate bodies.
22.(1) Where an offence under rule 20(3) has been committed by a body corporate and is proved to have been committed with the consent or
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connivance of, or to have been attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any other person purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members, subrule (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of a body corporate.
(3) A fine imposed on an unincorporated association on its conviction for an offence shall be paid out of the funds of the association.
(4) Where an offence under this Act committed by a partnership is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of a partner, he as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.
Miscellaneous
23. Where these Rules require the monitoring of water status, sediment and biota or the analysis of such results, that monitoring or analysis shall be undertaken in conformity with the rules and criteria set out in Schedule 11.
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(rule 3)
SCHEDULE 1
Functional enactments
1. Part III of the Public Health Act 2. Pollution Prevention and Control Act 2001 3. Landfill Act 2002 4. Public Health (Urban Waste Water Collection and Treatment)
Regulations 1999 5. Public Health (Quality of Bathing Water) Rules 1992 6. Public Health (Pollution of the Aquatic Environment) Rules 1994 7. Public Health (Potable Water) Rules 1994 8. Public Health (Groundwater) Rules1995
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(rule 4)
SCHEDULE 2
KEY
River Basin District Boundary
Metres
Government of GibraltarC
2000150010005000
Gibraltar River Basin District
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SCHEDULE 3
Characterisation etc.
This Schedule reproduces Annex II of the Directive.
1 SURFACE WATERS.
1.1. Characterisation of surface water body types.
Member States shall identify the location and boundaries of bodies of surface water and shall carry out an initial characterisation of all such bodies in accordance with the following methodology. Member States may group surface water bodies together for the purposes of this initial characterisation.
(i) The surface water bodies within the river basin district shall be identified as falling within either one of the following surface water categories - rivers, lakes, transitional waters or coastal waters - or as artificial surface water bodies or heavily modified surface water bodies.
(ii) For each surface water category, the relevant surface water bodies within the river basin district shall be differentiated according to type. These types are those defined using either ‘system A’ or ‘system B’ identified in section 1.2.
(iii) If system A is used, the surface water bodies within the river basin district shall first be differentiated by the relevant ecoregions in accordance with the geographical areas identified in section 1.2 and shown on the relevant map in Annex XI. The water bodies within each ecoregion shall then be differentiated by surface water body types according to the descriptors set out in the tables for system A.
(iv) If system B is used, Member States must achieve at least the same degree of differentiation as would be achieved using system A. Accordingly, the surface water bodies within the river basin district shall be differentiated into types using the values for the obligatory descriptors and such optional descriptors, or combinations of descriptors, as are required to ensure that type specific biological reference conditions can be reliably derived.
(v) For artificial and heavily modified surface water bodies the differentiation shall be undertaken in accordance with the
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descriptors for whichever of the surface water categories most closely resembles the heavily modified or artificial water body concerned.
(vi) Member States shall submit to the Commission a map or maps (in a GIS format) of the geographical location of the types consistent with the degree of differentiation required under system A.
1.2. Ecoregions and surface water body types
1.2.1. Rivers
Coastal Waters.
System A.
Fixed typology Descriptors
Ecoregion Ecoregions shown on map A in Annex XI
Type Altitude typology
high: >800 m mid-altitude: 200 to 800 m lowland: 100 to 1 000 km2 large: >1 000 to 10 000 km2 very large: >10 000 km2
Geology
calcareous siliceous organic
System B.
Alternative characterisation Physical and chemical factors that determine the characteristics of the river or part of the river and hence the biological population structure and composition
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Obligatory factors Altitude latitude longitude geology size
Optional factors distance from river source energy of flow (function of flow and slope) mean water width mean water depth mean water slope form and shape of main river bed river discharge (flow) category valley shape transport of solids acid neutralising capacity mean substratum composition chloride air temperature range mean air temperature precipitation
1.2.2. Lakes.
System A.
Fixed typology Descriptors
Ecoregion Ecoregions shown on map A in Annex XI
Type Altitude typology
high: >800 m mid-altitude: 200 to 800 m lowland: 100 to 1 000 km2 large: >1 000 to 10 000 km2
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very large: >10 000 km2
Geology
calcareous siliceous organic
System B.
Alternative characterisation Physical and chemical factors that determine the characteristics of the lake and hence the biological population structure and composition
Obligatory factors altitude latitude longitude depth geology size
Optional factors mean water depth lake shape residence time mean air temperature air temperature range mixing characteristics (e.g. monomictic, dimictic, polymictic) acid neutralising capacity background nutrient status mean substratum composition water level fluctuation
1.2.3. Transitional Waters.
System A.
Fixed typology Descriptors
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Ecoregion The following as identified on map B in Annex XI:
Baltic Sea Barents Sea Norwegian Sea North Sea North Atlantic Ocean Mediterranean Sea
Type Based on mean annual salinity