EUROPEAN COMMUNITIES Citation and commencement 1 This Order may be cited as the The Surface Waters (Fishlife) (Classification) Regulations (Northern Ireland) 1997 and shall come into operation on 5th January 1998. Interpretation 2 1 In these Regulations— “the department” means the Department of the Environment; and “pollution control functions” means the Department’s functions under or by virtue of the following statutory provisions, that is to say— the Water Act (Northern Ireland) 1972; the Water and Sewerage Services (Northern Ireland) Order 1973; Regulations made by virtue of section 2(2) of the European Communities Act 1972, to the extent that the Regulations relate to pollution of water. 2 Expressions used in these Regulations which are also used in Directive 78/659/EEC (quality of fresh waters needing protection or improvement in order to support fish life) shall have the same meaning as in that Directive. 3 The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly. Classification of waters 3 The classifications SW (“salmonid waters”) and CW (“cyprinid waters”), and the criteria for those classifications, set out in Schedule 1 shall apply for classifying fresh waters which need protection or improvement in order to support fish life. Compliance with relevant requirements 4 1 Subject to paragraphs (2) and (3), any waters classified under these Regulations shall be treated in relation to any period of 12 months as complying with the requirements specified in Schedule 1 for waters of the relevant class for any parameter if in that period in relation to those waters— a in the case of the parameter for pH, non-ionized ammonia, total ammonium, total residual chlorine or total zinc, 95 per cent of the samples taken for that parameter in accordance with regulation 7 comply with the requirements; b in the case of the parameter for temperature or dissolved oxygen, the percentage specified in that Schedule of samples taken for that parameter in accordance with regulation 7 comply with the requirements. 2 When the frequency of sampling is lower than 1 sample per month for any parameter mentioned in sub-paragraph (1)( a ) in relation to any waters classified under these regulations, 100 per cent of samples taken for each of those parameters in accordance with regulation 7 in relation to those waters must comply with the requirements specified in Schedule 1 for waters of the relevant class. 3 Non-compliant samples shall be ignored for the purposes of paragraph (1) if they are the result of a flood or any other natural disaster. Guideline values and no deterioration principle 5 In discharging its pollution control functions in relation to any waters classified under these Regulations, the Department shall— a endeavour to respect the guideline values and comments specified in Schedule 2 for waters of the relevant class; and b take into account the principle that implementation of measures taken pursuant to Directive 78/659/EEC may on no account lead, either directly or indirectly, to increased pollution of fresh water. Compliance with standards 6 1 Subject to paragraphs (2) and (3), any waters classified under these Regulations shall be treated in relation to any period of 12 months as complying with any standard for any parameter adopted by the Department for those waters as a result of regulation 5 if in that period in relation to those waters— a in the case of the parameter for BOD 5 , non-ionized ammonia, total ammonium, nitrites or dissolved copper, 95 per cent of of the samples taken for that parameter in accordance with regulation 7 comply with the standard; b in the case of the parameter for dissolved oxygen, the percentages specified in Schedule 2 of samples taken for that parameter in accordance with regulation 7 comply with the standard; c in the case of the parameter for suspended solids, the average concentration of samples taken comply with the standard. 2 When the frequency of sampling is lower than 1 sample per month for any parameter mentioned in paragraph (1)( a ) in relation to any waters classified under these Regulations, 100 per cent of samples taken for each of those parameters in accordance with regulation 7 in relation to those waters must comply if it is to be treated as meeting the standard adopted as a result of regulation 5. 3 Non-compliant samples shall be ignored for the purposes of paragraph (1) if they are the result of a flood or any other natural disaster. Sampling and Analysis 7 1 The Department shall ensure that waters classified under these Regulations are sampled and samples are analysed in accordance with the following provisions of this regulation. 2 Samples in relation to any waters classified under these Regulations shall always be taken at the same sampling point. 3 The Department shall fix the exact position of the sampling point, and the depth at which samples are to be taken, having regard in particular to— a the distance of the sampling point to the nearest point where pollutants are discharged; and b local environmental conditions. 4 Subject to paragraphs (5) and (6), sampling for any parameter shall be carried out at least at the minimum frequency specified in the Schedules for that parameter for waters of the relevant class. 5 Where the Department’s records show that the quality of any waters classified under these Regulations is appreciably higher for any parameter than the minimum required by these Regulations for waters of that class and the standards adopted as a result of regulation 5, the Department may reduce the sampling frequency for that parameter or, if there is no pollution and no risk of deterioration of their quality, it may dispense with sampling for that parameter altogether. 6 Where sampling shows that the requirements of regulation 4, or the standards adopted as a result of regulation 5 are not being complied with, the Department shall establish whether this is the result of chance, a natural phenomenon or pollution and shall adopt appropriate measures. 7 Samples for any parameter shall be analysed using the reference methods of analysis specified in the Schedules in relation to that parameter or methods which are at least as reliable as the reference methods. Derogations 8 1 The Department may derogate from the requirements of these regulations— a in the case of parameters marked (O) in the Schedules, because of exceptional weather or special geographical conditions; or b where waters classified under these Regulations undergo natural enrichment in certain substances as a result of which they do not comply with the requirements specified in Schedule 1 or with any standard adopted as a result of regulation 5 for waters of the relevant class. 2 In this regulation, “natural enrichment” means a process whereby without human intervention a given body of water receives from the soil certain substances contained therein. Modification of section 4C of the Water Act (Northern Ireland) 1972 9 Section 4C of the Water Act (Northern Ireland) 1972 shall have effect— a as if it imposed a duty on the Department to exercise the powers conferred on it by that section to classify these Regulations such waters as are appropriate for the purpose of giving effect to Directive 78/659/EEC ; and b in relation to the performance of that duty, as if subsections (4), (5) and (7) of that section were omitted. Programmes 10 The Department shall establish programmes in order to reduce pollution and to ensure that waters classified under these Regulations conform, within 5 years following classification, to the criteria set out in Schedule 1 and to the values adopted as a result of regulation 5. Transfrontier Consultation 11 1 Where the Department considers classifying for the purposes of these Regulations any fresh waters which cross or form part of the national frontier between Northern Ireland and the Republic of Ireland it shall consult with the competent authorities in the Republic of Ireland in order to determine the stretches of such waters which might be classified and the consequences to be drawn from common quality objectives. 2 The consequences referred to in paragraph (1) shall be determined by each State after formal consultations and the Commission may participate in any such consultations. Sealed with the Official Seal of the Department of the Environment on R. W. Rogers Assistant Secretary 12th November 1997.