S.I. No. 293/1988 - European Communities (Quality of Salmonid Waters) Regulations, 1988.
S.I. No. 293 of 1988.
EUROPEAN COMMUNITIES (QUALITY OF SALMONID WATERS) REGULATIONS, 1988.
The Minister for the Environment in exercise of the powers conferred on him by section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving effect to the Council Directive of 18th July, 1978 (No. 78/659/EEC)* hereby makes the following Regulations:
*O.J. No. L222/1, 14 August, 1978.
1. These Regulations may be cited as the European Communities (Quality of Salmonid Waters) Regulations, 1988.
2. In these Regulations:—
any reference to a Schedule or article which is not otherwise identified is a reference to a Schedule or article of these Regulations;
any reference to a sub-article or paragraph which is not otherwise identified is a reference to a sub-article or paragraph of the provision in which the reference occurs;
"local authority" means the council of a county or the corporation of a county borough in whose functional area salmonid waters are located;
"the Minister" means the Minister for the Environment;
"salmonid waters" means the waters specified in the First Schedule;
"sampling" includes visual inspection, measurement, monitoring, tasting and analysis.
3 Salmonid Waters and Quality Standards
3. (1) The fresh waters specified in the First Schedule, being waters capable of supporting salmon (Salmo salar), trout (Salmo trutta), char (Salvelinus) and whitefish (Coregonus), are hereby designated as salmonid waters for the purposes of these Regulations.
(2) Salmonid waters shall meet the quality standards specified in the Second Schedule on the basis of and subject to the conditions so specified.
(3) Deviations from the standards referred to in sub-article (2) shall not be taken into consideration in determining conformity with these Regulations where the deviations are the result of floods or other natural disasters.
4 Sampling of Salmonid Waters
4. (1) A local authority shall, in accordance with this article, carry out, or cause to be carried out, sampling of salmonid waters in its functional area in respect of the parameters specified in the Second Schedule.
(2) Sampling locations and the depth at which samples are to be taken shall be determined by the local authority on the basis of local environmental conditions.
(3) (a) Subject to paragraph (b), sampling shall be carried out in the manner specified in Column 2 of the Third Schedule and at a frequency not less than the frequency so specified.
(b) Where sampling undertaken during the preceeding two years in relation to any of the parameters referred to in sub-article (1) has produced results which are appreciably better than the standard specified in Column 3 of the Second Schedule, sampling in relation to the parameter concerned may be—
(i) reduced to a frequency determined by the local authority and approved by the Minister, or
(ii) discontinued, with the approval of the Minister, where there is no risk of deterioration in the quality of the water.
(4) (a) As far as practicable, a local authority shall use the methods of analysis and inspection specified in Column 3 of the Third Schedule.
(b) Where other methods of analysis are used, a local authority shall ensure that the results obtained are equivalent to, or comparable with, results obtained by the methods specified in Column 3 of the Third Schedule.
(5) The Minister may from time to time issue recommendations to local authorities in relation to the performance of their functions under this article and local authorities shall have regard to any such recommendations.
(6) Results of sampling carried out under this article and reports on compliance with the standards specified in the Second Schedule shall be given to the Minister at two yearly intervals as soon as may be after the completion of sampling for the years concerned, or at such other intervals as may be determined by the Minister.
5 Duty of local authority to ensure compliance with standards
5. (1) Where salmonid waters do not comply with the standards referred to in article 3 (2), the local authority shall establish the reason for the non-compliance and, unless a departure has been granted under sub-article (2), adopt an action programme, comprising appropriate measures, to reduce pollution and to ensure that the standards are complied with.
(2) A departure from the standards referred to in article 3 (2) may be granted to a local authority by the Minister—
(a) in the case of the parameters temperature, pH and suspended solids — where exceptional weather or geographical conditions have arisen;
(b) where deviations from the standards have arisen because the waters concerned have undergone natural enrichment from the soil, without human intervention.
(3) An application for a departure under this article shall contain such information as may be specified by the Minister.
(4) The granting of a departure shall be subject to such conditions, if any, as the Minister may specify and shall have effect for such period as may be specified by the Minister.
6 Results of sampling
6. (1) Each local authority shall establish and maintain a register of the results of sampling carried out under article 4.
(2) The register shall be kept at the offices of the local authority and shall be made available for inspection by any person during office hours.
Salmonid Water Quality Standards
Frequency of Sampling and Methods of Analysis and Inspection
GIVEN under the Official Seal of the Minister for the Environment this 18th day of November, 1988.
Minister for the Environment.
These Regulations prescribe quality standards for salmonid waters and designate the waters to which they apply, together with the sampling programmes and the methods of analysis and inspection to be used by local authorities to determine compliance with the standards. The Regulations give effect to Council Directive No. 78/659/EEC of 18 July 1978, (O.J. No. L222/1, 14 August 1978) on the quality of fresh waters needing protection or improvement in order to support fish life.