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Regulation 7 WaiversI1

Northern Ireland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Subject to the provisions of this regulation, the Department may waive any requirement to comply with the relevant limit value for any parameter in relation to waters classified under these Regulations or any standard adopted as a result of regulation 5 for any parameter in relation to any water classified under these Regulations if it considers it appropriate to do so—

(a)

as a result of any flood or other natural disaster;

(b)

in the case of any parameter marked (O) in Schedule 1, as a result of exceptional meteorological or geographical conditions;

(c)

where the waters undergo natural enrichment in certain substances as a result of which the waters would exceed the relevant limit value for that parameter;

(d)

in the case of a shallow lake or virtually stagnant surface water, for parameters marked with an asterisk in Schedule 1.

(2)

The Department shall not waive any requirement if that would result in a danger to public health.

(3)

Paragraph (1)(d) shall only apply in the case of a shallow lake where—

(a)

the depth of the lake does not exceed 20 metres;

(b)

the exchange of water is slower than a year; and

(c)

waste water is not discharged into the lake.

(4)

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.

Annotations

Commencement

I1

Reg. 7 in operation at 20.2.1997, see reg. 1