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Regulation 7 Waivers

Original text. Later amendments are not shown.

(1)

Subject to the following provisions of this regulation the Secretary of State may waive any requirement to comply with the relevant limit value specified in Schedule 1 for any parameter in relation to waters classified under these Regulations if he 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 (0) 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 loch or virtually stagnant surface water, for parameters marked with an asterisk in Schedule 1.

(2)

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

(3)

Paragraph (1)(d) above shall only apply in the case of a shallow loch where–

(a)

the depth of the loch does not exceed 20 metres;

(b)

the exchange of water is slower than a year; and

(c)

waste water is not discharged in to the loch.

(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.