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Paragraph 2

In order to determine how to classify surface water bodies designated as heavily modified or artificial in accordance with paragraph 1, the Department must —

(a)

determine whether or not all practicable mitigation has been taken to improve the modified or artificial hydromorphological characteristics of the surface water body other than that which would have a significant adverse impact on:

(i)

the use served by the modified or artificial characteristics; or

(ii)

the wider environment.

(b)

estimate representative values of indicators of the condition of the relevant biological and physicochemical quality elements from monitoring or modelling results. The indicators shall include:

(i)

indicators of the biological quality elements which are not sensitive to the artificial or heavily modified characteristics of the water body;

(ii)

the concentrations of those specific pollutants likely to be in the surface water body in quantities that could cause a failure of a specific pollutant standard; and

(iii)

the values for those other physicochemical quality elements at risk of being so altered as to be failing a physicochemical standard.

(c)

compare the values of the indicators estimated from monitoring or modelling with the applicable standards in Schedule 1 of these Regulations.