S.I. No. 459/2001 - Quality of Shellfish Waters (Amendment) Regulations, 2001

1. These Regulations may be cited as the Quality of Shellfish Waters (Amendment) Regulations, 2001.

2. The Quality of Shellfish Waters Regulations, 1994 (

S.I. No. 200 of 1994

) are hereby amended by the deletion of sub-article (1) of article 5 thereof and the substitution therefor of the following

“(1) The Minister shall, in consultation with the relevant local or sanitary authority, establish an action programme to ensure conformity in relation to shellfish waters with the quality standards specified in the Third Schedule and the local or sanitary authority shall, on foot of such an action programme, take all necessary steps to secure and maintain conformity with those standards.”.

Dated this 9

th

day of October, 2001

DAN WALLACE

Minister of State at the Department of the Environment and Local Government

Explanatory Note

(This note is not part of the Instrument and does not purport to be a legal interpretation).

These Regulations amend the Quality of Shellfish Waters Regulations, 1994 (

SI No. 200 of 1994

) and require the preparation and implementation of action programmes in respect of all designated shellfish waters.

(1) O.J. No. L 281/47, 10.11.79

(2) O.J. No. L 327/1, 22.12.2000

In exercise of the powers conferred on the Minister for the Environment and Local Government by

section 30

of the

Local Government (Water Pollution) Act, 1977

(No. 1 of 1977) and by section 26 of that Act as amended by

section 18

of the

Local Government (Water Pollution) (Amendment) Act, 1990

(No. 21 of 1990), which said powers were delegated to me by the Environment and Local Government (Delegation of Ministerial Functions) (No. 2) Order, 1997 (

S.I. No. 428 of 1997

), and for the purpose of giving further effect to the Council Directive of 30 October 1979 (No. 79/923/EEC) (1)

and the Directive of the European Parliament and of the Council of 23 October 2000 (No. 2000/60/EC)(2)

, and after consultation with the Minister for the Marine and Natural Resources pursuant to section 29 of the latter Act, I, Dan Wallace, Minister of State at the Department of the Environment and Local Government, hereby make the following Regulations:-