Regulations, 2011

L.N. 237 of 2011

PUBLIC HEALTH ACT

(CAP. 465)

Management of Bathing Water Quality (Amendment)

Regulations, 2011

IN exercise of the powers conferred by article 26(d) of

the Public Health Act, the Minister for Health, the Elderly and

Community Care has made the following regulations:-

The title of these regulations is the Management of

Bathing Water Quality (Amendment) Regulations, 2011 and they

shall be read and construed as one with the Management of Bathing

Water Quality Regulations, 2008, hereinafter referred to as “the

principal regulations”.

In regulation 3(1) of the principal regulations, for the

words “ “public concern” has the same meaning” there shall be

substituted the words “ “public concerned” has the same meaning”.

For paragraph (b) of sub-regulation (6) of regulation 5 of

the principal regulations, there shall be substituted the following

“(b) received similar assessments for the preceding

four years in accordance with sub-regulations (2), (3) and (5)

(c) of this regulation.”.

Immediately after sub-regulation (2) of regulation 11 of

the principal regulations, there shall be added the following new

sub-regulation

“(3) When establishing, reviewing and updating

bathing water profiles, adequate use shall be made of data

obtained from monitoring and assessments carried out

pursuant to Directive 2000/60/EC that are relevant to these

regulations.”.

For sub-regulation (1) of regulation 14 of the principal

regulations, there shall be substituted the following

“(1) When the bathing water profile indicates a

tendency for proliferation of macro-algae and, or marine

phytoplankton, investigations shall be undertaken to

determine the presence of any health risks and adequate

management measures shall be implemented, including

information to the public.”.

For regulation 15 of the principal regulations there shall

be substituted the following

“15 (1) The Superintendent shall encourage public

participation in the implementation of these regulations

and shall ensure that the public concerned is provided with

opportunities -

(a) to find out how to participate, and

(b) to formulate suggestions, remarks or

complaints.

(2) The provisions of sub-regulation (1) hereof

shall relate, in particular, to the establishment, review and

updating of the list of bathing waters in accordance with

regulation 4(1). The Superintendent shall take due account of

any information he obtains.”.

Regulation 16 of the principal regulations shall be

amended as follows

(a) in sub-regulation (2) thereof –

(i) for the words “The following shall be actively

disseminated by the media in several languages when

appropriate” there shall be substituted the words

“The Superintendent shall use appropriate media and

information technologies, including the internet, to

disseminate actively and promptly the information

concerning bathing waters referred to in sub-regulation

(1) hereof and also the following information in several

languages, when appropriate”; and

(ii) for sub-paragraph (ii) of paragraph (d) there

shall be substituted the following

“(ii)

The list referred to in the preceding

paragraph (a) shall be available each year before

the start of the bathing season. The results of the

monitoring referred to in the preceding paragraph

(b) shall be made available on the internet upon

completion of the analysis.”; and

(c) immediately after sub-regulation (2) there shall be

added the following new sub-regulation

“(3) The information referred to in sub-

regulations (1) and (2) of this regulation shall be

disseminated as soon as it is available and with effect

from the start of the bathing season after 24 th March

2008.”.

First sentence of schedule III “ 1. The bathing water

profile referred to in Regulation 7 is to consist of:” is to be replaced

by: “ 1. The bathing water profile referred to in Regulation 11 is to

consist of:”

€0.27