
1995 No. 93
EUROPEAN COMMUNITIES
PUBLIC HEALTH
The Control of Asbestos in Water Regulations (Northern Ireland) 1995
Made 15th March 1995
Coming into operation 1st May 1995
The Department of the Environment, being a department designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the prevention, reduction and elimination of pollution of water, in exercise of the powers conferred on it by that section and of every other power enabling it in that behalf, hereby makes the following Regulations:
Citation and commencement
1 
These Regulations may be cited as the Control of Asbestos in Water Regulations (Northern Ireland) 1995, and shall come into operation on 1st May 1995.
Interpretation
2 

(1) In these Regulations—
 “asbestos” has the meaning assigned by Article 2.1 of the Directive;
 “the Department” means the Department of the Environment; and
 “the Directive” means Council Directive 87/217/EEC on the prevention and reduction of environmental pollution by asbestos.
(2) The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.
Prevention of asbestos emissions into the aquatic environment
3 
The Department shall, in accordance with the Directive, take the measures necessary to ensure that asbestos discharges into the aquatic environment are, as far as reasonably practicable, reduced at source and  prevented.
Consent to discharge
4 

(1) A person shall not, without the written consent of the Department, make a discharge of asbestos into the aquatic environment.
(2) A consent granted under paragraph (1) shall specify emission standards, conditions and limits in accordance with Article 5 of the Directive.
Offences
5 
A person who contravenes regulation 4(1) or fails to comply with any condition or requirement specified in a consent granted under regulation 4(1) shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale and, on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.
Sealed with the Official Seal of the Department of the Environment on 15th March 1995.
(L.S.)John Crowther
Assistant Secretary
