
2009 No. 61
European Communities
Water And Sewerage
The Surface Waters (Shellfish) (Classification) (Amendment) Regulations (Northern Ireland) 2009
Made 23rd February 2009
Coming into operation 27th March 2009
The Department of the Environment makes the following Regulations in exercise of the powers conferred on it by Articles 5 and 36 of the Water (Northern Ireland) Order 1999, and, being a department designated  for the purposes of section 2(2) of the European Communities Act 1972  in relation to the environment, in exercise of the powers conferred on it by that section.
Citation and commencement
1 
These Regulations may be cited as the Surface Waters (Shellfish) (Classification) (Amendment) Regulations (Northern Ireland) 2009 and shall come into operation on 27th March 2009.
Interpretation
2 
The Interpretation Act (Northern Ireland) 1954  applies to these Regulations as it applies to an Act of the Northern Ireland Assembly.
Amendments to the Surface Waters (Shellfish) (Classification) Regulations (Northern Ireland) 1997
3 

(1) The Surface Waters (Shellfish) (Classification) Regulations (Northern Ireland) 1997  are amended in accordance with paragraphs (2) to (6).
(2) In paragraph 2 of regulation 2 (Interpretation), for “ Directive 79/923/EEC (quality required of shellfish waters)” substitute “Directive 2006/113/EC of the European Parliament and of the Council on the quality required of shellfish waters (“Directive 2006/113/EC”)”.
(3) In regulation 3 after “brackish waters” insert “for the purposes of Directive 2006/113/EC”.
(4) In the following provisions, for “Directive 79/923/EEC” (in each place) substitute “Directive 2006/113/EC”.
(a) regulation 5(b) (Guideline values and no deterioration principle);
(b) regulation 9(a) (Modification of section 4C of the Water Act (Northern Ireland) 1972).
(5) In the heading for column 1 in the table contained in Schedule 1 (Criteria for classification of waters as shellfish waters) for “79/923/EEC” substitute “Directive 2006/113/EC”.
(6) In the heading for column 1 in the table contained in Schedule 2 (Guideline values in relation to the quality of shellfish waters) for “79/923/EEC” substitute “Directive 2006/113/EC”.
Sealed with the Official Seal of the Department of the Environment on 23rd February 2009.
Maggie Smith
A senior officer of the
Department of the Environment
