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S.I. No. 413 of 2005 .
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EUROPEAN COMMUNITIES (WATER POLICY)
(AMENDMENT) REGULATIONS 2005.
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The Minister for the
Environment, Heritage and Local Government, in exercise of the powers
conferred on him by section 3 of the European Communities Act 1972 (No. 27
of 1972) and for the purpose of giving further effect to Directive
2000/60/EC(1) of the European Parliament and of the
Council of 23 October 2000 establishing a framework for Community action in
the field of water policy hereby makes the following Regulations:
1. These
Regulations may be cited as the European Communities (Water Policy)
(Amendment) Regulations, 2005.
2. In these
Regulations, “The Principal Regulations” means the European Communities
(Water Policy) Regulations, 2003 ( S.I. No. 722 of 2003 ).
3. The
Principal Regulations are hereby amended by the deletion of article 16
thereof and the substitution of the following—
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“16. (1) The relevant local
authorities shall, in accordance with this article, establish in relation to
each river basin district an advisory council (subsequently referred to in
this Article as “a council”) to consider matters relating to the preparation
of river basin management plans and other matters relevant to the protection
and use of the aquatic environment and water resources in the river basin
district and to advise and make recommendations on these matters to the
relevant public authorities.
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(2) In the discharge of their duties
under these Regulations in relation to a river basin district the relevant
public authorities shall have regard to the advice and recommendation of the
council for the district.
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(3) Subject to this article, the procedures
of a council shall be determined by the council.
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(4) Each relevant local authority
shall by resolution appoint as members of the council two persons each of
whom shall be a member of the authority or of a strategic policy committee
established by the authority.
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(5) The chairperson of a council shall
be a member of a relevant local authority.
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(6) A council shall by co-option
increases its membership to include representatives of interested parties
and other persons who may have knowledge, qualifications, or experience
relevant to the functions of the council and, insofar as is practicable, the
members so co-opted shall include persons, or representatives of persons,
who are involved in—
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(a) agriculture,
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(b) business or economic
activities,
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(c) angling or other
recreational activities which relate to the use of water,
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(d) social or community
activities,
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(e) academic, professional or
research activities related to water, and
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(f) a body which has the
objective of protecting water quality or aquatic ecosystems.
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(7) The number of members co-opted to
a council in accordance with sub-article (6) shall not exceed the number of
persons appointed by local authorities in accordance with sub-article (4).
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(8) A council shall meet at least
twice per annum.
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(9) An employee of a local authority
shall be assigned the duties of secretary of the council.
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(10) The expenses of a council
incurred in accordance with an estimate approved by resolution of the
relevant local authorities shall be refunded by the council by the relevant
local authorities in proportion to the population of their respective
functional areas lying within the river basin district or on such other
basis as may be agreed by the relevant local authorities.
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(11) A relevant public authority may
provide such assistance, including financial assistance, as the authority
considers appropriate in relation to the activities of a council.
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(12) The proceedings of a council
shall not be invalidated solely by reason of the fact that there is not any
member of the council (including the chairperson) who is a member of a
relevant local authority.
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(13) A council shall be deemed to be
dissolved on the ordinary day of retirement of the members of the
coordinating local authority in accordance with section 17 of the Local
Government Act 2001 (No. 37 of 2001).”.
4. The First
Schedule of the Principal Regulations is hereby amended by the deletion of
“Tourism Ireland” and the substitution of “Failte
Ireland, the National Tourism Development Authority”.
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GIVEN under the Official Seal of
the Minister for the Environment, Heritage and Local Government this 28th
day of July 2005.
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DICK ROCHE,
Minister for the Environment, Heritage and Local
Government.
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EXPLANATORY
NOTE.
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(This note is not part
of the Instrument and does not purport to be a legal interpretation.)
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These Regulations amend
Article 16 of the European Communities (Water Policy) Regulations, 2003
(which relates to the establishment of River Basin District Advisory
Councils) in relation to matters such as the size, composition, duration and
time of establishment of the councils. The Regulations also amend the list
of relevant public authorities in the First Schedule of the 2003
Regulations.
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(1) OJ No. L327, 22.12.2000,
p. 1.
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