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Department of the Environment (DOE)

Northern Ireland Environment Agency

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Groundwater

Groundwater is a limited natural resource with both ecological and economic value. It has vital importance for the sustenance of life, health, agriculture and the integrity of ecosystems, requiring management and protection on a sustainable basis.

In 1980 the European Commission introduced a Groundwater Directive (80/68/EEC), which was largely aimed at the protection of groundwater against pollution caused by specific dangerous substances.

The Groundwater Regulations (NI) 1998 implemented the 1980 Groundwater Directive, and supplement water pollution legislation. These Regulations, along with the Water (Northern Ireland) Order 1999, required the Department of the Environment (DOE) to prevent the direct or indirect discharge of list I substances to groundwater and to control pollution resulting from the direct or indirect discharge of list II substances.

On 12th December 2006 a new Directive was adopted by the European Commission known as the Groundwater Daughter Directive (2006/118/EC).  It is a 'daughter' Directive of the Water Framework Directive (WFD) and its purpose is to clarify certain objectives for groundwater quality in the WFD.  The new Directive operates alongside the 1980 Groundwater Directive until 2013 when the 1980 Directive will be repealed. The new Directive includes criteria for the assessment of good chemical status and for identifying and reversing upward trends in pollution.  It also details measures to prevent or limit pollutants into groundwater.

A 12 week consultation exercise on the transposition of the Groundwater Daughter Directive closed on 6th May 2009 and the Groundwater Regulations (NI) 2009 were made on 2nd July 2009. These Regulations came into operation on 10th August 2009 revoking the Groundwater Regulations (NI)1998. However the new Groundwater Regulations incorporate the requirements of the 1998 Regulations providing continuity and clarity for groundwater protection. The new Regulations also provide for existing authorisations to remain valid whilst allowing a slightly more comprehensive risk based approach to pollution prevention and control.

A copy of the consultation paper, summary of responses paper and Groundwater Regulations (NI) 2009 can be downloaded below. You will also find a copy of the Groundwater (Amendment) Regulations (Northern Ireland) 2009 which make a minor technical amendment to regulation 29(a) of the Groundwater Regulations (Northern Ireland) 2009 and a copy of the Northern Ireland guidance on the interpretation and implementation of the 2009 Groundwater Regulations.

Consultation Paper on the transposition of the Groundwater daughter Directive (432kb)Opens in a new window.

Summary of Responses Paper (32kb)Opens in a new window.

Groundwater Regulations (NI) 2009 (64kb)Opens in a new window.

Groundwater (Amendment) Regulations (Northern Ireland) 2009 (19kb)Opens in a new window.

Guidance on the Interpretation and implementation of the 2009 Groudwater Regulations. (60kb)Opens in a new window.

In Northern Ireland, the Northern Ireland Environment AgencyOpens in a new window. (an Executive Agency of the DOE) is responsible for implementing the Groundwater Regulations.

Carbon Capture and Storage Directive 2009/31/EC

Directive 2009/31/EC on the geological storage of carbon dioxide, commonly known as the Carbon Capture and Storage (CCS) Directive entered into force on 5 June 2009. While the CCS Directive is largely implemented at a UK level by amending the Energy Act 2008, the CCS Directive also amends a number of other European Directives which are implemented through domestic legislation.

Article 32 of the CCS Directive amends the Water Framework Directive by an insertion to Article 11(3)(j) which requires a prohibition of direct discharges of pollutants into groundwater, subject to certain exceptions. The insertion required by Article 32 of the CCS Directive adds to those exceptions the injection of carbon dioxide streams into geological formations which for natural reasons are permanently unsuitable for other persons.

Regulation 16 of the Groundwater Regulations (Northern Ireland) 2009 requires amendment to allow the storage of carbon dioxide in geological formations. A consultation paper on the proposals required to transpose the CCS Directive into domestic legislation was issued on 28 February 2011. A copy of the consultation paper can be downloaded from the link below:

Consultation paper on proposed amendments to the Groundwater Regulations (Northern Ireland) 2009, Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009 and the Pollution, Prevention and Control Regulations (Northern Ireland) 2003 PDF Document. Opens in a new window. Opens in a new window.

There were no substantive responses to the consultation in relation to the amendment to the Groundwater Regulations (Northern Ireland) 2009 to allow the storage of carbon dioxide in geological formations which for natural reasons are permanently unsuitable for other purposes.

A copy of the Groundwater (Amendment) Regulations (Northern Ireland) 2011 can be found below:

The Groundwater (Amendment) Regulations (Northern Ireland) 2011 (94 KB) PDF Document. Opens in a new window. Opens in a new window.

Code of Practice for Using Plant Protection Products

The Department of Agriculture and Rural Development (DARD) has published a Code of Practice for using plant protection products.

The Code provides practical advice on the safe use of plant protection products for all professional users in agriculture, horticulture, amenity situations and forestry. It updates the relevant advice contained in the previous versions of DARD's 'Green Code'.

Parts of the Code have been given official status under regulation 27 of the Groundwater Regulations (Northern Ireland) 2009. In practice this means that the Northern Ireland Environment Agency must take into account whether these parts of the Code are being, or are likely to be, complied with before taking enforcement action under these Regulations. Compliance with the approved aspects of the Code may be regarded as a mitigating factor in deciding whether or not to enforce.

A copy of the Code and accompanying Wall Chart can be downloaded from the links below:

Code of Practice for Using Plant Protection Products (1.18 MB) PDF Document. Opens in a new window. Opens in a new window.

Code of Practice for Using Plant Protection Products-Wall Chart (277 KB) PDF Document. Opens in a new window. Opens in a new window.

The Notice at Part C4 of the Code details the paragraphs that are approved under regulation 27 of the Groudwater Regulations (Northern Ireland) 2009.

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