GovWire

Before you apply

First, check if you need an abstraction licence or impounding licence.

Check your local abstraction licensing strategy to find out:

• what the water availability status is in your catchment
• if you are likely to get a licence

Check if you must provide safe passage for eels as part of your activity. If you do not do this, you may have to redesign your scheme later.

Abstract from a borehole or well

If you want to abstract groundwater from a borehole or well you should check whether you need to apply for consent to investigate a groundwater source before you apply for a licence. You may need to apply for a separate consent to construct the borehole or well and complete a test pumping of it.

Source owners and their contractors are responsible for ensuring boreholes or wells are designed, constructed and decommissioned without polluting groundwater.

Types of licence

The different types of water resources licence you can apply for are:

• full licence for most types of water abstraction over 20 cubic metres a day
• transfer licence to move over 20 cubic metres of water a day from one source to another without intervening use
• temporary licence to abstract more than 20 cubic metres of water a day over a period of less than 28 days
• impounding licence to create an impoundment structure such as a sluice, weir or dam

How long a licence lasts

Abstraction licences may have a time limit linked to a common end date. You can find this in theabstraction licensing strategyfor your area.

When the Environment Agency grants a licence for the first time, its likely to be for between 6 and 18 years. When they renew a licence it will normally be for another 12 years.

They may also grant short duration licences where they think there may be issues with the licence or water availability in the longer term, or if you only need it for a short time.

In certain circumstances, they will consider granting licences for up to 24 years.

Long duration licence

If you need to abstract water for a period of up to 24 years, when you apply you will have to demonstrate (through a business case) that:

• the lifetime of the infrastructure (for example, pumps, pipework, reservoirs) inseparably associated with the licence will extend over the desired duration of the licence
• you continuously need the service or product the infrastructure supplies throughout the duration of the licence
• you have assessed the likely environmental and economic changes that may affect the abstraction over the duration of the licence and the assessment shows no significant concerns (if an environmental impact assessment is required under planning law, this may suffice alternatively you will need to provide an environmental assessment)
• the infrastructure contributes to sustainable development

Charges

You must pay a charge to apply for a new licence, or to change (vary) an existing licence.

You will also usually need to pay an annual charge (also called a subsistence charge) once you hold a full licence.

Use the guidance on the charges for water resources licences to work out what youll need to pay. This explains when you do not need to pay an annual charge.

Get help with your application

If you think you need a licence you canask the Environment Agencys pre-application advice service for help.

Application forms

Youll need to fill in the relevant application forms to apply for a water resources licence.

Use part E to tell us what application charge you will pay when you want to:

• apply for a new full or temporary licence to abstract water
• vary (change) an existing licence
• apply for an impounding licence
• apply to licence an existing impoundment

Use part A to tell us who you are when you want to:

• apply for a new full or temporary licence to abstract water
• vary (change) an existing licence
• apply for an impounding licence
• apply to licence an existing impoundment (if youre using the form for this purpose please contact the Environment Agency before you fill in the form)

Use part B to tell us what you want the water for when you:

• apply for a new full or temporary licence to abstract water
• apply to vary an existing licence

Use part C to give us additional information such as the duration of the licence, water use and how it will be measured when you:

• apply for a new full or temporary licence to abstract water
• apply to vary an existing licence

Use part D to tell us about your impounding proposal when you:

• apply for a new licence to impound inland water
• apply to licence an existing impoundment if youre using the form for this purpose, please contact the Environment Agency before you fill in the form

You may have to give hydrological information when you apply for a licence. You cancheck the important hydrological information to give.

To renew a licence on the same terms, use the application form for licence renewals.

To apply for permission for a hydropower scheme, see new hydropower scheme: apply to build one.

After you apply

The Environment Agency will make a decision on:

• temporary licence applications within 28 days they may extend this by up to 56 days to consult with third parties if its near a designated site
• all other licence applications within 4 months

If your application is complex or it needs to be advertised, it may take longer. If this applies to you, the Environment Agency will tell you and may ask you to agree an extension of time for their decision.

Once they have made a decision, the Environment Agency will tell you if they can grant you a licence and explain why.

If youre granted a licence, youll receive it as a PDF by email. You can also manage your licences online.

The licence will contain the conditions you must follow to legally abstract or impound water.

Compliance

The Environment Agency will carry out site inspections to:

• check compliance with licence conditions
• check abstraction returns
• to give advice and guidance on complying with a licence

They take a risk-based approach to inspections based on the sensitivity of a water source and the potential for damage. In particular, they visit where there is a high potential for damage to the environment or where there is a poor compliance history.

Typically, reasons for inspecting include:

• where hands off flow condition limits or section 57 irrigation bans have been imposed the drought plans contain more information about how they will increase compliance checks during a drought
• in response to incidents, such as reports of low flows
• if returns suggest over-abstraction or other non-compliance

Enforcement

Enforcement options include:

• criminal sanctions warnings, formal cautions and prosecution, with fines up to 20,000
• civil sanctions

Th

View the original news story