Defra has published a summary of the responses received to a recent consultation setting out proposed changes to water abstraction licensing exemptions in England and Wales.

Defra has been developing of a revised light-touch, risk based approach to bring the majority of exempt abstractors into the licensing system, consulting on the revised approach which included the intention to begin bringing currently exempt abstractions (known as New Authorisations) into the licensing system in 2016.

The purpose of the consultation was to invite views on the proposed policy approach to end most water abstraction licensing exemptions in England and Wales. Defra, the Welsh Government, the Environment Agency and Natural Resources Wales consulted jointly on the intended approach to remove most exemptions from water abstraction licensing and bring these abstractions under licensing control (New Authorisations).

The consultation, which closed on 8 April 2016, did not seek views on the proposals to reform the water abstraction licensing system as these are separate issues outside the scope of the consultation.

Defra has now published a summary of responses received on the proposed approach set out in the consultation. Defra said its approaches for both ending exemptions and reforming the abstraction management system recognise that all abstractors should be treated fairly, both when these abstraction exemptions are ended and under the reformed system which will come into effect in the early 2020s.

Proposals will create level playing field for all abstractors

According to Defra, the proposals will:

• help create a level playing field for all existing licensed abstractors and those that will be licensed;
• enable regulators to better manage water resources effectively; and
• form part of a much wider effort to manage natural capital in a sustainable way, both now and for future generations

Most currently exempt abstractors can legally abstract without controls to protect other abstractors or the environment, while existing licensed abstractors are subject to control.

According to Defra, some of the exempt abstractions are causing environmental damage, while others which are in areas that are already water stressed are currently able to continue abstracting nchecked – which makes it difficult for the regulators (the Environment Agency and Natural

The consultation confirmed that the normal licensing threshold of 20m³/day would apply to New Authorisations, and that those abstracting more than 20m³/day would need to apply for an abstraction licence.

The exemptions Defra is proposing to end are:

• transferring water from one inland water system to another in the course of, or as the result of, operations carried out by a navigation, harbour or conservancy authority;
• abstraction of water into internal drainage districts;
• dewatering mines, quarries and engineering works;
• warping (abstraction of water containing silt for deposit onto agricultural land so that the silt acts as a fertiliser);
• all forms of irrigation (other than spray irrigation, which is already licensable), and the use of land drainage systems in reverse (including transfers into managed wetland systems) to maintain field water levels;
• abstractions within currently geographically exempt areas, including some rivers close to the border of Scotland; and
• the majority of abstractions covered by Crown and visiting forces exemptions.

Defra has proposed allowing two years for abstractors to apply for their licences, with the regulator determining all applications within three years from the end of the application period. Potential evidence suggested by Defra to support applications could include meter readings, pump ratings, invoices for equipment, photos of infrastructure, or business receipts/contracts.

Licences to be granted with provision to protect rivers during very low flows

Under the proposals, licences would be granted with conditions to protect rivers during very low flows and licensed volumes would be in line with volumes abstracted over the four years preceding the exemption removal. Abstractions would only be significantly curtailed or refused where there was a risk of serious damage to the environment.

The proposed policy also considered potential compensation liabilities – Defra expects to make provision for compensation to be paid for loss or damage arising from a refused or constrained application, except in certain circumstances. This would not however include applications for new or increased abstractions (planned abstractions) in the transitional arrangements and there would not be any compensation provisions for these.

The summary is a high level overview of the main messages from the consultation responses which  tries to reflect the views offered, together with a broad analysis of the key issues raised, including (where feasible) a numerical estimate of those for and against each proposal. The total number of consultation responses received was 86: with 16 reponses, farming was the highest number from any one sector.

The responses to the consultation will help to inform final policy decisions on the approach to changing water abstraction licensing exemptions in England and Wales. Defra expects to publish the response to the consultation and provide details of the final approach by early 2017.

Click here to download the Summary of Responses