Our first IQ Academy Lunch & Learn session takes a look at the transitional arrangements and new requirements for abstraction licensing, which came into effect 1st January 2018.
Delivered by James Dodds of Envireau Water, we take a look at the regulations, types of licence, transition arrangements and the application process.
You can find out more about the IQ Academy and our latest upcoming webinars at www.quarrying.org
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4. Upcoming branch events
Derbyshire 7th February
28th February
How to achieve optimal blast timing
with Andrea Dale, Orica UK Limited, University of Derby
Managing Investigations
with Dale Collins, Browne Jacobson LLP
Devon & Cornwall 20th February HSE Hot Topics with Simon Edwards &
Managing Investigations with Dale Collins (followed by AGM)
Lancashire 13th February Back to Basics CPD Day
Northern Ireland 5th February Presentation by Sandvik
North Wales 20th February Driving by EPC
South Wales 7th February Blasting by EPC
Yorkshire 13th February Joint technical evening with MES
6. • History
• The Regulations
• Types of Licences
• Transition Arrangements & New Activities
• Application Process
• Transition Process
• Evidence
• Getting Tricky
WHAT I WILL TALK ABOUT
7. • These are my thoughts
• The madder the thought, the more it is mine
• If I misrepresent anyone or anything then I’m
sorry
• What I say today may not be an Envireau Ltd
company view
• What I say shouldn’t be taken as advice as every
site is different
• OK with that?
DISCLAIMER
8. • All began in about 1998
• Talked about seriously early 2000’s
• Water Act 2003 introduced it
• “It’s 6 months away”
• 31st October 2017 … “you have 2 months!”
HISTORY
9. • Government response to consultation on
changes to water abstraction licensing
exemptions in England and Wales: New
Authorisations
• The Water Act 2003 (Commencement No. 12)
Order 2017
• The Water Abstraction (Transitional Provisions)
Regulations 2017
THE REGULATIONS
10. TYPES OF LICENCES
• Full Licence
o To abstract more than 20m3/day
o Protected rights
• Transfer Licence
o Transfer water from one “source of supply” to
another without intervening use
• Temporary Licence
o To abstract for 28 days
11. TRANSITION ARRANGEMENTS
& NEW ACTIVITIES
• If you have started a new dewatering activity since the 1st January
2017 you must apply for a licence ASAP
• If you do not have a licence you will be operating illegally
• The EA/NRW appreciate that industry would not have been able to
plan for the licence application process
• In all cases, take advice
Transitional New
• Any dewatering activity where you
can demonstrate, with evidence, that
dewatering has taken place within
the past 7 years
• New sites where dewatering has not
taken place prior to the 31/12/2017
• Dormant sites where dewatering has
not taken place within the past 7
years
• Extensions to sites where the
dewatering activity will increase
above what it was previously (within
the 7 year period)
12. THE APPLICATION PROCESS
• The EA and NRW have been directed by government to
take a “Light touch, risk based” approach!
Applications for transitional licences should be
submitted by 07/2019 to allow the EA/NRW
enough time to determine they are valid
1/1/2023
1/1/2020
1/1/2018
All licences determined and
issued
Transitional application
window opens
Transitional application
window legally ends
TIMELINE
13. TRANSITION PROCESS
Evidence of
dewatering within
the past 7 years?
Yes- Submit
transitional licence
application
Validated by
EA/NRW
EA/NRW issue a
receipt for a valid
application
EA/NRW may
request additional
evidence before
validation
EA/NRW may ask
for further
information
The EA/NRW
determine all
applic’s from Jan
2020 to evaluate
the impact of all
Between 2020 &
2023 the EA/NRW
will issue licences,
starting with the
most complex
14. EVIDENCE
• EA list of evidence that can be used
o Meter readings
o Physical dimensions of a transfer channel (no
control)
o Physical dimensions of a transfer pipe (appropriately
sized and positioned)
o Flow rates for abstraction equipment
o Pump of known capacity and pumping hours
o Outputs from QA systems or Abstraction
Programming Systems
o Other justified & appropriate data
15. • If a site is within a water body that has been
assessed as suffering from “actual serious damage”
then the application is likely to be more complex
• This may result in further scrutiny to ensure the
ongoing activity is not causing serious damage to
the environment
• Seek advice if you think that this may effect you
GETTING TRICKY
16. • An operator can continue to abstract water at the
current rate until the EA/NRW has determined the
application
• If you need to abstract more water whilst the
application is being determined you will need to
apply for a new licence
• You should do this in parallel with the transition
application
• Seek advice if you think that this may effect you
NOTE