The 2003 Water Act made a number of changes to the abstraction and impounding licensing system which has been in place, largely unchanged, since the 1960s. The consultation paper explains how proposed new regulations deal with:

  • how to apply for an abstraction or impounding licence or for the variation of such a licence
  • how the licence application is handled by the Environment Agency
  • applications to revoke licences
  • abstraction and impounding by the Environment Agency
  • and enforcement, works and conservation notices

The consultation paper also sets out proposals for new regulations to implement Article 3 of the Public Participation Directive which amends the Environmental Impact Assessment Directive. This requires some minor changes to regulations made in 2003 which specify procedures for assessing environmental impact assessment for certain water management projects for agriculture.

This consultation document, supported by partial Regulatory Impact Assessments for each of the two proposed sets of regulations, seeks views from all stakeholders with an interest in water abstraction and impounding.

Environment Minister Elliot Morley said: “We are keen to engage with stakeholders over changes to the abstraction and impounding licensing system. Today’s consultation document will inform them about the process and, in particular, about the new proposals concerning publicity for licence applications. I hope all concerned will contribute to ensure we receive the widest possible range of views on this issue.”

FISHINGmagic Notes
1. The Government has consulted extensively in recent years on improvements to the abstraction and impounding licensing system, particularly in its consultation paper The Review of the Water Abstraction Licensing System in England and Wales published in June 1998.

2. The Water Act 2003 itself introduced a number of procedural changes whilst more detailed changes are the subject of these proposed new licensing regulations.

3. The Water Act 2003 and the Explanatory Notes are priced documents which are published by the Stationery Office (www.tso.co.uk/bookshop). An electronic copy of the Act can be viewed at: www.legislation.hmso.gov.uk/acts/acts2003/20030037.htm

4. The consultation document and accompanying partial Regulatory Impact Assessments set out the views of central Government and the Welsh Assembly Government.

5. The closing date for the consultation is 31 October for the changes to implement the Public Participation Directive and 28 November for the proposed changes to the licensing system. For an electronic copy of the consultation paper see the Defra website: www.defra.gov.uk