New rules on water use for wetlands

Marshland in Kent

Recent rule changes mean that a range of historically exempt abstractions, including various forms of wetland management, no longer fall outside the regulatory framework.

Types of activity for the purposes of wetland management affected by these changes include:

  • Traditional water meadows
  • Flood irrigation schemes (including warping)
  • Wet fencing
  • Providing water to wetland habitats
  • Conservation schemes dependent on water
  • Water Level Management Plans

Abstractions of 20 cubic metres per day or less (roughly equivalent to a hosepipe running all day) remain exempt from licensing requirements.

Paul Hammett, NFU water specialist, said that the new rules are complicated and urged members with water-dependent environmental schemes to contact the Environment Agency to establish whether or not they need to act.

“The new licensing requirements mean that some sites may need an abstraction licence or a transfer licence – or neither or both depending on individual circumstances”, Paul said.

Furthermore where a new licence is required, the Environment Agency (EA) promises that the application process will be much smoother for ‘validated’ applications submitted by 31 December 2019 deadline for its ‘transitional arrangements’. To ensure that the application is validated, the EA stresses the importance applying without delay – the sooner the process starts the more time the EA will have to check it has the information needed to process the application thereby making the application valid.

The NFU recommends that members take advantage of the Environment Agency’s telephone hotline and bookable appointment service which offers free advice, including help with drafting applications where needed.

To take advantage of this service you can call the Agency on 03708 506506 or email ZW5xdWlyaWVzQGVudmlyb25tZW50LWFnZW5jeS5nb3YudWs=

You can read the Agency’s guidance notes here:

Follow this link to find general information on how to apply for an abstraction or impoundment licence

Members who are unsure whether their countryside stewardship or environmental stewardship (ELS/HLS) agreement is affected should contact the RPA for further advice.

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