Low-risk abstraction activities – NFU outlines position

This consultation has now closed.

The NFU responded to the consultation on specific questions that apply to areas that most impact members – those activities relating to land management, nature recovery and flood risk.

Overall, the key concern is that we would like activities in the draft RPS to have greater consideration of flood-risk impact, or where it potentially impacts existing flood assets. We have chosen to respond to points of direct relevance and interest to our members businesses

Specifically, we highlighted: 

• That there should be a requirement to assess and communicate any change in flood risk caused by an activity included in the RPS to those potentially impacted.
• While the RPS may support nature restoration activities, it may also increase pressure on the Flood Risk Activity Permit service.
• Proposals relating to fish passes and easements must seek agreement from landowners along the length of the backwater and assess the flood risk and any associated implications (flood zones, planning, etc.) and inform neighbouring landowners or communities of this.
• Any high flow abstraction activity should not impact any flood risk asset’s integrity.

The Environment Agency is seeking your views on low-risk abstraction activities that can be a blocker to the timely delivery of projects.

The RPS (regulatory position statement) aims to help reduce the regulatory burden on the public and businesses while contributing to the government’s target to reduce regulation administration by 25%.

What is the EA proposing?

An abstraction licence is needed for most abstractions of water that exceed 20 cubic metres per day. The new proposed RPS does not change your legal requirement to have and comply with an abstraction licence.

However, the EA is proposing to not take enforcement action, provided that:

• the activity meets the descriptions set out in the RPS, and
• there is compliance with the conditions set out in the RPS. 

The proposed RPS applies to the following low risk abstraction activities:

• Creating a new bypass channel.
• Creating a new additional channel.
• Backwaters and fish refuge features.
• Fish passes and easements, including those for elver and eel.
• Pumped eel and/or elver passes.
• High flow abstraction.
• Removing raised banks.
• Internal Drainage Board – abstraction of pumped water.
• Open-loop heating and/or cooling system (inland water).
• Open-loop heating and/or cooling system (canal or dock).
• Open-loop heating and/or cooling system (groundwater).

The proposed RPS includes 13 general conditions which must be met for all the above activities. It also sets out specific additional conditions for each of these.

The EA is seeking views on the proposed RPS, its general conditions and the specific conditions for each activity.