In brief…
With government taking a further step towards ending abstraction licensing exemptions for trickle irrigation, the NFU is urging members to get ready for the application process.
As the government timetable for licensing currently exempt abstraction activities such as trickle irrigation becomes clear, we’re urging members to gather evidence now to support their future licence applications.
The NFU says that businesses which rely on trickle irrigation will have to understand the eligibility requirements to obtain a future licence, and will need to gather evidence to support any future application.
The warning comes as the NFU submitted its response to a Defra consultation called Changes to water abstraction licensing exemptions: New Authorisations which closes on 8 April.
Paul Hammett, NFU national water resources specialist, said that the government consultation gave government the opportunity to describe on what would happen and when.
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“Although Defra has been known to miss deadlines from time to time, it is increasingly likely that the application window for trickle licensing will open in late 2016 or early next year, with the administration process taking up to five years,” he said.
What does this mean in practice?
- The timeline for the application process will be triggered by forthcoming legislation. There is no predicted date on when the legislation will be introduced. If the regulations are commenced on, say, 1 October 2016:
- The application period would run from 1 October 2016 to 30 September 2018
- The Environment Agency would determine licences by 30 September 2021
- As long as a valid application is made, the abstraction would remain lawful until the application was determined
- If no valid application was made within the window then the abstraction would be unlawful once the application window closed on 30 September 2018.
The applicant will be expected to demonstrate his requirement and entitlement by providing sufficient evidence that an abstraction has taken place at some point during the preceding four year period 1 October 2012 to 30 September 2016. The applicant would not need to prove four consecutive years proof of historic use.
The applicant could apply for his peak volume used during the four years period 1 October 2012 to 30 September 2016.
Potential evidence to support applications could include meter readings, pump ratings, invoices for equipment, photos of infrastructure, business receipts and contracts, etc.
New Authorisations will be issued with a time limit relevant to the common end date stated in the catchment’s Licensing Strategy. Thereafter, time limits are likely to be removed for all licences as part of Defra’s wider abstraction reform proposals.
Any new licence granted will become subject to annual charges in accordance with the current charging regime.