Farmers whose abstraction licences are due to be reviewed in 2028 may have received a notification alerting them to this which contained additional information about new legal powers which are due to come into force on 1 January 2028.
The Environment Act 2021 extended powers for the Secretary of State to vary or revoke abstraction licences without compensation payments from 1 January 2028. Currently, these powers apply only where this is a risk of 'serious damage' to the environment.
This position will change in England on 1 January 2028 when the Secretary of State may vary or revoke permanent abstraction licences without compensation, if it is deemed necessary to protect the environment.
What to do if you receive a licence review notice
Our briefing covers when these legal provisions can be used and how we can support members affected by these issues, as well as advice on what to do if you receive a notification.
NFU members can obtain free initial legal and professional advice from NFU CallFirst on 0370 845 8458.
Environment permitting and abstraction
In December 2021, Defra launched a consultation into plans to move abstraction licensing into the EPR (Environmental Permitting Regime).
We submitted a comprehensive response to the consultation where we raised concerns that making permits reviewable at potentially any time significantly reduces the certainty of long-term access to water, creating doubt for the future of some farming businesses.
The NFU continues to be represented on the expert group established by the EA (Environment Agency) to advise on the transition to Environmental Permitting and will keep members updated with any new changes once the licenses move fully into EPR.