Licence

Abstract water (England)

If you abstract water or plan to, you may need to apply for an abstraction licence.

England Issued by Environment Agency

What this covers

Agriculture: animalsAgriculture: crops and plantsBuilding and constructionEnvironment: waterProperty and real estateTourist accommodation, including hotels and campsites

Why you need it

Parliament created it. The power to require it comes from Water Resources Act 1991.

What the Act carries

What our graph holds for Water Resources Act 1991 as a whole — the Act behind this licence, not the licence conditions themselves.

Duties on businesses
49
Penalties
32
Exemptions
46

Duties on businesses under the Act

  • Abstract water or construct boreholes without a licence s.24
  • Constructing or altering water impounding works without a licence s.25
  • Fail to comply with an enforcement notice s.25C
  • Apply for or vary water abstraction and impoundment licences s.38
  • Assess water abstraction impact on river flow levels s.40
  • Notify the regulator if you inherit or take over a water licence s.59B

… and 43 more business duties in the same Act.

What happens if you get it wrong

  • Carry out prohibited activity in a water protection zone 2 years imprisonment
  • Disclose information protected in the interests of national security 2 years imprisonment
  • Fail to comply with a works notice 2 years imprisonment
  • Fail to provide information requested for pollution control 2 years imprisonment
  • Unlawful disclosure of trade secrets or underground water data 3 months imprisonment

… and 27 more penalties in the same Act.

Exemptions that may take you outside it

  • Abstraction solely to manage wetland water levels or flows — This exemption applies to the Water Resources Act1991section24(1)restriction on abstraction. It does not purport to waive separate section24(2)works requirements or …
  • Authorised persons exempt from fisheries byelaws — Acting with written authority from the appropriate agency and in accordance with any conditions imposed.
  • Business water users protected from direct lawsuits for license errors — A license is granted or varied that interferes with someone else's protected water rights
  • Defence against legal claims when acting under a water abstraction or impoundment licence — You abstracted water or obstructed flow in full compliance with a valid licence issued under this Chapter, and the claim …
  • Discharges under environmental permits exempt from works notices — The discharge is made in pursuance of an environmental permit

… and 41 more exemptions in the same Act.

Read our full dossier on Water Resources Act 1991

Who issues it

This one does not go to your council. It is issued by Environment Agency.

Where to apply

Duty, penalty and exemption labels are Guvnor’s analysis of the enabling instrument, not the instrument itself. Fees, forms and conditions are set by the issuing authority — always check the linked source.