Environment Agency: Clarifies Abstraction Outside Authorised Period RPS 382

• The Environment Agency's RPS 382 clarifies conditions for abstracting water outside authorized periods for reservoir filling.
• A key clarification requires strict compliance with stated abstraction rates in the licence.
• Water abstracted under RPS 382 conditions will not count towards the annual authorised volume.
• The RPS does not change the legal requirement for an abstraction licence but prevents enforcement action if its conditions are met.
• This regulatory position applies specifically to water storage reservoir abstraction and no other legal requirements.

The Environment Agency has explicitly stated that any water abstracted in full compliance with the conditions set out in this regulatory position statement will not be counted towards the annual authorised volume abstraction stipulated in the licence holder's permit.

The Environment Agency has issued a significant regulatory position statement, RPS 382, providing crucial guidance for holders of water abstraction licences. This statement specifically addresses scenarios involving abstraction outside authorised period RPS 382 for the purpose of filling existing water storage reservoir abstraction. The core intent of RPS 382 is to outline the circumstances under which the Environment Agency will refrain from taking enforcement action against licence holders who abstract water beyond the periods explicitly authorized in their licences for reservoir filling. This update offers a clearer framework for compliance in specific operational contexts.

A key aspect of this updated guidance is a recent RPS 382 clarification to one of its conditions. This particular amendment underscores the necessity for licence holders to strictly adhere to the specified abstraction rates detailed within their existing licences. This means that whether the rate is expressed in litres per second, cubic metres per hour, day, or week, it must be precisely followed during any abstraction activities conducted under the provisions of RPS 382. This ensures that while flexibility is offered regarding the timing of abstraction, the overall rate of water removal remains controlled and within established limits.

Beyond the adherence to abstraction rates, a critical benefit introduced by RPS 382 is how abstracted water is accounted for. The Environment Agency has explicitly stated that any water abstracted in full compliance with the conditions set out in this regulatory position statement will not be counted towards the annual authorised volume abstraction stipulated in the licence holder's permit. This provision is particularly impactful for operators of water storage reservoirs, as it allows for strategic water management without impacting their overall yearly abstraction limits, provided they meet all other RPS 382 requirements.

This exemption from the annual volume count represents a substantial advantage for licence holders, enabling them to optimize reservoir filling operations, especially in response to environmental conditions or operational needs, without the immediate concern of exceeding their annual allowance. It effectively creates a separate category for certain abstraction activities, recognizing the unique requirements of maintaining water storage reservoirs. The Environment Agency RPS 382 thus provides a pathway for increased operational flexibility while maintaining regulatory oversight on abstraction practices.

It is imperative to understand that RPS 382 does not fundamentally alter the legal obligation to possess and comply with an abstraction licence where one is required. The regulatory position serves as a specific exception to the typical enforcement approach, rather than a change in the underlying legal requirement. Licence holders are still legally bound by the terms of their permits, including authorized abstraction periods. However, the abstraction licence enforcement action policy outlined in RPS 382 provides a crucial safeguard.

Under this policy, the Environment Agency has committed to not normally initiating enforcement action against licence holders who abstract water outside their authorized periods for reservoir filling, provided they fully satisfy all the conditions specified within RPS 382. This nuanced approach acknowledges the practical challenges faced by operators while ensuring environmental protection through adherence to other stipulated conditions. It is also important to note that this regulatory position is narrowly defined and does not extend to or modify any other legal requirements pertaining to water abstraction or environmental regulations.

The implications of the Environment Agency RPS 382 are significant for entities managing water storage reservoirs. By understanding and adhering to the clarified conditions, licence holders can achieve greater operational efficiency and resilience in their water management strategies. The ability to abstract water for reservoir filling outside the conventionally authorized periods, without incurring enforcement action and without it counting against the annual volume, offers a valuable tool for ensuring adequate water supplies.

This guidance encourages a proactive review of existing abstraction licences and operational practices to align with the provisions of RPS 382. For lawyers and compliance officers, this means advising clients to thoroughly examine the specific requirements of the RPS to leverage its benefits. Ensuring compliance with the stated abstraction rates and other conditions is paramount to utilizing this flexibility effectively, ultimately supporting both regulatory adherence and optimized water resource management for water storage reservoir abstraction.

Lawyers and compliance officers advising clients with water abstraction licences should review Environment Agency RPS 382 to understand the conditions under which abstraction outside the authorised period for reservoir filling will not incur enforcement action and will not count towards the annual authorised volume, ensuring their clients remain compliant while maximising water storage.

Source: Original reporting via GOV.UK guidance