Clause 29 - Withdrawal of compensation for certain revocations and variations
Water Bill [Lords]
4:30 pm
Mr Elliot Morley (Minister of State (Environment and Agri-Environment), Department for Environment, Food and Rural Affairs; Scunthorpe, Labour)
The clause introduces a new power by which, from 2012, the agency can revoke, without payment of compensation, any permanent licence that is causing serious damage to the environment. We have discussed that, and the principle behind it is understood. There is a right of appeal against the decision, either to the Secretary of State or to the National Assembly for Wales, depending on the case.
The amendment would enable the Secretary of State to substitute a date later than 15 July 2012. There are numerous environmentally damaging abstractions throughout England and Wales, and many of those are in place for historical reasons. I said that one or two of those might have to be dealt with earlier than 2012. Some of the licences would not have been granted today, given the agency's current knowledge of water resource management.
Abstractors must work with the agency to ensure that environmentally damaging abstractions are replaced with a sustainable alternative. I reiterate that removal of the licence is a last resort; there may be alternatives that can be put in place through work with
the abstractor. We see no reason to delay dealing with the damaging abstractions beyond 2012, bearing it in mind that the notice period started from when the Bill appeared in draft form. Those who hold licences have therefore had a long period of advance notice of the changes that will take place.