Written question asked by Baroness McIntosh of Pickering (Conservative) on Monday, 13 October 2003, in the House of Commons. It was due for an answer on Thursday, 16 October 2003. It was answered by Elliot Morley (Labour) on Thursday, 16 October 2003 on behalf of the Department for Environment, Food and Rural Affairs.

Dept for Environment Food and Rural Affairs

Question: To ask the Secretary of State for Environment, Food and Rural Affairs, if she will take steps to allow (a) a quarrying abstraction licence to be tied to the life of the planning permission for a quarry and (b) a right of appeal and compensation where a licence is refused or curtailed.

Answer: Miss McIntosh: To ask the Secretary of State for Environment, Food and Rural Affairs if she will take steps to allow (a) a quarrying abstraction licence to be tied to the life of the planning permission for a quarry and (b) a right of appeal and compensation where a licence is refused or curtailed. [131977] Mr. Morley: It is not appropriate for the length of abstraction licences to be tied to the life of planning permissions, as consideration of each address very different issues. The Environment Agency will determine the length of an abstraction licence on a case- by-case basis, using guidance that it has developed and taking into account relevant considerations. If a licence application is refused or curtailed, there is a right of appeal to the Secretary of State under the Water Resources Act 1991. If a licence is varied or revoked during its term, there are provisions under the Water Resources Act 1991 to pay compensation for any loss or damage. In addition, the Water Bill provides that there can be compensation for loss or damage where a licence cannot be granted to any previously exempt abstraction, such as quarry dewatering, when it becomes subject to licensing.

Secondary information