Guidance

Passive dewatering: regulatory position statement

Published 10 December 2020

Applies to England

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This publication is available at https://www.gov.uk/government/publications/passive-dewatering-regulatory-position-statement/passive-dewatering-regulatory-position-statement

Passive dewatering is when groundwater is discharged to the surface under the influence of gravity. It is classed as an abstraction.

Most passive dewatering schemes are small and do not pose a risk to the environment or groundwater table. (Active dewatering uses pumping equipment – you need a water abstraction licence for this.)

The Environment Agency has published this regulatory position statement (RPS) so that it does not need to regulate low risk passive dewatering.

If you comply with the conditions in this RPS, you do not need a water abstraction licence from the Environment Agency for passive dewatering.

When this RPS applies

This RPS only applies to abstractions that were exempt under section 29(1) of the Water Resources Act 1991 (before section 5 of the Water Act 2003 was published).

It includes passive dewatering, for example to:

  • prevent flooding to roads and railway cuttings
  • prevent interference with mining, quarrying, engineering or building operations
  • provide back wall drainage at landfill sites

This RPS does not apply:

  • where the abstraction was originally for mine water remediation or treatment to reduce the impacts of contaminated water
  • to passive dewatering that may cause environmental damage
  • where the water is used for a subsequent purpose
  • to any other activity, even if it is under the same legislation – you may still need other permits or licences for other activities you carry out

Conditions you must comply with

You must:

  • only carry out passive dewatering – where groundwater is discharged or drained by gravity
  • make sure the passive dewatering only allows the construction of, or maintains the operational life of, infrastructure such as road and railway tunnels and cuttings

You must not:

  • reuse groundwater after passive dewatering
  • use pumping equipment to abstract or relocate groundwater

You must make sure that your abstraction does not cause:

  • damage to a conservation site or specific features in or on this type of site
  • damage to protected species
  • loss or damage to any spring, well or borehole used to supply water for any existing lawful use

Enforcement

A RPS means that the Environment Agency will not normally take enforcement action against you if:

  • your activity meets the description set out in this RPS
  • you comply with the conditions set out in this RPS
  • your activity does not, and is not likely to, cause environmental pollution or harm human health

When to check back

We will review this RPS in December 2022. You will need to check back then to see if it still applies or if you need to apply for a water abstraction licence.

Contact the Environment Agency

Please contact the Environment Agency if you do not know whether you need a water abstraction licence. We can send you further guidance, which includes different scenarios, on request.

General enquiries

National Customer Contact Centre
PO Box 544
Rotherham
S60 1BY

Email enquiries@environment-agency.gov.uk

Telephone 03708 506 506

Telephone from outside the UK (Monday to Friday, 8am to 6pm GMT) +44 (0) 114 282 5312

Monday to Friday, 8am to 6pm.

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