What evidence do I need of right of access to an abstraction point

You need to have an ‘entitlement to apply’ when you make a formal application for an abstraction licence.  To meet this requirement, you must either:

• own the land
• occupy/have a right of access; or
• have a prospective right of access

The evidence you will need to provide with your application will depend on how you meet the requirement.

If you own the land

If you own the land then you will need to provide a map showing the boundary of the land you own together with the proposed abstraction point(s).

If you do not own the land then your evidence will need to meet the following requirements and show that you will have a right of access to the proposed abstraction point, for the purpose of abstracting water.

If you occupy or have a right of access to the land

If you occupy or have a right of access to the land then you will need to provide a map showing the boundary of the land you own together with the proposed abstraction point(s) and one or more of the following documents:

• a final copy of the ‘Heads of Terms’ agreement, and/or;
• deed of grant or lease of rights, and/or;
• a conveyance, lease, tenancy agreement or personal rights, and/or;
• a compulsory purchase order. 

If you have a prospective right of access

If you have a prospective right of access at the time of the formal application then you will need to provide a map showing the boundary of the land you own together with the proposed abstraction point(s) and one or more of the following documents:

• a draft copy of the ‘Heads of Terms’ agreement, and/or;
• copies of letters between legal advisors confirming arrangements about right of access and your exclusivity to the agreement & the abstraction point for the purpose of water abstraction.

The right of access must be for a minimum of 12 months after any licence issued would take effect or for the duration of the licence if this is less than 12 months. At formal application stage we are able to accept a draft rights of access to 'entertain' an abstraction licence application but the final right of access must be provided at least 2 weeks prior to the determination date.

We will not accept letters from landholders or statutory declarations as evidence of an appropriate right of access.

Commercially sensitive information

If one of the parties to an agreement granting rights of access thinks the agreement contains commercially sensitive information, for example the fees or rent payable, then it may be possible to redact those parts from the document. However, redacting names, addresses or points of access, for example, would not be acceptable.

Template for applicants to evidence their right of access

To help applicants and their legal advisors, a template Right of Access agreement is available. We will accept a completed template agreement as sufficient evidence of a right of access. Applicants are not obligated to use this agreement and can provide an alternative format that meets the requirements set out above. Applicants are advised to seek their own independent legal advice regarding the content of any legal agreements.

Download a copy of the template Rights of Access agreement from below.