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Extraction licence -foreseeable requirement?

4 replies [Last post]
Gary Whitehead
User offline. Last seen 6 years 1 week ago. Offline
The need to obtain an extraction licence for a small wind pump seems to have been overlooked until quite late in the day on one of my projects.
The contractor is saying this licence is for the service condition of the pump, and therefore not in their scope.
I’m leaning towards the argument that getting the necessary permits is their responsibility and even though not specifically mentioned in the contract, should have been reasonably foreseable by a competent contractor.

UK project, IchemE Target cost contract.

What’s your opinion?

Replies

Andrew Flowerdew
User offline. Last seen 3 years 30 weeks ago. Offline
Joined: 14 Dec 2004
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Gary,

Memories very vague on this one, wish I could be of more help but:

Think you can extract up to approx 4000 gallons, (20m3), a day without a licence which would probably cover commissioning. Think the average UK familly uses about 0.5m3 per day.

What needs to be stated on a licence - haven’t a clue these days, but I doubt you’d have to update the licence if say, you renewed the pump, (but maybe you do????), which also begs the question:

Is a licence taken out in a specific person or company’s name or does it run with the land? i.e, if you had one at home and sold your house, would the new owner need to change the name on the licence or is it applicable to a specific address whoever lives there? Not conclusive but may point to who should apply for it.
Gary Whitehead
User offline. Last seen 6 years 1 week ago. Offline
I don’t have the relevant docs to hand either, but I thought the licence listed the equipment that was extracting as well as total quantity, so even if total quantity didn’t change the licence would still need to be ammended to accomodate the new pump.

In any event, wouldn’t they need the licence in order to commission the pump?
Andrew Flowerdew
User offline. Last seen 3 years 30 weeks ago. Offline
Joined: 14 Dec 2004
Posts: 960
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Haven’t got a copy of the IChemE burgundy book and it’s been a long time since I read the contents of an extraction licence, but as far as I can remember an extraction licence is required for control of the amount of water taken from the source, not the installation of the extraction equipment - but I could be wrong, it has been a long time! The Water Act 2003 did change things quite a bit.

But absent words in the contract, I’m thinking the purpose of the licence will determine who should have got the licence.
Mal Leadbetter
User offline. Last seen 11 years 39 weeks ago. Offline
Joined: 22 Aug 2001
Posts: 61
Groups: TILOS
Gary

Personally I would have thought it is the clients responsibility as the installation contractor is not the user.

Regards