Hydropower – a regulatory perspective Jacques Sisson EA North Wales Area Account Manager HEP Area Environmental Planning Team

Environment Agency Policy on Hydropower shaped by the need for climate change mitigation supports the Government’s targets for the use of renewable energy (15% by 2020) duty to protect the environment and balance the benefits/impacts facilitate DECC ‘Feed in Tariff’ initiative

Feed in Tariffs (FIT): FITs introduced in 2008 Energy Act Tariff for every KWh produced, for own use and for feeding into the National Grid. Additional bonus payments for electricity you export into the grid A reduction on your standard electricity bill, from using energy you produce yourself

Developer NCCC PSC Team Leader Account Manager Advice: What type of permit? Indicative score (HH) Site visit if needed Amount of water to be licensed Any pipeline route issues Advice to contact CCW, SNP, LA Virtual Team Fisheries Hydrology Biodiversity WFD Flood risk management Planning Liaison NPS Formal application 1. WR135 pre-app (20 days) (10 days) Pre-application 2. Allocation 3. Consultation WR49 4. Advise formal application HEP permitting process 3-4mths No statutory time limit

Agency Permits Impounding licence Abstraction licence (full/transfer) Flood defence consent Fish pass approval

Impoundment licence Structure that obstructs or impedes flow of inland water Examples dams, weirs Not time limited Cost £135 application fee + £100 advertising fee + costs

Abstraction licence Required to remove or abstract water from: a surface source e.g. river, stream, canal, reservoir, lake ; an underground source e.g. aquifer Generating less than 5MW – no annual charge

What does HEP look like?

What does HEP look like here?

Resource assessment How much water is there? How much water can be abstracted? How much water does the ecology require? What would the impacts of abstraction be?

Legislation Domestic: Water Resources Act 1991 Water Act 2003 Environment Act 1995 Land Drainage Act Technical Advice Note 15, Development and Flood Risk (July 2004) Salmon and Freshwater Fisheries Act 1975 The Marine and Coastal Access Act (eels)

Legislation European Natura 2000 aka Habitats Directive Water Framework Directive 2000 Eels Directive 2007 Freshwater Fish Directive 2006 Shellfish Waters Directive 2006

CAMS: 5 WRMUs WFD: 34 Waterbodies

Consider: Abstraction Regime Impacts on stream flow: Flow depletion Flow variability Reduced in-river & marginal habitat Flow barriers to fish passage

Environmental score – High Head HEP Depleted reach: assessed for potential impact on the sensitivity of the river to abstraction Scores for river physicality, fish, macro-phytes and macro-invertebrates Score will determine the percentage of flow available for abstraction, the more sensitive the river, the less water available. A % of the available flow above the HoF (HH).

WALES Scores for High Head HEP Maximum abstraction percentage allowed BANDEnv. Score Percentage allowable take above HoF Seasonal variation (additional %age where applicable) A41 – 4840Up to +20% B31 – 4050Up to +20% C21 – 3060Up to +20% D11 – 2070Up to +20% E10 or less

Physical characteristics Riffles, pools, small falls Waterfalls

Pools and weirs

Macro-invertebrates Mayfly - Heptageniidae Whirlygig beetle - Gyrinidae

Macro-phytes Water starwort - Callitriche Afon Alwen bryophyte population

Fish European eel – Anguilla anguilla Atlantic salmon – Salmo salar Sea trout - Salmo trutta

Lamprey!

Appropriate screening X

Dinorwic Fish PassRuthin Weir

Osbaston HEP, River Monnow in Monmouthshire

Good Practice Guide

Low Head HEP Abstraction of the available flow above HoF (LH) ‘Fish friendly turbines’: archimedes screw kaplan. No abstraction licence required if turbine is in the weir

Other considerations: Impact on other protected species e.g. otters, water voles Planning approval in a designated area (SNPA, LAs, CCW) Proximity to public footpaths/amenity value Proximity to/limit of existing electricity grid connection Land ownership esp. riparian