Extraction licence -foreseeable requirement?
In the Open Standard
Gary WhiteheadMember for 17 years 6 months
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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?
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?
4 replies
Oldest first- 0Andrew Flowerdew ·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. - 0Gary Whitehead ·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?
- 0Andrew Flowerdew ·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.
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