FT/EA/2024/0299 - [2025] UKFTT 01138 (GRC)

AWL is a public authority within the meaning of regulation 2(2)(c) of EIR. AWL operates in three regions: Central, East and Southeast.

AWL has assets in its area comprised of boreholes used to abstract water. Abstraction of water through boreholes is not regulated under the Environmental Permitting Regulations 2017 but through the Water Resources (Abstraction and Impounding) Regulations 2006, by means of an “Abstraction Licence”.

An “Abstraction Licence” is “environmental information” for the purposes of EIR as it comprises an administrative measure on the state of the elements of the environment (i.e. water), and the state of human health and safety including contamination of the food chain. It follows that an Abstraction Licence number would similarly be captured.

The Secretary of State has published a Direction under section 208 of the Water Industry Act 1991 titled ‘Security and Emergency Measures (Water and Sewerage Undertakers and Water Supply Licences Direction 2022’ (“the Direction”) [OB-A133]. The Direction was considered requisite and expedient in the interests of national security and for the purpose of mitigating the effects of any civil emergency. AWL must comply with the Direction in relation to the supply of water to the consuming public in its area. It includes the duty [at article 7 and 8] to identify and assess any security risks (including long term risks) to the provision of its water supply, its asset base and supporting infrastructure, and to put in place measures to avoid or, if this is not possible, mitigate those risks.

In 2012, DEFRA published guidance for water companies (including AWL) on the level of detail that can and cannot be published on borehole locations (“the 2012 Guidance”).

AWL considers that “the fact of industry guidance on Boreholes, and the categorisation of levels of “Attack” shows that the threat of attack is real and requires to be addressed and mitigated”. [OB – D207]

On 25 July 2024, AWL provided the Appellant with (i) a list of chalkstream boreholes with a site code, 4-digit national grid reference, Environment Agency WBID reference and the Water Body name given by the Environment Agency; (ii) a “Groundwater Abstraction Sites” map identifying AWL’s supply boundary and borehole locations