Water UK told Utility Week that its members were “unanimously” in support of the government making them statutory consultees.
However, MPs rejected an amendment to the Infrastructure Bill tabled by the Labour party yesterday, which would have introduced this clause onto the statute paper.
Environment minister Amber Rudd said that the “expertise” of the environment agency would ensure that no permits are issued to a shale gas development if there were risks to groundwater supplies or the environment.
Currently a memorandum of understanding (MoU) between the water industry and the UK Onshore Operators Group (UKOOG) states there will be co-operation between the two groups in a bid to minimise the effects on water resources and the environment.
However, Water UK insists the Infrastructure Bill “is the best place” to have the cause because “it is primary legislation” and will become a key part of the act once it has been passed.
Water UK head of corporate affairs Neil Dhot said: “In the public’s mind the more you can nail this down as a rule rather than a nice agreement between the industries the better, because it is better for public confidence.”
He added that it is “crucial” the government makes water companies statutory consultees before the end of this parliament.
Despite MPs turning down the opportunity to add this to the Infrastructure Bill, Dhot said there is another chance for water companies to become statutory consultees via secondary legislation in the Town and Country Planning Act.
The Department for Communities and Local Government (DCLG) published a consultation in December which asks for feedback on whether including water companies as statutory consultees for fracking applications “will further strengthen the regulatory framework”.
Dhot added: “Ideally it has to be in the infrastructure bill. But at least its live and its an indication that the government is thinking about it.”
The Infrastructure Bill Committee rejected 13 of the 14 amendments tables by the Labour party aimed at “tightening regulations on shale gas”, including a proposal to ban fracking near aquifers.
However, the committee agreed to devolve the licensing of onshore oil and gas extraction to Scotland, as set out in the Smith Commission.