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Procedures licencesNOTE! In the following procedures references are made to the official text of the Mining act. You will find direct links to the relevant articles. Unfortunately the official text of the Mining act is not available in English. However there is an unofficial translation in pdf format available from our legislation page.Application for an environmental licence (Wabo) (as from 1 October 2010)As from 1 October 2010 the Environmental Licensing Bill (Wabo) will come into force. Some 25 existing systems for issuing permits, licences, exemptions and so on for location bound activities which have an impact on our physical environment, are being replaced by a single environmental licence. The main purpose is to establish a single, straightforward procedure with one set of rules for persons or businesses seeking permission for activities which affect the physical environment. This includes one application form to fill in, one single competent authority, one supervision and enforcement authority and one procedure for objections and appeals. The goal is to simplify licensing systems and reduction of expenses for the applicants.After the Wabo comes into force it applies for the Dutch territory, including the territorial sea: the twelve-mile zone. The current procedures and rules for issuing and acquiring licenses for mining activities outside of the twelve-mile zone, will stay unaltered in force after 1 October 2010. Article 3.3 of the Besluit omgevingsrecht states that the Minister of Economic Affairs, Agriculture and Innovation is the competent authority to process a license application for works or installations of which mining is the main purpose. Omgevingsloket online is an instrument to digitally submit and process applications for licenses. With this internet tool it is possible to do a license-check to see whether a license or notification is in order, which information needs to be provided and, if need be, to download a paper application form. The Ministry of Economic Affairs, Agriculture and Innovation strives for receiving applications and accompanying documents, such as building plans, as much as possible in digital form via Omgevingsloket online. Important! Don't forget the information that the Minister of Economic Affairs, Agriculture and Innovation is the competent authority. Read more... (only available in Dutch). Contact: Ministry of Economic Affairs, Agriculture and Innovation Licence for reconnaissance survey (seismic acquisition), offshoreChapter 2 of the Mining Decree describes the rules for seismic acquisition offshore the Netherlands. In general there is no license required for seismic acquisition. Only in the case that shipping lanes military areas are involved special approval is required. One is referred to the map with the shipping lanes and military areas published as an appendix in the Mining Regulation.Acquired data has to be supplied to the Minister of Economic Affairs, Agriculture and Innovation according to article 108 of the Mining Decree. NB! The Netherlands is currently assigning areas in the North Sea of particular interest in terms of nature conservation. A distinctive license in agreement with the Nature Conservation Act (Natuurbeschermingswet) will be required. Mining Act: chapter 1, article 1d, chapter 2, article 49d and chapter 8, article 127 and article 130 Mining Decree: chapter 2, articles 9-23 and chapter 8, article 108 Mining Regulation: chapter 2, articles 2.1.1-2.8.1 Contact: Ministry of Economic Affairs, Agriculture and Innovation Application for exploration or production licence of mineral and geothermal resourcesThe exploration and production of mineral and geothermal resources require an appropriate permit from the Dutch Minister of Economic Affairs. The procedure to apply for such a permit is outlined in chapter 2 of the Mining Act (articles 14–17 in particular) and detailed in chapter 1 of the Mining Regulations. Section 1.2 and 1.3 and appendices 1 and 2 of the Mining Regulations contain a summary of the information that must be provided with a permit application.
Article 1.3.1 of the Mining Decree states that an applicant for an exploration licence will have to submit a geological report. The contents of this report are described in sub 2d. Following questions by operators on the realization of this geological report you can download a report by TNO as an example. This report illustrates to what detail/depth the content of the geological report can be treated. It will not need further explanation that every application will have to deal with specific local and/or regional aspects. It is the responsibility of the operator to adequately describe these. The here presented report should be treated as an assistance to the applicant, from which no rights can be derived.
Mining Act: chapter 2, articles 6-24 Mining Decree: article 7 Mining Regulation: article 1.2.1, article 1.2.2, articles 1.3.1-1.3.3, appendix 1 and appendix 2 Contact: Ministry of Economic Affairs, Agriculture and Innovation Application for storage licenceThe underground storage of materials requires an appropriate permit from the Dutch Minister of Economic Affairs. The procedure to apply for such a permit is outlined in chapter 3 of the Mining Act. Article 1.3.4, appendix 1 and appendix 2 of the Mining Decree contain a summary of the information that must be provided with a permit application.
Mining Act: chapter 3, articles 25-32 Mining Decree: article 7 and article 28 Mining Regulation: article 1.2.1, article 1.2.2 and article 1.3.4 Contact: Ministry of Economic Affairs, Agriculture and Innovation Application for an environmental mining licenceWithout a licence from our Minister of Economic Affairs it is prohibited to erect a mining work or to continue its existance. This prohition does not apply to mining works belonging to a category that is exempted from this prohibition by or by virtue of an order in council and for which that order in council sets rules for the protection of the environment (Mining Act article 40, clause 2 in conjunction with Mining Regulation sub-chapters 1.2 and 1.4).
Mining Act: article 40, clause 2 Mining Decree: Mining Regulation: sub-chapter 1.2 and sub-chapter 1.4 Contact: Ministry of Economic Affairs, Agriculture and Innovation Splitting of a licenceIf the holder of a licence wishes to transfer part of the licence to another party, he must submit an appliacation for the splitting of the licence as referred to in article 19.a.
Mining Act: article 19, sub a Mining Decree: article 135 and article 136 Mining Regulation: article 1.8.1 Contact: Ministry of Economic Affairs, Agriculture and Innovation Combining of licencesFor combining two or more licences in a single licence for an area, a joint request of the holders of the licences is submitted.
Mining Act: article 19, sub b Mining Decree: articles 137-140 Mining Regulation: article 1.8.2 Contact: Ministry of Economic Affairs, Agriculture and Innovation Transfer of licencesTo transfer a licence to another operator the licencee has to apply for the transfer.
Mining Act: article 20 Mining Decree: Mining Regulation: articles 1.3.7, derde lid -1.3.10 Contact: Ministry of Economic Affairs, Agriculture and Innovation |
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