Procedures licences

Contact: Ministry of Economic Affairs see contacts  

NOTE! 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 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 is the competent authority to process a license application for works or installations of which mining is the main purpose.

Method Decision general rules mining environment (Barmm)(only available in Dutch)

Omgevingsloket online (only available in Dutch) 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 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 is the competent authority. Read more... (only available in Dutch).

 

Licence for reconnaissance survey (seismic acquisition), offshore

Chapter 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. ;Consult the maps with shipping lanes and military areas

Acquired data has to be supplied to the Minister of Economic Affairs according to article 108 of the Mining Decree.

The most efficient way to satisfy this requirement and therefore avoid any possible delay in the authorisation process is for Licencees to send the document to:
1. Ministerie van Economische Zaken, Directie Energiemarkt, Postbus 20401, 2500 EK DEN HAAG and
2. the digital version to mijnbouwaanvragen@minez.nl.

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 1dchapter 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
 

Application for exploration or production licence of mineral and geothermal resources

The 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.

The most efficient way to satisfy this requirement and therefore avoid any possible delay in the authorisation process is for Licencees to send the document to:
1. Ministerie van Economische Zaken, Directie Energiemarkt, Postbus 20401, 2500 EK DEN HAAG and
2. the digital version to mijnbouwaanvragen@minez.nl.
 

Practical explanation of the procedure by the Ministry of Economic Affairs


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.

Request form: Exploration Licence application
Request form: Production Licence application

Mining Act: chapter 2, articles 6-24
Mining Decree: article 7
Mining Regulation: article 1.2.1article 1.2.2articles 1.3.1-1.3.3appendix 1 and appendix 2
 

Application for storage licence

The 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.

The most efficient way to satisfy this requirement and therefore avoid any possible delay in the authorisation process is for Licencees to send the document to:
1. Ministerie van Economische Zaken, Directie Energiemarkt, Postbus 20401, 2500 EK DEN HAAG and
2. the digital version to mijnbouwaanvragen@minez.nl.
 

Request form: Storage Licence application

Mining Act: chapter 3, articles 25-32
Mining Decree: article 7 and article 28
Mining Regulation: article 1.2.1article 1.2.2 and article 1.3.4
 

Application for an environmental mining licence

Without 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).

The most efficient way to satisfy this requirement and therefore avoid any possible delay in the authorisation process is for Licencees to send the document to:
1. Ministerie van Economische Zaken, Directie Energiemarkt, Postbus 20401, 2500 EK DEN HAAG and
2. the digital version to mijnbouwaanvragen@minez.nl.
 

Request form: Environmental mining licence application

Mining Act: article 40, clause 2
Mining Decree:
Mining Regulation: sub-chapter 1.2 and sub-chapter 1.4
 

Splitting of a licence

If 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.

The most efficient way to satisfy this requirement and therefore avoid any possible delay in the authorisation process is for Licencees to send the document to:
1. Ministerie van Economische Zaken, Directie Energiemarkt, Postbus 20401, 2500 EK DEN HAAG and
2. the digital version to mijnbouwaanvragen@minez.nl.
 

Request form: Subdivision of Licence applicatio

Mining Act: article 19, sub a
Mining Decree: article 135 and article 136
Mining Regulation: article 1.8.1
 

Combining of licences

For combining two or more licences in a single licence for an area, a joint request of the holders of the licences is submitted.

The most efficient way to satisfy this requirement and therefore avoid any possible delay in the authorisation process is for Licencees to send the document to:
1. Ministerie van Economische Zaken, Directie Energiemarkt, Postbus 20401, 2500 EK DEN HAAG and
2. the digital version to mijnbouwaanvragen@minez.nl.
 

Request form: Merging of Licences application

Mining Act: article 19, sub b
Mining Decree: articles 137-140
Mining Regulation: article 1.8.2
 

Transfer of licences

To transfer a licence to another operator the licencee has to apply for the transfer.

The most efficient way to satisfy this requirement and therefore avoid any possible delay in the authorisation process is for Licencees to send the document to:
1. Ministerie van Economische Zaken, Directie Energiemarkt, Postbus 20401, 2500 EK DEN HAAG and
2. the digital version to mijnbouwaanvragen@minez.nl.
 

Request form: Transfer of Licences application

Mining Act: article 20
Mining Decree:
Mining Regulation: articles 1.3.7, derde lid -1.3.10