Notional Field Development Final Report - EBN

EBN Notional Field Development Plan
first rights to object to the decision for the application of a production permit. Objection against the
decision is possible through the State Division of State Council (Article 142 ML).
4.2.3.2 Procedure and authority production plan
Unlike the production permit, the production plan falls under the NCR as applicable to the initiative. The
procedure is referred to in the previous section that relates to the NCR.
Even if the NCR would not apply, the uniform, public preparation procedure of Section 3.4 of the
General Administrative Law (GAL) is applicable to the production plan. This means that a first draft of
the production plan should be made available for public review and objections may be filed. The
Minister of Economic Affairs, Agriculture, and Innovation has six months to render a decision on
whether or not to approve the production plan as submitted. Appeals of their decision may be filed
with the Division of the Council of State.
4.2.4 Decree General Environmental Rules - Mining Activities
The Decree General Environmental Rules – Mining Activities (Barmm) is applicable to temporary mobile
installations for the construction, testing, maintenance, repair, or decommissioning of a borehole. In
this scenario which involves the more permanent extraction of minerals, for which the permit
application process applies, this decree is therefore not applicable.
4.2.5 Spatial Planning Act
The Spatial Planning Act (SPA) regulates the establishment and modification of spatial planning in the
Netherlands. The law requires local governments to draw up more indicative plans (structural visions),
but also applies to civic integration and binding zoning. Furthermore, the law provides the opportunity
to lay out general spatial rules, which work through in lower planning.
The buildings, pipelines, and other installations associated with gas extraction should be reviewed in
relation to existing zoning requirements. It may be presumed that the zoning does not allow for a major
gas extraction development project, so a zoning variance procedure is necessary. The zoning criterion is
“good spatial planning.” As part of this variance request, the effects of the plan will be examined to
ensure they are consistent with the planning policy, and that the environmental and nature standards
are not violated.
4.2.5.1 Procedure and authority
In principle, a zoning plan is set by the town council. In cases where the NCR is applicable, the Ministers
of Infrastructure and Environment, Economic Affairs, Agriculture, and Innovation, shall determine a
governmental integration plan. Other decisions considered to be necessary, will be prepared in parallel
to the integration plan’s development procedure.
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