Thesis-Anne-Vos-Masters-SBR-and-EU-Law-3

This concept will be available for inspection
until the 9 th of July. Up till then, everybody can
submit a written opinion (zienswijze). Advice
will be requested from an independent
supervisory board (not the Mining council),
and also from different legal advisers,
relevant competent authorities, authorities
abroad and other stakeholders. All these
advices and written opinions will be taken into
consideration by the Commission EIA in her
advice. After the summer, the definitive
memorandum on scope and level of detail is
expected. Hereafter, the actual plan-EIA can
be carried out. The draft Structure Vision on
Shale Gas is expected in the beginning of
2015. An overview of the (future)
developments can be clarified by the added
table. 141
4.2 Exploration permit
The first step in the roadmap is that the mining company submits an application to the Ministry of
Economic Affairs for an exploration permit. According to the mining regulation in the Netherlands a
distinction has to be made between the period of exploration and the period of extraction. First, the
application for the exploration permit has to be submitted. According to Article 6 of the Mining Act
(Mijnbouwwet), the exploration of minerals is not allowed without a license of the Minister of
Economic Affairs. A licence will not be granted insofar as it, at the date of its effectiveness, would
apply to an area for which at that moment in time a licence, held by another person for the same
minerals would already apply. In other words, for a specific area only one exploration license is
allowed. This means that the exploration license provides for an exclusive right and that they are
scarce rights. Therefore, pursuant to Article 15, other companies shall be given the opportunity to
submit applications for a similar licence for the same mineral and area. This procedure is an
implementation of the Hydrocarbons Directive. Others may submit applications during 13 weeks
after the publication of the invitation in the Staatscourant, or, if it concerns hydrocarbons, the
Official Journal of the European Community. This license is not an operating license, but focuses
on the market regulation. If granted, an exploratory drilling may be carried out. If it appears from
this drilling that there are economically recoverable amounts of shale gas in the soil, an application
for an extraction permit can be submitted. This latter permit will be discussed in paragraph 4.7.
Gedeputeerde Staten (the Provincial Executive), of the province which is covered by the
application for a licence, shall be enabled to advise on the application submitted within a
reasonable timeframe to be set by the Minister. 142 The Minister also has to ask for advice from
others, inter alia from the Mijnraad (Mining Council) concerning the granting of Article 6-permits,
and from the TNO. 143 Advice of drinking water companies is not obligatory, although these
companies ask for a formal status as advisor since a long time. With regard to the Mining Council,
it should be mentioned here that it is remarkable that its formation is secret, whereby it is unclear
who sits in this Council. The Minister of Economic Affairs shall, in principle, reach a decision on an
application for a licence within 6 months after its receipt. The Minister can extend the period only
141
Source: Ministry of Economic Affairs, May 2014.
142
Article 16 of the Mining Act.
143
Paragraph 6.1 Mining Act and Article 123(2) Mining Act in conjunction with Article 11.4.1 of the Mining Regulation.
35