Mining

Mining Activities in Relation to the Physical Living Environment under the Environment and Planning Act

While the Mining Act (Mijnbouwwet) itself will remain in place, from 1 January 2024 it is no longer the framework to be used for obtaining the necessary approvals for creating and operating mining works in relation to the physical environment. With the entry into force of the EPA, that activity has become subject to a permit requirement pursuant to the Environmental Activities Decree (Besluit activiteiten leefomgeving, or EAD). As a result, the regulation of mining activities now bears a closer resemblance to the regulation of industrial activities than was previously the case. In addition, operators of mining activities could face additional rules from the municipal physical environment plan from 1 January.

Our Mining factsheet briefly outlines the implications of the EPA's entry into force for mining activities and notes the additional rules that could apply to such activities. It also touches on the main differences between the old and new law on mining activities and sets out a few practical issues to bear in mind. 

If you have any questions, please do not hesitate to contact one of our experts: Marloes Brans, Luurt Wildeboer, Jet Akkerman, Felix Kelder or Danai Bagourda.