If an applicant for instance wishes to drill in an environmentally sensitive area, then in addition to an environmental license, a further license based on the nature protection legislation such as the Nature Protection Act or the Flora and Fauna Act may also be required.
A license based on the Mining Act is not required to drill for oil or gas provided that this does not take place in a vulnerable location. In this case the general rulings of AMvB Drilling apply.
Working conditions and working hours legislation
Before 2003 oil and gas companies were indemnified from Dutch working conditions legislation, better known locally as the Arbo Act. The health and safety standards were covered in the Mining Act. However, since 1 January 2003 this changed and the working conditions legislation also applies to mining activities on Dutch territory and the Dutch continental shelf. In the same way working hours legislation is also applicable.
Spatial planning and surroundings
For drilling activities on land the Wet Algemene Bepalingen Omgevingsrecht (General Environmental Protection Act) applies as does spatial planning legislation.
The Gas act
Also of importance to the mining industry is the Gas Act. This contains rules pertaining to transport and supply of gas and regulates the European guideline of 1998 in the context of further liberalisation of the internal European gas market.