Dutch Mining Act amendment to introduce licensing system for geothermal energy
First Chamber of the States General, Netherlands (source: L. V / flickr, Creative Commons)
Carlo Cariaga
12 Oct 2022
An amendment to the Mining Act of Netherlands creates a permit structure specifically for the extraction of geothermal energy that is more in line with the needs of the industry.
The Senate of the Netherlands has passed an amendment to the country’s Mining Act that creates a separate permit structure specifically for the extraction of geothermal energy. The Ministry of Economic Affairs and Climate Policy (EZK) has announced that the amendment is expected to enter into force by the 2nd quarter of 2023.
The current licensing system for geothermal energy is described in the Mining Act. However, when the Mining Act was introduced in 2002, hardly any geothermal energy production took place in the Netherlands. The adopted amendment to the law introduces a separate permit structure specifically for the extraction of geothermal energy. This structure is more in line with what is needed for detecting and extracting geothermal energy.
A company that wants to extract geothermal energy must first apply for a search area. With this so-called “assignment of geothermal energy search area”, the permit holder can conduct research into the presence of geothermal energy in the soil. Before he can start with the physical activities (drilling, testing and an initial period of extraction), a starting permit must be applied for. Finally, for the actual exploitation, the initiator will have to apply for a follow-up permit with a view to the definitive determination of the extraction area and the extraction activities.
The proposal was adopted by the Senate on October 11, 2002 with 12 parties (Nanninga, PvdA, GroenLinks, D66, SP, PvdD, ChristenUnie, SGP, CDA, VVD, 50PLUS and Frentrop) voting for and 3 parties voting against (Fraction-Otten, PVV and FV). The amended law, decree and regulation will be published no later than 2 months before the amendment takes effect.
This amendment to the Mining Act was cited by Geothermie Nederland as one of the most important needs of the geothermal sector in the Netherlands.
Source: Geothermie Nederland and Eerste Kamer
