Guidance Notes for Applicants for Coal Exploration Licences
Updated 21 December 2016
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Those wishing to explore for coal will require the permission of the owner of the coal. In virtually all circumstances in England, Scotland and Wales, but not Northern Ireland, the owner will be the Coal Authority (“the Authority”) and we will issue a coal Exploration Licence (“Licence”) for this purpose.
We charge fees in relation to the application, grant and holding of a Licence.
View the charges for services you can request from the Coal Authority
1. Nature of Licence
A Licence can be either exclusive or non‐exclusive over the area applied for and this is requested by the applicant at the Licence application stage.
If an exclusive Licence is requested then a payment to us will be necessary at grant to secure the property rights to the coal for the term of the Licence.
We also grant variations to a Licence including change in Licence area, extension of term and assignment to a new operator.
A copy of our model Licence is available on request.
2. Timing and Content of Applications
The application for a Licence can be made to us at any time but must be in place before any works start. The information to be provided is set out in the application form.
Applicants should note the following when submitting an application.
The application must be in English.
The applicant is required to pay a non‐refundable fee when submitting the application.
We will formally acknowledge receipt of the application. The acknowledged receipt does not constitute an undertaking by us that a Licence will be granted, nor does the grant of a Licence imply any confirmation by us that there is any potential for coal within the Licence area.
We may ask for additional information or clarification from the applicant. It will greatly assist the Coal Authority if applications are full and complete and applicants respond promptly to any request for further information or clarification.
If, following a request by us for further information, a period of 3 months, or other period agreed in writing, elapses without the applicant providing that information, we reserve the right to terminate the application by way of written notification.
If it emerges during the processing of the application that any information supplied by the applicant is false or misleading, or that any material information has been withheld, we may reject the application or, if the Licence has already been granted, we may terminate it by written notice.
3. Determining Applications
We have a target that we will make a determination on whether or not to grant a Licence within 5 weeks of an application being deemed complete.
If we decide to grant a Licence then we will make an offer in writing to the applicant enclosing copies of the legal documents for signing. If the offer is accepted the applicant will be required to pay a grant fee and if it is an exclusive Licence, the property rights payment.
It will greatly assist us if the applicant responds promptly to the offer of a Licence. If, following an offer of a Licence, a period of 2 months elapses without the applicant returning the signed legal documents and paying the required grant fee, we reserve the right to withdraw the offer by way of written notification.
4. Refusal of an Application
If an application for a Licence is refused then we will state in writing our reasons for refusal. The applicant may, within 28 working days, request a review and state in writing to us the reasons why the refusal should be reviewed. The review will be conducted by a panel of members of the Authority and the applicant will be entitled to attend the review and present the written representations.
The applicant will normally be informed of the outcome of the Panel’s review within 28 working days of the review taking place.
5. Term of Licence
The term of a Licence is requested by the applicant but is typically for a minimum of 4 months.
Where a Licence has a term of longer than 1 year then we will charge an annual fee
6. Interaction Agreement
Interaction comprises, broadly, the effects of an operation on another operation. In terms of the Authority, those interaction effects include the flows of water and gas, and effects on the structural integrity of workings, coal seams and the surface.
The Interaction Agreement provides a framework to facilitate arrangements between parties holding licences and agreements from us to deal with possible interaction effects (other than those addressed by the Health and Safety Executive’s regulatory regime). We are a signatory to the Interaction Agreement so interaction effects can be with our operations.
An applicant who has not already done so will be required to become a party to the Interaction Agreement when being granted a Licence.
We may disclose the existence of a Licence and the name and address of the Licence holder to any other party for the purpose of enabling such party to engage with the Licence holder under the terms of the Interaction Agreement.
Copies of the Interaction Agreement are available on request. A list of the parties to the Interaction Agreement is also available directly from us.