Guidance

Licensing enforcement policy

Published 5 November 2019

1. Background

The Coal Authority’s Licensing department was established under duties contained in the 1994 Coal Industry Act. As the proprietor of most of the coal in Great Britain we issue leases for interests in coal and licences for coal mining activities.

This policy contains provisions and covenants that must be followed by the licensee and the actions we will take if these are breached. Initially, we will inform the operator of the breach and advise them on how they can make sure this does not happen again.

2. Working plans

Working plans need to be submitted according to the provisions of the licence and where a mine is not currently working, a declaration that the mine has not been worked in that period.

Should the working plan not be submitted a reminder letter will be issued after 4 weeks. Should no response be received a further reminder letter will be issued 4 weeks later. Should the licensee not provide the information after 3 reminders, the Coal Authority reserves the right to suspend authorisation to mine.

3. Tonnage/manpower returns

Tonnage and manpower returns should be submitted according to the provisions of the licence. Where the mine is not currently working but not closed, a nil return should still be made.

Should the tonnage/manpower returns not be submitted, we will phone to remind the licensee after 7 days. Should no response be received we will send an estimate based on previous returns on the 15th of the month. Should we have to contact the licensee again this constitutes a breach. Should the licensee not provide the returns after 3 breaches, the Coal Authority reserves the right to commence action to suspend authorisation to mine.

Discrepancies between working plans and tonnage and manpower returns may result in a tonnage check being undertaken. Providing false or misleading production and manpower returns constitutes a breach of the licence.

4. Audit certificates

Audit certificates need to be sent to the Coal Authority as detailed in the relevant provision in the lease.

If requested, details should also be available during the annual licensing site visit. Failure to provide this information may constitute a breach of the lease.

5. Subsidence claims

Details of subsidence claims being dealt with by licensees should be sent to the Coal Authority as detailed in the licence. Details of these claims should also be available at the annual site visit. Failure to provide this information may constitute a breach of the licence.

6. Enforcement notices

Under the Coal Industry Act 1994 we have the right to take enforcement action against licensees for breaches of the terms and conditions of the lease/licence.

Breaches may be dealt with by removal of the authorisation to mine contained within the relevant provisions of the licence issued by the Coal Authority.

More serious breaches of the provisions of the licence or the lease will be dealt with by an enforcement order according to Section 31 of the Coal Industry Act 1994.

A right of appeal exists to challenge the terms of the orders.

7. Enforcement register

The Coal Authority maintains an enforcement register to record occasions where licensees have breached certain covenants contained in the licence. This information may be shared with certain other government agencies under the Memoranda of Understanding (MoU) we have with them.

We will not share this data with any other third parties.

Full details of how to apply for a licence and the terms and conditions can be found on the Coal Authority’s webpages at https://www.gov.uk/guidance/get-a-licence-for-coal-mining