Form

Guidance notes for applicants for incidental coal agreements

Updated 18 November 2016

Anyone developing in England, Scotland and Wales could encounter coal deposits or historical coal mine workings.

For various reasons these could pose a risk or hinder the proposed development and, if they cannot be avoided through design or remedial techniques, may need to be removed.

Where the Coal Authority is satisfied that the removal of unworked coal or remnant coal left within former mine workings is necessary and can be undertaken in a safe manner, we will offer the developer an incidental coal agreement to authorise the activity.

We charge an application fee for an agreement and a royalty for each tonne of coal severed from the seam.

View the Coal Authority’s fees and charges.

If you are in any doubt about whether you need an incidental coal agreement, please contact our licensing and permissions team for further advice:

Coal Authority Permitting and Licensing team

Coal Authority
200 Lichfield Lane
Mansfield
Nottinghamshire
NG18 4RG

Email permissions@coal.gov.uk

Telephone 01623 637 450

Monday to Thursday: 8:45am to 5:00pm
Friday: 8:45am to 4:30pm

1. Nature of agreement

We will only grant an agreement to facilitate the removal of coal necessary for the development to proceed and we will require evidence that the relevant planning authority is aware and is in agreement that coal removal will take place.

A copy of our model agreement is available on request.

2. Timing and content of applications

The application for an agreement can be made to us at any time but must be in place before any works start.

When submitting an application:

• it must be in English
• the applicant must pay a non‐refundable fee

We will formally acknowledge receipt of the application. This does not constitute an undertaking by us that an agreement will be granted, nor does the grant of an agreement imply any confirmation by us that there is any potential for coal within the agreement area.

We may ask for additional information or clarification from the applicant. It will greatly assist us 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 agreement 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 an agreement within 5 weeks of an application being deemed complete.

It will greatly assist us if the applicant responds promptly to the offer of an agreement. If, following an offer of an agreement, a period of 2 months elapses without the applicant returning the signed legal documents, we reserve the right to withdraw the offer by way of written notification.

4. Term of agreement

The term of an agreement will be agreed with the applicant and will normally match that of the anticipated coal recovery period for the operation. Any leeway to cover operational delays will be dealt with on a case by case basis.