1. What is incidental coal

Incidental coal includes any coal excavated in the course of a development activity, where the removal of the coal is necessary but its removal is incidental to the main purpose of that activity.

Examples include the excavation of building foundations, service trenches, development platforms, earthworks or non-coal mineral operations. The coal could be present in the form of unworked coal seams or remnant coal left within former mine workings.

2. Why you need an incidental coal agreement

The majority of coal seams in Great Britain are owned by the Mining Remediation Authority on behalf the country and any activities disturbing or excavating the coal must have the prior authorisation of the Mining Remediation Authority.

The granting of an incidental coal agreement authorises the excavation of coal and transfers the property rights of the coal once it has been severed from the seam.

Any development in the coalfield areas of England, Scotland and Wales could encounter coal seams 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, might need to be removed.

Where we are 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 grant an incidental coal agreement to authorise the activity.

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

A copy of our model agreement is available on request.

Where the removal of coal is not necessary but the disturbance of coal mines or coal is proposed a permit is required. You must get a permit to enter, disturb or change coal mines or coal managed or owned by the Mining Remediation Authority that is on your property.

This includes coal seams under your property and coal workings, such as existing mine tunnels and mine entrances. You need to get a permit if you want to cap the mine, fill the mine, drill boreholes through a coal seam or build over or near to the entrance of the mine.

3. How to apply

An application for an incidental coal agreement can be made at any time before works commence but an incidental coal agreement must be in place before any coal is removed.

All applications must include payment of a £250 non-refundable application fee.

We will formally acknowledge receipt of your 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 to be present within the agreement area.

If an incidental coal agreement is granted, all coal removed under the agreement will be subject to a royalty payment of £1 per tonne plus VAT.

A royalty payment is required because the granting of an agreement is a property-related undertaking, giving the operator ongoing rights to the coal once it has been severed from the seam.

4. Determination of applications

We will endeavour to determine an application within 5 weeks of it being deemed complete. A complete application includes the submission of a completed application form, payment of the £250 application fee and the provision of any additional information that may be requested.

All applications must be fully complete and any requests for additional information should be responded to promptly. If, following a request for further information a period of 3 months or other period agreed in writing elapses without the information being provided, we reserve the right to terminate the application by way of written notification.

Following the determination of an application, and where we are minded to grant an incidental coal agreement, this will be made by way of an offer which the applicant should promptly respond to.

If, following an offer of an agreement, a period of 2 months elapses without the offer being accepted, we reserve the right to withdraw the offer by way of written notification. If the offer is accepted, we will grant an incidental coal agreement.

If it emerges during the processing of an application that any information supplied by the applicant is false or misleading, or that any material information has been withheld, we could reject the application or, if the agreement has already been granted, we could terminate it by written notice.

5. Duration of an agreement

The term of an incidental coal agreement is not fixed and will vary depending on the requirements of the development. The term of an agreement will be determined on a case by case basis.

The term of an agreement will be agreed with the applicant and must cover the period when coal recovery is undertaken, including any reasonable term contingencies.

Once an incidental coal agreement has been granted it cannot be varied, including any alterations to the area or time period. Nor can it be transferred to another party.

6. Publication of incidental coal agreements and coal declarations

If granted, all incidental coal agreements will be published on our GOV.UK webpage.

Under an incidental coal agreement an operator has an obligation to submit monthly coal tonnage declarations. You can view the amount of coal excavated under incidental coal agreements here.

7. Non compliance

If the incidental excavation of coal is undertaken without an agreement being in place, this will constitute trespass of our property.

All instances of non-compliance will be recorded in a non-compliance register and, where multiple offences are recorded by the same party or, if the scale or impact of an offence warrants it, legal action could be taken.

8. Health, safety and the environment

If there is evidence of spontaneous combustion of coal, uncontrolled emissions of mine gas or water or other hazards, during the course of the granted activities, the hazard should be reported to our 24/7 hazard line on 0800 288 4242.

Failure to report a hazard or remedy hazards resulting from works agreed, or where unauthorised alterations to working methods give rise to hazards occurring, these failures will be investigated by the Mining Remediation Authority.

If we have immediate and serious public safety or environmental concerns, or if the agreement holder fails to agree a remedy within a reasonable timescale, this could result in the matter being referred to the Health and Safety Executive (HSE) or appropriate environmental regulator (Environment Agency, Scottish Environment Protection Agency or Natural Resources Wales).

Any referrals to the HSE or environmental regulators will also result in referral of the case to our legal team.

9. If you are unhappy with our service

If you are unhappy with any part of our service, let us know so we can do our best to put things right.

The quickest way to resolve your concern is to contact the licensing team explaining why you are unhappy. If you feel your complaint has not been resolved, you can make a formal complaint to our customer services team by emailing customerservice@miningremediation.gov.uk

10. Contact us

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