Step 2 – Choosing location and assessing requisite space/time

Visible, permanent works (taken to mean structures installed for 6 months or longer) within the 12-mile zone are not permitted. Exceptions to this rule are permanent works associated with activities of national interest. These are permissible within the 12-mile zone if there are no reasonable alternative sites for these and no significant effects are produced to the detriment of coast protection. In such cases, adverse effects on the view of the horizon, recreational activities and fishing should be kept to a minimum. For the policy with regard to wind energy within the 12-mile zone, see section 4.3 of the 2016-2021 North Sea Policy Document (pdf, 14 MB).

Multiple use of space where possible

In areas designated for activities of national interest (see framework vision map), other activities are not allowed to hinder this use. Here it should be noted that a permit-holder may indeed have an exclusive right to utilise, or prospect in, the relevant marine area for the purposes of the activity for which the permit was issued, but this does not confer upon them an exclusive right to all uses of the relevant area. In principle there is space for multiple use, on the proviso that the permit-holder concerned does not experience any unreasonable adverse effects or impediment as a result. The impact on other sectors, including fishery, also needs to be examined. When it comes to the conditions subject to which other initiatives are possible in the same area, the competent authority’s considerations and decision are final. If a user claims to be experiencing adverse effects arising from another lawful form of use, they will be entitled to submit an appeal to the competent authority to have these compensated. This solely relates to losses sustained by individual users that they cannot reasonably be expected to bear themselves and which extend beyond the normal social risk. If the permit authority is the Ministry of Infrastructure and the Environment, then the compensation scheme provided by the Water Act can be used. The Policy Regulation on Compensation for Loss Infrastructure and the Environment 2014 provides for this.

Coordination of activities of national interest

Where activities of national interest are stacked in the same area, the fundamental principle will once again be to strive towards combined, efficient use of space. However, several specific preconditions apply in this regard (see table).

Alternatives

When considering ecological or spatial planning aspects, the competent authority may also wish to include proposals for alternative sites and, in the case of activities requiring an environmental impact statement, ask the initiator to carry out – additional – research in relation to both the preferred and alternative locations, particularly with a view to preventing possible significant ecological effects.]

Items of archaeological and cultural-historical value

The North Sea is a unique archaeological resource, containing historic shipwrecks, submerged prehistoric landscapes and other sites of archaeological interest. When performing seabed interventions on the Dutch continental shelf, consideration must be given to the obligation to conserve items of archaeological and cultural-historical value (or information thereon) in line with the Malta Convention. This Convention has been implemented by way of the Archaeological Heritage Management Act (Wet op de archeologische monumentenzorg, 2006) in such legislation as the Monuments and Historic Buildings Act 1988, the Earth Removal Act and the Environmental Management Act, while also permeating other legislation, such as the Water Act and the offshore wind energy Act.
Items of archaeological and cultural-historical value are taken into consideration in granting permits for projects in the North Sea. Analysing the effects on these items is a compulsory part of the environmental impact assessment for projects. For those activities that require a permit under the Water Act or the Earth Removal Act but for which no project EIA has to be drawn up, the initiator submits a report along with the permit application, sufficiently defining the items of archaeological interest in the area in the opinion of the competent authority.
If, on the basis of the aforementioned report, it is concluded that the work could adversely impact on items of archaeological value, then the competent authority could attach further provisions to the permit, such as an obligation to take technical measures to in situ conservation, an obligation to carry out excavations or to have the activities supervised by an expert in the field of maritime archaeological heritage.
For mining activities requiring an EIA, such as deep drilling and laying of certain pipelines, the protection of items of archaeological and other cultural-historical value is taken into account in the decision as to whether to grant a permit. Under mining regulations, research data for installing a mining installation or laying a pipeline must be made available to the Minister for Education, Culture and Science insofar as that data can provide information on the presence of archaeological heritage or possible archaeological heritage in or on the seabed of the territorial sea or the continental shelf97. Moreover, mining regulations provide for the regulation of accidental finds while mining. The reporting obligation pursuant to the Monuments and Historic Buildings Act then applies and the Minister for Education, Culture and Science can also give instructions to partly or fully halt work. For the application of this authority, the compensation provision of article 58 of the Monuments and Historic Buildings Act 1988 also applies.

Term of permit

A permit is always issued for a set term. Activities at sea are usually of a temporary nature, due to such factors as the considerable dynamics of the sea. Whether or not considerations regarding use of space still correspond to the actual situation is something that will be reviewed regularly. This also prevents space from continuing to be allocated for a purpose when in fact it is not actually being used for that purpose. The competent authority determines a term when granting permits. This is sometimes legally compulsory. Temporal phasing presents opportunities to combine several activities in a certain area.

Removal of objects

The fundamental principle is that objects be removed once a permit has reached the end of its term due to environmental protection measures prohibiting dumping. This removal obligation ensures that more space is freed up. The competent authority communicates the removal obligation to the initiator prior to issuing the permit and lays down specific details regarding the removal obligation in the permit. The competent authority may even demand financial security for the costs of removal.

• Platforms for oil and gas extraction: The removal of installations no longer in use is provided for in Section 44(1) of the Mining Act. The Minister for Economic Affairs can limit this obligation to a certain depth below the bottom of the surface water. In such cases, removal to the same depth as the pits (six metres under the seabed) is the most obvious.
• Wind turbine farms: A term of 20 years applies to permits currently being issued for wind farm operations. This term is based on the lifespan of the turbines. The term can be extended. To be certain that it will be possible to remove the turbines after the permit has expired, a bank guarantee for the costs of removal is a mandatory condition for permit issuance.

• Cables and pipelines:

  • In principle, cables no longer in use must be removed. This policy is implemented by way of permit requirements under the Water Act. An assessment is made on a case-by-case basis of the actual effects on the environment, safety and use of space as well as the costs associated with removal. This is done based on the ‘cables and pipelines removal obligation checklist’. Cables for transmission of electricity from wind farms are subject to the same removal obligation as the wind farms themselves. This removal obligation also applies to new control cables and telecommunications cables.
  • In principle, even pipelines installed under the Water Act must be removed, to which the same checklist applies.
  • oFor old pipelines installed under the Mining Act, removal can be required by the Minister. The same checklist is used for this.