Mining & Resources

Get the permits and consents for metal ore mining

Before you open, extend or resume a metal ore mine you need planning permission, environmental permits for mine-water discharge and extractive waste, and — where blasting is used — an explosives licence. Uranium and thorium ore mining additionally needs a radioactive-substances environmental permit. This guide takes you through each consent in turn.

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Opening or extending a metal ore mine needs a series of consents before any extraction begins. These are separate from the workplace and mine-safety duties in the spine: planning permission from the mineral planning authority, environmental permits for discharges and waste, and where you blast, an explosives licence. Uranium and thorium ore mining adds a radioactive-substances environmental permit. Work through the sections that apply to your operation.

A. Minerals planning permission

Working minerals — opening, extending or resuming a mine — is development requiring planning permission from the mineral planning authority (in England the county or unitary council, not the district) under the Town and Country Planning Act 1990, normally with an environmental impact assessment and conditions on working hours, restoration and aftercare, and subject to periodic review of mineral permissions (ROMP). The right to work the ore is a separate private matter (mineral rights or a mining lease from the landowner) that the planning consent does not confer. Devolved equivalents apply under the Town and Country Planning (Scotland) Act 1997, the Planning (Wales) Act 2015 and the Planning Act (Northern Ireland) 2011.

B. Environmental permits for mine-water discharge and extractive waste

An operating metal ore mine needs environmental permits under the Environmental Permitting (England and Wales) Regulations 2016 for discharges of mine water and process water to controlled waters and for the management of extractive (mining) waste. Acid mine drainage and heavy-metal discharge are key concerns for sulphide ores. The regulator is the Environment Agency in England and Natural Resources Wales in Wales; in Scotland SEPA authorises under the Environmental Authorisations (Scotland) Regulations; and in Northern Ireland the NIEA.

C. Explosives for blasting

Where the mine uses explosives to break rock or ore, acquiring, keeping and using those explosives is controlled by the Explosives Regulations 2014. You need a licence or registration to store explosives, with secure storage, separation distances and assigned-name and tracking duties, and competent shotfiring. The Health and Safety Executive is the licensing and enforcing authority for mine explosives; the police license acquisition and keeping in smaller cases. The explosives inventory of a working mine is dealt with here, not under COMAH.

D. Radioactive substances (uranium and thorium ore only)

Uranium and thorium ores are naturally-occurring radioactive material (NORM). Keeping and using radioactive material, and disposing of radioactive waste such as mine tailings and process residues, requires a radioactive-substances environmental permit — the radioactive-substances regime sits within the Environmental Permitting (England and Wales) Regulations 2016. Worker radiation exposure is controlled under the Ionising Radiations Regulations 2017, enforced by the Health and Safety Executive. This is ore mining — the Nuclear Installations Act 1965 nuclear-site-licence regime does not apply.

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    1. Apply for minerals planning permission before you start

    Submit your application to the mineral planning authority, including the environmental impact assessment and your restoration and aftercare plan.

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    2. Get your environmental permits

    Apply to the relevant environmental regulator for mine-water discharge and extractive-waste permits before operations begin.

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    3. Obtain your explosives licence if you blast

    If the mine uses explosives, apply to HSE for a licence or registration to store them; arrange secure storage, track assigned names and appoint competent shotfirers.

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    4. Apply for the radioactive-substances permit if you mine uranium or thorium ore

    Apply to the environmental regulator for the radioactive-substances environmental permit, and put radiation-exposure controls under the Ionising Radiations Regulations 2017 in place.

What to do next

With the consents in place and the safe-mine spine operating, confirm the whole picture with the metal ore mining compliance checklist. Start from the router if you are not sure which guides apply to you.

Official sources

Authoritative guidance on mining permits and consents.