Meet your coal mining regulatory duties

The sector-specific regulatory duties for coal and lignite extraction sit on top of the universal workplace foundation. The core mining regimes apply in England, Scotland and Wales. Northern Ireland has separate mining safety legislation — the Mines Act (Northern Ireland) 1969 and the Quarries (Northern Ireland) Order 1983 — and is not covered in detail in this guide.

A. Coal-mining operation licence

Coal-mining operations — deep or opencast — require a licence under Part II of the Coal Industry Act 1994 from the Mining Remediation Authority (formerly the Coal Authority), which owns most unworked coal in Great Britain on behalf of the nation and grants a lease and access to mine it. "Coal" means bituminous coal, cannel coal and anthracite (s65); lignite (brown coal) is expressly excluded (Schedule 9), so lignite extraction does not need this licence. The licence is separate from planning permission and from the health-and-safety regime. Note: the licensing of new coal extraction is now effectively closed as a matter of policy.

B. Mines or quarries — which safety regime applies

Which extractive safety regime applies turns on the working method, not the mineral. Deep (underground) coal working is a "mine" under regulation 3 of the Mines Regulations 2014; opencast (surface) coal and surface lignite working is a quarry under the Quarries Regulations 1999. You must identify, for each working, whether it is a mine or a quarry and apply the corresponding regime. Both are enforced by the Health and Safety Executive.

C. Deep mining — Mines Regulations 2014

A deep coal mine extracts wholly or substantially by persons working below ground, so it is a "mine" under regulation 3 and the mine operator must comply with the Mines Regulations 2014. You must comply as the principal duty holder (regulation 5) and appoint a competent person as mine manager for day-to-day management and control (regulation 9). You must prepare and maintain a health and safety document and risk assessments, and control the principal mining hazards: ground movement and shafts or roadways, fire and explosion (including firedamp), inrush of gas or water, transport and winding, respirable dust, and emergency escape and rescue. The respirable-dust action level reinforces the COSHH workplace exposure limits underground. HSE enforces across Great Britain.

D. Opencast mining — Quarries Regulations 1999

Opencast (surface) coal working and surface lignite extraction are quarries, not mines. The Quarries Regulations 1999 require you to appoint a competent quarry manager, notify HSE before starting a quarry, prepare and keep under review a health and safety document and geotechnical assessments of excavations and tips, and manage traffic, edge protection, tip stability and shotfiring. Lignite in the United Kingdom would be worked at surface, so it falls under the Quarries Regulations. HSE enforces across Great Britain.

E. Explosives and blasting

Where a mine or quarry uses explosives to break rock or coal, the acquisition, keeping and use of those explosives is controlled by the Explosives Regulations 2014. You need a licence or registration to store explosives, must provide secure storage with the required separation distances, observe assigned-name and tracking duties, and ensure competent shotfiring. The Mines Regulations 2014 and Quarries Regulations 1999 impose additional shotfiring rules specific to each regime. HSE is the licensing and enforcing authority for larger mine and quarry stores; the police license acquisition and keeping in smaller cases.

F. Environmental permits and discharge consents

A coal mine or opencast site needs environmental authorisations under the Environmental Permitting (England and Wales) Regulations 2016 — a mining-waste facility permit for spoil and overburden, and water-discharge consents for mine water and dewatering. The Mining Remediation Authority manages legacy mine-water pollution. The Environment Agency regulates in England. Natural Resources Wales regulates in Wales. In Scotland, SEPA authorises under the Environmental Authorisations (Scotland) Regulations. In Northern Ireland, the NIEA regulates under the Pollution Prevention and Control Regulations (Northern Ireland).