The construction and operation of a pipeline to transport gaseous and other products requires a federal permit in addition to regional planning and environmental permits.
Transport permit
The permit for the construction and operation of pipelines for the transport of gaseous products is granted by the Minister of Energy.
To obtain that transport permit, the applicant must submit an application to the Directorate-General for Energy, in accordance with the provisions of the Royal Decree of 14 May 2002. They must also demonstrate their technical and financial ability. The application is examined by the managers of the facilities affected by the pipelines (roads, railroads, etc.), stakeholders, regional and municipal authorities. The consultation takes 60 days and is organised by the Directorate-General for Energy.
The transport permit is granted by ministerial decree for a maximum period of fifty years. The duration may be reduced, in particular depending on the nature of the product to be transported and the associated specific hazards. On expiration, the holder of the permit must either apply for an extension of up to 30 years, renewable once, or relinquish the permit and take all technical and financial measures necessary to protect people and the environment. If it is impossible to guarantee the availability of sufficient financial resources, the minister may impose an advance deposit.
Declaration of public utility
If it turns out that it is not possible to use public land, the pipelines have to be installed on private land.
A declaration of public utility allows the pipelines to run across undeveloped private land for the sake of public utility. Therefore, the areas where the pipelines pass through private land are treated as easements.
In accordance with the provisions of the Royal Decree of 11 March 1966, the applicant must submit the application for declaration of public utility to the Directorate-General for Energy, which will examine the application by asking the municipalities concerned to conduct a public enquiry.
This public enquiry will run for two weeks. It is done through posters, but the main owners, tenants or other users of the land concerned are notified by registered mail. Any complaints or comments following the application will be collected by the Board of Mayor and Aldermen.
After analysis of any complaints or comments, the declaration of public utility is issued by Royal Decree, listing the cadastral plots corresponding to the private land.
