The construction and operation of a pipeline to transport gaseous products requires a federal permit. Two types of permits can be distinguished:
- a transport permit
- a declaration of public utility
Transport permit
The transport 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, which must be in accordance with the provisions of the Royal Decree of 14 May 2002. If the applicant is submitting a licence application for the first time, they must also demonstrate their technical and financial ability.
Once the permit request is complete, the Directorate-General for Energy organises a 60-day consultation. During this consultation, all authorities involved are consulted. This includes regional and municipal authorities as well as the managers of network infrastructure (internet, water, electricity, railway, roads, etc.).
The transport permit is granted 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. After fifty years, the transport permit can be extended. An extension is granted for a maximum period of thirty years. If the permit holder does not apply for an extension, the transport permit will expire and the permit holder will be obliged to take all measures necessary to protect people and the environment.
Declaration of public utility
If it is not possible to build the necessary facilities solely on public land, private land may also be used. In that case, a declaration of public utility is required.
A declaration of public utility allows the pipelines to run across undeveloped private land. Therefore, the areas where the pipelines pass through private land are treated as easements.
To obtain a declaration of public utility, the applicant must submit the application to the Directorate-General for Energy. The permit application must be in accordance with the provisions of the Royal Decree of 11 March 1966.
Once the permit application has been completed, all private owners and users of the private land will be consulted. This will be done through the relevant municipalities. This public inquiry will last 30 days. Any objections or comments to which the application gives rise will be collected by the relevant municipalities and submitted to the Directorate-General for Energy. After analysing any complaints or comments, the declaration of public utility will be granted by royal decree. This decree will list all the plots on which the pipeline may be laid. The private owner has the option of selling the occupied part of his plot to the permit holder. This must be done within two years of notification of the granting of the permit.
Contact
Consult the Directorate-General for Energy for more information about the permits.
Directorate-General for Energy – Permits Department
Boulevard Roi Albert II, 16
1000 Brussels
Email: pipelines@economie.fgov.be
