Nederlandse mynbouwetgewing: permitte, mynbouskade en die energie-oorgang

Dutch mining law requires a licence from the Minister for exploring for or producing minerals (Article 6 of the Mining Act), for storing substances (Article 25) and for geothermal energy (Article 24b). The operator of a mining installation is strictly liable for damage caused by ground movement under Article 6:177 of the Dutch Civil Code (BW), and for Groningen a statutory presumption of causation applies (Article 6:177a BW).

Die Mining Act (Mijnbouwwet) has been in force since 1 January 2003. Since the earthquakes in Groningen, the focus has shifted from enabling extraction to safety, damage recovery and new uses of the subsurface, such as geothermal energy, CO₂ storage and hydrogen storage. Gas production from the Groningen field stopped on 1 October 2023 and the field was closed by law with effect from 1 May 2024.

Which licences do you need for mining activities?

Under Article 6 of the Mining Act it is prohibited to explore for or produce minerals without a licence from the Minister. Storing substances, such as natural gas or CO₂, and exploring for CO₂ storage complexes require a storage licence under Article 25. Geothermal energy requires a start licence or follow-up licence (startvergunning or vervolgvergunning aardwarmte) under Article 24b.

An exploration licence does not automatically give a right to produce. A licence is defined by activity, mineral, area and duration, and the application is assessed on, among other things, technical and financial capacity and the intended way of working. The Mining Act is worked out further in the Mining Decree (Mijnbouwbesluit) and the Mining Regulation (Mijnbouwregeling).

What is a production plan?

Production must take place in accordance with a production plan (winningsplan) that requires the Minister’s consent (Article 34 of the Mining Act). The plan describes, among other things, the expected quantity of minerals, the duration and method of production, the annual output, the expected ground movement and the measures to prevent damage from it (Article 35).

Under Article 36, the Minister may refuse consent in whole or in part only on the grounds listed there, such as the safety of local residents, the prevention of damage to buildings and infrastructure, the planned management of natural resources or adverse effects on the environment. Consent may be given subject to restrictions and conditions.

How does the Mining Act relate to the Environment and Planning Act?

The Mining Act is special legislation alongside the Environment and Planning Act (Omgevingswet). Depending on the project, rules on environmental impact assessment, nature, water and spatial planning also apply, so a mining file is rarely limited to the mining licence.

Under Article 10.9 of the Environment and Planning Act, a landowner must tolerate exploration, production and storage under the Mining Act at a depth of more than 100 metres below the surface. Article 18.5a of that Act assigns enforcement tasks on mining to the body that is competent under Chapter 8 of the Mining Act.

Which EU rules apply?

EU law shapes the national rules. Directive 2013/30/EU sets safety requirements for offshore oil and gas operations, with emphasis on risk management and the prevention of major accidents. Directive 2009/31/EC (the CCS Directive) governs the geological storage of CO₂, including site selection, monitoring, closure and financial security. The EU rules on licensing hydrocarbons require transparent and non-discriminatory access to exploration and production.

Who decides and who supervises?

The Minister grants licences, consents to production plans and removal plans, and sets requirements for financial security. Advisory bodies include the Mining Council (Mijnraad, Article 105 of the Mining Act), State Supervision of Mines and TNO, and regional authorities are involved in decisions on production plans.

State Supervision of Mines (Staatstoezicht op de Mijnen, SodM) supervises compliance under Article 127 of the Mining Act. Under Article 132, the Inspector General of Mines may impose an administrative enforcement order (last onder bestuursdwang) for most obligations under the Act. SodM supervises and advises; the Minister decides.

EBN (Energie Beheer Nederland) is the state participant in Dutch oil and gas production. It is not a supervisor or licensing authority, but in its relationship with NAM it was held to be an operator for the purposes of strict liability (ECLI:NL:HR:2019:1278).

Wie is aanspreeklik vir mynskade?

The operator. Under Artikel 6:177 BW, the operator of a mining installation is liable, regardless of fault, for damage caused by the escape of minerals through loss of control over underground forces, and for damage caused by ground movement resulting from the construction or operation of the installation.

The operator is the holder of a licence under Article 6, 24b or 25 of the Mining Act who builds or uses the installation, or anyone else who does so other than as a subordinate. This strict liability applies throughout the Netherlands, not only in Groningen.

How does the Groningen presumption work?

Onder Artikel 6:177a BW, physical damage to buildings and structures that by its nature could reasonably be caused by ground movement from gas production in the Groningen field, or from the gas storage facilities at Norg or Grijpskerk, is presumed to have been caused by that installation. The injured party must give the operator access to relevant documents about the building and a sufficient opportunity to investigate the damage (Article 6:177a(2) BW).

In its preliminary ruling of 19 July 2019 (ECLI:NL:HR:2019:1278), the Supreme Court held that the operator rebuts the presumption only by proving, or making sufficiently plausible, that the damage was not caused by the mining activity. Casting doubt is not enough; if the cause remains unclear, the risk lies with the operator.

How do courts assess alternative causes?

Pointing to another possible cause, such as foundation problems, settlement or poor maintenance, is not enough. The operator must make it sufficiently plausible that this cause explains the damage and that it would also have occurred without ground movement.

In ECLI:NL:GHARL:2025:3971 of 24 June 2025, the Arnhem-Leeuwarden Court of Appeal distinguished a predictive probability (how likely a tremor is to cause damage) from an explanatory probability (how likely it is that existing damage was caused by the tremor). A very small predictive probability does not by itself exclude earthquake damage; NAM rebutted the presumption for some damage groups but not for others. In ECLI:NL:RBNNE:2024:1780 of 8 May 2024, the Northern Netherlands District Court accepted on the basis of an expert report that the damage had structural and other external causes, so the presumption was rebutted.

Can you claim for loss of enjoyment and non-material damage?

Yes, under conditions. In ECLI:NL:HR:2021:1534 of 15 October 2021, the Supreme Court upheld the approach that physical damage to a home used as a main residence puts the nuisance above the threshold for compensation of lost enjoyment of living. Living above the Groningen field alone is not enough.

For non-material damage under Article 6:106 BW, the court may assume that residents are personally affected if their home has suffered physical damage more than once. In other situations, the individual circumstances decide.

How does the IMG handle damage claims?

The Groningen Mining Damage Institute (Instituut Mijnbouwschade Groningen, IMG) is an independent administrative body under Article 2 of the Temporary Groningen Act (Tijdelijke wet Groningen). It handles applications from applicants who have transferred their claim against the operator to the State, sets the entitlement and amount of compensation, and can carry out repairs in kind if the applicant wishes.

The IMG cannot deal with every claim. Article 2(4) excludes, among others, damage reported to the Centrum Veilig Wonen or the operator before 31 March 2017 at 12:00, damage covered by a settlement agreement with the operator, and damage on which the applicant is negotiating with the operator. Assess the choice between the IMG and a civil claim per item of damage.

Under Article 10, the IMG’s procedure must take generous damage settlement (ruimhartige schadeafhandeling) as its starting point. Under Article 13, the IMG decides within 8 weeks of receiving an application if no expert is appointed, or within 12 weeks of receiving the expert’s advice. An acutely unsafe situation, where a building poses an immediate danger to people, is dealt with as a priority.

Wat beteken die energie-oorgang vir mynbouwetgewing?

The licensing regime for small gas fields outside Groningen continues, but production plans must address ground movement, safety and environmental effects under the criteria of Articles 35 and 36 of the Mining Act. At the same time, the subsurface is increasingly used for geotermiese projekte, CO₂ storage and hydrogen storage, which are part of the wider Energie oorgang.

For geothermal energy, well integrity, pressure and temperature management and possible induced seismicity are key. For CO₂ storage, the CCS Directive and the storage licence govern site characterisation, monitoring, leakage measures and closure. For hydrogen storage in salt caverns, the storage licence under Article 25 applies, but whether the existing rules are fully adequate for hydrogen must be assessed per project.

Can the Minister require security for damage?

Yes. Under Article 46 of the Mining Act, the Minister may require security to cover liability for damage that can reasonably be expected from ground movement. This applies correspondingly to geothermal energy and the storage of substances (Article 46(4)), but in principle not to offshore activities seaward of the line in the annex to the Act (Article 46(5)).

What happens when a mining installation is taken out of use?

The licence holder must report within four weeks that an installation is out of use and why, must remove it, and must submit a removal plan (verwijderingsplan) within one year (Article 44 of the Mining Act). The removal plan requires the Minister’s consent, which may be subject to restrictions and conditions (Article 44a).

If an installation qualifies for reuse or joint removal with other installations, the Minister may grant a temporary exemption (Article 44b). After removal, the licence holder submits a report (Article 44c). Under Article 47, the Minister may require security to the State for the removal costs, enforceable by an order subject to a penalty (last onder dwangsom); Article 48 contains a similar rule for cables and pipelines.

What should you check as a licence holder or project developer?

• Check which licence your activity needs: Article 6, Article 24b or Article 25 of the Mining Act.
• Check whether an environmental and planning permit, nature permit or environmental impact assessment is also required.
• Prepare the production plan with a full description of expected ground movement and damage-prevention measures.
• Budget for security for ground-movement damage (Article 46) and removal costs (Article 47).
• Plan decommissioning early: report within four weeks and submit a removal plan within one year after the installation is out of use.
• Have expert reports on damage address the explanatory probability, not only the predictive probability.

What should you check as a property owner with mining damage?

• Check whether your property lies in an area where the presumption of Article 6:177a BW applies.
• Record the damage with photos, dates and earlier inspection or maintenance reports.
• Choose per item of damage between an IMG application and a civil claim against the operator.
• Check whether an exclusion under Article 2(4) of the Temporary Groningen Act applies to your damage.
• Give the operator or expert access to building documents, as Article 6:177a(2) BW requires.
• Respond in writing to an expert report that points to an alternative cause.

What can we do for you with mining law?

ons energie-prokureurs advise companies, investors and property owners on the subsurface and on mining damage.

• We map the licences and permits your mining, geothermal or storage project needs.
• We review production plans, removal plans and security arrangements against the Mining Act.
• We draft objections and appeals against licensing and enforcement decisions.
• We assess a mining damage claim, including the presumption of Article 6:177a BW and expert reports.
• We advise on the choice between an IMG application and civil proceedings, and conduct either.
• We draft contracts for geothermal, CO₂ storage and hydrogen storage projects.

Opsomming

• Exploration, production, storage and geothermal energy each require a licence under the Mining Act.
• Production requires a production plan with the Minister’s consent, which can only be refused on the grounds in Article 36.
• The operator is strictly liable for ground-movement damage under Article 6:177 BW; for Groningen and the Norg and Grijpskerk storage sites, causation is presumed under Article 6:177a BW.
• The IMG decides independently on Groningen damage, in principle within 8 or 12 weeks.
• Decommissioning brings duties to report within four weeks, submit a removal plan within one year and provide security.

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