NautaDutilh's senior associate Marinke Israëls wrote an opinion article in which she argues that the current discussions about shale gas should not threaten conventional gas exploration and extraction. She urges the Minister of Economic Affairs to apply special regulations to conventional natural gas sites. The article "'Gas free municipality' threatens national interest - Minister Kamp should apply special regulations to conventional natural gas sites", was published in Het Financieele Dagblad on October 11, 2013.
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Minister Kamp of Economic Affairs delays the decision about exploratory drilling for shale gas for one and a half year. In the meantime, 82 municipalities and 4 provinces declared themselves 'shale gas-free': they do not cooperate in enabling exploratory drilling for shale gas. The step from 'shale gas-free municipality' to 'gas-free municipality' is small. I already notice in my practice that some municipalities delay procedures or make improper demands regarding drilling for or extraction of conventional natural gas on their territory, for fear for subsidence or earthquakes. When municipalities and provinces also prevent the exploration for and extraction of conventional natural gas, no benefit will be made from the Dutch natural gas reserves.
At the end of this year, the investigation of the earthquakes resulting from gas extraction in Groningen will be completed. Possibly, the results of this investigation have the effect of causing that the gas extraction from the 'Groningen field' must be scaled back. Consequently, the extraction of natural gas from so called 'small gas fields' will become of greater interest in order to maintain the level of gas production and to compensate the declining income from gas revenues. Particularly in this period of expenditure cuts, it is important to maintain the level of gas production. Furthermore, natural gas - as cleanest fossil fuel - is of importance during the transition towards a sustainable society.
The extraction of natural gas, and the small field policy in particular, is of national interest. Therefore, the minister must pull the decision-making process about natural gas sites towards himself. There already exists a tried and tested means: the National Coordination Regulation. In this Regulation, different decisions (licenses and exemptions) which are necessary for a infrastructural project will be taken simultaneously and in joint consultation. Furthermore, a government-imposed zoning plan amendment, a kind of zoning plan at central government level, could be adopted. When a local authority does not take or delays taking a necessary decision, the Minister is able to take this decision himself.
The National Coordination Regulation is already applicable to gas exploration and extraction in nature conservation areas and to gas pipelines and gas storages. Why is it not applicable to all sites of gas exploration and gas extraction? There is also a national interest involved when sites are outside nature conservation areas, and moreover, at these sites processing times are also long and there are different interests that should be carefully weighed.
When the National Coordination Regulation can be used for the purpose of natural gas projects, this does not mean that unlimited drilling for natural gas is possible. All legal safeguards continue to exist. However, municipalities that hinder the decision-making procedure concerning a natural gas project, without presenting substantive arguments, then can be over-ruled by the Minister.
Apart from all the discussions about shale gas, the extraction of conventional natural gas from small gas fields is of national interest. Making the decision-making process a matter of the central government will prevent that discussions about shale gas hinder the decision-making process regarding conventional gas extraction. In order to accomplish this, the Mining Act should make the National Coordination Regulation applicable by law to conventional natural gas sites. It is time that the Minister takes the initiative to accomplish this.
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