Reverse onus postponed in gas damage – Financieele Dagblad (Registration)

Earthquakes duped Groningen who had welcomed the submission of claims in the courts, should not rejoice too soon. The legal burden of proof for damage to homes that may have been caused by gas extraction is not yet a done deal.

Minister Henk Kamp of Economic Affairs did not accept the amendments to his proposed amendment to the Mining Act. This would complainants in court now get the benefit of the doubt and it is up to the Dutch Petroleum Company (NAM) to prove the contrary.

After the Friday cabinet Kamp made known the whole bill back to the Council of State to submit advice on the rule of law. Because of the amendments that were adopted last week by a majority of the House, the bill has changed significantly, according to the Minister.

Big consequences

The changes can have major consequences for the present and the distant future, the Minister declared. In addition to the reversal of the onus on gas damages the amendments also include a strengthening of the advisory to municipal and county and additional grounds for refusal in granting licenses. Loss of time will not cause the procedure to the Council of State according to Camp. At most a few weeks.

Whether the minister anyway will abide by the judgment of the Council of State, he would not say. “I’m not going to get ahead,” he said. In extreme cases it can still withdraw the whole bill before it is considered by the Senate.

Leaning ratios

According to the minister, the burden of proof is not necessary, because so far no one has gone to court for damages reimbursed. “Most of the damage reported was settled to the satisfaction of the parties involved,” he wrote in an earlier reply to the House. The opposition believes that going to court is precisely hampered by imbalances between individual complainants and a billion dollar company as the NAM.

Since January 1, 2015 the handling of damage is done by the Center for Safe Housing (CVW). In 92% of cases the supply of CVW has been accepted by the injured, said the minister. If that is not the case, complainants countercheck can be performed at the expense of the CVW.