Towards a legal strategy fitting today's challenge of reducing impacts of subsidence in the Netherlands

Abstract

Land subsidence in the Netherlands is an ongoing process. An increasing number of people and economic assets are exposed to subsidence and damage costs are soaring. In some areas tipping points have already been reached, where current land-use can no longer be maintained without considerable costs. A specific policy focusing on subsidence is lacking. Dealing with the societal impacts of subsidence is mainly the (implicit) responsibility of the public authorities that regulate the drivers of subsidence. As the societal impacts continue to occur and are increasing, discussions arise on the exact drivers of subsidence and responsibilities for the impacts on society. Our study aims to analyse whether and to what extent public decision-making, which controls land subsidence due to groundwater-table lowering and extraction of hydrocarbons and its societal impacts, is organised effectively to reduce these societal impacts, and how the legal framework can be improved to achieve that. By studying the respective legal frameworks of these drivers, we map legal solutions for mitigation of subsidence itself or adaptation to its societal impacts – both eventually aimed at reducing the societal impacts of subsidence. In this paper, we focus on the legal framework of one of these drivers: groundwater-table lowering.