NORWAY Law and Practice Contributed by: Elise Johansen, Tonje Hagen Geiran and Lene Marita Berg Hermann, Wikborg Rein Advokatfirma AS
Wikborg Rein Advokatfirma AS Postboks 1513 Vika 0117 Oslo Norway Tel: +47 22 82 75 00
Email: oslo@wr.no Web: www.wr.no
1. Regulatory Framework and Law 1.1 Environmental Protection Policies, Principles and Laws The overall purpose of Norwegian environmental legislation is to safeguard the natural environment, encompassing all living organisms, wildlife and veg- etation. Central objectives include: • the prevention of pollution and other forms of environmental degradation, including those arising from harmful climate emissions; • the promotion of sustainable resource manage- ment; and • the advancement of society’s sustainable develop- ment in general. Core policy principles guiding Norwegian environmen- tal legislation include the “polluter pays” principle and the precautionary principle. Norwegian environmental law is largely derived from, and harmonised with, European Union environmental law, as a consequence of Norway’s participation in the European Economic Area (EEA) Agreement, which covers almost all environmental matters. It follows from the Norwegian Constitution Article 112 that every person has the right to a healthy envi- ronment, and that the state has a duty to implement measures which secure this right for present and future generations. Core environmental laws include the following. Pollution Control Act The Pollution Control Act sets the framework to pre- vent and reduce pollution and waste. It establishes a
permit system for activities that may cause pollution, assigns liability to the polluter, and regulates waste management and clean-up responsibilities. The Act provides the legal foundation for Norway’s pollution control framework, ensuring that environmental con- siderations are integrated into industrial, municipal and resource management decisions. Nature Diversity Act The purpose of the Nature Diversity Act is to protect biological, geological and landscape diversity and ecological processes through conservation and sus- tainable use. It applies to the Norwegian land territory, including river systems, and to Norwegian territorial waters. The Act is guided by key principles such as the precautionary principle, ecosystem-based man- agement, and the requirement that decisions affecting nature must be based on scientific knowledge. Greenhouse Gas Emission Trading Act The Greenhouse Gas Emission Trading Act estab- lishes the legal framework for Norway’s emissions trading system (ETS), which is linked to the EU Emis- sions Trading System (EU ETS). Its main objective is to reduce greenhouse gas emissions. The EU ETS uses a market-based mechanism, tradeable emis- sion allowances, to achieve emission reductions cost- effectively. A cap on total emissions from the EU ETS sectors is decreasing yearly, ensuring emission reduc- tions. Currently, the following sectors are included in the system: • industry;
• energy production; • petroleum sector; • aviation; and • maritime sector.
337 CHAMBERS.COM
Powered by FlippingBook