NORWAY Law and Practice Contributed by: Elise Johansen, Tonje Hagen Geiran and Lene Marita Berg Hermann, Wikborg Rein Advokatfirma AS
3.2 Breaching Protections Breaches of environmental regulations in Norway may give rise to both administrative and criminal sanctions. Below are examples of relevant provisions in key leg- islative acts. The Penal Code Section 240 of the Norwegian Penal Code addresses aggravated environmental crime, providing for impris- onment for up to fifteen years. Pollution Control Act Violations of the Pollution Control Act may result in administrative or criminal liability. Administratively, the environment authorities may issue orders for cor- rection and impose coercive fines or administrative penalties. Criminal sanctions are provided in Sections 78–80, which stipulate fines or imprisonment for up to five years. Greenhouse Gas Emission Trading Act Pursuant to Section 19, an administrative penalty may be imposed when the required number of emission allowances is not surrendered within the prescribed deadline. The penalty is imposed on an objective basis and amounts to EUR100 per allowance, adjusted in accordance with the European Consumer Price Index, in line with the EU Emissions Trading Directive. Addi- tionally, under Section 21, violations may be subject to fines or imprisonment for up to three months. 4. Environmental Incidents and Permits 4.1 Investigative and Access Powers The regulatory, permitting and supervisory environ- mental authorities in Norway possess broad powers to respond to environmental incidents and breaches of environmental legislation or permit conditions. These authorities include: • the Norwegian Environment Agency ( Miljødirektora- tet ); • the county governor ( Statsforvalteren ); • municipalities; and • in certain cases, the Ministry of Climate and Envi- ronment.
They may issue orders to halt operations, require cor- rective measures or mandate remediation, according to the Pollution Control Act. See also 3.2 Breaching Protections . 4.2 Environmental Permits/Approvals According to the Pollution Control Act, there is a gen- eral prohibition against pollution (Section 7). Pollution is only permitted when expressly authorised, either through general regulations applicable to specific sec- tors (such as those governing wastewater treatment, asphalt plants or fish processing facilities) or through an individual permit issued pursuant to Section 11 of the Act. Environmental permits are generally obtained by submitting an application to the competent authority, which may be the Environment Agency ( Miljødirek- toratet ), the county governor ( Statsforvalteren ) or the municipality, depending on the scale and nature of the activity. The application must include: • detailed information regarding the planned opera- tion; • potential environmental impacts; • proposed mitigation measures; and • compliance with applicable standards. The authority will assess the application and often conduct a public consultation. Permitting decisions may be appealed by the appli- cant and, in certain cases, by affected third parties. Appeals are generally submitted to a higher adminis- trative authority, such as the Ministry of Climate and Environment, and are governed by the Public Admin- istration Act ( Forvaltningsloven ). Appeals may con- cern both the refusal of a permit and the conditions imposed, including operational limitations, monitoring requirements or associated fees. The appeal authority may uphold, modify or overturn the original decision. 4.3 Regulators’ Approach to Policy and Enforcement Norwegian environmental policy is based on the pre- cautionary principle, the polluter pays principle, and the aim of achieving sustainable development as
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