NORWAY Law and Practice Contributed by: Elise Johansen, Tonje Hagen Geiran and Lene Marita Berg Hermann, Wikborg Rein Advokatfirma AS
enshrined in the Pollution Control Act and the Nature Diversity Act. The authorities seek to balance environ- mental protection with industrial and societal needs through a combination of preventative regulation, per- mitting systems, supervision and enforcement. The environmental authorities’ approach emphasis- es compliance through guidance and co-operation, where inspections, reporting and environmental audits are used to ensure adherence to legal requirements. Administrative measures, such as orders for rectifica- tion, coercive fines and administrative penalties are all applied to correct non-compliance. In cases of seri- ous or intentional breaches, matters are referred to the police for criminal prosecution under the Pollution Control Act or the Penal Code. This enforcement framework reflects a preference for proactive compliance management, using sanctions as a last resort while maintaining a strong deterrent effect. 4.4 Transferring Permits/Approvals Environmental permits are issued to a specific entity for the operation of one or more defined activities or installations at a particular geographical location. If a company is sold in a free market transaction, the permit may be transferred to the acquiring company. However, the permit cannot be used at a different site or location. Any change in ownership must be reported to the competent authorities to ensure that the responsible party for compliance with the permit conditions, best available techniques (BAT) and other applicable leg- islation is clearly identified. 4.5 Consequences of Breaching Permits/ Approvals Breaches of environmental approvals or permits are violations that may result in administrative, criminal and practical consequences. Administratively, the competent authority, such as the Environment Agency ( Miljødirektoratet ), the county governor ( Statsforval- teren ) or the municipality, may issue an order to stop or rectify the breach, impose coercive fines or revoke or amend the permit in accordance with the Pollution Control Act ( Forurensningsloven ).
Criminal sanctions may apply in cases of serious or intentional breaches. Offenders may face fines or imprisonment for up to five years for aggravated offences. The most serious environmental crimes fall under Section 240 of the Penal Code, which provides for imprisonment of up to fifteen years. Practically, non-compliance can result in suspension of operations, civil liability for remediation costs, dif- ficulties in obtaining future permits or public contracts, and, not least, reputational damage.
5. Environmental Liability 5.1 Key Types of Liability Administrative Liability
Authorities may issue orders, injunctions and coercive fines under the Pollution Control Act ( Forurensning- sloven ) to prevent, halt or remedy pollution. Operators are subject to a general duty of care to avoid pollution and to take necessary measures to limit or restore any damage caused. Pollution authorities may impose coercive fines, either as continuous daily penalties or one-off amounts, to ensure compliance with such orders. Public authorities are entitled to recover the costs of implementing remedial or clean-up measures from the responsible party, while private parties may claim reasonable expenses incurred for protective or preventative actions. Civil Liability Owners or operators of property, facilities or business- es causing pollution damage are liable without regard to fault under the Pollution Control Act ( Forurensn- ingsloven ). This strict liability also applies to facility owners for damage caused by sewage systems due to insufficient capacity or inadequate maintenance. Those who indirectly contribute to pollution damage by delivering goods or services, performing control or supervision are only liable if intent or negligence is shown. Criminal Liability Violations of environmental law can lead to criminal sanctions, including fines and imprisonment, under both the Pollution Control Act ( Forurensningsloven )
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