NORWAY Law and Practice Contributed by: Jøran Sandvik, Aksel Tannum and Ida Mattsson Sperre, Advokatfirmaet Haavind AS
of public interest. Consideration shall be given to the costs a change will impose on the licensee and the advantages and disad- vantages the change will otherwise entail. Amendments to the terms and conditions may also be made upon application by the licensee. • The Waterfall Regulation Act: Upon applica- tion from the owner of a watercourse facility, the authorities can amend the conditions of a licence under the Act or previous legislation on watercourse regulations. An application for the alteration of previously determined condi- tions regarding time limitation and reversion shall be granted if the owner of the regulation facility meets the conditions of public owner- ship under the Waterfall Rights Act. • The Waterfall Rights Act: Upon application from the owner of the watercourse facility, the authorities can amend the conditions of a licence. The process to obtain an amendment or relaxa- tion of licences under the regulations mentioned in the foregoing follows the normal licence appli- cation procedures, as far as is deemed neces- sary. 3.4 Eminent Domain, Condemnation and Expropriation Rights to Construct and Operate Generation Facilities Eminent domain, condemnation and expropria- tion constitute interference with the right to prop- erty. Therefore, the proponent, in the absence of an agreement, must apply for expropriation to the authorities. The authorities may only grant the approval if the legal conditions outlined in the Expropriation Act are met; the benefits of expropriation must outweigh the drawbacks. The application for expropriation is typically submitted alongside the application for a con-
struction and operation licence. The NVE, or the Ministry of Energy, will evaluate both the applica- tion for expropriation and the licence application simultaneously. Every individual or entity subject to expropria- tion has a constitutional right to compensation. If the compensation cannot be agreed upon, it will be determined through a specific type of court proceeding. The compensation shall comprise the relinquishment of both the construction and operational work, as well as potential damage or inconvenience related to remaining properties. In accordance with the Expropriation Compensa- tion Act, the compensation is determined based on the higher value between the selling price and the service value. In the case of rights holders being subject to expropriation, such as reindeer grazing districts, the compensation is determined based on the loss suffered, which typically includes factors such as production loss and increased work- load. 3.5 Decommissioning a Generation Facility Hydropower Plants If the state does not wish to take over a regula- tion facility regulated by the Water Regulation Act at the end of the licence period, and no new regulation licence is granted, the owner is obliged by order of the Ministry to remove the facility within a deadline set by the Ministry. An owner of a watercourse facility regulated by the Water Resources Act has a duty of main- tenance and responsibility for safety until the facility is shut down. The decommissioning of a watercourse facility is subject to licensing if it may cause significant damage or inconvenience to public interests. Decommissioning in any way
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