NORWAY Law and Practice Contributed by: Mona Søyland, Øystein Nore Nyhus, Halvor Klingenberg and Fredrik Haberer Anfinsen, Simonsen Vogt Wiig
1. Mining Law: General Framework 1.1 Main Features of the Mining Industry The mining industry in Norway generated a turn - over of NOK13,6 billion in 2022 and employed approximately 4,000 full-time equivalent (FTE) individuals. This includes activities within indus - trial minerals and metallic ore, construction materials and natural stone. Metallic ore mining has superior productivity (measured as value creation (revenue minus cost) per FTE, and is three times more productive than construction materials, industrial minerals and natural stone. Industrial minerals (eg, quartz, feldspar and lime - stone) and metallic ores have seen increasing demand which has been driven mainly by the green transition. Construction materials and nat - ural stone have declined to some extent in the last few years due to fewer larger infrastructure projects and slowing construction markets. There are a high number of extraction sites of construction materials and of natural stone in Norway. The active extractions have an in situ value of approximately NOK1,150 billion in construction materials and NOK180 billion in natural stone. Furthermore, it is estimated that the extractions have a total of 18 billion tonnes of practically usable resources in construction materials, while the corresponding figure for natural stone is uncertain. In terms of industrial minerals and metallic ores, the picture is differ - ent. There are only a few sites in operation, ie, 33 extractions of industrial minerals and just two extractions of metallic ores across the whole of Norway (however the third is due to open in 2025). Metallic ores have the highest in situ value of all minerals and therefore attract a lot of inter - est. The in situ value of metallic ores in Norway is estimated to be NOK3,700 billion.
1.2 Legal System and Sources of Mining Law Norway’s legal system is based on civil law. The main legislation regulating mining activities in mainland Norway is the Minerals Act, which came into effect on 1 January 2010. Separate legislation applies to Svalbard (the Arctic archi - pelago under Norwegian sovereignty). This includes the Regulation on Mineral Resources Management and the Svalbard Environmen - tal Protection Act. Historically there have been several coal mines in Svalbard. Mine 7 is still in operation but a decision has been taken to close it during 2025. The Minerals Act applies across the Norwegian mainland. It contains rules regarding the acquisi - tion and extraction of minerals, as well as regu - lations concerning the searching and explora - tion of minerals. Furthermore, it regulates the operational phase, which requires an operating licence. In addition, it contains regulations con - cerning the duty to exercise caution, to imple - ment safety measures and to clean up by the end of the operational phase. Furthermore, it contains provisions regarding annual fees and supervision charges and sanc - tions. Following an Official Norwegian Report (NOU) 2022: 8 New Minerals Act, the Norwe - gian government is currently preparing a new Minerals Act. It is expected to be presented to the Norwegian Parliament in 2025. 1.3 Ownership of Mineral Resources The Minerals Act distinguishes between miner - als that belong to the State and minerals that belong to the landowner. Under the Minerals Act, state-owned minerals are metals with a specific gravity of five grams/cubic centimetres or higher, including chromium, manganese, molybdenum, niobium, vanadium, iron, nickel, copper, zinc, sil -
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