NORWAY Law and Practice Contributed by: Mona Søyland, Øystein Nore Nyhus, Halvor Klingenberg and Fredrik Haberer Anfinsen, Simonsen Vogt Wiig
ver, gold, cobalt, lead, platinum, tin, zirconium, tungsten, uranium, cadmium and thorium, as well as the ores of these metals. However, allu - vial gold is exempted. Additionally, titanium and arsenic, as well as their ores and pyrrhotite and pyrite are state-owned minerals. All minerals not defined as state-owned miner - als, are considered to be the landowner’s. How - ever, under the Minerals Act landowner minerals do not include petroleum. 1.4 Role of the State in Mining Law and Regulations The role of the State in the mining sector is pri - marily to act as grantor-regulator. However, the Norwegian Geological Survey plays a central role in supporting the mining and mineral indus - try with mapping, analysing and disseminating geological information. This information is made available to public and private parties. The activi - ties are funded by the Norwegian government. 1.5 Nature of Mineral Rights Mineral rights do not have a constitutional basis in Norway, but are governed by statutory law, specifically the Minerals Act. The rights to state- owned minerals are derived from law and not from individual contracts, although contracts are used to regulate the specific terms and condi - tions under which mining operations are con - ducted once the rights have been granted by the State. When it comes to landowner’s minerals the right to the minerals derives from an indi - vidual contract between the landowner and the extracting party. 1.6 Granting of Mineral Rights In Norway, the granting authority for the state- owned minerals is the Norwegian Directorate of Mining with the Commissioner of Mines at Sval - bard, usually called the Directorate of Mining
(the “DMF”). The DMF assesses all applications for exploration permits, extraction permits and operation licences in Norway. The DMF is also responsible for ensuring compliance with the Minerals Act. Rights to landowner’s minerals are granted by contract by the landowner. There are no overlaps in jurisdictions in terms of granting rights under the Minerals Act, as the authority is centralised at the national level. 1.7 Mining: Security of Tenure According to the Minerals Act, anyone can carry out low impact activity, such as collecting sur - face materials and rock samples for landowner and state-owned minerals. Individuals or companies with an interest in fur - ther exploration for state-owned minerals must apply for an exploration licence, which are only granted by the DMF to entities registered in the Norwegian Register of Business. There are no restrictions on foreign ownership. An exploration licence is initially granted for a seven-year term but may be extended. The holder of the highest priority exploration licence may apply for an extraction licence under the Minerals Act. To obtain an extraction right, the application must provide documenta - tion from explorations showing that there is a likely mineable deposit of state-owned minerals in the area, or that it could become mineable within a reasonable time. An extraction licence is initially granted for a ten-year term but may be extended. An extraction licence expires if an operational licence is not granted within ten years from the date the extraction right was issued, if the extrac -
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