NORWAY Law and Practice Contributed by: Mona Søyland, Øystein Nore Nyhus, Halvor Klingenberg and Fredrik Haberer Anfinsen, Simonsen Vogt Wiig
2.4 Prior and Informed Consultation on Mining Projects Several pieces of legislation mandate reporting requirements for mining projects and grant the authorities the power to impose reporting obli - gations with an impact analysis of the planned activities. In general, an environmental impact assessment or other analysis must be provided by the investor. One of the purposes of impact analyses is to provide a basis for discussing the pollution- related consequences with neighbours and oth - ers who may be affected by pollution from the planned activity. The reporting obligation itself aims to enable the pollution authority to decide whether to require an impact analysis. Furthermore, the Planning and Building Act requires an impact analysis and public hearing when processing zoning proposals that allow for mining activities. This ensures that affected interests have an opportunity to influence the zoning proposal under consideration. Based on the consultation input, a zoning proposal may either be amended or proceed unchanged to political processing, where inputs and com - ments are considered and addressed. The Sámi Act also obligates Norwegian authori - ties to consult the Sámi Parliament and other Sámi interests in matters that concern them, ie, mining activities’ impact on reindeer herding. Chapter Four of the Sámi Act facilitates consul - tations between public authorities and the Sámi Parliament or other Sámi interests to be con - ducted in good faith with the aim of reaching an agreement. Parties must share relevant information about the matter so that the Sámi party can make an informed decision about the proposed activity.
If the parties do not reach an agreement, the Sámi party’s position and assessments must be clearly presented in the documents submitted to the final decision-maker. The Minerals Act also contains rules in respect of certain areas in Norway such as Finnmark county where cer - tain case handling rules apply due to indigenous people. The Sámi people are recognised as an indig - enous community with specific protections under the Sámi Act, which mandates consulta - tions with the Sámi Parliament and other Sámi interests, on development projects, including mining, which could impact their traditional ter - ritories. These consultations aim to ensure that Sámi cultural practices, such as reindeer herding and fishing, are not adversely affected by these developments. 2.5 Impact of Specially Protected Communities on Mining Projects Environmental and social impact assessments for mining projects are required to consider the effects on Sámi culture and livelihoods. This includes assessing impacts on culturally sig - nificant areas and resources essential for their traditional practices. The process involves public hearings where Sámi representatives can voice their concerns. The Minerals Act includes special provisions that protect Sámi interests in mining activities in Finnmark county. These provisions encom - pass substantive rules emphasising the consid - eration of Sámi conditions and procedural rules about notification duties, permits, consultation processes, and the ability to escalate cases directly from the DMF to the Ministry of Indus - try and Trade. Some rules apply exclusively to state-owned minerals, while others also cover landowner’s minerals.
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