NORWAY Law and Practice Contributed by: Mona Søyland, Øystein Nore Nyhus, Halvor Klingenberg and Fredrik Haberer Anfinsen, Simonsen Vogt Wiig
Norwegian law, complemented by international conventions like the ILO 169 concerning Indig - enous and Tribal Peoples, provides protections for the Sámi community’s rights to use lands for traditional activities. These legal frameworks ensure that any mining activities undergo strict scrutiny to prevent or mitigate adverse impacts on Sámi rights and resources. 2.6 Community Development Agreement for Mining Projects In Norway, community development agreements (CDAs) regarding mining projects are not manda - tory under national law. CDAs are not common in Norway. However, some mining companies have entered into CDAs. 2.7 Environmental, Social and Governance (ESG) Guidelines and Regulations To enhance sustainability efforts, the Norwe - gian Mineral Industry Association promotes the “TSM – Sustainability in the Mining Industry” reporting programme. The TSM reporting pro - gramme is a well-established programme which is used in several countries worldwide. It helps ensure effective dialogue with stakeholders, local communities, and indigenous populations, implement enhanced environmental standards, and commits companies to improve safety for employees and neighbouring areas. As part of the mining industry’s strategy to bol - ster sustainability efforts, the TSM reporting programme is aligned with several of the UN’s 17 sustainable development goals. The TSM reporting programme was established in Cana - da in 2004, and the Norwegian Mineral Industry Association adopted the reporting programme in March 2020. The main goal of the programme is to enable businesses within the mining industry to meet societal needs for minerals, metals and
energy products in the most socially, economi - cally, and environmentally responsible manner. 2.8 Illegal Mining Illegal mining is not a significant issue in Norway. 2.9 Good and Bad Examples of Community Relations/Consultation Impacting Mining Projects See 1.1 Main Features of the Mining Industry . Today, the mining industry in Norway mostly contains sites on construction minerals and natural stone. Industrial mineral and metallic ore production is limited and it doesn’t seem fruitful to distinguish between them.
3. Climate Change, Energy Transition and Sustainable Development in Mining 3.1 Climate Change Effects
Norway is committed to tackling climate change and has implemented initiatives to address this issue. These initiatives impact the mining indus - try in Norway and its development in several ways. At an overall level, the mineral industry must be expected to contribute to reducing emissions, for example by operating with fossil- free alternatives. At a more specific level, it will have to be assumed that initiatives to deal with climate change will affect the conditions under which the mineral industry can operate. 3.2 Climate Change Legislation and Proposals Related to Mining Norway does not have any climate change legis - lation specifically aimed at mining, but the gen - eral climate change legislation is relevant and has significance for mineral activities.
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