Parliament Act No. 7 Of 7 December 2009 On Mineral Resources And Activities Needed For That Purpose. (Mining Act)

Original Language Title: Inatsisartutlov nr. 7 af 7. december 2009 om mineralske råstoffer og aktiviteter af betydning herfor.(råstofloven)

Read the untranslated law here: https://www.global-regulation.com/law/greenland/5961149/inatsisartutlov-nr.-7-af-7.-december-2009-om-mineralske-rstoffer-og-aktiviteter-af-betydning-herfor.%2528rstofloven%2529.html

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Parliament Act no. 7 of 7 December 2009 on mineral resources and activities needed for that purpose. (Mining Act)

Modified repeals, hovedlov replaces information

Modified by
Parliament Act no. 16 of 3 June 2015 amending the Greenland Parliament Act no. 7 of 7 December 2009 on mineral resources and activities of meanings (the Mineral Resources Act)
(Technical amendment and powers of confiscation the rules laid down in pursuance of the Act)
Parliament Act no. 6 of 8 June 2014 amending the Greenland Parliament Act no. 7 of 7 december 2009 on mineral resources and activities of (the mineral resources Act)
(Early citizen participation and public consultation)
Parliament Act no. 26 of 18 december 2012 amending the Greenland Parliament Act no. 7 of 7 december 2009 on mineral resources and activities of (the mineral resources Act)
(Changes to the rules on mining authority on small-scale exploration and exploitation of minerals, the collection and extraction of minerals without a license and social sustainability, etc.)

Hovedlov to
Self-Government Order no. 14 of 26 August 2010 on the security zones by offshore installations and accommodation vessels
Home Rule Executive Order no. 24 of 30 December 2003 on the reimbursement of expenses incurred by the authorities, in connection with mining activities (refund notice)

Adds to
Self-Government Order no. 14 of 26 August 2010 on the security zones by offshore installations and accommodation vessels
Home Rule Executive Order no. 24 of 30 December 2003 on the reimbursement of expenses incurred by the authorities, in connection with mining activities (refund notice)


Chapter 1

General rules


§ 1. Greenland Parliament Act seeks an appropriate exploitation of mineral resources and the use of subsoil for storage or purposes relating to mineral resource activities and regulation of matters of importance to mining activities and underground activities.
Subsection. 2. Greenland Parliament Act made to ensure that activities under the Act perform properly with regard to safety, health, environment, resource utilization and social sustainability as well as appropriate and in accordance with, under similar circumstances, good international practices.

§ 2. Greenland has property to dispose of and exploit mineral resources in the subsoil in Greenland.
Subsection. 2. The following activities shall take place only under a license granted by the Greenland Government under the rules of the Greenland Parliament Act, see. However, §§ 45-48:
1) Prospecting, exploration and exploitation of mineral resources in Greenland and export of mineral resources from Greenland.
2) Use of the subsoil for storage or purposes relating to mineral resource activities.
3) Utilization of energy from water, wind or underground activities under the Act.
4) Establishment and operation of pipelines for use for activities under the Act.
Subsection. 3. Government of Greenland may carry out scientific and practical studies of general or mapping nature relating to mineral resources, mineral resource activities, use of the subsoil for storage or purposes relating to mineral resource activities related energy activities, related pipeline activities or other related activities.
Subsection. 4. The Geological Survey of Denmark and Greenland (GEUS) and the National Environmental Research Institute (NERI) may conduct research of special relevance to mineral resource exploration in Greenland, as far and as long as research is conducted to meet the government's obligation to make such research available for Naalakkersuisut by the Act on Greenland Self § 9 paragraph. 4.

§ 3. Mineral Resource under the Greenland Government's overall administrative authority for the raw materials sector, including all matters relating to mineral resources, mineral resource activities, use of the subsoil for storage or purposes relating to mineral resource activities related energy activities, related pipeline activities and other related activities.
Subsection. 2. The Government shall ensure that all matters relating to mineral resources, mineral resource activities, use of the subsoil for storage or purposes relating to mineral resource activities related energy activities, related pipeline activities and other related activities undertaken as a single integrated the authorities.

Subsection. 3. Authority Consideration is made on the basis of this Act and provisions issued in pursuance of the Act. Regulatory procedures are also carried out on the basis of other laws and regulations that affect the mineral resources, mineral resource activities, use of the subsoil for storage or purposes relating to mineral resource activities related energy activities, related pipeline activities and other related activities, unless it follows from the other laws or regulations, that other authorities must consider treatment. Mining Authority is the administrative and competent authority after the other laws and regulations with regard to mineral resources, mineral resource activities, use of the subsoil for storage or purposes relating to mineral resource activities related energy activities, related pipeline activities and other related activities.

§ 4. The Government shall submit an annual report on Inatsisartut for granted, applications for permits and completed and planned supply of permits.
Subsection. 2. The Government shall prepare an annual public report on the matters referred to in paragraph. 1. The Government shall submit the report to the Greenland Parliament.


Chapter 2

Definitions



Mineral resources


§ 5. Mineral resources mean hydrocarbons and minerals.
Subsection. 2. By hydrocarbons is meant oil and natural gas, see. Paragraph. 3 and 4.
paragraph. 3. The oil shall mean all hydrocarbons in liquid state at standard pressure (1.01325 bar) and temperature (15 degrees Celsius).
Subsection. 4. Natural gas is all hydrocarbons in a gaseous state at standard pressure (1.01325 bar) and temperature (15 degrees Celsius). For the calculation of charges by this Act shall mean natural gas also other gases that are associated with and produced together with such gaseous hydrocarbons.
Subsection. 5. When minerals means all mineral resources other than hydrocarbons.
Subsection. 6. The Government may lay down detailed provisions on the definitions and conditions referred to in paragraph. 1-4, including the delimitation of mineral resources, hydrocarbons and minerals.



Offshore installations


§ 6. offshore facilities mean in this Act:
1) platforms or other devices:
a) From which prospecting, exploration or exploitation (production) of hydrocarbons from beneath the seabed.
B) are used for the accommodation of persons employed in or by the in point a mentioned devices.
C) Used for piped transport of hydrocarbons or other substances or materials between the point a mentioned devices or between them and installations on land.
D) Attached to tidal to supply energy to the point a, b and c mentioned devices.
2) Equipment used for the storage and loading of hydrocarbons exploited from or produced at one of the in no. 1, point a, mentioned devices and is permanently attached to such a device.
Subsection. 2. Ships are not covered by the definition in paragraph. 1, except for the drill ships and floating production, storage and offloading units.
Subsection. 3. When a mobile offshore unit means any offshore installation which can be moved from one position to another by sailing or towing and are intended to be used in several different positions during its lifetime.
Subsection. 4. For a fixed offshore installation means an offshore installation, which is not a mobile offshore installation.
Subsection. 5. Fixed offshore units that are mutually connected by bridges and having the same rights holder or owner, are considered as a single plant.



Accommodation Vessels


§ 7. When accommodating ships means ships and devices that are not offshore installations, cf.. § 6, on which there are accommodation facilities for people who work on offshore installations.



Offshore Ships


§ 8. For offshore ships means ships and other devices which are not offshore facilities or accommodation vessels referred. §§ 6 and 7, engaged in activities related to offshore installations, cf.. § 6



Chapter 3

Scope




Geographical scope


§ 9. The Greenland Parliament Act applies to land territory and territorial sea off Greenland and in the continental shelf area and the exclusive economic zone of Greenland.
Subsection. 2. Greenland Parliament Act on occupational safety, see. § 79 shall not apply for territorial land.
Subsection. 3. Greenland Parliament Act on Environment does not apply to the continental shelf area and the exclusive economic zone of Greenland, to the extent otherwise provided by marine environmental legislation.



Activities



§ 10. The Greenland Parliament Act applies to:
1) Prospecting, exploration and exploitation of mineral resources and other related activities.
2) Prospecting and exploitation of energy from water, wind and underground activities under the Act and other related activities.
3) Use of subsoil for storage or purposes relating to mineral activities and other related activities.
4) Scientific, practical and other studies of relevance to the activities mentioned in Nos. 1-3.



Systems and devices


§ 11. The Greenland Parliament Act applies to facilities and devices, etc., which are located on land territory, territorial sea or continental shelf area and used in connection with activities under this Act.



Offshore facilities and accommodation vessels


§ 12. The Greenland Parliament Act applies to fixed and mobile offshore installations, cf.. § 6, within the territorial sea or continental shelf area.
Subsection. 2. The Greenland Parliament Act shall apply to accommodation facilities on accommodation ships referred to. § 7, where people working on an offshore installation are accommodated to the extent necessary for safety or health of the persons accommodated.



Offshore Ships


§ 13. With regard to offshore ships referred to. § 8, the Greenland Parliament Act apply to the activities carried out there, and on the equipment used, to the extent that the activities or equipment are important for the safety, health or environmental matters in connection with the associated offshore facilities.



Safety zones of offshore installations and accommodation vessels


§ 14. The Greenland Parliament Act applies in the safety zones of offshore installations and accommodation vessels.
Subsection. 2. Within the security zones will the Greenland Parliament Act applies to vessels, other marine vessels and aircraft on mobile offshore units and other mobile systems and devices that are sailing, towing or anchoring in connection therewith, as well as fishing equipment, anchors, other mooring, equipment and other objects.
Subsection. 3. Offshore facilities and accommodation vessels are surrounded by security zones unless facilities or vessels are sailing or towing.
Subsection. 4. The safety zones extend 500 meters around facilities or vessels, as measured from any point on their outer edge or from any other marking used. In the vertical (vertical) plane, the security zone from the sea floor 500 meters above the highest point of the facility or ship. In the horizontal (horizontal) level safety zone extends 500 meters from any point on the plant or the ship's outer edge, where it always is.
Subsection. 5. The Greenland Government may decide on deviation from the paragraph. 4 prescribed extent of safety zones.
Subsection. 6. In danger or accident situations that can lead to injury or loss of life, serious pollution, much material damage or significant downtime, the Greenland Government may expand existing safety zones or establish new zones to the extent deemed necessary to prevent, deter or limit adverse effects.



Chapter 4

Prospecting


§ 15. The Greenland Government may grant a license for prospecting for mineral resources, mineral resource activities, use of the subsoil for storage or purposes relating to mineral resource activities or related activities. Permission granted for periods of up to 5 years at a time.
Subsection. 2. Authorisation under paragraph. 1 does not exclude that similar license may be granted to others for the same area.
Subsection. 3. The Government may for authorization set conditions, including the payment of remuneration.
Subsection. 4. The Government may provide for payment of fee for granting licenses under paragraph. 1, submission of applications thereof and the authorities of such permits.



Chapter 5

Exploration and exploitation


§ 16. The Greenland Government may for a specified area on specified conditions grant an exclusive license for exploration and exploitation of any mineral resources. Permission can be granted separately for exploration and exploitation.
Subsection. 2. In an exploration license may contain terms on gradual reduction of the area covered by the license, and the work commitments to be fulfilled.

Subsection. 3. An exploitation license under subsection. 1 may only be granted to a limited company, referred to. However, § 32 paragraph. 2. The company may only perform activities pursuant to authorizations under this Act and shall not be assessed jointly with other companies, unless they are on compulsory joint taxation. The company must generally be based in Greenland. The Company may not be thinly capitalized than the group to which it belongs, but the company's debt always exceed equity until the ratio 2: 1. The company must generally trade at arm's length prices and on arm's length terms. The licensee shall have the necessary expertise and financial background for the exploitation activities.
Subsection. 4. The licensee for an exploitation license over the entire license period meet the requirements referred to in paragraph. 3 and the availability of its assets, including not being in receivership, bankrupt or being in a situation equivalent thereto.
Subsection. 5. An exploitation license is valid for in chapters 6 and 7 periods. The total period may not exceed 50 years.
Subsection. 6. An exploitation license ends when exploitation activities are discontinued and in § 42 mentioned the shutdown is complete, see. § 43.
Subsection. 7. The Government may provide for payment of fee for granting licenses under paragraph. 1, submission of applications thereof and the authorities of such permits.

§ 17. A license under § 16 provides that the payment that the licensee must pay to Greenland. It may be stipulated to be paid an annual fee calculated on the basis of the size of the area covered by the permit (land tax). There may also be laid down for payment of a fee calculated on the basis of the extracted raw materials, etc. (royalty) or terms of payment to the Government of Greenland for a share of the proceeds of the activities under the license (dividend tax).
Subsection. 2. A license under § 16 may be provided to a company controlled by the Government of Greenland, under specified conditions shall be entitled to join as a participant in the activities under the license.
Subsection. 3. In connection with the determination of a licensee's services to the Government of Greenland in accordance with paragraph. 1-2 may be granted exemption from taxation of the activity covered by the license if the company are subject to fees which are at least as onerous as the taxation would have been, and the fees are fully covered by § 7 of Act on Greenland.

§ 18. A license under § 16 may be determined to what extent the licensee must use Greenland labor. To the extent necessary for the company, the licensee may use labor from outside Greenland, with similar qualifications does not exist or is not available in Greenland.
Subsection. 2. A license under § 16 may be determined to what extent the licensee must use Greenland enterprises for contracts, supplies and services. Other companies may be used, if Greenland enterprises are not competitive in technical and commercial terms.
Subsection. 3. A license under § 16 may be determined to what extent the licensee must process exploited mineral resources in Greenland. Processing may take place outside of Greenland, whose processing in Greenland will result in significantly higher costs or disadvantages.
Subsection. 4. A license under § 16 may be determined to what extent the licensee must conduct investigations and prepare and implement plans to ensure that the exploration or exploitation of mineral resources is socially sustainable manner. Such studies and plans must be approved by the Greenland Government.
Subsection. 5. The Greenland Government may lay down detailed provisions on the matters mentioned in paragraph. 1-4, including the definition of Greenland labor and Greenland enterprises.

§ 19. Within exploitation and measures relating thereto are implemented, an exploitation plan for the company, including production organization and related facilities must be approved by the Greenland Government. When changed circumstances so require, the licensee as soon as possible submit a revised plan for approval by the Greenland Government.


§ 20. In connection with the approval of an exploitation plan under § 19 may Naalakkersuisut on specified terms grant permission for the establishment and operation of related power that can supply my plant or offshore facility and other associated facilities with energy from wind, water or other energy sources. Permission related power communicated as part of an exploitation license. An energy plant must be approved under § 19. In connection with the announcement of an energy permit shall also consider the location of power lines and so on.
Subsection. 2. In a power license under paragraph. 1 Greenland Government may set conditions on the energy system and its use, etc., including reversionary interest, coordination of several licensees using the same energy and the obligation to supply energy to others.
Subsection. 3. In a power license under paragraph. 1 Greenland Government may set conditions that the licensee must pay remuneration to Greenland. There can be laid down that, to be paid an annual fee calculated on the basis of the size of the area covered by the license (land tax), or on the basis of the energy resource exploited (volume charge), or the energy produced ( royalty). There may also be laid down for payment to the Government of Greenland for a share of the proceeds of the activities under the license (dividend tax).

§ 21. In connection with the approval of an exploitation plan under § 19 may Naalakkersuisut on specified terms grant a license to establish and operate related pipeline facilities that can be used to transport liquid or gaseous substances to or from the mine site, the offshore installation or a associated energy plants and other related facilities.
Subsection. 2. In a pipeline license under paragraph. 1 Greenland Government may lay down terms for pipeline installation and its use, etc., including reversionary interest, coordination of several licensees using the same pipeline facilities as well as a duty to provide transport services to others.
Subsection. 3. In a pipeline license under paragraph. 1 Greenland Government may set conditions that the licensee must pay remuneration to Greenland. There can be laid down that, to be paid an annual fee calculated on the basis of the quantity of substances or may be transported through the pipeline or terms of payment to the Government of Greenland for a share of the proceeds of the activities under the license ( dividend tax).



Chapter 6

Special rules on exploration and exploitation of hydrocarbons


§ 22. For hydrocarbons licenses under § 16 for exploration and exploitation for a period of up to 10 years or if special circumstances exist, for a period of up to 16 years. A license may be extended with a view to exploration by up to three years at a time.
Subsection. 2. When in a license under paragraph. 1 specified conditions are met, the licensee is entitled to continue the license for exploitation. The license is extended for those parts of the area that contain commercially exploitable deposits which the licensee intends to exploit. The license is extended for a period of 30 years. Greenland Government may as term for the extension that within a specified reasonable time must be submitted an application for approval in accordance with § 19 Paragraph
. 3. The period of exploitation established under paragraph. 2 may be extended by the Government of Greenland, where special circumstances justify it, see. However, § 16 paragraph. 5.

§ 23. Permits under § 16 for exploration and exploitation of hydrocarbons notified by the Greenland Government's determination in the steps referred to in paragraph. 2-5.
Subsection. 2. A permit under § 16 may be granted following a regular public call for applications for the authorization (a tender). The Government shall publish a notice inviting applications at least 90 days before the deadline at the Greenland Government's website and in another way.

Subsection. 3. A permit under § 16 may be granted following a special public call for applications for the authorization (a special licensing round) if an application for a permit for an area submitted without a prior call for paragraph. 2 and The Government considers that the application should be treated. The Government will publish a notice of the application and call for other applications for the authorization in the same area. Notification shall be published within 90 days of receipt of the application on the Greenland Government's website and in another way. The deadline for submission of other applications is 90 days after publication of the notice.
Subsection. 4. The Government may specify that a given area in a given period will be open to continuous granting of licenses under § 16 upon application (an open-door procedure) if, after the Greenland Government's discretion is not appropriate to apply the procedures referred to in paragraph. 2 and 3. The Government Communication on the open door procedure on the Greenland Government's website and in another way. Changes to the open door procedure published in the same way. Applications for licenses under the open door procedure can be submitted earlier than 90 days after publication of the notice.
Subsection. 5. A license under § 16 for a given area may be granted after a neighbor procedure to a licensee under a license for an adjoining area, without applying the procedures referred to in paragraph. 2-4 if geological or exploitation considerations by the Greenland Government's estimates justify it. The Government sends a message about the neighbor procedure to all licensees under licenses for neighboring areas. The notice of neighbor procedure must include information on the application procedure, application deadline and license conditions.
Subsection. 6. The Government can not grant on the basis of applications submitted under the procedures referred to in paragraph. 2-5.

§ 24. Permits under § 16 for exploration and exploitation of hydrocarbons granted on the basis of the selection criteria referred to in paragraph. 2-6.
Subsection. 2. A selection criterion is the candidate's expertise, including:
1) The applicant's previous experience in exploration or exploitation of hydrocarbons.
2) The applicant's previous experience in exploration or exploitation of hydrocarbons in areas with similar conditions.
Subsection. 3. Another selection criterion is the applicant's financial background.
Subsection. 4. A third selection criterion is the way in which the applicant intends to investigate and initiate exploitation in the area covered by the application, including:
1) The applicant's systems and procedures for safety, health and environment.
2) The applicant's willingness and ability to conduct thorough and efficient exploration for hydrocarbons in the area covered by the application, as evidenced by the applicant's exploration activities (work program) and associated documentation.
Subsection. 5. In assessing an applicant puts Naalakkersuisut, in addition to the criteria referred to in paragraph. 2-4, to the applicant's lack of effectiveness or non-fulfillment of obligations under previous authorizations in Greenland.
Subsection. 6. The Government may also establish other relevant, objective and non-discriminatory selection criteria in order to make a final choice between candidates that are judged to be right after a review of the selection criteria referred to in paragraph. 2-5.
Subsection. 7. In determining the procedure for granting licenses Greenland Government may decide that the Greenland Government may make up groups of companies granted licenses jointly. The composition is then made on the basis of one or more of the criteria referred to in paragraph. 2-6.
Subsection. 8. When the procedures for granting licenses, the Greenland Government may decide that the Greenland Government may appoint an operator for a group of companies that jointly granted a permit. The appointment is then made on the basis of expertise and possibly also other criteria referred to in paragraph. 2-6.
Subsection. 9. The criteria referred to in paragraph. 2-6 and provisions for their individual weights will be published together with the calls for applications, mentioned in § 23 paragraph. 2-4, and the notice of neighbor procedure referred to in § 23 paragraph. 5.


§ 25. When the resource, economic or social considerations so require, the Greenland Government may impose a licensee under this Act within a specified deadline to submit a comprehensive plan for utilization measures, etc. in accordance with § 19 of an occurrence that must be considered commercially exploitable. The plan must be approved by the Greenland Government. After acceptance by the Greenland Government may order the licensee to initiate exploitation. At the same time extended the license for exploitation of the portion of the license area covering the deposit, for a period of 30 years.
Subsection. 2. A licensee's obligations under an order to initiate exploitation, see. Paragraph. 1, to be met within 3 years after issue of the order, unless the licensee have since been returned the parts of the license area covered by the order or returned the license.

§ 26. Greenland Government's approval of an exploitation plan, see. § 19, laid down on the amount to be seized, on the basis of the information in the exploitation plan and the date of commencement of exploitation.
Subsection. 2. If for reasons of sound and efficient exploitation so or overriding public interest so requires, the Greenland Government may make changes to the approved exploitation plans or set a new amount to be seized.

§ 27. If a hydrocarbon deposit extends over several licensees, the licensees must coordinate exploration and possible exploitation. Contracts subject to approval by the Greenland Government. In the absence of a reasonable time agreement on a coordination agreement, the Greenland Government may lay down the conditions for coordination.
Subsection. 2. a deposit stretches into another country's sovereignty, the Greenland Government if agreement on coordination of exploration and exploitation concluded with such other nation that the copyright to the Greenland part of the deposit to participate in such an agreement, and stipulate the terms thereof .

§ 28. Where two or more hydrocarbon resources from the resource, economic or social considerations should be used together, the Greenland Government following negotiations with the issue orders accordingly. The General may direct a licensee fee, to make processing and transport facilities available for such coordination. In the absence of agreement between the licensees of the payment determined the Minister.



Chapter 7

Special rules on exploration and exploitation of minerals


§ 29. minerals licenses under § 16 to prospect for a period of up to 10 years or if special circumstances exist, for a period of up to 16 years. A license may be extended with a view to exploration by up to three years at a time. An extension beyond 10 years is granted on modified terms.
Subsection. 2. A licensee who under a license under paragraph. 1 discovered and delineated commercially viable deposits which the intention to exploit and also has met the terms of the license are entitled to be granted an exploitation license. The authorization may be granted to a designated by the licensee company, ref. Hereby § 16 paragraph. 3. The authorization granted for the parts of the area that contain commercially exploitable deposits which the licensee intends to exploit. The permission is granted for a period of 30 years unless a shorter period is specified as a condition of the permit. Greenland Government may as a condition for the granting of authorization, that are within a specified reasonable time must be submitted an application for approval in accordance with § 19 Paragraph
. 3. Applications under paragraph. 2 specified period of use can be extended Minister referred. However, § 16 paragraph. 5.

§ 30. A license under § 16 for the exploitation of minerals can only set conditions according to § 17 paragraph. 1-2, if specified in the permit for exploration, or if § 17 paragraph. 3, or adjacent rule in Greenland tax legislation is applied.

§ 31. The Government may specify the details of minerals, including exploration, exploitation, processing, storage, disposal, transport, trade, export, import and certification.
Subsection. 2. The Government may provide for the processing and trade of certain minerals may only be performed under the authorization or approval issued by the Greenland Government. Greenland Government may lay down rules or terms of such licenses or approvals. Activities referred to in paragraph. 1, are to be entered in the permit in accordance with § 16, requires only approval.




Chapter 8


Special rules for small-scale exploration and exploitation of minerals


§ 32. The Greenland Parliament rules on exploration and exploitation of minerals is also true for small-scale exploration and exploitation of minerals, unless otherwise specified in this Chapter 8. The same applies to rules laid down by the Greenland Government for exploration and exploitation of minerals under this Act.
Subsection. 2. A permit for small-scale exploration and exploitation Notwithstanding § 16 paragraph. 3 disclosed only to natural persons who are permanent residents and are fully taxable in Greenland and has had a registered address in Greenland in the previous 5 years and have been fully taxable in Greenland during the preceding 5 years.
Subsection. 3. The Government may waive the requirements of paragraphs. 2, the registered address in the preceding 5 years of full tax liability in Greenland in the previous five years, when appropriate based on the applicant's ties to Greenland, and the applicant has stayed outside of Greenland educational reasons or the like.

§ 33. The Government may, on specified terms grant with or without exclusive rights to small-scale exploration or exploitation of minerals.
Subsection. 2. Small-scale licenses can be granted as licenses for simultaneous exploration and exploitation or separately for exploration and exploitation. In exploration licenses may be granted a preferential to the exploitation license.
Subsection. 3. The licensee after a small-scale license over the entire license period be a permanent resident and fully taxable in Greenland and authorities and the availability of his stay, including not being in receivership, bankrupt or being in a situation equivalent thereto. The licensee shall generally trade at arm's length prices and on arm's length terms. The licensee shall have the necessary expertise and financial background for the exploitation activities.
Subsection. 4. A small-scale license can be granted to a person or persons acting in collaboration, but not more than 5 persons.
Subsection. 5. A person may not be a licensee under more than 5 small-scale licenses in a calendar year.
Subsection. 6. The Government may lay down detailed rules on small-scale mining activities, including provisions for the payment of fees for granting small following paragraph. 1 and submission of applications and the payment of expenses related to the authorities' treatment of such licenses.

§ 34. The license area for a small-scale license determined in the license. However paragraph. 2 and 3.
paragraph. 2. The license area of ​​a small-scale exclusive licenses can not be set larger than 1 km².
Subsection. 3. The license area of ​​a small-scale permit shall not include areas that are covered by exclusive licenses for exploration or exploitation of mineral resources granted to others under this Act. A small-scale license non-exclusive lapse to the extent that the same field and mineral resources licensed with exclusive rights in accordance with § 16 or an exclusive license in accordance with § 33.
Subsection. 4. The Government may provide for a maximum number of small-scale licenses, which at any moment may be in force.
Subsection. 5. A small-scale license according to § 33 shall be for a period of up to 3 years.
Subsection. 6. A licensee who during a small-scale license with exclusivity has proven commercially viable deposits and initiated exploitation of the deposits, which otherwise has met the terms of the license, has the right to extend the license period by up to 10 years each. The total license period can not exceed 30 years.

§ 35. A small-scale license only covers the exploration or exploitation performed personally by the holder or members of the licensee's household. However paragraph. 2.
Subsection. 2. The Government may grant a license to a licensee under a small-scale license exclusively employ up to 9 people in the license area.

§ 36.

In small-scale licenses, the Greenland Government modalities of carrying out mining activities under the license. The provisions fixed in accordance with the licensee's planned mining activities, including the activity of the type and extent. When changing activities or circumstances so require, the Greenland Government may lay down provisions amended.
Subsection. 2. In small-scale licenses, the Greenland Government modalities of the activities that may be performed without special approval, may be performed only after special approval and must not be performed.

Subsection. 3. Mining Activities for small-scale licenses without exclusive rights may only be performed by using small handheld devices that are not mechanical, as hammer, chisel, crowbars and pickaxes.

§ 37. The rules in § 18 paragraph. 4, on studies and plans for social sustainability, does not apply to small-scale licenses.
Subsection. 2. The rules in Chapter 15 on environmental assessment does not apply to small-scale licenses and activities for such permits, except for activities likely to have a significant impact on the environment.

§ 38. A licensee who will make exploitation must develop a plan for the utilization and associated operations, measures, etc. (an exercise plan) and a plan of activities and measures, etc. in connection with the setting of exploitation and closure of any facilities, etc. (a decommissioning plan). The plans must be approved by the Greenland Government before the licensee initiates exploitation or related activities and measures. The rules in §§ 19, 42 and 43 shall apply mutatis mutandis.
Subsection. 2. Paragraph. 1 shall not apply where a licensee under a license without exclusivity will only make use of less valuable minerals. The licensee shall then submit a declaration to the Government of Greenland. The declaration must be approved by the Government of Greenland before the licensee initiates exploitation or related activities and measures.



Chapter 9

Subsoil licenses


§ 39. The Greenland Government may for a specific area and on specified terms grant permission for use of subsoil for storage or purposes relating to prospecting, exploration or exploitation of mineral resources. An underground license may be granted for a period of up to 50 years. If necessary as a result of the permitted use of land and other exceptional circumstances, including when saving for air and gas, a subsoil license be granted for a specified longer period or after the notification is extended for a specified period.

§ 40. The Government shall by subsoil license in accordance with § 39, the extent to which the licensee must pay remuneration to Greenland. There can be laid down that, to be paid an annual fee calculated on the basis of the size of the area covered by the license (land tax), or on the basis of volume of gases, liquids, substances or materials stored in or otherwise way injected into the subsoil (volume fee). There may also be laid down for payment of a fee calculated on the basis of use of the subsoil, etc. (use tax) or terms of payment of a share to the Government of Greenland of the proceeds of the activities under the license (dividend tax).

§ 41. The Greenland Government may lay down detailed rules on subsoil licenses under § 39, including provisions relating to Greenland Parliament Act on exploitation of mineral resources and exploitation permits shall apply mutatis mutandis to subsoil licenses.



Chapter 10

Termination of activities under licenses


§ 42. Licenses issued under this Act provides detailed rules concerning the licensee's obligations to the cessation of activities that remove facilities established by the author, and otherwise making cleanup, subsequent monitoring and the like in the affected areas within the meaning. of exploitation also § 43.
Subsection. 2. The Government may by approvals according to §§ 43 and 86 set conditions to ensure the fulfillment of the licensee's obligations under paragraph. 1, including collateral. When changed circumstances so require, including expansion of the plant, the Greenland Government may modify the terms, including the changed security.
Subsection. 3. If the licensee fails to comply with an order to implement in paragraph. 1 above measures, the Greenland Government may implement these for the licensee's risk and expense.


§ 43. In connection with the application for approval of utilization measures, etc. in accordance with § 19, the licensee must submit a plan for how the company's termination status of the facilities, etc. established by the author and how the affected areas are left (closure plan). If planned leave facilities, etc. in the area, as the environmental, health or safety reasons require maintenance or other measures after closure, the closure plan include plans for maintenance or measures and the monitoring thereof.
Subsection. 2. The closure plan must indicate how the economic ensure that the plan can be implemented.
Subsection. 3. The closure plan must be approved by the Government of Greenland before use and measures relating thereto are implemented, see. § 19. In approving the Greenland Government may lay down terms on protection of environment, safety and health reasons after termination, including monitoring for a period after closure .
Subsection. 4. The closure plan must be kept updated in relation to developments in the exploitation activities and in the community. When changed circumstances so require, the Greenland Government may decide that plan and collateral for its implementation must be changed. Updates and amendments to the closure plan and changes of collateral for its implementation must be approved by the Greenland Government.

§ 44. Setting the exploitation activities for a period for subsequent resumption of the activities require approval by the Greenland Government. Approval must ensure that the facilities, etc. are maintained and monitored while exploitation activities are discontinued, and that in § 43; decommissioning plan can later be implemented if the activities are not resumed. Approval must also ensure that plans for safety, health, environment, etc. adapted to the temporary suspension of exploitation activities and a possible subsequent termination of exploitation activities. Approval may be granted for up to 2 years at a time. A renewed authorization may be granted under revised terms.
Subsection. 2. If a temporary suspension has lasted 6 years, or if the conditions for this are not complied with, the Greenland Government may order the licensee to implement it in § 43; decommissioning plan.



Chapter 11

Collection and extraction of minerals without permission


§ 45. A person who is a permanent resident and fully taxable in Greenland may, without this requires permission, make non-professional collection of loose minerals.
Subsection. 2. Collection by paragraph. 1, may be made in areas where authorized by §§ 16 or 33, and should only be undertaken with respect of subsoil licenses under § 39.
Subsection. 3. If minerals collected by paragraph. 1, wishes to sell or processed for sale are may apply for permission for small-scale exploitation of minerals in accordance with Chapter 8 of the area where the minerals are exploited.
Subsection. 4. Persons authorized under § 33 after approval by the Government of Greenland arrange guided tours for tourists and the like in order to showcase Greenland's geology. Greenland Government may specify the details of such activities.
Subsection. 5. The Greenland Government may lay down detailed rules on non-commercial collection of loose minerals and export of those from Greenland made by persons who are not a permanent resident and fully taxable in Greenland.

§ 46. The Government may approve that local authorities collect and extract gravel, stone and similar minerals to be used locally as road and building materials etc. for the establishment and maintenance of public roads, squares, harbors, houses, buildings, etc. referred. however paragraph. 2. The Government may, by approval stipulate terms on all matters relating to exploitation. Exploitation is approved, it can be made without exploitation license to the extent and under the conditions set out in the authorization. The exercise must be carried out properly in terms of safety, health and environment.
Subsection. 2. The exercise by paragraph. 1 may be made in areas where authorized under § 16 or § 33, and should only be undertaken with respect of subsoil licenses under § 39.


§ 47. The Government may approve the companies that produce and supply concrete, concrete products, as well as gravel, stone and similar minerals for use in Greenland as road and building materials, etc. to collection and mining of such minerals for such use, see. however paragraph. 2 and 4. The Government may, by approval stipulate terms on all matters relating to exploitation. Exploitation is approved, it can be made without exploitation license to the extent and under the conditions set out in the authorization. The exercise must be carried out properly in terms of safety, health and environment.
Subsection. 2. The exercise by paragraph. 1 may be made in areas where authorized by § 16 and § 33, and should only be undertaken with respect of subsoil licenses under § 39.
Subsection. 3. Companies that at least 2 years before this Greenland Parliament Act met the requirements of paragraphs. 1 and operated on the activities mentioned granted approval under paragraph. 1.
Subsection. 4. Allocation of land ibyer and settlements for use in the first paragraph. 1 said company shall be notified by the local council under the rules of land use legislation.

§ 48.
Greenland Government may lay down detailed rules for the collection and extraction of minerals under §§ 45-47, including provisions relating to specific areas not covered by the access to the collection and extraction under §§ 45-47.



Chapter 12

Scientific studies


§ 49. Geological, geophysical, glaciological, hydrological and other studies of a scientific nature of importance to in § 2. 2, Nos. 1-4, those activities should only be performed under the license granted by the Government of Greenland after this Act referred. However, § 2. 3 and 4.
paragraph. 2. The Government may lay down detailed rules on scientific studies, including the payment of costs associated with salvage and insurance or guarantees for such payments. Within Naalakkersuisut establishes rules make Naalakkersuisut consulting the Commission for Scientific Research in Greenland (Inuit Circumpolar Conference).



Chapter 13

General rules on environmental protection



Environmental protection, climate protection, nature conservation and responsibility therefore


§ 50. The Greenland Parliament rules on environmental protection includes protection of climate and nature protection, unless otherwise provided by the Greenland Parliament Act. The same applies to Greenland Parliament Act on liability and other liability for pollution and other effects on the environment and on compensation for environmental damage.



Environmental


§ 51. The Greenland Parliament rules on environmental protection will help to protect nature and the environment, so that society can develop on a sustainable basis respecting human conditions of life and the preservation of animal and plant life.
Subsection. 2. environmental protection rules aim to prevent, reduce and control pollution and other impact on nature and the environment from activities that may:
1) Endanger human health.
2) Damage animal or plant life or natural or cultural values ​​on the land or the sea or underground.
3) Be a nuisance to the beneficial use of land, sea, ground or natural resources.
4) Impair amenities or activities.
Subsection. 3. In connection with the foregoing paragraph. 2 aims specifically to:
1) To prevent, reduce and control pollution of land, sea, seabed, subsoil, water, air, harmful effects on the climate as well as vibration and noise nuisances.
2) Limit the use and waste of raw materials and other resources.
3) Promote the use of cleaner technology.
4) Promoting recycling and reduce the problems associated with waste disposal.

§ 52. In the application and administration of this Greenland Parliament rules on environmental protection should be given to what is achievable using the best available technology, including less polluting plants, machinery, equipment, processes, technologies, raw materials, substances and materials, and the best possible anti-pollution measures. The evaluation should pay particular attention to preventive measures through the use of cleaner technology.
Subsection. 2. In assessing the scope and nature of measures to prevent and respond to pollution must be given to the physical surroundings nature and probable impact of pollution on these and the entire cycle of substances and materials to pass through, in order to reduce waste of resources as much as possible.


§ 53. Anyone who wants to start up a business covered by this Act and which may cause pollution, should choose such a place for exercise, the risk of contamination is minimized. When choosing instead must take into account the area's characteristics, including current and planned future use, and the opportunities for proper disposal of sewage, garbage and other pollutants and materials.
Subsection. 2. Whoever will commence, commence or conduct business that can cause pollution, should take measures to prevent and combat this, and to organize the company's establishment, organization and operation in such a way that the minimum extent causing pollution, see. § 52. in the election, the creation and installation of company facilities, etc., including machinery, equipment and any accommodation facilities and the organization of the operation, including in the selection of exploration, exploitation, use or work processes, raw materials , fabrics and materials for use in connection with the operation and procedures for emergency and pollution control, ensure that pollution, emissions, waste generation and resource use should be restricted as possible.
Subsection. 3. When a company or individual has obligations under this Act relating to environmental protection or prevention, reduction or control of pollution, the person concerned in implementing the commitments ensure and promote the use of best available techniques, including less polluting plants, machinery, equipment and processes , technologies, raw materials, fabrics and materials, and the best possible anti-pollution measures, insofar as this is technically, practically and financially possible for that, see. paragraph. 1-2 and § 52.
Subsection. 4. When a company or individual by this Act shall ensure that environmental risks are identified, assessed and reduced as much as is reasonably practicable, that in terms of environmental protection, ensure and promote the use of best available techniques, including less polluting plants, machinery, equipment, processes, technologies, raw materials, fabrics and materials, and the best possible anti-pollution measures, insofar as this is technically, practically and financially possible for that, see. paragraph. 1-3 and § 52.
Subsection. 5. The obligations referred to in paragraph. 4 apply in the following situations:
1) When a company or individual must make sure that another party plan and perform the work or other activities so that environmental risks are identified, assessed and reduced as much as is reasonably practicable .
2) When a company or person shall ensure that supervised that another party plan and perform the work or other activities so that environmental risks are identified, assessed and reduced as much as is reasonably practicable .
3) When a company or individual must contribute to environmental risks are identified, assessed and reduced as much as reasonably practicable.
4) Where an employer or another company or person shall ensure that the employee receives the necessary training and instructions in performing the work so that environmental risks are identified, assessed and reduced as much as reasonably practicable.
5) When a company or person shall ensure that environmental risks are eliminated or reduced.
6) When a company or individual must ensure that installations devices, ships or other vessels, including the object's construction, arrangement and equipment etc. are environmental soundness condition.

§ 54.
Greenland Government may lay down detailed provisions on environmental protection and the matters mentioned in §§ 51-53, including the use of national or international rules, agreements or guidelines concerning environmental protection.



Climate protection


§ 55. The Greenland Parliament rules on climate protection will help to protect the climate, so that society can develop on a sustainable basis in respect of climate and their impact on people's living conditions and the preservation of animal and plant life.
Subsection. 2. Greenland Parliament Act on Climate protection is intended to prevent, reduce and control pollution and other effects on the climate from activities that directly or indirectly:
1) Endanger human health.
2) Damage animal or plant life or natural or cultural values ​​on the land or the sea or underground.
3) Be a nuisance to the beneficial use of land, sea, ground or natural resources.

4) Impair the life conditions.
5) Impair amenities or activities.

§ 56. The Government shall decide on the authorization or approval of an activity or the establishment and operation of a facility that is covered by this Act, submit to the Government of Greenland, among others emphasis on the need to prevent degradation or other negative impact of climatic conditions.

§ 57. If an activity or facility that is covered by this Act, is likely to have a material adverse impact on the climatic conditions, a permit or license only on the basis of an assessment of the activity or facility effects climatic conditions and for the general public and authorities and organizations have had the opportunity to comment on it. The assessment is done according to the rules for the assessment of environmental effects, see. Chapter 15

§ 58. The Greenland Government may lay down detailed provisions on climate protection and the matters mentioned in §§ 55-57, including the use of national or international rules, agreements or guidelines concerning climate protection.



Nature Protection


§ 59. The Greenland Parliament rules on nature protection will help to protect nature and the environment, so that society can develop on a sustainable basis respecting human conditions of life and the preservation of animal and plant life.

§ 60. The Government shall decide on the authorization or approval of an activity or the establishment and operation of a facility that is covered by this Act, submit to the Government of Greenland, among others emphasis on the need to prevent deterioration of nature and natural habitats and the habitats of species in designated national and international nature conservation areas and disturbance of the species for which the areas have been designated.

§ 61. If an activity or facility that is covered by this Act, are likely to have significant effects on nature, a license or approval only on the basis of an assessment of the activity or facility impacts on nature and after that the public and authorities and organizations have had the opportunity to comment on it. The assessment is done according to the rules for the assessment of environmental effects, see. Chapter 15
Subsection. 2. If an activity or facility that is covered by this Act, are likely to have significant effects on a designated national or international nature conservation area, a permit or license only on the basis of an assessment of the activity or facility implications for the site taking into account the conservation objectives. If the Greenland Government considers it appropriate, given the public the opportunity to comment on the assessment of the implications before any permit or license is granted.
Subsection. 3. In accordance with paragraph. 1 and 2 cases, permit or authorization granted only if the activity or facility does not harm a national or international nature conservation integrity or overriding public interest, including those of social or economic nature, making it necessary to perform the activity or to establish and operate the facility;. however paragraph. 4.
Subsection. 4. If an activity or installation is likely to have a significant impact on a national or international nature conservation area a priority natural habitat type or a priority species, the Greenland Government in the paragraph. 3 cases referred to only grant a permit or authorization of the activity or facility, if it is necessary for human health, public security or achieve significant beneficial effects on the environment or other essential public interests make it imperative to perform the activity or establish and operate the plant.
Subsection. 5. Where a permit or approval is granted under paragraph. 3, or paragraphs. 4 sets Naalakkersuisut appropriate compensatory measures, including the terms of the license or approval. The costs of any compensatory measures covered by the person who has applied for authorization or approval.

§ 62.
Greenland Government may lay down detailed rules on conservation and conditions specified in §§ 59-61, including the use of national or international rules, agreements or guidelines concerning nature conservation.



Chapter 14
Environmental responsibility



§ 63. After the rules on environmental liability in §§ 63-66 purposes of environmental damage:
1) Contamination of land, sea, seabed, subsoil, water or air.
2) pollution or other negative impact of climatic conditions.

3) Pollution or other significant adverse impact on nature, including human beings, fauna or flora.
4) Significant disruption of conditions mentioned in no. 3 due to noise, vibration, heat, light or the like.
Subsection. 2. The responsible party means the person who performs, directs or controls the performance of an activity under this Act. If the person is someone other than the licensee under a license related activity, the licensee is also responsible for the activity. The two parties then jointly (joint and several) obligation and responsibility and the responsible party under the provisions of §§ 64-67.
Subsection. 3. When the person responsible for environmental damage or an imminent threat of environmental damage means the responsible party under paragraph. 2 for an activity that has caused or contributed to the damage or the imminent danger. It applies irrespective of how the damage or the imminent threat of damage has occurred, and although the damage or the imminent threat of damage has arisen as a result of fortuitous circumstances.

§ 64. The person responsible for the imminent threat of environmental damage must immediately initiate necessary preventive measures to avert the imminent danger of environmental damage and notify Naalakkersuisut the danger and measures taken. The person responsible for environmental damage must immediately initiate any practically feasible actions to limit the damage and prevent further damage and notify Naalakkersuisut the damage and the measures.
Subsection. 2. The Government oversees the fulfillment of the obligations, and may issue orders for their achievement and the adoption of measures in connection therewith.

§ 65. The Government may order the responsible party to provide information relevant to the assessment of whether there is environmental damage or an imminent threat of environmental damage. It can, among other things stipulated that the person responsible for its own expense, conduct, analysis, measurement of substances or materials or the like in order to clarify the cause and effect of pollution that has occurred.
Subsection. 2. Orders may be issued regardless of whether the controller has not dispose of the property or the area where pollution has occurred. In the order may be given a duty to restore the polluted property or the contaminated area with far.
Subsection. 3. If the person responsible does not have control of the property or area, Naalakkersuisut announce the one who has control of the property or the area, ordered to tolerate that the controller or other conduct investigations or recovery and so on.
Subsection. 4. An order under subsection. 3 is binding on the person who always has control of the property or the area where pollution has occurred.

§ 66. If there is environmental damage or an imminent threat of environmental damage, which is covered by the regulations in §§ 63-65, take Naalakkersuisut decision thereof and of any action further under the provisions of §§ 63-65.
Subsection. 2. The Government shall publish the decision. Publication of a decision on the existence of environmental damage or an imminent threat of environmental damage done to the importers' expense. Greenland Government may lay down detailed rules on the publication.
Subsection. 3. The Government may lay down detailed rules on liability, including on the matters mentioned in paragraph. 1-2 and §§ 63-65.



Compensation for environmental damage


§ 67. The rules in §§ 68-72 on compensation for environmental damage applies to damage caused by pollution of land, sea, seabed, subsoil, water or air as part of the activities under the Act.
Subsection. 2. The rules in §§ 68-72 apply equally to pollution and other negative impacts of climate or nature as well as disturbance by noise, vibrations, heat, light or the like. Such pollution, influence or interference is also covered by the rules on pollution in §§ 68-72.

§ 68. Under the rules of § 67 and §§ 69-72 replaced injury:
1) Personal injury and loss of breadwinner.
2) Property damage.
3) Other financial loss.
4) Reasonable costs for
a) measures for the prevention and avoidance of damage
b) restoration of the environment and nature and
c) mitigation and neutralization of pollution and other negative impact on the environment, climate circumstances and nature.


§ 69. The person who is responsible for environmental damage in accordance with § 63 and causes pollution in connection with an activity under the Act, to replace the damage that pollution causes, although the damage is accidental. If the person is someone other than the licensee under a license related activity, the licensee is also responsible for the activity. The two parties then jointly (joint and several) obligation and responsibility and the responsible party in accordance with paragraph. 2-4 and §§ 70-72.
Subsection. 2. Liability under paragraph. 1 will not apply if the person responsible proves that the activity is exercised in conformity with mandatory regulations laid down by a public authority, unless the rules follow an order or instruction as a result of the responsible party's own activities or conditions.
Subsection. 3. Compensation for personal injury or loss of dependency may be reduced or waived if injured or deceased person intentionally contributed to the injury. Compensation may be reduced in special cases lapse if the injured or deceased person through gross negligence contributed to the damage.
Subsection. 4. Replacements in other cases, reduced or waived if the victim contributed to the damage with intent or gross negligence.

§ 70. An agreement derogating from Greenland Parliament Act on compensation for environmental damage is void if the agreement is concluded before any damage occurs and the derogation to the detriment of the victim.
Subsection. 2. Paragraph. 1 does not apply to an agreement between the responsible person and a professional, acting as part of its business to the extent that the agreement covers the contracting parties' relationship. To the extent such an agreement directly or indirectly to the contracting parties relative to the other, the rule in paragraph. 1.

§ 71. The rules §§ 67-70 and § 72 on compensation for environmental damage does not limit the injured party to compensation under general rules on damages in tort, contract, or other rules of the Greenland Parliament Act or other legislation.

§ 72. The Greenland Government may lay down detailed provisions on compensation for environmental damage and the matters specified in §§ 67-71, including the use of national or international rules, agreements or guidelines regarding compensation for environmental damage.



Chapter 15

Environmental impact assessment (EIA)


§ 73. Authorization and clearance of one of the following activities can only be granted when an assessment of the environmental impact assessment (EIA) when performing the activity is carried out and an explanation why (EIA) approved by the Government of Greenland:
1) the use of hydrocarbons.
2) Exploitation of minerals, except for small-scale exploitation of minerals in accordance with Chapter 8 and collect and extract minerals without a license under Chapter 11
3) Use of subsoil for storage or purposes relating to mineral resource activities.
4) Recovery of energy from water, wind or the subsoil for activities under this Act.
5) The establishment or location and use of larger plants used for activities under this Act, including fixed offshore installations, mobile offshore units, accommodation vessels, pits, underground facilities, associated energy and related pipeline facilities.
6) Setting an activity or operation of a facility, etc. mentioned in Nos. 1-5 or dismantling (removal) or the closure of a facility, etc. mentioned in No.5.
Subsection. 2. If an activity covered by this Act and not paragraph. 1, are likely to have significant effects on the environment, the authorization and approval of the activity granted only when an environmental assessment is conducted and an EIA report is approved by the Greenland Government.
Subsection. 3. The Government shall determine whether in the cases mentioned in paragraph. 2, an assessment of the environmental impact and prepared an EIA report. The Government lays down detailed rules on the criteria used in the decision.

§ 74. The applicant must conduct the environmental assessment, prepare the EIA report and forward it to the Government of Greenland, when in accordance with § 73 required an approved EIA report. The applicant must also prepare a non-technical summary of the EIA report.
Subsection. 2. The Government may determine that additional material for assessing the environmental impact assessment (EIA) must be provided, or that the EIA responsible for carrying out further studies or assessments of specific facts which are important for assessing the environmental effects.
Subsection. 3. The Government shall lay down detailed provisions on the performance of environmental assessments and preparation and approval of EIA reports, including the material to be produced for environmental assessments.


§ 75. Information about the submission of an EIA report is announced to the public on the Greenland Government's website or other appropriate means.
Subsection. 2. Likewise published information on the outcome of a case with disclosure of any terms, the main reasons and considerations underlying the decision and, if necessary, a description of the main measures to avoid, reduce or mitigate adverse effects.



Chapter 16

Social sustainability assessment (SSA)


§ 76. If an activity covered by this Act, are likely to have significant effects on social conditions, authorization and approval of the activity granted only when an assessment of the social sustainability (VSB) When conducting the activity is carried out and an explanation why (SSA report) has been approved by the Greenland Government.
Subsection. 2. The Government shall determine whether in the cases mentioned in paragraph. 1 be made an SSA and compiled an SSA report. The Government lays down detailed rules on the criteria used in the decision.

§ 77. The applicant must make an SSA, prepare an SSA report and forward it to the Government of Greenland, when in accordance with § 76 required an approved SSA report. The applicant must also prepare a non-technical summary of the SIA.
Subsection. 2. SSA report must appropriately identify, describe and assess the activity, direct and indirect effects on social relationships and interaction between the conditions, interactions between conditions and cumulative effects of impacts on the conditions.
Subsection. 3. The Government shall lay down detailed provisions on the performance of VSB and the preparation and approval of SSA reports, including on the material to be produced for an SSA.
Subsection. 4. Information about the submission of an SSA report is announced to the public on the Greenland Government's website or other appropriate means.

§ 78. The Government may determine that additional material for an SSA must be provided, or that the SSA responsible for carrying out further studies or assessments of specific facts which are important for assessing social sustainability.



Chapter 17

Health and safety of offshore installations


§ 79. The licensee shall ensure that health and safety risks associated with offshore installations used for exploration, exploitation and transportation of hydrocarbons are identified, assessed and reduced as much as reasonably practicable.
Subsection. 2. The licensee shall ensure that supervised the operation of an offshore installation is in accordance with this Act, other legislation and regulations laid down in pursuance of the Act and other legislation.
Subsection. 3. The licensee shall ensure that the activity of the licensee's behalf perform or control and direct the performance of activities under the license, have the opportunity to meet the health and safety obligations this. The licensee shall also ensure that the company provides and oversees the health and safety risks are identified, assessed and reduced as much as is reasonably practicable, and to post-authorization activities carried out in accordance with this Act , other legislation and regulations laid down in pursuance of the Act and other legislation.
Subsection. 4. The Government may provide for the safety and sundhedi offshore installations within the territorial sea or continental shelf area off Greenland. This includes the provision of the licensee's responsibilities and obligations of responsibilities between the institutions and individuals that perform or assist in performing offshore hydrocarbon activities, and establishing health and safety reports, including in order to demonstrate compliance with the requirements under paragraph. 1-3. There may also be made for the management of health and safety, the safety and protection, the construction and decommissioning of offshore installations as well as equipment, approvals, monitoring, emergency response, rescue measures, training requirements, working and so on.


Emergency committee and accident investigation






§ 80. The Government set up an emergency committee that has the task of coordinating regulatory efforts in accident and emergency situations, including war situations on offshore installations. Preparedness Committee members monitor the steps taken by those in charge of offshore installations and will coordinate the authorities' preventive, rescue and control measures.
Subsection. 2. The Government shall establish rules of procedure for the emergency committee.

§ 81. The Greenland Government may set up an accident investigation board aims to investigate major incidents on and near offshore installations which have caused damage to facilities or serious injury to person, property, living or non-living resources or the environment.
Subsection. 2. The Government may impose the accident investigation board to investigate events likely to have safety, health or environmental interest in the use of an offshore installation, and can lay down the details AAIB organization, including the rights and duties of the Accident Investigation Board has with investigations in paragraph. 1 hereof.

§ 82. Anyone who is subject to obligations by this Act, shall upon request provide the Greenland Government, the emergency committee and the accident investigation all the information they consider necessary for the performance of their business under this chapter. This also applies to persons acting on behalf of those who are subject to obligations pursuant to the Act.
Subsection. 2. It is for anyone who is subject to obligations by this Act, to provide the Greenland Government, the emergency committee and the accident investigation all the assistance necessary for their studies under this chapter.



Chapter 18

Authority consideration, etc.


§ 83. Activities covered by permits pursuant to the Act shall be conducted in accordance with under similar circumstances acknowledged best international practices. The company must be carried out appropriately and properly in terms of safety, health, environment, resource utilization and social sustainability.

§ 84.
The Government can respect the law, which powers are delegated to other authorities, provide for the execution of activities covered by permits pursuant to the Act and outside the license area as well as on other activities and conditions under the Act. The Government may lay down rules on technical matters, matters relating to the health and safety of offshore activities and issues relating to environment, resource utilization and social sustainability.
Subsection. 2. Premier may permit stipulate terms on all matters relating to the license in accordance with § 83 and the purposes stated in § 1 and to the same extent lay down rules on licensing conditions, including standard terms and model licenses.

§ 85. The Greenland Government may regulate the export and import of mineral resources.
Subsection. 2. Naalakkersuisutkan provide or make decisions in order to implement or apply international agreements or rules on matters covered by this Act in Greenland.
Subsection. 3. The Government may regulate the export and import of rough diamonds and activities related to rough diamonds and provisions intended to implement or apply international agreements or rules on rough diamonds, including complying with requirements under the Kimberley Process Certification Scheme.

§ 86. Activities covered by licenses under this Act, including the establishment of buildings, facilities and installations etc. in and outside the license area, as well as measures related to the temporary suspension of exploitation activities, shall, before implementation is approved by the Greenland Government in compliance with the permit conditions imposed. The same applies to measures to fulfill the obligations upon termination of activities covered by licenses under this Act. Operations carried out in connection with activities under this Act, including drilling, shaft sinking and of drifts, continued to be within the implementation approved by the Greenland Government in each case.

Subsection. 2. The Government oversees licensees and others and activities under this Act, including the terms and conditions laid down under this Act. Greenland Government may issue an order to comply with the Greenland Parliament Act, the provisions laid down under the Act and license conditions. Orders may be issued to holders and others under the Act. Authority's employees have at any time without a court order against proper identification to access all parts of companies and activities under this Act, to the extent it is required to carry out supervisory functions.
Subsection. 3. Licensees and others under this Act must provide all information required for the authorities examining their operations or activities under the Act. Greenland Government may for the implementation of regulatory procedures under this Act order licensees and others to submit the information in the manner and in the form that the Greenland Government considers necessary.
Subsection. 4. Licensees must regularly submit reports on the activities performed and their results. Terms reporting and confidentiality in connection therewith stipulated in the licenses.
Subsection. 5. Licensees and others under this Act to pay the expenses related to the authorities' treatment pursuant to the Act. The payment can be charged as fees or reimbursement of expenses. The Government shall lay down details thereof.

§ 87. The authorities, including approvals under this Act shall not relieve the licensee and others under the Act to obtain licenses or permits that are required by other legislation.
Subsection. 2. Authorisation under this Act exempts the fulfillment of requirements for land allocation within and outside the license area for buildings and plants referred to. However, § 47 paragraph. 4. A license under this Act shall also be entitled to carry out activities covered by the permit, as well as other activities directly related thereto.



Chapter 19

Other rules


§ 88. Direct or indirect transfer of a license under this Act can not happen unless the Greenland Government approves the transfer.
Subsection. 2. A license under this Act is exempt from prosecution.

§ 89. Licenses issued under this Act lays down the circumstances under which the license is forfeited or may be revoked by the Greenland Government.

§ 90. A license stipulate that a dispute between the Government of Greenland and the licensee as to whether they permit specified conditions are met, must be submitted to an arbitration tribunal, whose decisions are final.

§ 91. The license must be determined to what extent the licensee's obligations made after the authorization has lapsed.

§ 92. A licensee must make good any damage caused by activity or activities under the license, even if the damage is accidental.
Subsection. 2. Compensation under paragraph. 1 may be reduced or waived if the injured party willfully or through gross negligence contributed to the damage.
Subsection. 3. It may be specified in a license that the licensee's liability to be covered by insurance or other form of collateral.
Subsection. 4. The rules in paragraphs. 1-3 apply correspondingly to activities performed by others under this Act, including licensees under approvals issued pursuant to the Act, insofar as their activities under the Act.
Subsection. 5. The Government may provide that the liability of contractors, suppliers and service providers to the extent that their services are used for operations or activities covered by the authorization must be covered by insurance or other form of collateral.

§ 93. The Government may, as necessary, authorize the expropriation of property for the purpose of business by this Act.
Subsection. 2. Expropriation under paragraph. 1 takes place according to the rules on expropriation.

§ 94. The amount of fees etc. which are paid to cover expenses in the Mineral Resource Authority, can be fixed with partial cost recovery.


§ 95. The Greenland Government may decide that the regulatory functions by this Act shall be provided by other public authorities or private parties within specified limits referred to. However, § 3, paragraph. 1 and 2. Unless otherwise provided in the authorization, the authorized public authorities or private parties and their employees thus the same powers as the Greenland Government and its employees would have in performing that task.



Chapter 20

Penalties and entry into force etc.


§ 96. Fine imposed on anyone who performs activities mentioned in § 2. 2, without authorization under this Act.
Subsection. 2. There may be fined the person who intentionally or recklessly:
1) Submits incorrect or misleading information or withhold information that an authority is entitled under this Act or under provisions or terms laid down under of this Act.
2) Making collection or extraction of minerals in violation of §§ 45-47.
3) Failing to deposit excess minerals according to § 45 paragraph. 6
4) breach of terms of permits or approvals granted pursuant to this Act or regulations under this Act.
5) Failure to comply with orders issued under this Act or regulations issued pursuant to this Act.
Subsection. 3. The provisions laid down in pursuance of the Act, it can be determined that for infringement of the rules can be fined or other sanctions under the Criminal Code for Greenland.
Subsection. 4. If the violation is committed by a company which is wholly or partially owned by the Government of Greenland, the state, a municipality or a municipal covered by legislation on municipal councils and village councils, a public limited liability company, a cooperative society or the like, may be imposed business, etc. as such criminal liability. The same applies if the offense is committed by the Government of Greenland, a municipality or a municipal association, which are covered by legislation on municipal councils and local authorities etc.
Subsection. 5. Fines imposed under this Act or regulations under this Act accrue to the Treasury.

§ 97. The Greenland Government may confiscate raw materials collected without authorization or in violation of §§ 45-47 or order issued pursuant to § 48.
Subsection. 2. Confiscated mineral resources are sold by the Greenland Government. The sales proceeds shall accrue to the Treasury.

§ 98. The Greenland Parliament Act comes into force on 1 January 2010.
Subsection. 2. At the same time, Act no. 335 of 6 June 1991 on Mineral Resources, etc. in Greenland.
Subsection. 3. With respect to Greenland made while following changes in the law on the continental shelf, see. Act no. 1101 of 18 November 2005, as amended:
1.§ 1, § 2, § 3, paragraph. 2, § 4, paragraph. 5 and § 5, paragraph. 1, repealed.
Second In § 3, paragraph. 1 deleted "cf. However paragraph. 2".
3.§ 6 reads as follows:
"§ 6. For structures and safety zones, see. § 3, which are on or created within the Greenland continental shelf, it applies to Greenland otherwise applicable law . the Government shall exercise the powers set out in § 4, subject to the rules of the Greenland Parliament Act on mineral resources and activities of (the mineral resources Act). "
Paragraph. 4. permits for prospecting, exploration or exploitation of mineral resources in Greenland, which was granted by the Greenland Parliament enters into force shall remain valid and regulated pursuant to the Act.
paragraph. 5. the January 1, 2010 applicable regulations for mining activities as well as application procedures and standard license terms remain in force with the amendments concerning the administrative authority arising out of this Act until etc. are repealed or replaced by new provisions in pursuance of this Act.





Greenland, December 7, 2009




Kleist
/
Ove Karl Berthelsen