Parliament Act No. 7 Of 31 May 2001 On The Exploitation Of Ice And Water For Export (Ice And Water Export Law)

Original Language Title: Landstingslov nr. 7 af 31. maj 2001om udnyttelse af is og vand med henblik på eksport (is- og vandeksportloven)

Read the untranslated law here: https://www.global-regulation.com/law/greenland/5961152/landstingslov-nr.-7-af-31.-maj-2001om-udnyttelse-af-is-og-vand-med-henblik-p-eksport-%2528is--og-vandeksportloven%2529.html

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Parliament Act no. 7 of 31 May 2001 on the exploitation of ice and water for export (ice and water export law)

Modified repeals, hovedlov replaces information

Change
Landsting Regulation no. 5 of 22 November 1984 authorizing the export of Greenlandic products

Modified by
Parliament Act no. 3 of 15 May 2014 amending Rule Act on the exploitation of ice and water for export (ice and water export law)
(Amendment of authority names and rules on communication of information etc.)

Hovedlov to
Home Rule Executive Order no. 7 of 22 April 2004 on the authority handling applications in accordance with ice and water export law


Adds to Home Rule Executive Order no. 7 of 22 April 2004 on the authority handling applications in accordance with ice and water export law


Chapter 1.

Scope




§ 1. Landsting Act regulates the use of ice and water for export.
Subsection. 2. This Act also applies to the territorial sea around Greenland.
Subsection. 3. This Act does not apply to the exploitation of ice and water for supply for consumption in Greenland or exploitation of ice and water resources for hydropower and related studies.

§ 2. Exercise of ice and water for export as well as studies in the field in connection therewith can only take place in accordance with the permission granted under the provisions of this Act.
Subsection. 2. The state and home rule could previously perform scientific and practical studies of general and mapping nature concerning the hydrological and glaciological conditions.


Chapter 2.
Feasibility studies



§ 3. The Cabinet can be for a specified area and on specified terms grant non-exclusive prospecting for opportunities for exploitation of ice and water for export.
Subsection. 2. The authorization may be granted for a maximum period of three years at a time.


Chapter 3.

Exercise


§ 4. The Cabinet can be for a specified area and on specified terms grant a license for exploitation of ice and water for export. Permission granted with exclusive rights for rural areas. Permission for marine issued without exclusive rights under special circumstances.
Subsection. 2. Authorization may be granted separately for ice and water. The permit lapses if exploitation is not before the permit time limit, which may not exceed five years from the authorization is granted.

§ 5. Permission after § 4 shall only be granted to a capital company, based in Greenland, which exclusively carry out activities under licenses granted under this Act and which are not taxed jointly with other companies.
Subsection. 2. The licensee shall have the necessary expertise and financial resources to carry out the exploitation activities.
Subsection. 3. A permit under § 4 may not include an area whose development potential significantly exceeds the licensee's needs.

§ 6

The Cabinet can without compensation to the holder within the area covered by a permit under § 4, grant permission for others to use ice and water for supply for consumption in inhabited areas.

§ 7. A license under § 4 may be granted for a maximum period of 20 years.
Subsection. 2. The Greenland government may extend the paragraph. 1 specified period on specified terms.


Chapter 4.

Plan for the entire business


§ 8. Before exploitation and the establishment of related facilities and other measures implemented, a plan for the entire business be approved by the Greenland government.
Subsection. 2. The plan under subsection. 1 licensee shall document the quality of the products sold will have the sale to the beneficiaries, and how the company will ensure product quality.
Subsection. 3. The plan must also include in § 11 that information.


Chapter 5.

Plan for termination of activities


§ 9. In connection with the application for approval of a plan for the entire company in accordance with § 8, the licensee shall submit a plan to indicate what the cessation of activities must be carried out with regard to cleanup and removal of plants established under the license. If the plant that for environmental and safety reasons require maintenance after termination, plans to leave the area, the plan for termination by the company indicate how this maintenance will be made.

Subsection. 2. The plan for the cessation of the company must be approved by the Government of Greenland before the exercise may be undertaken in accordance. § 8, and should indicate how the economic ensure that the plan can be implemented.
Subsection. 3. Applications under paragraph. 2, the plan must be updated regularly and be updated with significant modifications of exploitation activities. Changes to the cessation plan must also be approved by the Greenland government.

§ 10. Setting the exploitation activities for a period for subsequent resumption of the company requires approval of the Government of Greenland in order to ensure that the plant is maintained, while the company is set up, and of that in § 9 declared cessation plan can later be implemented if the company does not resume. Approval may be granted for up to 2 years at a time.
Subsection. 2. If such temporary suspension has lasted two years or the conditions are not met, the Greenland government may order the licensee to implement it in § 9 declared cessation plan.


Chapter 6.

Terms, inspections, orders and disclosure


§ 11. In connection with the application for approval of a plan for the entire company in accordance with § 8, the applicant shall provide the information that the Cabinet considers relevant, including information about the company's financial health and opportunity for profitable operations and an assessment of environmental and employment aspects of the activity envisaged.

§ 12. A license under §§ 3-4 and approval according to §§ 8-10 down procedures relating to technical, safety, environmental, land, resources and quality considerations.
Subsection. 2. An approval under §§ 8-10 may set conditions to ensure the fulfillment of the licensee's obligations under paragraph. 1, including collateral.

§ 13. A license under §§ 3-4 be laid down on the licensee's commitment to continuously clean up and the like in the affected areas.
Subsection. 2. A license issued under § 4 be laid down on the licensee's commitment to the cessation of activities to clean up the affected areas and remove plants established under the license, in accordance with the in § 9 declared cessation plan.
Subsection. 3. A license issued under § 4 also lays down conditions to ensure the fulfillment of the licensee's obligations under paragraph. 2, including any full or partial collateral.

§ 14.

A license under §§ 3-4 above may stipulate access for other than the licensee to use ice and water resources for their own use within the license area.

§ 15. A license under §§ 3-4 stipulate the circumstances under which authorization may be revoked by the Government of Greenland, and to what extent the licensee's obligations made after the authorization has lapsed.

§ 16. A license under §§ 3-4 above may stipulate that a dispute between the Cabinet and the licensee for an authorization specified conditions are met, must be submitted to an arbitration tribunal, whose decisions are final. Guidelines for the arbitration court activity, the choice and composition can also be stipulated.

§ 17. Unless otherwise provided by law, leads Greenland government supervision of activities of licensees under this Act and may issue orders for compliance to this Act and regulations and conditions issued pursuant to this Act. Authority's employees have at any time without a court order and with the proper identification to access all parts of the business to the extent required for the performance of their duties.

Subsection. 2. If the licensee does not comply with an order to implement the in § 13 above measures, the Government of Greenland carry these through the licensee's risk and expense.

§ 18. The licensee shall provide controlled all information that is necessary for regulatory approvals for the company. The Cabinet may for the purpose of regulatory assessment order a licensee to submit the required information.
Subsection. 2. Licensees must annually submit reports on the activities performed and their results, including the company's environmental impact. Terms reporting stipulated in the licenses.


Chapter 7.

Authority treatment and certification


§ 19. The Cabinet may determine that the activities covered by this Act are managed by one authority and within the legal frame lay down detailed rules for the administration's pursuit.

§ 20. Prior to authorization under §§ 3-4, obtain the opinion of the municipalities concerned. For areas outside the municipal division of consulting with the citizen councils.


§ 21. The Cabinet may lay down rules for a certification scheme that define quality categories for ice and water that are exploited and exported under permits under § 4.
Subsection. 2. Licenses issued under § 4 may stipulate that the licensee shall comply with the provisions established in accordance with paragraph. 1.


Chapter 8.

Company to carry out activities involving the exploitation and export of ice and water


§ 22. Contracts may be made between the Home Rule and concessionaire that a Home Rule owned company joins in the activities under the license.
Subsection. 2. The Cabinet will decide on which company to undertake activities related to home rule participation in accordance with paragraph. 1. The Cabinet may lay down rules for its performance of such activities, including data regarding the elimination of a particular company.


Chapter 9.

Other provisions


§ 23. Any transfer of a license under §§ 3-4 must be approved by the Greenland government.
Subsection. 2. A license under §§ 3-4 are removed from any kind of debt enforcement.

§ 24. The licensee is liable for damages caused by the activities covered by the authorization under §§ 3-4, after the normal compensation rules unless another law provides for a higher responsibility.
Subsection. 2. A license under §§ 3-4 above may stipulate that the licensee's liability must be covered by insurance or other form of security.

§ 25. The Cabinet publishes an annual report on the activities under this Act.


Chapter 10.

Charges and fees


§ 26. A license issued under § 4 may stipulate respect to the payment of taxes. It may be laid down on the payment of a fee calculated on the basis of volume and value.

§ 27. The Cabinet may lay down rules on respect to the payment of the fee for a license under §§ 3-4, including the fee for the license was granted, renewal, transfer and for all authorities' consideration of the license.
Subsection. 2. The Cabinet may also specify rules governing the payment of fees for submission of application for authorization under §§ 3-4.
Subsection. 3. The provisions of paragraph. 1-2 above fees are included to cover the costs associated with the regulatory approval and can be fixed with full or partial cost recovery.


Chapter 11.

Expropriation


§ 28. The Cabinet is authorized through expropriation to acquire real estate for rights owners and the government needed to implement it in this Act referred business. Expropriation is done in accordance with Act on expropriation.


Chapter 12.
Penalties



§ 29 Fine can be imposed on anyone who without authorization carry out the activities mentioned in § 2. 1 of this Act.
Subsection. 2. Unless other measures may be imposed under other legislation are punishable by a fine on anyone who intentionally or recklessly
1) giving false or misleading information or withhold information that an authority is entitled under county law or under to regulations issued pursuant to this Act.
2) violates the provision in § 23
3) disregards terms issued pursuant to § 12 paragraph. 1, § 13, § 21 paragraph. 2, or § 26
4) fails to comply with the in § 10 paragraph. 2, or 17 paragraphs. 1 listed injunction.
Subsection. 3. In regulations issued pursuant to this Act may provide that the intentional or grossly negligent violation of provisions of the regulations can result in fines.
Subsection. 4. Is it in the paragraph. 1-3 that infringement committed by a company, an association, a private foundation, a foundation or the like, the juristic person to pay a fine. If the violation is committed by the Home Rule, a municipality or a municipal community, these can be fined.
Subsection. 5. Fines imposed under this Act or the regulations under this Act shall accrue to the Treasury.


Chapter 13

Entry into force


§ 30 Landsting Act shall come into force on 1 July 2001.
Subsection. 2. Landsting Regulation on the authorization of exports of Greenland products does not apply to the export of ice and water by this Act.
Subsection. 3. Act on public records does not apply to reporting on performance and the results thereof by this Act.


Chapter 14

Transitional


§ 31

. Exploitation and export permits for ice and water for export granted by this Act enters into force shall remain valid for the period for which the license is granted.
Subsection. 2. Matters concerning the application for authorization of activities mentioned in § 2. 1 not finalized by this Act ikrafftræden, further processed after that date pursuant to this Act.

Greenland Home Rule on 31 May 2001.


Jonathan Motzfeldt
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Søren Hald Møller