Parliament Act no. 11 of 8 June 2014 on the exploitation of hydropower resources for the production of energy

Modified repeals, hovedlov replaces information

Aside
Parliament Act no. 12 of 1 December 2009 on the exploitation of hydropower resources for the production of energy

Chapter 1

Scope
§ 1. The Greenland Parliament Act applies to prospecting and
utilization of hydropower resources for the production of energy and other related
related activities.
Subsection. 2. Greenland Parliament Act aim to activities covered
of the Act are securely in terms of safety, health, environment,
resource utilization and social sustainability as well as appropriate and in accordance
under similar conditions, good international practices .
§ 2. The Greenland Parliament Act applies to hydropower resources
with an estimated capacity of 1 megawatt (MW) or more.
Subsection. 2. The Government may decide that an application
about prospecting or exploitation of hydropower resources are treated in
according to county regulation of energy when applied
hydropower plant has a maximum production capacity of up to 1 MW.

Chapter 2

Feasibility studies and exploitation
§ 3. Greenland has exclusive rights for prospecting and
utilization of hydropower resources for energy production.
§ 4. The Government may, on specified terms grant
permit for prospecting and exploitation of hydropower resources
production of energy. Permission can be granted separately for
prospecting and exploitation.
Subsection. 2. Permit for prospecting and exploitation of
hydropower resources for the production of energy in connection with the exercise of
mineral resources granted by the Government of Greenland as part of the overall
authorities' consideration of these activities. However, the concrete
permission hydropower treated by this Act.
Subsection. 3. Company under prospecting license
or exploitation should be in accordance with this Act, in
issued pursuant thereto and authorization conditions and at any time
legislation in force.

Subsection. 4. The Government may issue licenses under subsection. 1 to
several applicants at the same time, if the individual applicants only expects to utilize a
part of a vandkraftressources hydropower potential.
§ 5. Authorization for prospecting granted for a fixed
hydropower resource with associated geographically defined territories and otherwise
on terms established by the Greenland Government.
Subsection. 2. Permit for prospecting communicated with exclusive and
a period of up to 3 years. The Government may grant an extension of
license period for a prospecting license for further
feasibility studies. Extension may be granted up to an additional 3 years. The
total license period for a prospecting license may not be
longer than 6 years.
Subsection. 3. A licensee has the right to be granted a permit
to use on the basis of a feasibility study permit if all the following conditions are met
:

1) The licensee has completed feasibility studies for
prospecting license and can carry out the project described in the application
granting of a license for exploitation,

2) The licensee has met the terms of the prospecting license,
including conditions for issue of an authorization for use on the basis
of the prospecting license, and

3) The licensee applying for the grant of an exploitation license
within the prospecting license ceases.
Subsection. 4. The authorization may be granted to one of the rightholder
designated enterprises under. Hereby § 8 paragraph. 1.
§ 6. A licensee must regularly submit reports on
business and activities under the license, and the results thereof
including findings to the Government of Greenland.
Paragraph 2.. Reports and data that a licensee has sent
to Naalakkersuisut, see. Paragraph. 1, are confidential until three years after the authorization
termination, unless otherwise provided by regulations or licensing conditions laid down in
pursuance of this Act.
Subsection. 3. The Government may lay down detailed rules or
license conditions on reporting and confidentiality associated with this
reporting.
§ 7. Permission for use granted for a fixed
hydropower resource with associated geographically defined territories and otherwise
on terms established by the Greenland Government.
Subsection. 2. Permission for use may be granted on conditions including

A minimum or maximum energy production and a minimum or maximum
water outlet.
Subsection. 3. Permission to use granted with exclusivity and a
period of up to 40 years, see. However, § 13 paragraph. 2.
Subsection. 4. The period of exploitation license under subsection. 3
determined based on the applicant's documented needs in time
regard.

Chapter 3

Terms and Conditions
§ 8. Permission for use may only be granted to a
company is a limited company or a company with a
similar corporate form. The company must have the expertise and financial
background of the company and the activities after the permit. The company must
be based in Greenland. The company must throughout the license period
meet the requirements mentioned in the 1 st 3 section. and the availability of its assets, including not
in receivership in bankruptcy or in a situation assimilated
thereby.
Subsection. 2. The notified exploitation license shall also
owner of hydropower stations and all the associated facilities, including
dams, canals, tunnels, reservoirs, pipelines, turbines,
transmission lines, etc. for use production of energy under the
informed consent. Exceptions are hydropower plants and associated
devices which are let by the PA.
§ 9. Before prospecting and exploitation and related
term end measures implemented, a plan for the company was
approved by the Greenland Government.
§ 10. A company licensed to
exploitation may only establish and operate hydropower plants referred to. However
paragraph. 2.
Subsection. 2. The Government may grant a license to a company that
grant an exploitation license, must also carry out other affiliated company.
Permission for the establishment and operation of associated company established as a
part of an exploitation license on its provisions and
license terms.
§ 11. The Government may provide and Conditions
for licenses for prospecting and exploitation of hydropower resources
production of energy. The Government may lay down provisions
and licensing conditions on;

1) excess production capacity and the supply of part of
production to a public network or for private parties

2) disputes between the Government of Greenland and the licensee as to whether the
in the authorization conditions are fulfilled must be submitted to an arbitration tribunal
whose decision is final

3) the design of the study project and schedule

4) documentation of the licensee's organizational and technical
capacity

5) notification requirements and demands for guarantees, and

6) restoration of physical conditions and security for this.
Subsection. 2. Permission for the establishment and operation of a hydropower plant, whose production
most widely used in the exploitation of mineral resources
communicated Minister for Greenland Parliament Act on
mineral resources and activities of meanings (the Mineral Resources Act) . A
such authorization may be granted only when a license for the exploitation of hydropower
granted pursuant to this Greenland Parliament Act, see. §
4, paragraph. 2. Regulations and license conditions set out under paragraph. 1
or other rules of the Greenland Parliament Act may Minister waived in connection
with prospecting, exploration and exploitation of mineral resources and
establishment and operation of hydropower plants in connection therewith.
Subsection. 3. A licensee and others under the Act
must pay the costs associated with any authority treatment under the law.
The payment can be charged as fees or reimbursement of expenses. Fees fixed
taking into account the cost incurred for the proceedings and
regulatory approval, including the costs of monitoring and external advice and
assistance. Greenland Government may lay down detailed rules and
licensing conditions thereof.
Subsection. 4. It provides a license for exploitation in which
extent the licensee must pay remuneration to Greenland. It may
including stipulate that to be paid a fee calculated on the basis of
size of the hydropower resource that is covered by the authorization
(volume charge), on the basis of the actual utilization of hydropower
( utilization charge) or on the basis of the energy produced
(production remuneration). There may also be laid down for payment to
Government of Greenland for a share of the proceeds of the authorization
included the company (dividend payment).
Subsection. 5. The Government shall set licensing conditions and

Provisions on the licensee's use of domestic manpower. In the
extent necessary for the company, the licensee may apply
labor from outside Greenland when similarly qualified
labor is not available in Greenland. The Government should set
license terms and conditions on the licensee's use of
Greenland enterprises for contracts, supplies and services. Other
companies can be used, if Greenland enterprises are not
competitive in technical and commercial terms.
Subsection. 6. The Government may establish licensing conditions and
provide that the licensee must conduct surveys and
assessments of technical, environmental and socio-economic conditions, including
social sustainability, prepare reports accordingly.
Subsection. 7. The Government may establish licensing conditions and
rules on the circumstances under which a permit for prospecting and exploitation
lapses or is revoked by the Greenland Government. A concrete
permission must state license terms thereof and refer to any
provisions thereof.
§ 12. In connection with the determination of a licensee
remuneration to the Government of Greenland in accordance with § 11 paragraph. 4, may be granted
licensee exemption from taxation of the activities under the license
business.
Subsection. 2. Prior to the grant of exemption from taxation under
paragraph. 1, the Government of Greenland notified authority by recording a
note to the budget for the period of a permit issued under §
4, paragraph. 3.

Chapter 4

Renegotiation of exploitation license
§ 13. When half of the period of the exploitation license is
course, the holder of the authorization and Naalakkersuisut launch
negotiations on the post-exploitation overstayers. However,
negotiations not commence until there are 10 years to permit expires.
Subsection. 2. The Government may grant an extension of
license period for an exploitation license by up to 20 years.
Premier may announce an exploitation license holder a right
for an extension of the license period by up to 20 years if prescribed
conditions are met.
Subsection. 3. If special considerations for the project realization makes it
necessary, Naalakkersuisut besides an extension granted under paragraph.
Second inform the licensee a right to an extension of the license period
up to another 20 years if specified conditions are met.
Subsection. 4. The total license period for a
exploitation license can not be longer than 80 years.
Subsection. 5. Can not be agreed upon time after exercise still permit
expired, the Greenland Government may decide that the hydropower plant shall revert to
Greenland, see. § 15 paragraph. 1.
§ 14. The Government of Greenland and the holder of permission
exploitation may agree that the hydropower plant shall revert to
Government of Greenland prior to expiration of the period of authorization for the operation.

Chapter 5

Reversionary
§ 15. The Government may establish licensing conditions on or
decide that a hydropower plant shall revert to Greenland, when a
exploitation license expires or terminates. Authorisation holder must
then transfer the hydropower plant and all the associated devices
including dams, canals, tunnels, reservoirs, pipelines, turbines,
transmission lines, infrastructure, etc. as well as housing and associated equipment for
operation of the hydroelectric station to the Greenland Self with full ownership and
without consideration.
Subsection. 2. reversionary interest established by licensing, see. §
7 must be registered at the Court of Greenland.
Subsection. 3. In connection with a decision to home so, see. Paragraph. 1
Greenland Government may decide that the hydropower plant to be transferred in full
operating condition, unless it is clear that such conditions would be
disproportionately onerous for exploitation authorization holder.
Subsection. 4. In the last 3 years before a hydropower plant must
revert to the Government of Greenland in accordance with this Act, has
Naalakkersuisut right to full and unfettered access to the hydropower plant and
related devices and to make necessary arrangements
to the preparation of the government of Greenland acquisition and ensure continued
continuous operation. This must be done without considerable inconvenience or expense for
holder of the exploitation license.
Subsection. 5. Home Falls hydroelectric facility not to Greenland,
, the holder of the exploitation license change direction and make

Shutdown of the hydropower plant in accordance with the Minister
relevant rules laid down and conditions specified in the authorization.
Subsection. 6. The Government may set specific permit conditions and
rules on reversion, including on the matters mentioned in paragraph. 1-5.
§ 16. All liens and charges, based on hydropower plant
lapse when the hydropower plant home falls under § 15 paragraph. 1.
§ 17. The Government may decide on the rent of a home
fallen hydropower. Bearings licensed for use by
provisions of this Act.

Chapter 6

Authority Treatment
§ 18. A permit for prospecting or exploitation
submitted to the Greenland Government.
Subsection. 2. The Government may determine that the activities covered by this Act
managed by one authority and within this framework
Greenland Parliament lay down detailed rules for the administration's pursuit.
Subsection. 3. The Government may, respecting the law, which
powers have been assigned to other authorities, regulating and
licensing conditions for conducting business and activities covered by
permits pursuant to the Act and outside covered by licenses | || areas as well as on other activities and conditions under the Act.
§ 19. Prior to granting authorization for prospecting
or exploitation there must have been subsided consultation. The consultation will include
:

1) Anyone who has an individual, significant interest in the outcome.

2) Employers 'organizations and workers' organizations and Greenland
associations and organizations which, by their statutes designed to
handle significant interests for social sustainability
environment or human rights.

3) Affected municipalities and authorities.
Subsection. 2. The Government must establish a deadline for submission of
consultation of at least 6 weeks.
§ 20. Applicants for authorization and license-holders
must notify Naalakkersuisut all information Naalakkersuisut consider
necessary regulatory approval pursuant to the Act, rules laid down
thereunder and conditions of the license.
Subsection. 2. The Government may establish rules for notification of
information, including rules on the information provided is not covered by the rules
for access.

Chapter 7

Supervision
§ 21. The Government shall supervise licensees
business under this Act and may issue orders on
compliance with the Greenland Parliament Act and the rules and conditions laid down under
Greenland Parliament Act.
Subsection. 2. The Government has without a court order and against proper identification
access to all parts of the business to the extent required
for the performance of supervision.
Subsection. 3. If the holder of the authorization is not within a set
reasonable time to comply with orders, the Greenland Government may carry these through for
holder's expense and risk.

Chapter 8

Other provisions
§ 22. Permit for prospecting or exploitation must
registered at the Court of Greenland.
Subsection. 2. Any transfer, directly or indirectly, by one
permit for prospecting or exploitation must be approved by
Naalakkersuisut. The Government may issue rightholder one
prior approval for a transfer on terms set by
Naalakkersuisut.
Subsection. 3. In connection with the approval of a transfer of a
hydropower license under subsection. 2 approves Naalakkersuisut also a transfer
licenses, etc. under the legislation on planning and land use for
areas and facilities, etc. covered by hydropower license. Greenland Government may
fastætte conditions for approval.
§ 23. A licensee is liable for the
general liability rules for damage caused by activity or
activities under the license, unless another law provides for a
higher responsibility.
Subsection. 2. The Government may establish licensing conditions that
licensee's liability to be covered by insurance or
some form of collateral.
Subsection. 3. The Government may provide that
liability of contractors, suppliers and service providers in the
extent their services are used for operations or activities covered by a
a license under this Act shall be covered by insurance
some form of collateral.
§ 24. Holders of exploitation license must perform the
necessary measures to counter unauthorized access
hydropower plant and to permit Dependencies, which is a special

Risk for people who frequent the area.

Chapter 9

Expropriation
§ 25. The Government is authorized through expropriation that
acquire property and rights, if deemed necessary for the implementation
of prospecting and exploitation of hydropower resources. The expropriation occurs
according to the regulations on expropriation.

Chapter 10
Penalties

§ 26. There may be imposed measures under the Criminal Code for the
that:

1) without authorization carry out activities covered by § 1

2) disregard rules of the Greenland Parliament Act,

3) disregards terms issued under the Greenland Parliament Act or
accordance with the provisions laid down in pursuance of the Act,

4) fails to comply with the obligations imposed pursuant to § 21, according to
provisions laid down in pursuance of the Act or under
permit conditions or

5) giving false or misleading information or fails
information that an authority is entitled under § 6, paragraph. 1, § 20 paragraph.
1, in accordance with the provisions laid down in pursuance of the Act or
according to license terms.
Subsection. 2. If the violation is committed by a company which is wholly or
partially owned by the Government of Greenland, a municipality or a municipal
Community, a public limited liability company, a cooperative society or the like, can
imposed on the company on which such liability. The same applies if
offense has been committed by the Government of Greenland, a municipality or a municipal
Community.
Subsection. 3. The provisions adopted pursuant to this
Greenland Parliament Act may provide that the violation of the provisions may
lead to sanctions under the Criminal Code or the imposition of a fine.
Subsection. 4. The rules laid down in pursuance of the Act,
can be provided that the rules infraction committed by a company that
wholly or partially owned by the State Government of Greenland, a municipality or a
municipal enterprise, a limited liability company, cooperative or
like, can lead to measures under criminal law, including fines and confiscation
. There may also be provided on the measure by
criminal law, including fines and confiscation for offenses committed by
Greenland, a municipality or a municipal community.
Subsection. 5. Penalties imposed accrue to the Treasury.
§ 27. Is there of an offense gained an economic advantage
confiscated this under the provisions of the Criminal Code for Greenland. Can not happen
confiscation should be taken separately into account in determining the fine.
Subsection. 2. The confiscation is done for the benefit of the Treasury.

Chapter 11

Commencement etc.
§ 28. The Greenland Parliament Act shall enter into force on 1 August 2014.
be repealed Parliament Act no. 12 of 1 December 2009 on the use of
hydropower resources for energy production.
Subsection. 2. Permit for prospecting or exploitation of
hydropower resources, which is under the Act, but granted
by Greenland Parliament Act enters into force shall remain valid and remain in force
for the notified period. They continue to be regulated under the hitherto
applicable law.

Greenland, June 8, 2014

Ms Hammond