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

Modified repeals, hovedlov replaces information

Repealed by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


Chapter 1

Scope


§ 1. The Greenland Parliament Act applies to the use of hydropower resources for energy production.

§ 2. The Greenland Parliament Act applies to hydropower resources with an estimated capacity of 1 megawatt (MW) or more.


Chapter 2

Feasibility studies and exploitation


§ 3. The Government of Greenland has exclusive rights for prospecting and exploitation of hydropower resources for energy production.

§ 4. The Government may grant a license for prospecting or exploitation of hydropower resources for energy production.
Subsection. 2. Permit for prospecting and exploitation of hydropower resources for the production of energy in connection with the exercise of mineralskeråstoffer granted by the Government of Greenland as part of the overall regulatory procedures related to these activities. However, the specific permission hydropower treated by this Act.
Subsection. 3. Company under license for prospecting or exploitation should be in accordance with this Act, in pursuance thereof defined conditions, at any time the legislation in force.
Subsection. 4. The Government may issue concurrent licenses under subsection. 1 to more applicants, if the individual applicants only expects to use a portion of the hydropower potential.

§ 5. Authorization for prospecting shall be granted for a particular hydropower resource with associated geographically defined territories and otherwise on terms established by the Greenland Government.
Subsection. 2. Authorization for prospecting shall be granted as an exclusive right for up to 3 years at a time.
Subsection. 3. If the rights holder for feasibility studies to implement it in the application described the project, the licensee will be approved for use if they are being required conditions are met. Rights holder must apply for an exploitation license later than 1 year after the expiry of the prospecting license.
Subsection. 4. Have licensee for feasibility studies not sought permission to use the latest one year after the expiry of the prospecting license, the Greenland Government may grant prospecting license to another company.

§ 6. The licensee shall, by the permission termination send all data provided by or collected as part of the feasibility study by a hydropower resource for the Greenland Government.
Subsection. 2. The data referred. Paragraphs. 1, is not publicly available for a period of 3 years after the expiration of definitive authorization for prospecting.
Subsection. 3. The data referred to. Paragraphs. 1, the request publicly available three years after the final maturity of the prospecting license without compensation to the holder of the prospecting license.

§ 7. Permission for use is granted for a particular 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 for the exploitation may be granted as an exclusive right for up to 40 years, see. However, § 10 paragraph. 2.
Subsection. 4. The period of exploitation license under subsection. 3 is determined based on the applicant's documented needs in temporal terms.


Chapter 3

Terms and Conditions



§ 8. Authorization for prospecting and exploitation can be communicated to the net controlled companies, limited companies and similar types of companies operating under license for prospecting and exploitation by this Act. Companies must be domiciled in Greenland.
Subsection 2. The Greenland Government may in the preliminary investigation period decide to waive the provision that the licensee must be based in Greenland.
Subsection. 3. The communicated exploitation license shall also be the owner of hydropower stations and all the associated facilities, including dams, canals, tunnels, reservoirs, pipelines, turbines, transmission lines etc. for use in the production of energy in accordance with the authorization granted . Exceptions are hydropower plant and associated facilities, which is rented by the PA.
Subsection. 4. Before prospecting and exploitation, and measures relating thereto are implemented, a plan for the company to be approved by the Greenland Government.


§ 9. The Greenland Government may lay down rules on terms of the license for prospecting and exploitation of hydropower resources for energy production. Greenland Government may lay down rules on excess production capacity, and the proportion that can be imposed devoted to the public network. The Government may also provide for arbitration.
Subsection. 2. Rules laid down under paragraph. 1 may be waived in connection with prospecting, exploration and exploitation of mineral resources. Hydropower Plant in connection with the exploitation of mineral resources approved by the Government of Greenland by the law underlying the grant of licenses for exploration and exploitation of mineral resources after the consent to the use of hydropower are granted pursuant to this Act. § 4 , PCS. 2.
Subsection. 3. The Greenland Government may lay down rules on respect to the payment of fees for any authority treatment associated with prospecting license or exploitation by this Act. The fee is determined by reference to the authority to processing lower of costs incurred, including costs to cover supervision and external assistance.
Subsection. 4. It provides a license to exploit the extent to which the licensee must pay taxes to the authorities. It may be stipulated to be paid an annual fee calculated on the amount of hydropower resources covered by the authorization. There may also be laid down for payment of a fee calculated on the basis of the actual utilization of hydropower or terms of payment of a share to the authorities of the proceeds of the activities under the license.
Subsection. 5. The Greenland Government may lay down rules on the circumstances under which a permit for prospecting or exploitation forfeited or may be revoked by the Greenland Government. The terms must appear in the actual license.




Chapter 4

Renegotiation of exploitation license


§ 10. When half of the period of the exploitation license has elapsed, the holder of the authorization and Naalakkersuisut initiate negotiations on the post-exploitation overstayers. However, should the negotiations not commence until there are 10 years to permit expires.
Subsection. 2. The Government may grant a license to use with up to another 20 years then the license can not be extended further. The Government may decide that the hydropower plant shall revert to the Government of Greenland.
Subsection. 3. If no agreement is reached on the post-exploitation overstayers, the Greenland Government may decide that the hydropower plant shall revert to the Government of Greenland, see. § 12 paragraph. 1.

§ 11. The Government of Greenland and the holder of the exploitation license may agree that the hydropower plant shall revert to the Government of Greenland prior to expiration of the period of authorization for the operation.


Chapter 5

Reversionary


§ 12. The Government may decide that the hydropower plant shall revert to the Government of Greenland at the end of the authorization for exploitation. Authorisation holder must then transfer the hydropower plant and all the related facilities, including dams, canals, tunnels, reservoirs, pipelines, turbines, transmission lines, infrastructure etc., as well as housing and equipment associated with the operation of the hydroelectric station to the Greenland Self with full ownership and free of charge .
Subsection. 2. reversionary interest established by licensing, see. § 7 shall be monitored by High Court of Greenland.
Subsection. 3. In connection with a decision to home so, see. Paragraph. 1, the 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. Ide last 3 years before a hydropower plant shall revert to the Government of Greenland in accordance with this Act, the Government of Greenland right to full and unfettered access to the hydropower plant and associated facilities and to make necessary arrangements for the preparation of the government of Greenland takeover and ensuring a remains continuous operation. This must be done without significant inconvenience or cost to the holder of the exploitation license.
Subsection. 5. Home Falls hydroelectric facility not to Greenland, the holder of the exploitation license change direction and shutdown of hydropower plant in accordance with the Minister established rules accordingly and conditions specified in the authorization.

§ 13. All liens and charges, based on hydropower plant falls away when the hydropower plant home falls under § 12 paragraph. 1.


§ 14. The Government may decide on the rent of a home dropped hydropower. Bearings licensed for use under the provisions of this Act.


Chapter 6

Authority Treatment


§ 15. Application for a permit for prospecting or exploitation shall be submitted to the Greenland Government.
Subsection. 2. The Government may determine that the activities covered by this Act are managed by one authority and within this framework Greenland Parliament lay down detailed rules for the administration's pursuit.

§ 16. Prior to granting authorization for prospecting or exploitation from the opinions of the municipalities concerned and the opinions of the relevant authorities. The Government should set a deadline for submitting the opinion of at least 4 weeks.

§ 17. Applicants for tilladelseog license-holders must notify Naalakkersuisut all information Naalakkersuisut deems necessary for regulatory approval pursuant to the Act, rules adopted pursuant thereto and the terms of the license.
Subsection. 2. The Government may lay down rules of message data, including rules about the information provided is not covered by rules on public access.


Chapter 7

Supervision


§ 18. The Government shall supervise the activities of licensees under this Act and may issue an order to comply with the Greenland Parliament Act and the rules and conditions laid down in pursuance of the Act. The cabinet has without a court order and with the proper identification to access all parts of the business to the extent required for the performance of supervision.
Subsection. 2. If the holder of the authorization is not within a reasonable deadline to comply with orders, the Greenland Government may carry these through the holder's expense and risk.




Chapter 8

Other provisions


§ 19. Permit for prospecting or exploitation shall be monitored by High Court of Greenland.
Subsection. 2. Any transfer, directly or indirectly, of a permit for prospecting or exploitation must be approved by the Greenland Government.
Subsection. 3. A permit for prospecting or exploitation can not be mortgaged or pledged as collateral or be subject to any form of debt enforcement.

§ 20. Proprietor of the license viewer liable under the general rules of compensation for damage caused by the activities covered by a permit for prospecting or exploitation, unless another law provides for a higher responsibility.
Subsection. 2. The permit for prospecting or exploitation may stipulate that the licensee's liability must be covered by insurance or other form of security.

§ 21. Holders of exploitation license to carry out appropriate measures to deal with unauthorized access to the hydropower plant and to permit Dependencies, presenting a particular risk for people who frequent the area.


Chapter 9

Expropriation


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


Chapter 10
Penalties



§ 23. There may be imposed measures under criminal law for the person who
1) without authorization carry out activities covered by § 1
2) disregards the conditions communicated in accordance with § 5, or rules laid down under Greenland Parliament Act,
3) fails to comply with the obligations imposed pursuant to § 18 or rules laid down in pursuance of the Act, or
4) giving false or misleading information or withhold information that an authority is entitled under § 6 pieces. 1, § 17 paragraph. 1, or in accordance with regulations established in pursuance of the Act.
PCS. 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 association, a limited liability company, a cooperative society or the like, can be imposed on the enterprise as such liability. The same applies if the violation is committed by the Government of Greenland, a municipality or a municipal community.
Subsection. 3. The rules laid down in pursuance of this Act may provide that the breach of the rules can lead to sanctions under the Criminal Code or fined.

Subsection. 4. The rules laid down in pursuance of the Act, it may be provided that the rules infraction committed by a company which is wholly or partially owned by the Government of Greenland, a municipality or a municipal association, a limited liability company, a cooperative society or the 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 of violations committed by the Government of Greenland, a municipality or a municipal community.
Subsection. 5. Penalties imposed accrue to the Treasury.

§ 24. Have the breach to achieve financial gain, confiscated this under the provisions of the Criminal Code for Greenland. Can confiscation is not possible, 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.


§ 25. The Greenland Parliament Act comes into force January 1, 2010
Subsection. 2. Permit for prospecting or exploitation of hydropower resources, which is under the Act, which have been forwarded by Greenland Parliament Act enters into force shall remain valid and remain in force for the stated period. They continue to be regulated under the existing law.




Greenland, December 1, 2009




Kleist
/
Jens B. Frederiksen