Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2009-04-17-19
Law on ports and waterways (Harbour Act).
LOV-2015-06-19-65 from 10/01/2015
Published in 2009 Booklet 4
17.04.2009 kl. 13.40
Chapter 1. Introductory provisions (§§ 1-6)
Chapter 2. Management Responsibility and authority under the Act, etc. (§§ 7-12)
Chapter 3. Use of waters. Navigation Guidance (§§ 13-25)
Chapter 4. Permits and requirements for measures etc.. (§§ 26-33)
Chapter 5. Dealing with accidents and other incidents in the waters (§§ 34-38)
Chapter 6. General rules on ports (§§ 39-43)
Chapter 7 . Port operations (§§ 44-51)
Chapter 8. Supervision etc.. (§§ 52-54)
Chapter 9. Recovery of requirement by law (§§ 55-56)
Chapter 10. Management measures (§§ 57-61)
Chapter 11. Criminal liability (L-62)
Chapter 12. Commencement and amendments to other laws (§§ 63-65)
Act title amended by Act 22 June 2012 no. 45 - Cf. Previous law June 8, 1984 no. 51. regarding ports and waterways etc.
Chapter 1. Introductory provisions
§ 1. Purpose The law should facilitate good maneuverability, safe travel and proper use and management of waters in accordance with the public interest and concern for fisheries and other industries.
The law should further facilitate the safe and efficient port operations as part of maritime transport and intermodal transport as well as for efficient and competitive maritime transport of passengers and goods in domestic and international transport network.
§ 2. Scope of the Act applies in this country, including in territorial waters and internal waters. For rivers and lakes this Act shall apply only insofar as they are navigable by ship from the sea. The Ministry may issue law, a further application for rivers and lakes than what follows from the second sentence.
Act applies to Svalbard and Jan Mayen to the extent decided by the King. The King may grant exemptions from the law and lay down such specific rules as local conditions warrant.
King in Council may decide that the Act shall wholly or partly apply in the Economic Zone and in areas of jurisdiction established under the Act of 17 December 1976 no. 91 on the Economic Zone.
Ministry may issue regulations on the sea and land and labor, plant and measures related to defense purposes are exempt from the law.
§ 3. Relationship to international law This Act applies to such limitations as are recognized in international law or of agreement with a foreign state.
§ 4. Definitions vessels meant in this Act any floating device can be used as means of transport, means of transport, lifting devices, refuges, manufacturing or storage place, including underwater vessels of every kind.
The harbor is in this law areas which are intended for vessels
To load or unload cargo or transport passengers as part of sea transport or other commercial activity,
Require landing and resting places, etc. in connection with the exercise of fisheries and aquaculture industry,
Otherwise need mooring or resting places or similar.
All areas that belong to or are functionally linked to the areas mentioned in the first sentence are also regarded as a harbor.
With port operations meant in this law services, exercise of authority and other government targeting vessels, cargo or passengers in port.
With port facilities meant in this law areas, buildings, facilities and other infrastructure used in port operations, including ports, terminal buildings, loading, unloading and reloading facilities and warehouse and administrative buildings.
With fairways meant in this law special traffic routes at sea determined pursuant to § 16
With waters meant in this law areas where vessels can travel and which is within the scope of the Act, cf. Provision in or pursuant § 2.
Ministry may by individual or issue further what should be covered by the definitions of this section.
§ 5. Duty to provide information and compile statistics Ministry may by individual or regulations require owners or users of vessels, owners or operators of port or port facility, private quay owners and users of ports to provide the authorities with the information necessary for use in transportation planning or traffic monitoring. The Ministry may order the owners or operators of port or port terminal to compile statistics for the same purpose.
§ 6. Fees for processing applications for permits etc. Ministry may establish fees for processing an application for permission or approval under the provisions of or pursuant to this Act.
Chapter 2. Management Responsibility and authority under the Act, etc.
§ 7. Management Responsibility and authority for law administrative responsibility and authority under this Act is vested in the Ministry, unless otherwise prescribed by provisions made in or pursuant to this Act.
Administrative responsibility and authority for the main leader and drainwire incumbent ministry.
For municipal management responsibility and authority, § 9.
§ 8. Delegation and transfer of authority King and the Ministry can delegate management responsibilities and powers under this Act to one or more municipalities.
King may decide that authority under this Act be transferred to state authority when the kingdom is at war or threat of war or national independence or security is at risk.
§ 9. The municipality's administrative responsibility and authority The municipality has management responsibilities and powers under this Act within the area where the municipality has planning authority under the Planning and Building Act, unless otherwise provided by provisions made in or pursuant to this Act.
Municipality shall ensure safety and accessibility in ports and in the municipality's sea area.
Ministry may issue regulations and take decisions on municipal management responsibilities and powers under this Act, including exemptions from or extension of municipal management responsibility and authority.
§ 10. Delegation of the municipal authority Agency under this Act rests with the local authority may be delegated to intermunicipal cooperation, cf. Act on 25 September 1992 no. 107 on local and regional authorities (Local Government Act), and the company established by law January 29, 1999 no. 6 on inter-municipal companies.
Ministry may by individual or regulations provide that a specified part of the municipality's authority under this Act may be delegated to private.
§ 11. Official Charts authority The authority decided by the King (the official hydrographic authority) issues or approves official nautical charts and nautical publications.
Ministry may issue regulations requiring permits, orders or other information relevant to safe navigation or passage shall be notified to the official charts Authority and whoever is the national coordinator for navigational warnings.
§ 12. Relationship to the Public Ministry appealed decision that is made by the municipality or by authority delegated by the municipality. The Ministry may lay down other appellate.
Chapter 3. Use of waters. Navigation Guidance
§ 13. Traffic Ministry may make individual or issue regulations concerning traffic, including whether
sailing rules, including rules on speed,
sea lanes, traffic separation and other routing measures,
ban on vessels or specific groups of vessels using certain waters or waters, or specific conditions for such use,
decree requiring vessels or specific groups of vessels shall use certain waters or waters.
§ 14. Use of waters If something else is not determined by or pursuant to this Act, the Authority may by law provide regulations on order in and use of waters when the interests of good maneuverability, safe travel and proper use and management of waters requires.
Ministry may issue regulations concerning the right to issue regulations under subsection and about the specific content of these, including deciding that such regulations should follow a specific template, and that they must be approved by the Ministry.
§ 15. Unimpeded traffic in waters etc. The authority under this Act shall ensure that traffic in waters not obstructed or impeded. The authority under the Act may decide cordoning off areas in the waters or on land when necessary for safety reasons.
§ 16 fairways and farledsnormal Ministry may by regulations prescribe fairways, including the fairways to be main fairway or biled. It can also set the second farledskategorier.
Ministry may issue regulations setting standards for fairways (farledsnormal), including requirements for the design, establishment, operation and maintenance, as well as requirements for navigational guidance, anchorages and ports of refuge.
The Ministry may issue regulations governing the access to use fairways except sea traffic.
§ 17. Traffic Exchanges Ministry may create traffic centers for monitoring and control of maritime traffic and other traffic, including the enforcement of our maritime rules, others traffic regulations and safety and emergency preparedness. Traffic control centers shall, where appropriate also provide navigation assistance and other nautical information to mariners.
Ministry may issue regulations concerning VTS the tasks, activities and authority.
§ 18. Obligation to report about hazards A master who observes hazards essential for the safe navigation or traffic shall immediately notify the nearby ship. The master shall also give such notice to the authority determined by the Ministry in regulations. People who observe danger of affecting the safe navigation or traffic shall notify the nearest police authority, unless such message seems clearly unnecessary. The Ministry may issue regulations with further provisions for notification and for the retransmission of message.
When national coordinator for navigational warnings received notification mentioned in the first paragraph, it shall promptly consider sending out the required navigational warning for the area.
For message Marine Casualty apply the Maritime Code § 475 and the Maritime Safety Act § 47
§ 19 Installations and equipment for navigation guidance Ministry oversees and administrative responsibility for lighthouses, beacons, waters signs and other installations and facilities which will provide navigation guidance or regulate traffic.
Lighthouses, beacons, waters signs and other installations and facilities which will provide navigation guidance or regulate traffic, can only be established, removed, relocated or changed after the decision or permission of the Ministry. The same applies to plants for traffic monitoring. May be laid down for such a permit after § 29
Ministry may order
setup, establishment and operation of facilities or facilities as mentioned in the second paragraph
removal, relocation or alteration of existing facilities or facilities as mentioned in the second paragraph
shielding, alteration or removal of light or other devices that may seem misleading for safe navigation or traffic.
Orders under subsection A may be directed to the person who owns or is responsible for the installation, construction or activities which endanger safe navigation or traffic or other reasons make it necessary to regulate traffic. Orders under subsection b and c can be directed to the person who owns or is responsible for that facility or facilities.
§ 20. Siting, design and technical requirements for installations and facilities for navigation guidance Ministry may make individual and issue regulations on technical requirements and use, design and location of lighthouses, beacons, waters signs and other installations and facilities which will provide navigation guidance or regulate traffic.
§ 21. unlawful use of facilities and equipment for navigation guidance No need without the permission of the Ministry using means or facilities to provide navigation guidance or regulate traffic, to anything other than the purpose of such a facility, etc., Or otherwise act in any way may prevent or impede such devices or systems to operate as intended, including moor in, remove, move, change or shielding device or facility. The same applies to piers, jetties or similar pilot boats.
§ 22. Obligation to report on arrivals and departures Ministry may make individual or issue regulations requiring seafarers and others will be required to report to state or municipal authority or the owners or operators of ports or port terminals. Ministry may issue regulations also stipulate restrictions on the right to enter a port by failure to fulfill the notification obligation under the first sentence.
§ 23. Coastal Tax Ministry may issue regulations stipulating that if a vessel is payable fee (coastal fee) to the state to cover government expenditure on farledsutbedringer, operation and maintenance of lights, marks and other navigational aids and istjeneste and about discounts for such fee .
Ministry may issue regulations requiring the owners or users of vessels to provide information, including presenting ship books to use when calculating the coastal fee.
Shipowner and the agent responds solidarity for fees under this section. It may be required, inter alia, as a condition for permission to use the services that the fees should cover, the shipowner or agent shall provide financial security for the payment of such fees.
§ 24. Security Fee Ministry may issue regulations providing that for vessels or specific groups of vessels fee shall be paid to the state for use of the fairway with traffic monitoring, etc. (Security fee), including about discounts for such charges.
The provisions of § 23 third paragraph applies correspondingly to security fee pursuant to subsection.
§ 25. Calls Fee municipality may issue regulations providing that for vessels calling at ports in the municipality, to be paid harbor dues to the municipality. Calls fee should only cover the municipality's costs upon exercise of public authority pursuant to this Act and regulations, as well as costs to facilitate security and accessibility in the municipality sea area, as far as such costs can not be covered by payment for services rendered in the port . The regulations may also be stipulated discounts.
Ministry may issue further regulations on the municipal administration of the fees mentioned in the first paragraph, including rules on what charges such a fee can cover. Ministry may issue regulations also array other frames for the specific content of regulations issued pursuant to the first paragraph.
Ministry may issue regulations providing that owners or operators of ports or port terminals shall levy port charges on behalf of the municipality for special compensation.
The provisions of § 23 third paragraph applies correspondingly to port fees under subsection.
Chapter 4. Permits and requirements for measures etc..
§ 26. General requirements for measures Measures that require a permit pursuant to this chapter shall be planned, implemented, operated and maintained in a way that promotes good maneuverability and safe travel in the waters as well as concern for human health, environment and material values, safeguarded in a prudent manner.
Ministry may issue further requirements for planning, implementation, operation and maintenance of the measures.
Ministry may issue regulations concerning the minimum allowable distance in height, width or depth for measures to curtail fairways.
§ 27. Measures that require a permit construction, excavation, filling and other measures that may affect safety or maneuverability in the municipality sea area requires permission from the municipality where the measure to be implemented. As measures considered among others mooring installations, docks, piers, bridges, overhead lines, elaboration, dumping, aquaculture facilities, circulation vessels, lamps, cables and pipes. The municipality can not issue permits for actions that conflict with provisions laid down in or pursuant to this Act.
Measures as mentioned in the first paragraph shall be implemented in main fairway or biled or otherwise outside the municipality's sea area, requiring instead a permit from the Ministry. The same applies to measures to be implemented within the municipality's sea area, but that may affect safety or negotiability in main fairway or biled.
Ministry may issue regulations specifying what kind of measures that are covered by the various parts of this section and may further provide that certain types of measures covered by this subsection, instead requires permission of the Ministry. The Ministry may also in each case decide that a measure that is covered by the first paragraph, instead requiring a permit from the Ministry.
Ministry may also issue regulations that certain types of measures should be exempt from the requirements for a permit under this section, if the measure is notified to the competent authority under the law within a specified period before the measure is implemented. The Ministry may also by individual exempt a measure to the authorization requirement under this section, the action has been notified to the competent authority under the law within a reasonable time.
§ 28. Measures of importance for the Armed Forces or NCA plant construction, excavation, filling or other measures that may be of importance for the Armed Forces or NCA facilities, installations or operations, requires authorization by the Ministry. If there is doubt whether the measure is covered by the first sentence, the matter shall be submitted to the Ministry for decision.
§ 29. Terms of permit In determining the conditions in individual decision under this section shall be given to achieving good traction and safe travel in the waters, consideration of other industries, as well as considerations of life and health, property and the environment. It may, inter alia, be laid down regarding
studies, including the effects of the measure,
execution, including equipment and dimensioning,
removal and cleanup.
The decision may stipulate that anyone who gets a permit, or in whose interest a decision to be made, to cover the costs of fulfilling conditions mentioned in the first paragraph.
In permit for a project that may cause significant inconvenience for other use and exploitation of waters, it can be made a condition that the developer should facilitate such use and exploitation elsewhere, or shall provide subsidies for this purpose, or that the developer regardless of fault shall compensate for damage and loss of other components etc. used in other commercial activities in the waters, such as fishing gear. The liability may be reduced or remitted if the developer demonstrates that the damage was caused by gross negligence of the claimant.
§ 30. Protection of specific areas Ministry may by regulations or individual decisions in specific areas prohibit or set conditions for the implementation of measures if this is necessary to preserve specific areas of particular value for marine biodiversity.
§ 31. Loss of license A license lapses if the work of a measure is not commenced within three years after the permit was issued. The same applies if the work of the action is set in more than two years. The authority has given permission, extend the time limit once by up to three years.
§ 32. Coordination of authority authority under this Act and the municipality as the planning and building authority is obliged to make an effective and coordinated processing of applications for permission.
Permission for action under this chapter may not be granted in violation of the approved land use plans under the Planning and Building Act without an exemption from the relevant planning and building authority.
In cases that fall under the law on aquaculture of 17 June 2005 no. 79 on Aquaculture (Aquaculture Act), the Ministry may fully or partially delegate authority under this chapter to the Directorate of Fisheries or other public authority.
§ 33. Imposition of investigation before a decision can be taken before the municipality or Ministry makes a decision according to § 27 and § 28 can the developer be required to make and pay for such investigations as are necessary to clarify the consequences of implementing the measure. The order must be reasonable in relation to the importance it has for respectively the municipality or the Ministry to clarify the possible consequences of the measure.
Ministry may issue regulations about what kind of investigations that are regarded as necessary examinations under subsection.
Chapter 5. Dealing with accidents and other incidents in the waters
§ 34. Prohibition to cause danger, damage or inconvenience in the waters No need in waters or in port use or leave vessels, vehicles or other objects so that there is a danger, damage or inconvenience to navigation or transport in the waters or in the harbor, or for other uses of the waters, unless otherwise prescribed by regulation or license granted by or pursuant to this Act.
If vessels, vehicles or other objects used or left in contravention of subsection, the person responsible shall take measures to reduce or prevent such danger, damage or inconvenience as mentioned there. In the event of such damage or inconvenience, the person responsible immediately take steps to stop, remove or mitigate the effects of damage or inconvenience. The obligation under this clause applies to measures that are reasonable in relation to the risks, damages or disadvantages that must be prevented or reduced.
Authority under this Act may order the person responsible to take measures as mentioned in subsection within a specified time limit. This does not apply when the Ministry exercises authority pursuant to § 38
As responsible under this section shall also be as was the registered owner or the owner of the vessel, vehicle or object at the time the vessel mv. was utilized or left in contravention of subsection or registered owner or the owner at the time it is given an order pursuant to subsection.
§ 35. Wreck Removal etc. The authority under the Act may order that the person responsible for the vessel, vehicle or object that has sunk, stranded, abandoned or shelved, to clean up or remove the vessel mv. within a specified time limit when the interests of good maneuverability, safe travel or consideration for other use or management of waters requires. If the order under the first sentence is not complied with within the time limit, the responsible instead ordered to pay the reasonable expenses which some have had to cleanup or removal.
As responsible under this provision shall also be as was the registered owner or the owner of the vessel, vehicle or object at the time the vessel mv. sank, stranded, abandoned or dismissed, or at the time the order is issued.
Under subsection apply measures that are in reasonable proportion to the damage and inconvenience to be avoided.
§ 36. Direct execution Becomes an order pursuant to § 34 or § 35 not complied with by the responsible, the authority under the Act provide for implementing measures. The authority under the Act, irrespective of whether an order is given provide promptly to get implemented measures when required for safety reasons or maneuverability in the waters.
When implementing measures under the first paragraph the competent authority under the law to make use of the controller's property even though this may lead to damage and inconvenience. If necessary, the Authority may request the assistance of police.
Ministry may issue regulations concerning the implementation of measures under the first paragraph.
Authority under the Act may require that the person responsible covers expenses, damages and losses arising from the actions implemented under the first paragraph.
§ 37. Use of a third person's property by implementing measures In direct implementation of measures under § 36 the authorities may make use of a third party's property, provided this is necessary to ensure the safety or maneuverability in the waters, and that the contemplated achieved by measures, clearly outweighs the damages and disadvantages that measures can inflict third person.
Third person may claim compensation for damage as mentioned in the first paragraph of the authority that has implemented measures.
§ 38. Measures affecting vessel in danger Ministry may order the owner, shipowner or operator of the vessel has run aground or sunk, or who for other reasons are stranded or are in danger of breakdown, or otherwise threaten the security of waters, to take action to avert an emergency situation and secure the vessel when the ministry considers the measure is required to
prevent loss of life or injury to persons, the environment or property,
ensure safety and mobility in the waters.
Order may inter alia go out on the vessel to change course, change speed, anchor, nødlosse, take tow aboard or obtain necessary assistance from salvage company.
If a vessel is towed on the basis of a tow or salvage agreement, the Ministry may order as mentioned in the first paragraph to the Deputy vessels.
If an order under the first or second paragraph are not complied with, or issuance of such an order may result in appropriate action is delayed, the Ministry may make to implement the necessary measures. If necessary, the Ministry may request assistance from the police.
Duties to perform actions after the first paragraph and the Ministry the right to take action under the third paragraph also applies in cases where the project may result in damage to the vessel or items on board or result in losses for the owner, shipowner or cargo owners. The master and crew may be required to assist the implementation of measures pursuant to this section.
Expenses, damages and losses arising from the measures taken by the third paragraph, may be claimed from the vessel's owner or the company.
At the risk of acute pollution comes Pollution Act.
Ministry may issue regulations implementing the provisions of this section.
Chapter 6. General rules on ports
§ 39. Right to use port owners and operators of ports and port terminals are obliged to receive vessels to the extent that space conditions allow, and the vessel is not unreasonable prejudice to the owner requiring the use of the harbor or others secured the right to use the port. Owners and operators of ports and port terminals may impose restrictions on the right to enter a port, for reasons of safety, environment and fishing industry.
Obligation to receive vessels under subsection does not apply to private ports that do not offer calls and services other than the owners of the harbor. Ministry may however in special cases by individual decision or regulations prescribe that such ports will be used by other users with a compelling need for the port and transport services port can offer, provided that the use will not cause unreasonable prejudice to the owner requiring use of the port or other secured the right to use the port.
Ministry may by individual or issue regulations on the duty to receive vessels under subsection.
§ 40. Operation and maintenance of harbor etc. Owners of ports and port terminals shall ensure that port facilities operated and maintained so that users' needs for port and transportation in the port are covered in a safe and efficient manner.
Ministry may make individual and issue regulations concerning
how port facilities should be operated and maintained to meet the requirements of subsection
how loading, unloading, storing and transporting goods to take place,
tasks that otherwise can be performed by the port facilities,
Use of ports, and the use of sea areas adjacent to the ports for specific groups of vessels,
how business should be adapted to needs related to intermodal transport.
Municipality where the port is located shall ensure that port facilities and personal property used in port operations, is in proper condition. The municipality may order proper reconditioning or disposal of movable and port facilities referred to in the first sentence.
§ 41. Ports with passenger Owners of ports and port terminals whose passenger traffic should ensure that they operate in a manner that ensures safety for life and health. Terminal buildings shall be properly equipped.
Ministry may issue regulations on the handling of passenger traffic in the harbor, including requirements regarding terminal.
§ 42. Use of port If something else is not determined by or pursuant to this Act, the municipality may issue regulations on order in and use of the port when the interests of efficient and safe port operations require.
Ministry may issue regulations concerning the right to issue regulations under subsection and about the specific content of these, including deciding that such regulations should follow a specific template, and further that they be approved by the Ministry.
The provisions of § 27 that certain measures require authorization from the municipality, apply correspondingly to circulation in the harbor.
The offering port and transport services determines the price and other terms of business. The Ministry may lay down principles for determining the price.
Ministry may in regulations provide that the offering port and transport services, shall prepare and publish an overview of current regulations, price and other information that may be of importance to the user or staying in port.
Ministry may on application from a municipality authorize the municipality covers the costs and expenses to the municipal port operations through harbor dues. The Ministry may issue further regulations on the design of harbor dues.
§ 43. Security security measures in ports and port terminals Owners and operators of ports and port facilities covered by the regulations referred to in the second paragraph shall take the measures required to prevent and prevent terrorist acts and other willful, unlawful acts directed toward the port, port terminal, or vessels using the port or port terminal.
Ministry may issue regulations on protective security measures in ports and port terminals, including whether
which ports and port terminals shall be comprised of rules,
obligation for owners and operators of ports and port terminals to conduct a vulnerability assessment,
obligation for owners and operators of ports and port terminals to have an approved security plan,
inspections by national or international authorities,
obligation for owners and operators of ports and port terminals to appoint and train special personnel responsible for the Security,
ban on the use of waters (safety zone)
permitted to undertake inspection and possibly expulsion, of people, vehicles and objects which are or will enter the port or port terminal,
issuance and form of identification documents,
right to prohibit a vessel to go to the port or port terminal, impose a vessel to leave the port or port terminal or determine other appropriate action against a vessel and
closure of ports or port terminals.
Chapter 7. Port Operations
§ 44. Chapter Scope This chapter applies to ports that are wholly or partly owned or operated by one or more municipalities, or of enterprises owned by one or more municipalities, when otherwise not stated in the individual provision.
Rules on port capital does not apply to ports at the time the law comes into force, do not have personal wealth under § 47 first paragraph a. The ministry may nonetheless decisions impose such ports to observe the rules of the port capital if the port is or becomes a gateway with significance outside their own municipality.
Ministry may issue further regulations to supplement or delimit the provisions of this chapter.
§ 45. General rules municipality may choose organizational form for their own ports, including establishing enterprises to conduct business in the port, unless otherwise provided by § 46
Municipalities and private participation in enterprises whose purpose is investment, development and operation of the port.
Ministry may issue further regulations on the organization and management of ports and port activities.
§ 46. Requirements for designated ports Ministry appoints ports that are particularly important to develop effective and safe maritime transport of people and goods. The Ministry may by individual or issue further requirements for such ports, including requirements concerning organization, cooperation with other ports and representation in the airport's governing bodies. In assessing whether a port shall be appointed by the first sentence shall be given to the scope of operations in the harbor and the port and transport services offered, including freight volume, organization and cooperation with other ports as well as the airport's social significance. Ports with state and private owners may also be appointed.
Designated ports under subsection shall prepare a plan meeting the requirements to land access and efficiency that is required operatively transportation hub. The plan must follow the requirements for rollover as municipal.
§ 47. The port assets in municipal harbors to the harbor capital hear
asset pool that belongs to the port checkout when this law enters into force,
revenue from services and benefits related to port operations and port fees,
values which take the place of values included in the letter a or b and
revenues and returns the rest of values referred to in subparagraph a, b or c.
Port assets to be held accounting separate from the municipality's other assets. For port activities not covered by § 1-2 of the Act of 17 July 1998 no. 56 on financial statements etc. (Accounting) or by special accounting rules established by or pursuant to the law on 25 September 1992 no. 107 on local and regional authorities (Local Government Act) or other legislation shall be prepared income statement and annual report pursuant to the Accounting Act, unless the regulations laid down by Ministry exception is made from this requirement.
Port capital may be used for investment in firms mentioned in § 45 second paragraph. Shareholding acquired by such an investment and the return of this is included in the port capital.
§ 48. Management of the port capital Port capital may not be used for purposes other than port activities, including operation, maintenance, repair, construction and development, as well as the exercise of public authority under the provisions of or pursuant to this Act and facilitation of security and accessibility the municipality's coastal waters. Profit may make provision for future development and investment in port operations.
Ministry may by individual or regulations prescribe what port capital can be used. Ministry may challenge the legality of a municipality's decision or other disposition of the harbor capital. If a decision or other disposition of the waterfront capital is considered illegal, the Ministry may take management measures to the municipality.
Ministry may in special cases and on terms to authorize the funds belonging to the port capital, being invested in projects or business for purposes other than those mentioned in the first paragraph. Such an investment and the return of this is contained in the port capital, unless the Ministry by decision stipulates otherwise.
§ 49. Financial management in ports organized as a limited company or inter-municipal company. Provision of corporate funds When port assets is invested in companies mentioned in § 45 second paragraph, which is organized as a limited company or inter-municipal company, dividend distribution and other use of company funds are not made until after it is made necessary provisions for maintenance , new facilities, future development and investments in port operations. The Ministry may, within the limits imposed by the Act 13 June 1997 no. 44 on corporations (Act), Act of 13 June 1997. 45 on Public (Companies Act) or Act on 29 January 1999 no. 6 on intermunicipal companies regulation issue detailed rules on how the distribution and other use of the company's assets, including dividends, to be conducted and how funds will be used. The regulations may make exceptions from the provisions of § 47 subsections and § 48 first paragraph.
Ministry may order that funds are paid from the company in violation of the provisions laid down in or pursuant to the first paragraph, shall be returned to the company.
§ 50. Exemption from the rules on port capital Ministry may on application from a municipality decide that a port be completely or partially granted exemption from the rules on port capital in this chapter. In deciding whether an exemption should be granted, emphasis shall be placed on transport issues and commercial and environmental consequences. The first sentence does not apply to ports which are gateway with significant impact outside the municipality.
By exemption under subsection shall as a rule be imposed on the use of the port capital of Port activities, participation in inter-municipal cooperation harbor or on the use of the port capital for other purposes which promotes maritime transport. The Ministry may in special cases grant permission for all or part of the port capital used for charitable purposes.
Ministry shall hear relevant organizations and agencies before it decides whether the exemption.
Commune application for exemption under subsection shall describe how land, properties and other assets included in the port capital, conceivably predisposed.
§ 51. Particulars on state harbors Ministry may by individual or regulations provide that the breakwaters, jetties and other port facilities etc.. that are built or financed with state funds, to be used for specific purposes.
If the municipality adopts the state piers, jetties and other port facilities etc.., The Ministry may order the municipality to take charge of operation and maintenance resulting from its use.
Chapter 8. Supervision etc..
§ 52. Supervision Ministry determines who is the supervisory authority under this Act. The supervisory authority shall supervise compliance with the provisions of and pursuant to this Act are complied with. The Ministry may issue further regulations on the organization, implementation and appraisal of the supervisory tasks.
The Ministry supervises the municipality's obligations under § 15 first paragraph, first sentence, § 40, third paragraph, § 47, second paragraph, § 48 first paragraph and § 51 subsection. Authority is subject to the law on 25 September 1992 no. 107 on local and regional authorities (Local Government Act) Chapter 10A.
§ 53. Right to information and investigation authority that performs supervision in accordance with § 52 shall have unrestricted access to ports, waters and measures in these waters, as far as is necessary for the conduct of the audit.
Supervisory authority may require any person engaged in activities covered by this law, to submit information, documents or other materials of significance for audit. When there are special reasons, other than a person mentioned in the first sentence, ordered to submit for audit such information etc. as mentioned there. The obligation to disclose such information, etc. applies only insofar as their professional secrecy is not to prevent the information submitted to the supervisory authority.
Ministry may issue regulations on the surveillance and the obligation to contribute, including that self-reporting can take the place of supervision.
§ 54. Charge for control and supervision Ministry may issue regulations on fees for controls and audits conducted to ensure that the Act or decisions pursuant thereto are followed.
Chapter 9. Recovery of claims by law
§ 55. Recovery of fees and duties payable fee and fee determined pursuant to §§ 6, 23, 24, 25, 42 sixth paragraph and 54 are enforceable by execution.
Claims state or a municipality has the shipowner respectively §§ 23 and 24 or §§ 25 and 42 sixth paragraph of this law, has a lien on the ship under the rules governing maritime liens in the Act of 24 June 1994 no. 39 on shipping (Maritime Code).
By delayed payment of fees and duties pursuant to §§ 6, 23, 24, 25, 42 sixth paragraph and 54 levied on arrears by the Act of 17 December 1976 no. 100 relating to interest on overdue payments
§ 56. Mortgage right for claims by direct implementation and measures against vessels in danger Claims authority under the Act against the shipowner in respect of expenses, damages and losses incurred in the implementation of measures referred to in § 36 and § 38, has a lien in ship and cargo by provisions on maritime liens in the Act of 24 June 1994 no. 39 on maritime (Maritime Code).
Chapter 10. Management measures
§ 57. Orders to rectify and punching authority under the Act may order the person responsible to remedy or stop conditions that are contrary to the provisions or decisions issued in or pursuant to law. When completing an order, the Authority shall set a deadline for compliance and disclose that decision may be followed up with fines that can have the effect of an enforceable judgment, coercive or amendment and revocation of a license.
If necessary authority under the law to ask for assistance from the police for carrying out the order pursuant to subsection.
§ 58. Writ concerning the obligation to comply with orders or prohibitions authority under the Act may issue a writ against him that within the deadline fails to comply with orders or prohibitions issued pursuant to this Act. The writ shall provide information concerning the provisions of subsections and shall, as far as possible, be served on it is aimed at.
Whoever writ is directed, may bring proceedings against the government to have the writ tested. If legal proceedings are not brought within 30 days from the proclamation, the writ same effect as an enforceable judgment and enforceable under the rules for the judge.
Writ can not be appealed.
§ 59. Enforcement If an order in enforceable judgment or equal fines not complied with, the competent authority may by law provide that the order executed on behalf of whoever judgment or writ is aimed at without it being necessary ruling by the Enforcement Act § 13 -14.
By imminent danger may order enforced under the provisions of the Enforcement Act § 13-14 without a judgment or penalty notice is required.
§ 60. Coercive fines To ensure that the provisions of this Act or decisions pursuant to this Act, the Authority may by law impose coercive fines accruing to the competent authority.
Coercive fine may be imposed when a determination is detected. Coercive begins to run if the person responsible fails to meet the deadline for rectifying the situation which the authority under the Act. A coercive fine may be imposed in advance if there are special reasons, shall become effective from any contravention. It may be determined that the coercive fine run as long as the unlawful situation persists, or that it is payable for each violation. Coercive fine does not apply if compliance is impossible due to circumstances not attributable to the person responsible. Coercive fines may be imposed as a daily fine or even fines.
Coercive fines imposed on the person responsible for the infringement. If the contravention occurred on behalf of a company or other association, a foundation or a public body, the coercive fine shall generally be imposed. Are fines imposed on a company as part of a group, accrued amounts thereof may also be recovered from the parent company.
Are more responsible for decisions on fines, booklets they jointly and severally for payment of the periodic penalty payment. Imposition of fines is enforceable by execution. The Ministry may waive accrued penalties.
Ministry may issue further provisions on fines, including the coercive size and duration, the imposition of coercive and waiver of accrued amounts.
§ 61. Amendment and revocation of license, etc.. The authority under the law can repeal or amend the terms of a permit under this Act or by regulations made under the Act, or impose new conditions, and if necessary, revoke the permit if
it turns out that security or maneuverability is significantly worse than what was expected when the license was granted,
damage or inconvenience of the permit can be reduced without significant cost to the licensee,
there is gross or repeated violation of provisions made in or pursuant to this Act,
licensee fails to comply with an order pursuant to § 57,
it otherwise follows from otherwise applicable conversion rules.
Amendment and revocation of a license under subsection can be time-limited. Limited Time amendment and revocation may be conditional on certain conditions be repaired or changed.
In making decisions under this section shall be taken of the financial loss and inconvenience it must be expected that an amendment or revocation will apply the licensee, and the advantages and disadvantages that alteration or withdrawal will entail.
Ministry may issue further provisions on amendment and revocation of permits and approvals.
Chapter 11. Criminal liability
§ 62. Criminal liability With fines or imprisonment not exceeding six months or both, anyone who willfully or negligently
violates an individual or regulations issued pursuant to § 13 subsection
not comply with an order issued pursuant to § 34 subsection or § 38 first paragraph and third paragraph, second sentence,
substantially violates § 19, second paragraph, first and second sentence, § 21, § 27 first paragraph and second paragraph, § 28, first paragraph, first sentence, § 34 subsections, 41, first paragraph, or § 43 subsection
substantially violates the obligation under § 40 first paragraph to ensure that port facilities operated and maintained so that users' needs for port and transportation in the port are covered securely,
materially violates an individual or regulations issued pursuant to § 14 first paragraph, § 35, first paragraph, first sentence, or § 42 first paragraph, first sentence,
substantially violates the terms stipulated in accordance with § 19, second paragraph, third sentence, or § 29
In determining whether an offense is considerably after the first paragraph shall give special consideration to the scope and effects of the violation and the degree of guilt.
Have an offense mentioned in subsection meant that it has been caused or threat of material injury to life or health, imprisonment up to 2 years may be imposed.
Attempts offense is only punishable when the offense, if the offense had been completed, would result in the circumstances stated in the third paragraph.
When the above is determined that a violation of regulations issued pursuant to the law can be punished, this only applies when the regulations stipulated that such a violation of the relevant provision is punishable.
Chapter 12. Commencement and amendments to other laws
§ 63. Commencement This Act applies when the King bestemmer.1 King may decide that different provisions shall enter into force at different times. Provisions are put into effect pursuant to the first sentence, prevails over the provisions of Law 8 June 1984 No.. 51 on ports and waterways etc.
Law 8 June 1984 No.. 51 on ports and waterways etc. is repealed by the King decide. The King may decide that different provisions shall be repealed at different times.
§ 64. Transitional provisions Regulations issued pursuant to Law 8 June 1984 No.. 51 on ports and waterways, etc. apply after the Act has come into force.
King may issue regulations on the transitional rules.
§ 65. Amendments to other Acts From the time this Act comes into force, the following amendments to other Acts - - -
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