Law On Aquaculture (Aquaculture Act)

Original Language Title: Lov om akvakultur (akvakulturloven)

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Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2005-06-17-79

Law on Aquaculture (Aquaculture Act).


Date LOV-2005-06-17-79


Ministry of Industry and Ministry of Fisheries

Edited

LOV-2015-06-19-65 from 10/01/2015


Published in 2005 Booklet 8


Commencement 01.01.2006

Changes

LOV-1985-06-14-68, LAW-2000-12-21-118

Promulgated
17.06.2005

Short Title
Aquaculture Act

Chapter Overview:

Chapter I. Purpose and scope (§§ 1-3)
Chapter II. Aquaculture Permit (§§ 4-9)
Chapter III. Environmental considerations (§§ 10-14)
Chapter IV. Area Utilization (§§ 15-17)
Chapter V. Registration, transfer and pledging of aquaculture license (§§ 18-20)
Chapter VI. General requirements and obligations (§§ 21-26)
Chapter VII. Sanctions and penalties for infringements (§§ 27-31 a)
Chapter VIII. Final provisions (§§ 32-36)

Chapter I. Purpose and scope

§ 1. Purpose The law shall promote the aquaculture industry profitability and competitiveness within the framework of sustainable development and contribute to wealth creation on the coast.

§ 2. Substantive scope This Act applies to the production of aquatic organisms (aquaculture). With aquatic organisms understood aquatic animals and plants. As production is considered any action to affect aquatic organisms weight, size, number, characteristics or quality. In cases of doubt the Ministry of decisions or regulations determine what is considered as aquaculture.
Act also applies to equipment intended for aquaculture, including facilities without aquatic organisms.
Act § 12 and Chapter VI to VIII also applies to manufacturing and services to the aquaculture industry.
Ministry may issue regulations providing that activities mentioned in subsections not to be covered by all or part of the law.
Production of anadromous salmonids and freshwater fish to cultivation purposes regulated by the Act on 15 May 1992 no. 47 on salmonids and freshwater fish, etc.

§ 3. Geographical scope This Act applies:

A)
on the land territory and territorial waters,

B)
in areas of jurisdiction established under the Act of 17 December 1976 no. 91 on the Economic Zone, and

C)
on the continental shelf.

Act does not apply on Svalbard and Jan Mayen. The King may issue regulations that the law completely or partly apply on Svalbard and Jan Mayen and may issue further provisions in the interests of the local conditions, including provisions that deviate from the provisions of this Act.

Chapter II. Aquaculture Permit

§ 4. Requirements for an aquaculture license Ministry may grant permission to engage in aquaculture (aquaculture license) pursuant to §§ 6 and 7. Such authorization may also be acquired by transfer under § 19.
No one can engage in aquaculture without being registered holder of an aquaculture license in aquaculture register, cf. § 18 first paragraph.

§ 5. Akvakulturtillatelsens content Aquaculture permit entitles the production of certain species in certain geographical areas (sites), with the current determined limitations of the permit scope.
Ministry may decisions or regulations make further provisions on the contents of aquaculture licenses, including the scope, limitation in time etc.

§ 6. General Conditions for granting aquaculture license Ministry may grant permission to aquaculture if:

A)
it is environmentally safe,

B)
requirements of § 15 of relations with land use planning and protection measures are met,

C)
balance of acreage interests pursuant to § 16 are made, and

D)
been granted permits required by:

-
Law 19 December 2003 no. 124 of food production and food safety,

-
Law 13 March 1981. 6 concerning protection against pollution and concerning waste,

-
Law on 17 April 2009 No.. 19 on ports and waterways, and

-
Law 24 November 2000 no. 82 on waterways and groundwater.

Ministry may issue further provisions on the granting of an aquaculture license, including requirements for application and criteria for the granting of applications and make further provisions regarding which applications will be considered by the counties.
Ministry may issue further provisions on full or partial stoppage in the allocation of certain species in certain time periods or geographical areas, including that applications should be processed in licensing rounds at specific times.

§ 7. Especially for an aquaculture license for salmon, trout and rainbow trout for granting a license for the production of salmon, trout and rainbow trout Ministry may issue regulations concerning:

A)
number of licenses to be awarded:

B)
geographical distribution of permits,

C)
priority criteria,

D)
selection of qualified applicants in accordance with the priority criteria in subparagraph c, including withdrawal etc., And

E)

Consideration for the granting of authorizations.

Ministry may issue further provisions concerning compensation for extension of current permission.
Ministry may by regulation determine what proportion of production capacity a company can control, including the conditions that will apply to the control of a given percentage, etc.
King may by regulations make provision for adjustment of production of salmon, trout and rainbow trout.

§ 8. Coordination in matters concerning the establishment of aquaculture authorities under this Act, the laws mentioned in § 6 subsection d and municipality, including as planning and building authority is obliged to make an effective and coordinated applications.
Ministry may issue further provisions on the coordination of the processing of applications, including set deadlines for processing applications.

§ 9. Amendment and withdrawal of an aquaculture license Ministry may amend or withdraw aquaculture permit:

A)
if this is necessary in the interests of the environment,

B)
if the key assumptions underlying the license is changed,

C)
through gross or repeated violation of provisions made in or pursuant to this Act,

D)
if the authorization is not used or only used to a limited extent, or

E)
if one or more necessary permits issued pursuant to the laws mentioned in § 6 subsection d lapsed.

Amendment and withdrawal of authorization pursuant to subsection may be time-limited. Timed change or cancellation may be made conditional on certain conditions be repaired or changed.
Ministry may issue further regulations amending and withdrawal of aquaculture licenses.

Chapter III. Environmental considerations

§ 10. Environmental Norm Aquaculture be established, operated and liquidated in an environmentally responsible manner.
Ministry may decisions or regulations make further provisions to ensure environmentally responsible aquaculture, including requirements for preventive measures, require labeling of aquatic organisms, use of aquatic organisms that can multiply and use of alien species.

§ 11. Environmental Monitoring Ministry may decisions or regulations require that the person or applying for an aquaculture license shall make or funding the necessary environmental studies to document the state of the environment within the site's influence in the establishment, operation and decommissioning of aquaculture.
Environmental Studies under this provision may include research to clarify whether and how aquaculture operations causes, has caused or may cause environmental impact.
Ministry may issue regulations relating to fees and fee for the completion of environmental studies under the auspices of the public. Unpaid fee and fee is enforceable by execution.

§ 12. Requirements for goods and service producers, facilities, equipment, etc.. Commodity and service manufacturers for the aquaculture industry to perform their assignments and services in an environmentally responsible manner. The Ministry may issue further regulations to ensure proper implementation of the activities performed by the goods and service producers.
Devices and equipment used for activities covered by this Act shall be properly designed, have sound characteristics and used with due care.
Ministry may issue regulations relating to the manufacture, use and characteristics of devices and equipment mentioned in the second paragraph, and determine the approval and certification schemes.

§ 13. Clean-up and recapture duty Operators of aquaculture should by fully or partially cessation of production done at the site and adjacent areas, including the removal of organisms, installations and equipment, etc..
Ministry may decisions or regulations make provision that the operator of aquaculture have a duty to recapture the deferred nature.
Ministry may issue regulations concerning the obligation to provide security for cleanup and recapture obligation under the first and second paragraphs.
Ministry may issue regulations concerning tax scheme to ensure implementation of the cleanup and the duty to recover. Prescribed fee is enforceable by execution.

§ 13a. Shared Responsibility for removal of escaped organisms Holder aquaculture license is obliged to participate in an association created by the Ministry and paying fees to the association.

Association shall, subject to the limitations specified in the regulations, to cover expenses the public or private have with the removal of organisms that have escaped or otherwise undesirable manner has spread from the Aquaculture. The association will also cover the cost of removal of organisms that license holder is required to pay pursuant to § 13, if the person responsible is unknown. If the escaped aquatic organism can be traced to a holder of an aquaculture license, may group, claim reimbursement from the responsible party.
Holders of aquaculture license corresponding one for all and all for one on an objective basis for the association ingens expenses.
Ministry may issue further provisions on the association Commencement, organization and operations, including the exemption from membership, annual fee for participation in the group and additional payments, limitations of liability under the second and third paragraphs and payment.
Missing payment of fee for participation in the association is enforceable by execution.

§ 14. Protection of specific areas Ministry may prohibit enforce relocation or put other conditions for aquaculture, if this is necessary to preserve areas of particular value for aquatic organisms.

Chapter IV. Area Utilization

§ 15. Relations with land use plans and precautions Permission for aquaculture can not be granted in contravention of:

A)
adopted land use plans under the Planning and Building Act,

B)
adopted protective measures pursuant to Chapter V of the Act of 19 June 2009 no. 100 on the management of biodiversity, or

C)
adopted protective measures by the Act of 9 June 1978 No.. 50 on Cultural Heritage.

Permission for aquaculture may still be granted if there is consent of the planning or conservation authority.

§ 16. Interest weighting by land use for aquaculture Ministry will undertake a balancing of land interests when locating sites for aquaculture. It will emphasize on:

A)
applicant's need for land for planned aquaculture production,

B)
alternative use of the site to another aquaculture

C)
other uses of the area, and

D)
protective interests not covered by § 15 letter b and c.

Ministry may issue further provisions on the use and location of sites for aquaculture.
Ministry may issue further provisions on imposing the relocation of aquaculture facilities within a defined geographical area if the overall social and economic considerations, including consideration of fish health and the environment dictates this. The Ministry may also issue regulations containing further provisions on procedures for the initiation and implementation of processes aimed at relocation, including principles to cover costs.

§ 17. Exploitation and use of premises etc. Whoever has an aquaculture license has the sole right to withdrawal and recapture the deferred nature of the locality.
Ministry may decisions or regulations regulate withdrawal and recapture of each species at the site regardless of the provisions of the law on the management of wild living marine resources.
Ministry may issue regulations limiting or banning traffic and other use of the premises and adjacent areas, including fishing for species other than the vulnerable species, if this is necessary for aquaculture production.

Chapter V. Registration, transfer and pledging of aquaculture license

§ 18. Registration of aquaculture license shall be kept a register of aquaculture licenses (aquaculture register). In the register given to the individual permit a separate sheet.
Shall be kept a diary of the legal rights to be registered.
Ministry may issue regulations concerning the registration system, including registration authority, compensation system, keeping of diary etc. The Ministry may issue further provisions on regional authorities' tasks related to the registration system.
The provisions of the Act of 7 June 1935 No.. 2 about probate Chapters 2 and 3 and § 35 apply correspondingly insofar as appropriate and not otherwise provided by provisions made in or pursuant to this Act.

§ 19. Transfer of aquaculture license Aquaculture permit may be transferred.
Transfer of aquaculture license shall not affect the government's use of measures under this Act.
Rental of aquaculture licenses is not permitted. The Ministry may in special cases grant exemptions from the ban on rentals.
Ministry may issue further provisions on the transfer of aquaculture licenses.

§ 20. Pledging of aquaculture license Aquaculture permit may be pledged.
Lien are legally protected by registration on the license sheet in aquaculture register.

Pledging of aquaculture license shall not affect the government's use of measures under this Act.
The state has a lien over all other encumbrances in permit requirements on fines under § 28, claims for reimbursement of expenses for implementation pursuant to § 29, forfeiture under § 29 a and violation penalties under § 30.
Ministry may issue further provisions regarding the pledging of aquaculture licenses, including the total sum limitation of the state's lien under subsection.

Chapter VI. General requirements and obligations

§ 21. 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.

§ 22. Professional competence Anyone participating in activities covered by this Act shall have the necessary expertise for such activity.
Ministry may issue further provisions on requirements for professional competence for activities covered by this law.

§ 23. Systematic control measures to ensure that the requirements in or pursuant to the law, the Ministry in regulations provide that the operator of activities covered by this law are obliged to establish and carry out systematic control.

§ 24. Education and examination duty ordered by the issue and the regulatory authority any person who applies for or engaged in activities covered by this law, to provide information, documents, samples or other materials necessary for the allocation and control authority to perform their duties under the law.
Ordered by the issue and the regulatory authority any person who applies for or engaged in activities covered by this law to conduct investigations necessary for the allocation and control authority to carry out its functions under the Act.
Ministry may issue further provisions on disclosure and the duty to investigate in the first and second paragraphs, including that duties are to be performed regularly.
Ministry may issue regulations that the operator of activities covered by this Act shall have and use equipment and software with specific functions for reporting under this provision.

§ 25. Duty to assist Anyone carrying out activities covered by this law are obliged to provide the supervisory authorities access to the areas, device and equipment related to the activity, the regulatory authority to carry out its responsibilities under the Act.
Anyone carrying out activities covered by this Act shall provide the necessary facilities, equipment, materials, organisms and employment assistance to assist the Authority and otherwise provide assistance for the implementation of the supervision.

§ 25 a. Exchange of information between authorities allotment and supervisory authorities under this Act can notwithstanding the confidentiality provide information to control, police or prosecuting authorities if the output is connected with their duties under the law.
Confidentiality for other control, police or prosecutors does not prevent these provide supervisory authorities under this Act information normally associated with their duties under this Act.
The King may issue further provisions on exchange of information under this provision.

§ 26. Fees and Duties Ministry may issue regulations relating to fees and fee for processing applications and for carrying out supervisory work according to the provisions in or pursuant to this Act.
Unpaid fee and fee is enforceable by execution.

Chapter VII. Sanctions and penalties applicable to infringements

§ 27. Imposition of measures In case of violation of provisions made in or pursuant to the law, the supervisory authority may order that measures to bring the illegal situation to an end. It may be stipulated deadline for the implementation of such measures.

§ 28. Coercive fines To ensure that the provisions laid down in or pursuant to this Act are implemented, the supervisory authority may make a decision about running fines against the person responsible. It may also be adopted coercive maturing for each violation. Coercive fines may be adopted simultaneously with the order under § 27 or later.
The fine becomes effective if the person responsible fails to meet the deadline for rectifying the situation supervisory authority has determined in the decision on fines, and runs as long as the unlawful situation persists. Coercive fines can not be determined, and the runner nor, as far as a result of circumstances not attributable to the person responsible, is impossible to fulfill or to live it with the order that the periodic penalty payment relates.

Where several are responsible for decisions on fines, booklets those responsible jointly and severally for payment of the periodic penalty payment. If the person responsible for a fine incurred is a company that is part of a group, the company's parent company and the parent company in the consolidated company is part of, secondarily for the amount. Fine is enforceable by execution. The Ministry may in special cases waive fines.
Ministry may issue further provisions on fines, including coercive size and duration, the imposition of coercive and waiver of accrued amounts.

§ 29. Implementing measures for the administrator's account If the deadline to comply with an order pursuant to § 27 has expired, the supervisory authorities ensure implementation of the measures.
Although it is not ordained by § 27, the supervisory authority, if it is necessary to implement the measure immediately or there are other special reasons, provide for the introduction of measures to bring the illegal situation to an end.
Expenses for implementation pursuant to subsections may be claimed by the person responsible. Where more responsible, booklets those responsible jointly and severally for the costs. Claims for expenses for implementation is enforceable by execution.
Ministry may issue further provisions on the introduction of measures, including the recovery of the costs of implementation.

§ 29 a. Administrative forfeiture of proceeds supervisory authority may wholly or partly suspend dividends obtained through violation of provisions given in or pursuant to law. Confiscation may be effected through the as dividends have accrued. Confiscation may only take place as far as this will be clearly unreasonable.
If the person dividends have accrued is a company that is part of a group, the company's parent company and the parent company in the consolidated company is part of, secondarily for the amount.
Final decision on the confiscation of proceeds is enforceable by execution. Confiscated proceeds accrue to the Treasury.
Court may try all aspects of the case. The court may pronounce judgment for reality in the case, if it deems it appropriate and prudent.
Ministry may issue further provisions on confiscation, including whether standardized or discretionary disbursement of dividends and deductions for expenses.

§ 30. Violation charges, an entity subject to administrative fines if the firm or a person acting on behalf of the undertaking violates provisions made in or pursuant to law. This applies even if the responsibility for the infringement can not be directed at any individual.
In deciding whether the entity should be imposed violation charges and in assessing the fine may particularly be stressed:

A)
overtredelsesgebyrets preventive effect,

B)
seriousness of the violation,

C)
about undertaking by internal controls, guidelines, instruction, training or other measures could have prevented the violation,

D)
whether the offense is committed to promote its interests,

E)
whether the entity has had or could have obtained some benefit in the contravention

F)
firm's financial capability,

G)
whether there is repetition,

H)
what measures are taken to prevent or mitigate the effects of the infringement and

I)
whether the offense involves risk or has led to serious or irreversible environmental damage.

If the person responsible for the violation charge is an entity that is part of a group, the firm's parent company and the parent company of the consolidated company is part of, secondarily for the amount.
Administrative fines are payable two months from decision has been made. Final decision on administrative penalties are enforceable by execution. If the firm goes into action against the State for reviewing the decision, enforcement is suspended.
Court may try all aspects of the case. The court may pronounce judgment for reality in the case, if it deems it appropriate and prudent.
Right to impose a penalty barred two years after the infringement has ceased. Limit is suspended if the regulatory authority provides advance notice or makes decisions about fines.
The Ministry shall establish a ceiling for violation charges paid under this provision. The Ministry may issue further rules on the assessment of fines.

§ 31. Penalties Deliberate or grossly negligent substantially violates provisions made in or pursuant to §§ 4, 5, 10, 12, 13, 14, 17, 19, 22, 23, 24 and 25 shall be punished by fines or imprisonment not exceeding one year or both, if the offense is subject to stricter penal provisions.

Aggravated offense shall be punishable with a fine or imprisonment not exceeding two years or both, if not more severe penal provisions apply. In deciding whether the offense is gross, particular attention should be paid to whether economic or potential economic value of the violation is big, whether the violation was systematic and over time, if the violation was as part of an organized activity, whether the violation has resulted or resulted in a risk of significant environmental damage and the environmental damage caused by the infringement is irreparable.
Ministry may issue regulations issued pursuant to this Act stipulate that breaches of the Regulation is not punishable.

§ 31a. Coordination of supervision and responses to issues affecting aquaculture authorities under this Act and the laws specified in § 6 subsection d shall as far as appropriate, coordinate supervision and the imposition of reactions or sanctions for offenses aquaculture industry.
Ministry may issue further provisions on co-ordination, including provisions for notification of possible reaction or sanction imposition.

Chapter VIII. Final provisions

§ 32. Commencement This Act comes into force on 1 January 2006.

§ 33. Transitional provisions and regulations issued pursuant to Act 14 June 1985 No.. 68 on production of fish, shellfish, etc. and the Act of 21 December 2000 no. 118 on ranching continued.

§ 33 a. Lawsuit Deadline Ministry may issue regulations providing that party must bring an action on the validity of an administrative decision pursuant to this Act or claim for damages as a result of the decision, within six months from the date when notification of the final decision arrived at State party. Reinstatement may be granted over the time limit pursuant to the Civil Procedure Act §§ 16-12 to 16-14.

§ 34. (Repealed by Act 21 June 2013 no. 74 (ikr. July 1, 2013 acc. Res. 21 June 2013 no. 745).)

§ 35. Repeal of other Acts When this Act comes into force, repealed Act 14 June 1985 No.. 68 on production of fish, shellfish, etc. and the Act of 21 December 2000 no. 118 on ranching.

§ 36. Amendments to other Acts From the time this Act comes into force, the following amendments to other Acts - - -