Key Benefits:
Law on the aquaculculture (the aquacullation Act). |
| Date | LO-2005--06-17-79 |
| Ministry of | The proximity and the fisheries Department |
| Last modified | LAW-2015 -06-19-65 from 01.10.2015 |
| Published | In 2005 booklet 8 |
| Istrontrecation | 01.01.2006 |
| Changing | LAW-1985--06-14-68 , LO-2000-12-21-118 |
| Announcement | 17.06.2005 |
| Card title | The Akvaultural Law |
The law is to promote the aquaculatory business's profitability and competitive power within the frames of a sustainable development, and contributing to the value creation on the coast.
The law applies to the production of actuatic organisms (aquaculculture). With aquactic organisms, the water-living animals and plants are understood. As production, any measures are considered to affect living aquactic organizers weight, size, number, properties or quality. In twin-doubt, the ministry of individual ordinance or regulation can determine what is considered acvaulculture.
The law also applies to facilities meant for aquaculculture, herunder facilities without aquactic organisms.
Lovens Section 12 and Chapter VI of VIII also apply to commodity and service production to the aquaculatory industry.
The Ministry of Law may in regulation determine that activities as mentioned in the first to third clause should not be retaken by the entire or parts of the law.
Production of anadrome salmon fish and inland fish for cultivates purposes are regulated by law 15. May 1992 # 47 about laccefish and incountryfish m.v.
| 0 | Modified by law 21 June 2013 # 74 (ikr. 1 July 2013 ifg. res. 21 June 2013 # 745). |
This law applies :
| a) | on the land territory and in the territorial waters, |
| b) | in jurisdiction areas established in co-hold of law 17. December 1976 # 91 about Norway's economic zone, and |
| c) | on the Continental Barenal. |
The law does not apply to Svalbard and Jan Mayen. The king may give regulation that the law entirely or partly shall apply to the Svalbard and Jan Mayen and can determine further provisions of regard to the site of the site of the site, hernishes as the absence of regulations in this law.
The Ministry can give permission to drive aquaculculture (aquacullation permit) after Section 6 and 7. Such permission can also be verves at transfer after Section 19.
No one can drive aquacriculture without being registered as the holder of the aquacultulation permit in the aquacultural registry, jf. Section 18 first joints.
The Akvaultural permit provides the right to production of specific species on refined geographical areas (locations), with those at any time determined by the scope of permission.
The Ministry can in single-ordinance or regulation provide further regulations on the content of aquacultulation permits, herding scope, containment in time mv.
The Ministry of State may after application grant permission for aquacullation if :
| a) | it is environmental defensible, |
| b) | The requirements of Section 15 about the relation to area plans and safety measures are met, |
| c) | vevination of the area interests after Section 16 has been made, and |
| d) | permissions are given as required by : |
| - | law 19. December 2003 # 124 on food production and food safety m.v., |
| - | law 13. March 1981 # 6 about protection against pollution and about waste, |
| - | law 17. April 2009 # 19 about ports and waters, and |
| - | law 24. November 2000 # 82 about vassdrag and groundwater. |
The Ministry of Justice can in regulation give closer regulations on allocation of aquacultation permission, herunder the application and criteria of granting of application and provide further provisions on which applications are to be processed by the county of the county.
The Ministry of Regulations can in regulation give further provisions of whole or partially halt in assignment for specific species in specific time periods or geographical areas, herunder that applications should be processed in assignment rounds at specific time.
| 0 | Modified by laws 19 June 2009 # 61 (ikr. 1 July 2009 ifg res. 19 June 2009 # 695), 9 jan 2009 # 4 (ikr. 1 jan 2010), 17 apr 2009 # 19 (ikr. 1 jan 2010 ifg. res. 4 des 2009 # 1456). |
For assignment permission for the production of salmon, trout and rainbow trout, the ministry can provide regulation on :
| a) | the number of permissions to be allocated, |
| b) | geographic distribution of permissions, |
| c) | priority criteria, |
| d) | selection of qualified applicants in accordance with the priority criteria in letter c, herduring trekening mv., and |
| e) | The settlement of granting permissions. |
The Ministry of Justice can in regulation give closer regulations on the provision of the expansion of the current permission.
The Ministry of Justice can in regulation determine how large share of the production capacity an enterprise can control, herunder what terms should apply for control with a given share of mv.
The king can in regulation give regulations on adapts of the production of salmon, trout, and rainbow trout.
| 0 | Changed by laws 18 des 2009 # 136 (ikr. 1 jan 2010), 21 June 2013 # 74 (ikr. 1 July 2013 ifg. res. 21 June 2013 # 745). |
Authorities after this law, the laws mentioned in Section 6 first clause letter d and the municipality, herunder as the plan and building authority, duties to conduct an effective and interarranged application treatment.
The Ministry of Justice can in regulation give closer regulations on the arrangement of the application processing, herunder determining deadlines for processing applications.
Part Article SECTION 9. Change and withdrawal of aquacultation permissionThe Ministry may change or withdraw the aquacultulation permit :
| a) | if this is necessary from the envision of the environment, |
| b) | if essential prerequisites that lie due to the permit have been changed, |
| c) | by rough or repeated violation of the provisions given in or in the co-hold of this Act, |
| d) | if the permit is not used or only used in limited extent, or |
| e) | if one or more necessary permissions granted in co-hold laws mentioned in Section 6 first clause letter d has been dropped. |
Change and withdrawal of permission after the first clause can be made time limited. Time-limited change and withdrawal can be made conditioned by certain conditions are being resettled or changed.
The Ministry of Justice can in regulation give closer regulations on change and withdrawal of aquacultulation permits.
Akvaulse is to be established, driven and deviates in an environmental defensible manner.
The Ministry can in single-ordinance or regulation provide further regulations to ensure environmental conservation culture, herunder silent demands for preventive measures, requirements for branding of apathetic organisms, the use of aquactic organisms that cannot reform and use of alien organisms.
| 0 | Modified by law 21 June 2013 # 74 (ikr. 1 July 2013 ifg. res. 21 June 2013 # 745). |
The Ministry can in single-ordinance or regulation require that whoever has or apply for aquacultuation permission to conduct or cost necessary environmental investigations to document the environmental state within the location of the location of the location of establishing, operation and deviation of aquaculculture.
Environmental investigations after this determination can among other things include investigations to clarify whether and how the aquaculture business causes, has caused or can cause impact on the environment.
The Ministry can provide regulation on fees and fees for the completion of environmental investigations in regi of the public. Guilty fees and tax are on-force basis for the outlay.
| 0 | Modified by law 21 June 2013 # 74 (ikr. 1 July 2013 ifg. res. 21 June 2013 # 745). |
The Vare and service producers of the aquaculatory industry shall carry out their missions and services in an environmental and conservation manner. The Ministry of Justice can in regulation give further provisions to ensure the proper execution of activities carried out by commodity and service manufacturers.
The devices and equipment that are enjoyed by the activities of this law shall be justifiable designed, have defensible properties and are used with necessary tactics.
The Ministry can provide regulation on requirements for effect, use and properties of devices and equipment as mentioned in other clauses, herding determining approval and certification arrangements.
| 0 | Modified by law 21 June 2013 # 74 (ikr. 1 July 2013 ifg. res. 21 June 2013 # 745). |
The driver of aquacriculture is going at completely or partial termination of the production to cleanup at the location and adjacent areas, herunder the removal of organisms, devices, and equipment mv.
The Ministry can in single-ordinance or regulation give regulations that the one that operates aquaculsions has the duty of the recapture of the deferred species.
The Ministry can provide regulation on duty to quiet security for the cleanup and recapture duty after the first and other clause.
The Ministry can provide regulation on tax arrangement to ensure the completion of the cleanup of the cleanup and recapture duty. Fastset tax is on-force basis for the outlay.
The holder of aquacticulture permission duties to participate in a breakdown created by the ministry and to pay tax to the Association.
The Association shall, with the limitations determined in regulation, cover expenses the public or private has with the removal of organisms that have escaped or otherwise have spread from a location for aquaculculture. The Association shall also cover expenses of the removal of organisms as the holder of permission is pliable to cover after Section 13, if the responsible one is unknown. If the escaped aquactic organism can be traced back to a holder of aquacticulture permission, the Association may require the regress of the responsible one.
Invacating of aquacticulture permission answers one for all and all for one on the objective basis for the end-of-day expenditures.
The Ministry of Regulations can in regulation give closer regulations on the composition of the Joint Commencement, organizing and business, hereunder about exceptions from the duty of membership, annual tax for participation in the Association and Additional payments, restrictions in the responsibility of other and third joints and payout.
Missing payment of tax for participation in the Association is the compullogical basis for the outlay.
| 0 | Added by law 21 June 2013 # 74 (ikr. 1 July 2014 ifg res. 21 June 2013 # 745). |
The Ministry can determine the ban on, impose movement of or put other terms for aquacriculture if this is necessary to preserve areas of particularly value for accratic organisms.
Permission for aquaculculture cannot be granted in violation of :
| a) | -passed area plans after the plan and building law, |
| b) | acknowledged conservation measures by Chapter V in law 19. June 2009 No. 100 about the management of nature's diversity, or |
| c) | acknowledged conservation measures by law 9. June 1978 No. 50 on cultural memories. |
Permission for aquacvauli can still be given if there is consent from the person's plan or the protection of the conservation.
| 0 | Modified by laws 19 June 2009 # 100 (ikr. 1 July 2009 ifg res. 19 June 2009 # 704), 27 June 2008 No. 71 (ikr. 1 July 2010 ifg. res. 18 June 2010 # 896) that changed by law 8 May 2009 # 27. |
The Ministry is supposed to conduct a vevining of the area's interests at location of locations for aquaculculture. It is supposed to be very much emphasis on :
| a) | The applicant's need for space to planned aquacticulture production, |
| b) | alternative use of the area of other aquaculculture, |
| c) | other use of the space, and |
| d) | protective interests that do not be retaken by Section 15 letter b and c. |
The Ministry of Law can in regulation give closer regulations on the use and location of locations for aquaculculture.
The Ministry of Justice can in regulation give closer regulations on the injunction of movement of aquacultural facilities within a further defined geographical area if parent communities and nutritional consideration, herenvision to fish health and environment dictates this. The Ministry can also in regulation give closer regulations on procedures for initiation and review of processes with aim of movement, herunder principles for coverage of costs.
| 0 | Modified by law 19 June 2009 # 61 (ikr. 1 July 2009 ifg res. 19 June 2009 # 695). |
The one that has accentulation permit has energise for withdrawals and recapture of the deferred species at the location.
The Ministry can in single-ordinance or regulation regulate withdrawals and recapture of the individual species at the location independent of the provisions of law on the management of the viltlevande navy resource.
The Ministry can in regulation refine or ban the behaviour and other use of locations as well as adjoining areas, herduring fishing for other species than the deferred species, if this is necessary for consideration of the acvaultural production.
| 0 | Modified by law 6 June 2008 No. 37 (ikr. 1 jan 2009 ifg res. 12 des 2008 No. 1 1355). |
It shall be conveyed a register of the aquacultulation permissions (the aquacultural registry). In the registry, individual permission is given a separate magazine.
It is to be kept a journal over the courts of justice to be registered.
The Ministry can provide regulation on the registration arrangement, herding whether the registration authority, replacement of the journal mv. Ministry can in regulation provide further regulations on the county's tasks related to the registration arrangement.
The rules of law 7. June 1935 # 2 about the tinglysing chapter 2 and 3 and Section 35 apply accordingly as far as they fit and nothing else follows by regulations given in or in the co-hold of this law.
| 0 | Modified by law 9 jan 2009 # 4 (ikr. 1 jan 2010). |
Akvaultural permission can be transferred.
Transfer of aquacultulation permit does not matter for the government's use of real assets by this law.
The lease of aquacullation permits is not permitted. The Ministry of Justice can in very honest cases make exceptions from the ban on lease.
The Ministry of Justice can in regulation give closer regulations on the transfer of aquacullation permits.
Akvaulturi permission can be pawned.
The panel court gets court swear by tinglysing on the permission of the permit in the aquacultural registry.
The Panther of aquaculture permission does not have any significance for the government's use of real assets after this law.
The state has panterone in front of all other hefty charges in the permit for claims on foreclosure after Section 28, claims for coverage of expenses to commit after Section 29, ingress after Section 29 a and violation fees after Section 30.
The Ministry of Justice can in regulation give closer regulations on the mortgage of aquaculture permits, herunder about the amounts of state pandemic by the state of the fourth clause.
| 0 | Modified by law 21 June 2013 # 74 (ikr. 1 July 2013 ifg. res. 21 June 2013 # 745). |
The Ministry decides who is the regulatory authority after this law, the parole authority is to be supervising that the provisions of the law and in the co-hold of this law are being honored.
Part Article SECTION 22. Fagly competencyAny participating in activities that are being retaken by this law shall have necessary professional competence for such activity.
The Ministry of Justice can in regulation give closer regulations on the requirements of professional competence for activities that are retaken by this law.
In order to ensure that the claims in or in the co-operation of the Act, the ministry of regulation may decide that the one that operates activities as the subject of this law has the obligation to establish and conduct systematic control measures.
Following the injunction and the regulatory authority duties any applicant seeking or operates activities as being retaken by this law, providing information, documents, trial material or other material necessary for the additivity and The regulatory authority shall be able to carry out its tasks by law.
Following the injunction and the regulatory authority duties any applicant seeking or driver activities that are retaken by this law to conduct investigations that are necessary for the assignment and regulatory authority to be able to perform their tasks after the law.
The Ministry of Justice can in regulation give closer regulations on the Enlightenment and examination duties in the first and other clause, herding that the duties of the duties be performed on a regular basis.
The Ministry of Regulations can in regulation give regulations that the one that operates activities that are reselected by this law shall have and use equipment and software with specific function for reporting after this determination.
| 0 | Changed by law 9 jan 2009 # 4 (ikr. 1 jan 2010), 21 June 2013 # 74 (ikr. 1 July 2013 ifg. res. 21 June 2013 # 745). |
Anyone who runs activities as being reselected by this law duties to provide the regulatory authorities access to areas, device management and equipment in association with the activity, for the regulatory authority to be able to perform their tasks by law.
Anyone who operates activities as being reselected by this law shall ask necessary premises, equipment, materials, organisms and work assistance at the disposal of the Department of Health and otherwise provide assistance for the completion of the probation worker.
The assignment and regulatory authorities by this law can without the obstruction of secrecy to the control-, police or prosecutors if the release has the context of their tasks by law.
Taushebe alike for other control-, police, or prosecutors do not prevent these giving regulatory authorities after this law of information that has natural context to their tasks after this law.
The king can in regulation give closer regulations on exchange of information after this determination.
| 0 | Added by law 21 June 2013 # 74 (ikr. 1 July 2013 ifg. res. 21 June 2013 # 745). |
The Ministry can provide regulation on fees and fees, for the treatment of applications and for execution of probation work in accordance with regulations in or in co-hold of this law.
Guilty fees and tax are on-force basis for the outlay.
| 0 | Changed by law 29 June 2007 # 77 (ikr. 1 July 2007 ifg res. 29 June 2007 # 756), 21 June 2013 # 74 (ikr. 1 July 2013 ifg. res. 21 June 2013 # 745). |
| 0 | The headline changed by law 21 June 2013 # 74 (ikr. 1 July 2013 ifg. res. 21 June 2013 # 745). |
By the violation of regulations granted in or in the co-state of the law, the regulatory authority can give the injunction on measures to bring the illegal conditions of termination. It can be determined due to the completion of such measures.
In order to ensure that regulations granted in or in the co-held of this law are implemented, the regulatory authority can grasp the ongoing compulsions of the responsible one. It can also be forced to be compulfed as is due for each violation. Compulsive can be passed at the same time with the cuts after Section 27 or later.
Compulting is beginning to run if the responsible oversits the due date for the correction of the relationship that the regulatory authority has determined in the ordinance of compulsory, and runs as long as the illegal relationship lasts. Compulsive may not be determined, nor does it run, so far because of conditions that are not caused by the person responsible, is impossible to fulfill or repost the injunction that the foreclosure is associated with.
Where more people are responsible after the ordinance of foreclosure, they are hefty the responsible solidarity for the payment of the foreclosure. If the responsible for incurred compulsions is a company that is part of a corporation, the company's morbicorporation and the morbicorporation of the corporation company is part of, subsidized for the amount. Compulsive is the compulsory basis for the outlay. The Ministry of Justice can in very honest cases dropped on-run foreclosure.
The Ministry of Justice can in regulation give closer regulations on compulsions, hernied, hernied, and duration, determining the compulsions of foreclosure and fragrant of incurred obsessive.
| 0 | Modified by law 21 June 2013 # 74 (ikr. 1 July 2013 ifg. res. 21 June 2013 # 745). |
If the deadline for the aftermath of the Section 27 has expired, the regulatory authority can ensure the commit of the measures.
While no injunction has been issued after Section 27, the regulatory authority is necessary, if it is necessary to commit to the immediately or there are other very fair reasons, ensuring the commit of measures to bring illegal relationships to termination.
Expenses to commit after the first and other clause can be required covered by the supervisor. Where more people are responsible, they are hefty the responsible solidarity for the expenses. The requirement of expenditures to commit is the compulset basis for the expenditures.
The Ministry of Justice can in regulation give closer regulations on the commit of measures, herunder about the encrowing of the expenses of the commit.
The regulatory authority can completely or partially revoke dividends that are achieved through violation of regulations granted in or in co-compliance with the law. Impolation is being made to the person who dividends have taken to it. Impolation can only happen so far this will not be clear unreasonable.
If the dividend has come to a company that is part of a corporation, the company's morbicorporation and the morbicorporation of the corporation company is part of, subsidized for the amount.
Finally, the final ordinance of the dividend of dividends is the force basis for the outlay. The drawn dividend shall receive the treasury.
The court can try all sides of the matter. The court may dismiss sentence for reality in the case, if it finds it appropriate and justifiable.
The Ministry of Justice can in regulation give further provisions of the acquisition, herdunder whether standardised or fiction expenditures of dividends and deductions for expenses.
| 0 | Added by law 21 June 2013 # 74 (ikr. 1 jan 2014 ifg. res. 21 June 2013 # 745). |
An enterprise can be the violation of the violation fee if the enterprise or someone who has acted on the enterprise's behalf overtakes regulations granted in or in the co-hold of the law. This applies even if the responsibility of the violation cannot be corrected against any single person.
At the decision of whether the enterprise should be illegate the violation fee and by the measurement of the fee, it can particularly be placed emphasis on :
| a) | The violation fee's contraceptive effect, |
| b) | The violation of the violation, |
| c) | about the enterprise by internal control, guidelines, instruction, training or other measures could have the prevention of the violation, |
| d) | whether the violation has been committed to promoting the interests of the company, |
| e) | whether the enterprise has had or could have achieved any benefit at the violation, |
| f) | The enterprise's economic ability, |
| g) | of the present iteration, |
| h) | what measures have been committed to the prevention or the remedy effects of the violation and |
| in) | whether the violation implies danger of or has led to severe or irreparable environmental damage. |
If the responsible for the violation fee is an enterprise that is part of a corporation, the enterprises of the company and the morbicorporation of the corporation company is part of, subsidized for the amount.
The effective fee is due to payment 2 months from the ordinance is authored. Finally, the violation of the violation fee is the force basis for the issue of the issue. If the enterprise goes to lawsuits against the state to try the ordinance, the suspension of the force is suspending the force.
The court can try all sides of the matter. The court may dismiss sentence for reality in the case, if it finds it appropriate and justifiable.
The Admission of the violation of the violation fees foreaged 2 years after the violation has been intercepted. The deadline is canceled by that the regulatory authority provides advance notice or grasp of the violation of the violation.
The Ministry shall in regulation determine an upper ceiling for the violation of the violation of the violation of this determination. The Ministry of Justice may in regulation determine closer rules on the issue of the violation of the violation fee.
| 0 | Modified by law 21 June 2013 # 74 (ikr. 1 jan 2014 ifg. res. 21 June 2013 # 745). |
The as intentional or coarse negligent overtakes the provisions given in or in co-hold of Section 4, 5, 10, 12, 13, 17, 19, 23, 24, and 25, are punishable by fines or imprisonment until 1 year or both, if the relationship does not come on stricter penalty determination.
Grounv violation of first clause is punishable by fine or prison until 2 years or both, if no stricter penalty is given the use of inquiry. At the decision of whether the violation is coarse, it shall particularly be placed emphasis on whether the economic or potential economic value of the violation is great, if the violation has occurred systematically and over time, if the violation has occurred as clause of organized business, whether the violation has co-led or caused harm to a significant environmental damage and whether environmental damage as a result of the violation is irreparable.
The Ministry of Law may in regulation given in co-hold of this law determine that the violation of the regulation is not punishable by the law.
| 0 | Modified by laws 21 June 2013 # 74 (ikr. 1 July 2013 ifg. res. 21 June 2013 # 745), 19 June 2015 # 65 (ikr. 1 oct 2015). |
Authorities after this law and by the laws mentioned in Section 6 first clause letter d shall as far as it is appropriate, co-arrange supervision and illegance of reactions or sanctions on the offence of the offence of the aculatory tournament.
The Ministry of Justice can in regulation give closer regulations on the co-arrangement, herders the provision of notification of possible reactionary or sanctions.
| 0 | Added by law 21 June 2013 # 74 (ikr. 1 July 2013 ifg. res. 21 June 2013 # 745). |
The law takes effect 1. January 2006.
Part Article SECTION 33. Overtime RegulationsSingle ordinance and regulations given in co-hold of law 14. June 1985 # 68 about the raised of fish, shellfish and law 21. December 2000 # 118 about sea pasture are being passed.
Part Article Section 33 a. Searchable Due DateThe Ministry of Law may in regulation decide that the party must prosecute the validity of the management of home law in this law or claim of compensation as a result of the pass, within six months from the time when message of final ordinance came forward to the person party. It can be given refresher for the overpass of the deadline by the rules of the dispute section Section 16-12 to 16-14.
| 0 | Added by law 21 June 2013 # 74 (ikr. 1 July 2013 ifg. res. 21 June 2013 # 745). |
From the time the law here takes effect, repeating law 14. June 1985 # 68 about the raised of fish, shellfish and law 21. December 2000 # 118 about sea pasture.
Part Article SECTION 36. Changes in other lawsFrom the time the law here takes effect, the following changes are made in other laws :---
Part Article
