Advanced Search

Law On Right To Information And Participation In Public Decision-Making Processes Relating To The Environment (Environmental Law)

Original Language Title: Lov om rett til miljøinformasjon og deltakelse i offentlige beslutningsprosesser av betydning for miljøet (miljøinformasjonsloven)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Law of the right to environmental information and participation in public decision processes of importance to the environment (environmental information law).

Date LOL-2003 -05--09-31
Ministry of Klima and Environment Ministry
Last modified LO-2006--05-19-16 from 01.01.2009
Published In 2003 booklet 7
Istrontrecation 01.01.2004
Changing
Announcement
Card title Environmental Information Act mlinfl.

Capital overview :

Chapter 1. Initial provisions

SECTION 1. Law's purpose

This law has for purpose to ensure the public access to environmental information and thereby facilitate the individual to contribute to the protection of the environment, to protect themselves from health and environmental damage and to influence public and private decision makers in environmental issues. The law shall also promote the public's ability to participate in public decision processes of importance to the environment.

SECTION 2. What is understood by environmental information
(1) With environmental information means actual information and assessments about
a) the environment,
b) factors affecting or may affect the environment, herunder
- planned and committed measures or activities in the environment,
- product properties or content,
- ratio of operation of business, and
- administrative decisions and measures, herders individual boards, agreements, regulations, strategies, and programs, as well as related analyses, calculations and predictions,
c) Human health, safety and life terms in the degree they are affected or may be affected by the state of the environment or factors as mentioned in letter b.
(2) With the environment understood the outer environment including cultural memories and cultural environment.
SECTION 3. The relationship with other legislation
(1) This law does not devise the right to information after public law, the management law, or other legislation.
(2) The court of environmental information applies to those restrictions that follow the intellectual property.
(3) The law does not apply to information in cases processed by judicial laws.
0 Modified by law 19 May 2006 # 16 (ikr. 1 jan 2009 ifg res. 17 oct 2008 No. 1 1118).
SECTION 4. Lovens site-real scope
(1) The law applies to Norwegian public organs and for enterprises established in Norway.
(2) The king may decide that the law entirely or partly shall apply to public organs and enterprises on Svalbard and Jan Mayen. The king can give regulations on the application of the law enforcement on the Continental of the Continental and in Norway's economic zone for enterprises that have not been established in Norway.
SECTION 5. Definition of the public organ and range of chapter 3 and 4
(1) The provisions of Chapter 3 come to the Applicability of Public organs. With public organ means
a) any management organ that is reauthored by the public leglaw Section 2.
b) court subjects that practice public functions or offer services to the public, and which are controlled by an organ that falls under the letter a. This still does not apply to activities driven in competition with private ones. Public control is present when the organ that falls under the letter a, mentions more than half of the members of the court's governing organs or otherwise has the best-bearing influence over the court subject,
c) law subjects such as law, regulation or on assignment from organs that fall into the letter a or b, have to task to carry out public functions or offer services to the public that concerns the environment. This applies only to environmental information that relates to these functions or services.
(2) The provisions of chapter 4 come to the Applicability of all other public or private business, herding business and other organized business.
0 Modified by law 19 May 2006 # 16 (ikr. 1 jan 2009 ifg res. 17 oct 2008 No. 1 1118).
SECTION 6. Payment

It is not allowed to take payment for the environmental information that anyone has the right to be issued after the law here, unless otherwise determined in regulation determined in the co-hold of this law or public law Section 8.

0 Modified by law 19 May 2006 # 16 (ikr. 1 jan 2009 ifg res. 17 oct 2008 No. 1 1118).
SECTION 7. The writings of the law

The king can in regulation provide filler regulations to the law, herunder rules on payment for environmental information and about the competences of the KlaenBoard of Environmental Information.

Chapter 2. Pliked to have knowledge of environmental conditions

SECTION 8. It also released responsibility for having and available environmental information

Prevalence organs as mentioned in Section 5 first clause letter a should at a parent level have environmental information relevant in relation to their own responsible areas and functions, making this information widely available.

SECTION 9. Knowledge of environmental conditions in its own business

Any business that is retaken by Chapter 3 or 4, duties to have knowledge of relationships by the business, herunder its task factors and products, which may result in a non-insignificant impact on the environment.

Chapter 3. Environmental information at public organ

SECTION 10. Right to environmental information at public organ
(1) Any one has the right to obtain environmental information from a public organ, so the future of the information is present with the organ or retaken of the organ's knowledge divide after Section 8 or 9, and there is no made exception from the information court following the law here.
(2) The Environmental Information is present with the person organ when the information
a) is in the public organ's possession, or
b) is retained by a physical or legal person on behalf of the public organ.
(3) A requirement of environmental information can be dismissed if it is too general formulated or does not provide adequate basis to identify what the requirement applies. Prior to a requirement, the information applicant shall be given guidance to designing the requirement in a way that allows it to be processed.
(4) If the requirement of visibility to the wrong organ, the organ should be able to forward the claim to appropriate authority or guide about which public organs are believed to have the information.
SECTION 11. Exceptions
(1) Requirement of environmental information can be denied if there is a real and mainly need for it in the individual case and the information or document information can be exemplically taken from public in co-legality of public law.
(2) Upon the assessment of whether it has been real and mainly needed by the first clause, the environment and civic interests of which are taking place by extradite the information are weighed against the interests of the interests that are being looked at by a refusal. If the environment and civic interests weigh in the center of gravity, the information is to be issued.
(3) If parts of the requested information can be denied extradited, the remaining information shall be given out, when not this one gives an obvious mismer image of the content.
0 Modified by law 19 May 2006 # 16 (ikr. 1 jan 2009 ifg res. 17 oct 2008 No. 1 1118).
SECTION 12. Environmental information that is always to be issued

The public should without the obstacle of the rules in Section 11 always get information about

a) health malware pollution or pollution that can cause serious damage to the environment,
b) precautions to prevent or reduce damage as mentioned in letter a, and
c) illegal intervenprocedures in or illegal damage to the environment.
SECTION 13. Case management
(1) The organ determines from the envision of the defensible case management how the information is to be made known. Paper copy or electronic copy of the information can be required in all existing format and language versions. The organ does not need to provide copy of format and versions of the information that is commonly available.
(2) The information should be wide and understandable in relation to the information need provide expression of. If the request can be answered by the request, by referring to widely available public records, reports, product marking or similar, information is seeking to be referred to there. When it is provided visibility into information that it relates to intellectual property rights, the organ should if it has knowledge of the knowledge of who is the holder of the rights or which license shaver organ has received the information from. This is still not applicable when it appears as obvious unnecessary to provide such information. The king may give regulation that the provisions of the first joint period and other clause of the third and fourth period in the paractment here shall not apply to certain enterprises or types of enterprises not reselected by the EES agreement Attachment XI # 5k (Directive 2003 /98/EC) about the reuse of information from the public sector.
(3) The person receiving a requirement for environmental information shall determine this and extradite the information as soon as possible and the latest within fifteen reality days after the claim has been received. If the amount of information or information of information makes it unsustainable burdens to extradite it within fifteen reality days, the latest has come forward to information searches within two months. It shall promptly and the latest within fifteen reality days after the claim has been received, informed about the cause of the extension and whether when a decision can be expected to forage. Preliminary response can be neglected if it must be deemed obvious unnecessary.
(4) If a requirement of environmental information is denied, the management organ shall show to the determination that is the basis for the rejection, providing a brief justification for the cancellation, enlighten the admission and deadline for further justification, and the enlighten us of the clavise and deadline. Destroke shall be given in writing.
(5) The information applicant can within three weeks from the ordinance were received, demanding a further justification for those considerations that lie to the cause of the stroke. The foundation shall be given as soon as possible and the latest within ten reality days after the claim of further justification has been received. The foundation shall be given in writing if the information applicant asks for it.
0 Modified by law 19 May 2006 # 16 (ikr. 1 jan 2009 ifg res. 17 oct 2008 No. 1 1118).
SECTION 14. Identification of information as it is of competitive importance to secrecy and distinctive rules about case management
(1) Public organ may require that one that provides information to the organ, or as a requirement for environmental information touches, shall identify which part of the information is of competitive importance to secrecy, and provide a justification for this.
(2) Before information subject to the statutory disclosure is issued, that information shall be provided, given the occasion to comment within an appropriate response deadline.
(3) If the organ will extradite information that is subject to statutory secrecy, the person to whom the information applies is notified about it. The decision can be scratched. The rules in Section 15 apply accordingly. The complaint has been setting up effect.
SECTION 15. Commaking
(1) The battle of claims of environmental information can be incurred to the nearest parent of the management of the agency. The same applies to the rejection of claims by Section 10 third clause. The complaint deadline is three weeks from the point of time the direction of the decision has been reached out to the person. In response, if answers have not come forward within two months after the claim of information received at the public organ, this is considered the refusal to be scratched. Has information applicant requested to obtain the further justification for the stroke after Section 13 last clause, the clavagedeadline.
(2) For complaint over refusal from public organ that rejections of Section 5 first clause letter b or c, the clageAuthority is the management organ that
a) control the organ,
b) has given missions to the organ or control the organ that has provided missions to the organ, or
c) has adopted the scripture or has responsibility for the law as the business offers the service in co-hold.
(3) The rules of the public law 1 whether complaint applies as far as they fit for complaint about the claims of environmental information from public organ.
1 Should be in public law, see Law 19 May 2006 # 16 SECTION 32.

Chapter 4. Environmental information about business (operating conditions mv.)

SECTION 16. Right to environmental information about business
(1) Any one has the right to environmental information from business mentioned in Section 5 other clause about relationships by the business, herunder its task force factors and products, which may result in a non-insignificant impact on the environment.
(2) Right to environmental information after the first clause also applies to the impact of the environment as a result of production or distribution of product outside of Norway's borders, in the extent such information is available. The business shall correct the request to preceding sales sleet if this is necessary to answer the requirement.
(3) A requirement of environmental information can be dismissed if it is too general formulated or does not provide adequate basis to identify what the requirement applies.
SECTION 17. Exceptions
(1) Requirement of environmental information can be denied if
a) exception is mandated because public would facilitate the completion of actions that may damage parts of the environment that are particularly exposed or threatened by extinction,
b) The claim is clearly unreasonable, or
c) The information as the demand is concerns technical devices and procedures, as well as operating or business relationships as it will be of competitive importance to secrecy with regard to it as the Information of Information is concerned.
(2) Environmental information mentioned in Section 12 shall always be issued. The rules of Section 14 different and third joints apply to the equivalent of as far as they fit.
(3) The provisions of Section 11 third clauses apply accordingly.
SECTION 18. Case management
(1) The one that gets requirements for environmental information can extradite the information in the shape that they consider appropriate.
(2) The information should be wide and understandable in relation to the information need to provide expression of. If the request can be answered by the request, by referring to widely available public records, reports, product marking or similar, information is seeking to be referred to there.
(3) More businesses can go together on fulfilling information duties.
(4) The person receiving a requirement for environmental information shall determine this and extradite the information as soon as possible and the latest within a month after the claim has been received. If the amount of information or information of information makes it unsustainable burdens to extradite it within a month, the latest one should be reached out to information searches within two months. It should be immediately possible, and the latest within a month after the claim has been received, informed about the cause of the extension and whether when a decision can be expected to be foraking. Preliminary response can be neglected if it must be deemed obvious unnecessary.
(5) If a requirement of environmental information is denied, the business shall show to the determination that is the basis for the cancellation, enlighten the admission and due time to demand further justification, and about the clagage and the clashed deadline.
(6) The information applicant can within three weeks from the ordinance were received, demanding a brief justification for the blow-off. The foundation shall be given as soon as possible and the latest within ten reality days after the claim of justification has been received. The foundation shall be given in writing if the information applicant asks for it.
SECTION 19. Commaking
(1) Decline on claims of environmental information by the chapter here or after the Product Control Act Section 10, can be incurred to the KlaenBoard for environmental information. The same applies to the rejection of claims by Section 16 third clause.
(2) The Kmaking is submitted to the KolaenBoard for environmental information, with copy to the business that has authored the decision. The complaint deadline is three weeks from the point of time the direction of the decision has been reached out to the person. In response, if answers have not come forward within two months after the claim of information received with the business, this is considered to be denied that can be incurred. Has information seeks to obtain the specified closer justification for the stroke after Section 18 last clause, the clavagedeadline.
(3) The KlaenBoard shall consist of the leader, deputy leader and six members, as all appointed by the King for four years of the time. At the first time, it can be set shorter function time for some of the members. Head and deputy leader shall have legal civil servants exam. Three of its members should have background from private nutrition and the three others from an environmental protection organization, a consumer organization or a media organ.
(4) At the processing of the individual case, the Board of Environmental Information shall consist of manager or deputy leader and two members with background respectively from the corporate or from the environment-, media or consumer page.
(5) Decisions from the Board of the KlaenBoard meet at the average majority in written foundations of the court.
(6) The Board of the KlaenBoard's decision is particularly compultive on the compulsionary Act of the compulsionary Act 13.

Chapter 5. Participation in decision processes of importance to the environment

SECTION 20. The right to participate in decision processes related to the design of regulations, plans and programs
(1) Public authorities shall in connection with the work of the design of regulations, plans and programs that may have meaning to the environment, give the public the opportunity to come with input. This is to be done on stages and with time frames that ensure real opportunity to influence the decisions. The public should in this connection be provided necessary information.
(2) For Regulatory, plans or programs that may have significant consequences for the environment, a public hearing shall be carried out. Such hearing shall be carried out in good time until the case is settled. At the hearing, it is supposed to preend a statement of the impact of the impact of the environment. Public hearing can be neglected to the extent :
a) other forms of co-virus access are considered more suited to the general public's right to participation in the decision making process,
b) hearing will not be practical feasible,
c) The hearing can be troubled by the case of the matter or weaken its efficiency, or
d) The hearing must be clearly deemed unnecessary.
(3) Draft messages and propositions of the Parliament of Parliament can be exemptions from public hearing.
(4) The decision in the case shall be released. Of the justification for the decision, it should progress how the requirements in this determination are being looked after, and how hearing statements and other input has been considered.
(5) The rules of this determination do not plan the right to participate in decision processes given in co-laws of other legislation.

Chapter 6. Ipowertrecation and changes in other laws

SECTION 21. Istrontrecation

The law applies from the time the King decides. 1

1 From 1 jan 2004 ifg. res. 5 des 2003 # 1431.
SECTION 22. Changes in other laws

From the time the law takes effect, the following changes are made in other laws :---