Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2001-06-15-79
Law on the protection of the environment on Svalbard (svalbardmiljøloven).
Date LAW-2001-06-15-79 Ministry climate and Environment Ministry Recently changed law-2015-06-19-65 from 01.10.2015 published in 2001 booklet 7 entry into force 01.07.2002 Change Announced short title Svalbardmiljøloven Chapter overview: chapter I. Initial provisions (sections 1-4) chapter II. Aktsomhetsplikt and principles of government practices (sections 5-10) chapter III. Protected areas (§ § 11-22) chapter IV. Flora and fauna (§ § 23-37) chapter V. Cultural Heritage (§ § 38-46) Chapter VI. Spatial planning in the planning areas (§ § 47-55) Chapter VII. Business with consequences for the environment (§ § 56-86) Chapter VIII. Supervision (§ § 87-92) Chapter IX. Enforcement and sanctions (§ § 93-99) Chapter X. concluding provisions (sections 100-103) see Treaty 9 feb 1920, law 17 July 1925 No. 11. Chapter I Introductory provisions 1. §. (the purpose) This law shall maintain a near-pristine environment on Svalbard in the case of contiguous wilderness, landscape, flora, fauna and cultural heritage.
Within this frame gives the law room for environment proper settlement, research and commercial operation.
§ 2. (active area) With the limitations imposed by international law applies to the law of the land areas of Svalbard with sea area out to the territorial limit.
§ 3. (definitions) In this law be understood with a) pollution: supply of solid, liquid or gas to the air, water or in the ground, noise and tremors, as well as light and other radiation when it is determined by the environmental protection authority, if this could be to the detriment or disadvantage for the environment;
b) wastes: discarded household objects or substances. That waste is considered too redundant loose ear objects and substances from service provision, production and treatment plants m. v, but not waste water or waste gases;
c) harvesting: hunting, trapping and fishing;
d) flora: Photo synthetic holidays end single-cell organisms, algae, low, fungi, mosses, ferns and vascular plants that are naturally wild living on Svalbard;
s) fauna: single-celled animals, invertebrates and vertebrates that are naturally wild living on Svalbard;
f) cultural heritage: all traces of human activity in the physical environment, including the localities that it relates historical events. With the cultural environment areas is meant areas where cultural heritage are included as part of a larger whole or context.
g) cultural heritage: cultural memory that is physically attached to the ground or to the specific locality;
h) resolved the cultural heritage: the cultural heritage that is not fixed the cultural heritage;
in the) permanent resident: the person that is valid introduced in population registry of Svalbard;
j) visitors: individuals other than permanent resident;
k) motor vehicles: vehicle for use in rough terrain or on the road with the engine as the driving force;
l) motorized vessels: aircraft, hovercraft, ship, boat and other craft with engine as the driving force;
m) engine habitation: habitation with motor vehicle or motorized vessels;
n) business: single, repeated or persistent action in or outside the industry;
o): the action that determines the holder of a business, or in if Bill or interest it is run.
§ 4. (the environmental protection agency for Svalbard) Environmental protection agency for the Svalbard archipelago is a) King, b), c) Directorate for Ministry closer to the provision, d) Governor.
Authority that in law is added to a subordinate body, may be exercised by a superior environmental protection authority when it deemed required.
Chapter II. Aktsomhetsplikt and principles of legal practicing section 5. (aktsomhetsplikt and information obligation) Any who stay or supervises operations on Svalbard, to show respect and act carefully so the natural environment and cultural heritage not be applied unnecessary damage or disturbance.
An action shall ensure that the owner of the all that perform work in the business or participating in the activity that the business is responsible for, is familiar with the rules or in pursuance of this Act on the protection of flora, fauna of Svalbard, cultural heritage and natural environment by the way.
section 7. (lead vàr-principle) When a government agency lacks sufficient knowledge of what impacts a measure may have on the nature of the environment or cultural heritage, to the authority under this Act is exercised with a view to avoid possible harmful effects on the environment.
section 8. (total load) Any business that is implemented in the Svalbard archipelago, is to be considered from the overall load as the natural environment and cultural relics will be exposed to.
§ 9. (environment affect the printer should pay) The costs of preventing or limiting damage to the natural or cultural heritage sites to be covered by it which are or would be the cause of the damage. In the same way to the costs of preventing or limiting the pollution and waste problems are covered by it which are or would be welcome.
§ 10. (environmental techniques and inputs) In business on Svalbard to be applied the technique that provides the least amount of strain on the environment, if not essential economic considerations to the ongoing business dictates that a different technique is used, and this is justifiable for an overall environmental assessment.
In business on Svalbard to chemical and biotech products that can malicious or disadvantage for the environment, be replaced with products that after an overall environmental assessment gives less risk to the environment, if not essential economic considerations to the ongoing business implies something else.
Chapter III. Protected areas section 11. (parent principle) It should be protected areas in Svalbard as a) includes the variation of nature types and landscape forms, b) helps to secure sites with special natural history or cultural history values, c) protecting ecosystems on land and in the sea, d) helps to maintain the wilderness and untouched nature.
§ 12. (regulations on protected areas) The King determines the individual protection area, cf. § § 16-19, by regulation.
Of the regulations be set the protected area's boundaries, purposes and provisions on use of the site. The King of the regulations may prohibit or regulate any business and habitation which in itself or together with other uses can be suitable to counteract the purpose of protection.
section 13. (case management) At an early stage in the preparation of regulations pursuant to section 12 to create, extend or cancel a restricted site, or material change in the protective provisions for a restricted site, should the Governor ensure cooperation with public authorities and organizations, etc. that has particular interest in the decision. The Governor shall announce a message in at least one newspaper that is generally read on Svalbard, where it be accounted for the intended protective measures. Property owners and copyright holders should as far as possible during the directed in writing, and be given a reasonable time limit to come with points of view before the safety suggestions are being designed. During the preparation of the safety suggestions to the implications of current business in the area be cleared.
The proposal for the regulation is submitted at the hearing under the rules of the administrative law section 37. About notification of property owners and copyright holders comes to the rules of the administrative law section 16. The proposal shall be made known in Norwegian Gazette and in at least one newspaper that is generally read on Svalbard, and posted to the public scrutiny of at least one easily accessible location. The time limit for statement should be at least two months.
section 14. (interim policy) To prevent damage to the protected values can the Ministry meet the decision on temporary protection until the case is settled. For such a decision does not apply to the rules in section 13. Decision may be appealed under the rules of the law of the Government which has judicial appeal.
section 15. (announcement of the decision) Decision pursuant to section § 12 and 14 shall be made known by the rules in the administrative law section 38 and, moreover, in at least one newspaper that is generally read on Svalbard. It shall be notified to the property owners and licensees which are included in the conservation area, under the rules of the administrative law section 27.
section 16. (national parks) As the national park can Verne's larger pristine or substantially unspoilt natural areas, when they can have value for research or for the experience of the natural and cultural heritage of Svalbard.
In the national parks to no lasting influence of natural environment or cultural heritage take place. The landscape, and in the case of the seabed, with the plants, wildlife and geological occurrences are to be protected against development, plant, pollution, and other business, including habitation, that may affect or interfere with the natural environment or cultural heritage.
§ 17. (nature reserves) As nature reserve areas such as fredes can is untouched or virtually untouched, and a) that contains the distinctive or vulnerable ecosystems, b) that make up a particular type of special nature or geological occurrences, c) which by the way has particular significance for flora or fauna, or d) that have special scientific value.
A nature reserve can totally protected. In these regulations, provisions on the protection of cultural heritage in the reserve.
§ 18. (protected biotopes and geotopes) As the protection area for biotopes or geotopes fredes sites can particular significance for flora or fauna or that contain important or striking geological occurrences.
In these protected areas to business be avoided if it can affect or disturb the flora or fauna or damage geological occurrences in violation of protective vedtakets purposes. In these regulations, provisions on the protection of cultural relics in conservation area.
§ 19. (cultural environment sites) As a cultural environment site can a site that has fredes special cultural-historical value. In the cultural environment areas to business that may impair the cultural-historical value are avoided.
section 20. (international status of protected areas) The King may by regulations provide a protection area a special status for an International Convention on the protection of natural or cultural environment. The effect that the person concerned Convention such a status, however, also apply as Norwegian law.
§ 21. (the General conduct of the protected areas) In the protected areas created pursuant to this chapter may make as Governor General conduct is considered necessary due to the purpose of the protection, and facilitate the experience of the natural and cultural environment within the framework of the purpose of the protection.
Affects measures for the upkeep or facilitating private property or rights in the protected area, to the owner or copyright holder as far as possible be notified in advance.
§ 22. (exemption from military decision) When scientific or particular reasons by the way speaks for it, environmental protection authority to make exceptions from the a verne decisions if it is not contrary to the safety vedtakets purposes or will not affect the protected values worth mentioning.
In a dispensation after the first paragraph to the rationale for the decision to show how environmental protection authority has considered the effects that can get dispensation for the environment, and what weight it is added on this.
Chapter IV. Flora and fauna in the scope of the section. 23. (Kapittelets scope) The rules in this chapter apply to all flora and fauna on land and in the sea with the exception of salt water fish and crustaceans, as well as sea mammals that are not indigenous in the Svalbard archipelago.
The exception in the first paragraph does not include the provisions of sections 26 and 27.
II. General principles and rules section 24. (parent principle) The flora and fauna on land and in the sea should be managed so that the species natural productivity, diversity and habitats will be preserved, and the wilderness of Svalbard nature be secured for future generations.
Within this framework it may take place a controlled and limited harvesting.
§ 25. (conservation principle) All flora and fauna with eggs, nests and stay protected if nothing else is stipulated under the legal authority of this Act.
§ 26. (the importation of flora or fauna etc..) Importation of live specimens of wild flora and fauna that is established or can establish themselves in the wild in Svalbard can only be made in accordance with the permission from the Ministry or the regulations pursuant to the second paragraph. This provision applies also for ROE and eggs of these species.
To implement the Convention of 3. March 1973 on international trade in endangered species of wild flora and fauna (CITES) or other international obligations, or by the way to preserve the natural wild living species, may the King give the regulations on entry and exit point, transportation, sales and retention or possession of live or dead specimens or parts of such.
§ 27. (launching and removal of organisms etc..) Without the permission of the environmental authority must no a) set out the flora or fauna not found naturally in the Svalbard archipelago, b) move the indigenous species of flora or fauna, or c) put into effect cultivating for flora or fauna, including setting out the flora or fauna on land or in rivers, fjords and sea areas.
III. The Flora section 28. (what the flora protection means) No need to damage or remove the flora.
Exempt from the provision in the first paragraph is damage as a result of legal or approved habitation business.
section 29. (collection of scientific or private use) The collection of mushrooms, and of seaweed and kelp for private use is allowed. The collection of flora to research or teaching is permitted if it does not do significant intervention in the population at the site.
IV. The Fauna section 30. (what fauna protection means) No need to chase, capture, damage or destroy the fauna or damage the eggs, nests or live, without legal authority in the rules in this chapter.
Exempt from the provision in the first paragraph is damage to or killing of single-celled and invertebrates as a result of the legal Habitat or approved business and by-catch as a result of legal fishing.
No need to use the ship's whistle, loosen the shots or more other powerful noise closer to a nesting than a nautical mile in the time 1. April to 31. August.
It is forbidden to lure to themselves, pursue or by other active action seek out polar bears so that it is disturbed or there may be a danger of people or polar bears.
No need to delay the fauna for anesthetic or muskellammende preparations without permission from the Governor.
The use of poison or chemicals for killing is prohibited. The Governor may in special case exceptions from the ban.
section 30 a (hedge against polar bear attacks) any travellers outside the settlements, except for visitors and residents in the organized tour program, are obliged to have knowledge of hedge against polar bear attacks. It should be implemented necessary measures to avoid the risk of attack from polar bears and to be able to fend off such an attack without damage or kill the animal.
Any travellers outside the settlements, with the exception of visiting and resident who is in the organized tour program, should have the appropriate means of intimidation and hunting of polar bears.
The Governor can give further rules on polar bear protection in the regulation.
section 31. (common rules on harvesting) Harvesting and gathering of eggs and down-can only happen on the species that the Ministry has decided in regulation.
The harvesting of the individual species can only happen in the time frame and scope that the agency determines by regulation. It should not be determined høstings time within the propagate and hekketid. The Governor can still give permission to the egg and duns in appeal.
Harvesting should occur without undue suffering for the animals and without creating any danger for people or for property damage. The Directorate provides regulations on the exercise of the hunting, capture and freshwater fishing, including about høstings ways and høstings tools.
By decision after the paragraph here should the emphasis is on that harvesting should not affect the bestandenes composition and development worth mentioning.
section 32. (the right to harvest) Everyone has the right to harvest wildlife and to collect eggs and down in accordance with the rules of and in pursuance of section 31, if nothing else follows from paragraph here or the law on Svalbard § 26.
Harvesting can only be made by the fixed cards (hunting license, fishing license). No one can have a hunting license before the age of 16 years. The Ministry may give closer to the regulation on card and fee for card and Dec, about training and trial as a condition for a hunting license, about access to participate in hunting and trapping in the training purposes, and whether the other conditions for harvesting.
The Ministry may for certain species give the regulation on that only permanent residents shall have the right to harvest, or that the harvesting can only happen with Employed husband's permission. Within the framework of regulations under section section 31 and 32 can the Governor give closer to local regulations by regulation. In a permit may be set criteria, including about which sites or time period to apply for permission, the amount of which can be harvested, and what kind of høstings ways or tools that can be used.
The Governor can give winter-over trappers residing in the capture cabin all rights reserved to harvesting within a restricted area and period of time. Prior to such all rights reserved will be given, should the Governor announce the access to apply for exclusive rights within a specified time limit. In decisions regarding all rights reserved the exclusive right which species are set includes. It can be set criteria, including whether execution of tasks with supervision, jf. Chapter VIII, and training. The Ministry may provide regulations on the allocation of trapping sites with exclusive rights to harvesting and determine the special rules for harvesting for trappers, as mentioned in paragraph here about what length of time can take place, harvesting what amount of which can be harvested and høstings ways.
The Governor may order reporting and collection in conjunction with the permissions to harvesting. In case of follow up of such an order the Governor can deny the corresponding permission the coming season.
section 33. (right to the killing to protect the person or property) Fauna can be put to sleep when it is required to remove an acute danger of a person's life or health or for significant damage. Killing or attempted killing shall be reported as soon as possible to the Governor.
Invertebrates and single-celled animals that are to damage or nuisance, as well as small rodents, can be put to sleep. The prohibition in § 30 last paragraph does not apply to killing of small rodents.
section 34. (killing after special permission) The Governor can give permission to euthanize animals that take stay at fixed or temporary settlements, and that involves a risk of injury or significant damage. Killing in pursuance of such permission can only happen if it in reasonable extent is tried other measures to ward off harm.
section 35. (dogs) In areas open to ordinary habitation dogs must be followed in the proper manner when they run loose. The Governor, or the Ministry can provide authoring, regulations on the leash for the dog.
section 36. (preparation of fauna etc..) The Ministry may provide regulations on preparation of fauna and of Taxidermists and their business.
section 37. (exception) Even if it can not be given permission to an action after this chapter, the Governor may make exceptions from the provisions of chapter for scientific purposes or when other special reasons completely.
Chapter v. cultural heritage section 38. (parent principle) Cultural heritage of Svalbard to Verne's and are maintained as a part of the cultural heritage of Svalbard and identity and as part of an overall environmental management.
§ 39. (protected cultural relics) Automatically listed are: a) fixed cultural relics from the time before 1946;
b) solve the cultural relics from the time before 1946, when they come for the day at random, by investigation, excavation or otherwise.
Traces of human graves of all kinds, including crosses and other grave markings, as well as bones and bone fragments in and on the mark surface is fixed cultural relics that are automatically listed regardless of age. The same applies to the skeletal remains of slaughter places for Walrus and whales, and in conjunction with even shot for polar bears.
With to a fixed automatically listed cultural heritage belong a restraining zone around the visible or known, insofar as the 100 metres in all directions if not the Governor sets out another refinement. Solve the cultural heritage is considered to be fixed when they are tied to a specific locality, jf. § 3 letter g. The Agency may by decision time digit memories of culture after 1945 with special cultural-historical value. Conservation decision includes a fixture (cabinets, ovens, etc..). When special reasons warrant, can also fixed fixtures and objects are included. In this case, the objects be specified.
The Directorate may by decision a digit vedtaksfredet the area around the cultural heritage as far as it is necessary to preserve the impact of cultural memory in the environment or to protect scientific interests that relate to it. The Directorate determines in doubt what is automatically listed fixed or resolved the cultural heritage and can stop the conservation of specific cultural heritage.
section 40. (temporary conservation decision) When particular reasons, the Governor hit the decision on the temporary conservation of fixed or loose cultural monuments and sites as mentioned in section 39 fourth and fifth paragraph, until the issue of conservation is finally settled.
§ 41. (case management by conservation decisions) Decision pursuant to section to section 39 and 40 are individual decisions by administrative law. The decision shall be announced to Lyse's stuff and the Governor sees fit.
§ 42. (contents of the automatic conservation) Unless otherwise laid down in pursuance of this law, no damage, excavate, move, remove, alter, cover, hide, or spoil a automatically listed cultural heritage with protection zone, or take steps that could lead to the danger that such a thing happens.
Without after permission from the Governor must no set up tent or burn a fire in fuse zone. Wild camping on frozen and snow covered mark is still allowed in the protection zone.
The Governor can regulate, including ban, habitation within the protection zone, which alone or over time can counteract the purpose of protection.
section 43. (property rights for settlements resolve the cultural heritage) Settlements resolve the cultural relics are Government property when it seems clear that there is no reasonable opportunity to find out if there is any owner or who is the owner. The Agency can leave culture memory completely or partially to the Finder.
§ 44. (dispensation and action holder special duties to protect cultural relics) When a business is scheduled, to action holder at your own cost, examine whether the business will affect the automatically protected cultural relics in a manner as mentioned in section 42. The agency determines as soon as possible whether and in case the manner in which the measure can be implemented.
It turns out first while the work is in the time that it can affect the automatically protected cultural remains in violation of section 42, should the Governor be notified pursuant to section 62 the second paragraph and the work be stopped. The agency determines as soon as possible about the work can continue and the terms of the discoveries that come forward. by surveys and excavation or under the business, should be documented and be fixated on action holder's expense, if not otherwise determined under section 98. Findings to body within one year, if not the Governor extends the deadline.
The Directorate can in special cases make exceptions from decisions about conservation and conservation provisions for measures that does not cause significant interference with the protected culture memory or the protected area.
§ 45. (surveys, upkeep and maintenance) The Agency has the right to search for, dig up, investigate and document automatically protected cultural monuments and can give permission to another implementing such measures. Cultural memory to be brought back to the condition it was before the measure, if not the Directorate sets out the other. The Governor can take up resolve cultural relics and meet necessary measures to take care of them. The Governor can maintain, fencing and take action to demonstrate fixed protected cultural relics, including clean the surrounding area, among other things, to avoid harm to people and animals. Such measures can also meet in the protection zone. Measures out of maintenance, such as finishing, restoration, reconstruction and removal, requires an exemption under section 44.
Before it hit about a culture measures fixed memory, to the owner or rights holder will be notified and have the opportunity to make a statement after the rules of the administrative law section 16. The measure applies to a fixed culture memory that is in use, it can only be set in the works with the consent of the owner or user, whether or not the measure is needed to prevent decay.
There is a risk for decay, the Directorate can impose on the owner or user to implement measures to counter this.
section 46. (exit point and the return of cultural relics) No need to perform from Svalbard settlements cultural relics that are found or have their origin in the Svalbard archipelago.
The ban in the first paragraph does not apply when in or in pursuance of the regulation is specific that discovery material permanently or temporarily to be kept outside of the Svalbard archipelago.
In special cases, the Directorate to give permission to the exit point.
The provisions of the Act 9. June 1978 No. 50 on cultural relics, as to the introduction and the return of illegally performed the cultural property § § 23a-23f, applies for the Svalbard archipelago so far they fit.
Chapter VI. Spatial planning in the planning areas of section 47. (chapter scope and purpose) The rules in this chapter apply to the areas that the King determines by Regulation (plan areas).
Planning for this chapter to facilitate the coordination of the various interests that relate to land disposal and the design of the buildings in the plan areas. It should provide the basis for decisions about the use and protection of resources and development, and help to promote the aesthetic considerations.
section 48. (responsible for the drafting of the area plan) The landowner or the Ministry authorizes the plan administrator is the individual plan area, and will make sure to conduct an ongoing planning for the use and protection of areas in the planning area.
section 49. (area plan's content) Each plan area shall have a surface area plan with complementary provisions that show existing and future land use plan for the entire site. Level of detail may vary depending on specific needs to control land use. The plan should be sufficiently detailed to ensure the purpose of the rules in this chapter.
Area plan, or part of it, be taken up to revision as conditions make it required. The plan administrator should at least every four years to consider whether revision should be undertaken.
The plan will be in the required extent map attachment: 1. building sites, if necessary with closer indication of what kind of buildings 2.
Cabin areas 3.
Culture memory-, nature-and outdoor areas, separately or in combination 4.
Areas for the raw material extraction 5.
Research areas 6.
Roads, airports, ports, cable cars, high-voltage wires and other important links in the communication system 7.
Specialty areas, including risk areas 8.
Areas of special use or the protection of the sea and waterways, including the habitation-, fishing-, nature-and outdoor areas, separately or in combination 9.
Areas that are protected pursuant to chapter III of the law.
It can be fixed several purposes within the same area.
The plan should include a plan description that clarifies how the consideration to the environment (including natural environment, cultural heritage and aesthetics) and local communities (including security and children's needs) are taken care of. If the plan can get the effects to the environment outside the site, the review also include this.
b) complementary guidelines, specifying the guiding principles for the practice of the plan, and that it should be taken into account by decision after this chapter and sections 57-58.
§ 50. (application development area plan) The plan administrator should make sure to customize the plan the work of the conditions in the individual plan area. In each plan area may be a permanent Advisory Committee for the plan matters that gives statements to the proposed plans.
The landowner and organs with tasks that apply to resource exploitation, protection measures, development or social and cultural development within the plan area, have the right to participate in the planning work. Such bodies shall at the request of the plan managers participate in the Advisory Committee for the plan matters.
By the start of planning work to plan responsible announce that planning work will be set in motion, and by the way do the planning work publicly known in an appropriate manner. By the preparation or revision of the whole area plan or part plans to plan responsible prepare a plan program that prepares what conditions it will be to clarify for in the plan. Affected organs and organizations, etc. who have special interests in the planning work will be given the opportunity to respond to the plan application. Finally plan program shall be made known by the plan administrator, so that the frames and assumptions can be the subject of public debate.
The draft plan should be laid out to public scrutiny and be sent to the opinion at affected organs and organizations, etc. who have special interests in the planning work. It can be set a time limit for the statement that must be at least 30 days. State Governments can raise objection against the plan draft when it comes to relationships within their area of responsibility. The Ministry may determine which organs that can travel dispute.
§ 51. (private suggestions) Property owners, licensees, or other interested parties can promote plan proposals for the plan administrator. The plan administrator shall as soon as possible process the proposal. If the plan administrator does not find reason to go ahead with the proposal, will be proposing during the directed in writing. Proposing can claim to get the plan question put forward for the fixed range for plan cases in which such a selection exists.
§ 52. (adoption of the plan) The plan administrator adds after the hearing in accordance with section 50 a processed suggestions to plan forward for the Governor or the Department determines.
The Governor or the Department determines, may hit the decision whether to approve the plan when there is no objections, or it is taken into account the objections. Decision on the approval shall meet no later than a month after a complete plan document is received, if not special conditions are fulfilled. If so, should the plan responsible under directed in writing by the end of the deadline with information on when a decision will be hit. Approved plan sent Ministry to the orientation.
There are objections that it is not taken into account in the plan, the Governor can mediate in the case. If the mediation does not lead to a solution, the matter is sent to the Ministry. The Ministry can make the changes to the plan that are required.
Decisions under this section shall be justified after the administrative law sections 24-25. It can be appealed under the rules of the administrative law chapter VI. If the Ministry hit in pursuance of the decision, third paragraph, the decision can be appealed anyway.
The plan administrator should make sure to announce the approved plan in the appropriate manner in the local community.
section 53. (area the plan's effects) New business, including construction, building, construction, demolition, excavation, filling, earthworks and other resource exploitation, as well as the Division of property for such purposes, shall be in accordance with the land use and provisions established in the approved plan.
Conservation pursuant to chapter III-V go ahead of schedule.
§ 54. (temporary ban on business and Division) Find the Governor or the Department determines, that the within a subsite must be worked out a changed or more detailed plan, he or she can decide that the business and it was separated as mentioned in section 53 cannot be set in the time before the plan is approved. The ban may not last longer than one year. The Ministry may in a particular case extend the deadline.
section 55. (State area plan) When the implementation of important development, fixed-or protective measures makes it necessary, or when other societal considerations warrant, the Ministry can even work out and adopt a land plan according to the rules in this chapter.
Chapter VII. Business with consequences for the environment. General rules section 56. (localization of settlements and business activity) Settlement and business activity shall as a rule be localized to plan areas, cf. section 47, and so that miljøulempene is at least possible.
§ 57. (requirements for permission outside the plan areas and in plan areas without approved plan) It needed permission from the environmental protection authority for Svalbard the following measures outside the plan areas and in plan areas without approved plan: a) terrain intervention;
b) business that can more pollution;
c) hotels, hostels and other accommodations for the general public;
d) business that may affect an automatically listed cultural heritage in violation of section 42, jf. section 44;
e) other business that can load the environment on Svalbard when the Ministry has given the regulation on it;
f) changes in existing facilities or the use of it if it changes the resort's character or effects of the natural environment;
g) devices or facilities that are not fixed associated with reason and that can affect the landscape.
Permission under this section must be released before business begins. The application shall give an account of what impact the business can get for the environment. The Ministry may provide regulations that applications should be submitted at the hearing or put out to public scrutiny.
The one that put forward more details about a planned business, may require that the Governor determines whether the business will require a permit under this section. The Governor takes position on what information needs to be added to be able to hit such a decision.
section 58. (business in plan sites with approved plan) Before initiating business or Division in the planning areas with approved plan, to action holder give notice to the plan administrator and the Governor or the Department determines. The message should provide sufficient information to show whether your business or Division is in accordance with the plan.
Starting can happen three weeks after the message is received, if not a) business is in violation with the plan, b) the Governor has set out temporarily ban under section 54, or c) it required permission after the third paragraph.
Before starting it is required the permission of the Governor, even if the business is in compliance with the approved area plan, if a) plan does not have supplementary provisions on size or performance that your business stays within, b) business may seem unattractive or more pollution out of the plan's supplementary provisions on pollution from residential, recreational House or business, c) business can get the effect of protected cultural relics or the natural environment outside of the plan area , jf. section 44, or d) business can have a significant and long-lasting effect for the environment.
Is the business in violation of the plan, it cannot be committed without the plan is changed. The Governor can still give permission to the business that is in conflict with the complementary provisions to the plan.
section 59. (specific impact assessment) Action holder should get prepared impact assessment for business that needs permission by law here and that a) can get more than negligible effect for the natural environment outside the plan areas, or b) can have significant and long-lasting effect for the environment and society in a plane area.
Impact assessment to illuminate the action impacts on the environment as the basis for consideration and decision by the application. The Governor can decide that the impact assessment also shall include the implications for local settlement and for other legitimate business. Impact assessment shall be drawn up on the basis of a development assessment program approved by the Governor.
The planning measures as mentioned in the first paragraph, to send the Governor notice of proposed assessment program at the earliest possible. Is it submitted application pursuant to section § 57-58 without notice, the Governor can reject the application.
The Ministry may provide regulations on impact assessment, including about which businesses that need to konsekvensutredes. The Governor determines if a business goes under the first paragraph and can hit the decision on that for a particular business is unnecessary to prepare impact assessment.
section 60. (the use of special impact assessment) Action holder application should be worked out together with the impact assessment and show how the impact assessment is assumed. The Governor submits the application, and impact assessment at the hearing.
If it in paper or in any other way be revealed new conditions that may have significant importance for the business impacts for the environment, the Governor may require additional studies. It could not be granted permission before the Governor has accepted that the obligation to draw up impact assessment are met. If your business is not commenced within five years after the permission was given, it must be worked out new impact assessment under section 59, if not the Governor release for this.
section 61. (decision of the application) In the grounds for the decision shall be specified how a specific impact assessment pursuant to section 59 with incoming statements are reviewed, and what impact they have had for the decision.
In a permit should be set criteria that are tjenlige to fulfill the purpose of the rules of this law. It can be given the security criteria including completion for the costs of cleanup, cf. section 64. It is prepared a impact assessment under section 59, it shall normally be set criteria under section 62.
Notification is given under the rules of the administrative law section 27 to all who have spoken out to the application or impact assessment.
section 62. (monitoring and action against unforeseen effects) Action holder will be in accordance with the terms and conditions in the permit conduct a regular and effective monitoring of the environment to a) consider the effects of ongoing business, including verification of predicted impacts, and b) facilitate that unforeseen effects can be detected at an early stage.
If it is under the business exposed to unforeseen effects, should the Governor be notified without delay.
section 63. (change, reversal and disappearance of permission) The Governor can change or revoke a permit under this Act or the terms of it, if a) it is necessary to prevent unforeseen adverse effects to the environment;
b) the harmful effects that the business has for the environment, can be mitigated without disproportionate cost to action holder;
c) it is necessary to fulfill the international obligations that Norway has undertaken with regard to Svalbard;
d) new technology makes it possible to reduce the miljøulempene significantly;
e) action holder contravenes provisions given in or pursuant to this Act, and the infringement is significant, recurring or persists;
f) officials with the supervisory authority are denied access to the enterprise area;
g) it is not being asked security when there is cleanup necessary after § § 61 or 64.
Reversal in any case can happen when it's been ten years since the decision. The Governor can heave on the limitations and conditions in a permit if experience shows that it can happen without the harmful effects of any significance for the environment.
A permission that is not used, the five years after it was given.
section 64. (Cleanup) If a business is discontinued, or stops, to action holder do what is necessary to counter the damage to the environment. Business can lead to damage to the environment by closing down the plant or driftsstansen, it shall within a reasonable time in advance given the message to the Governor.
When a business or part of it expires, to action holder at your own cost to remove from the site all installations on the surface, all waste and other casts that are not protected cultural relics after chapter V. The site should as far as possible be restored to its original appearance. The Governor can issue an order about which measures to be carried out, including on the treatment of polluted ground. The Governor can claim that there is security for the costs of cleanup.
When a local community in a plan area to be wound up or vacated in the essentials, to the plan administrator provide the Governor message as early as possible. It should be worked out a plan for cleanup and possibly conservation after further determination of the Governor.
The one that will start up business with permission under § § 57 or 58 after it has been stopped for more than two years, must give notice of this to the Governor. The Governor determines whether it must apply for new permission before the business initiated.
Posthumous vehicles, ships, aircraft, other vessels and the like should be removed by the owner.
The Governor may exempt for the duty of cleanup under this section.
II. Pollution and waste section 65. (common rules on pollution) No need to have, do or put in place something that could lead to the danger of pollution without that this is legal by law here.
When there may be danger of pollution in violation of the law, or decision pursuant to the Act, to the person responsible for the business that the danger from, provide for measures to prevent the change occurring. Environmental protection authority can issue an order for such action. It occurred to the responsible pollution, take measures according to the rules in section 93.
§ 66. (environmental contaminants) No one gets out contaminants in the environment.
Traces of contaminants in common emissions from household, services or any other activity that involves the discharge of corresponding scope are not covered by the ban.
The Ministry may on closer terms make exceptions from the first paragraph of existing business activity. If the ban causes unintended consequences for new business activities, which is found environmentally responsible in the Svalbard archipelago, the Ministry can also, if necessary, make exceptions for such business.
The Ministry may decide that certain products that contain contaminants do not need to be introduced or used on Svalbard.
section 67. (emissions from ships) No one gets out the waste in the sea from ships or other vessels. The discharge of clean food waste from small boats or of sanitært waste water in the open sea, is still allowed.
section 68. (dumping and burning of waste or other material) Dumping and burning of waste or other material from ships or other vessels is prohibited. The ban does not include the burning of waste that occurs as a result of the ship's normal operation and which is allowed according to the regulations 16. June 1983 Nr. 1122 about preventing pollution from ships (MARPOL Regulation). The Governor may grant permission pursuant to regulation 1. June 2004 No. 931 on the restriction of pollution Chapter 22 Dredging and dumping in the sea and waterways.
section 69. (the Association's duty to wastewater treatment plants and operating responsibility) The Governor or the Department authoring, can give an order that buildings in a plane area will be linked to wastewater treatment plants. The Ministry may determine who shall have the duty to operate the wastewater treatment plants with associated wiring.
section 70. (acute pollution-emergency response and notification) The doing business that can result in acute pollution, should have the necessary readiness and has a duty to take action to prevent, detect, stop, delete and limit the impact of such pollution. The Ministry may order the person responsible for the business to put forward contingency plan for approval. It can be fixed further criteria for the approval of the contingency plan. With acute pollution is understood the pollution of importance that occurs suddenly, and that is not allowed by law here.
Is it acute pollution or risk of acute pollution, to the person responsible immediately notify the Governor. Also, other have a duty to notify, if it's not obviously unnecessary.
The contingency and special duty under this section, shall be as directed by the charge of the State emergency response assist with equipment and personnel by an action against acute pollution.
The Ministry may provide regulations on who is the emergency and special taxes, emergency-and their scope of action and about the fee of public readiness.
§ 71. (waste) No need to leave behind waste outside the plan areas. The Governor may in special cases make exceptions from the ban. In plan sites need to waste just cleared or be left on the site that is specifically made for the Storage of waste. need to happen so that it can not be spread.
No need to introduce waste to Svalbard.
The Ministry or the Ministry authorizes can provide regulations on a) measures to reduce the amount of waste, b) submission, collection, receipt, transport, sorting and treatment of waste, c) that certain kind waste should be recycled or transported away with the aim of recycling, d) that the waste will be trucked away for treatment elsewhere.
The costs of the measures after the third paragraph shall be borne by the owner or has given rise to the waste.
The Governor can issue an order to prepare a plan for the management and reduction of waste in the plan areas that the Ministry sets out. The Ministry may determine who will be responsible for private collection and disposal of waste in the plan area.
section 72. (waste and waste fee etc..) The Ministry or the Ministry authorizes can give the regulation on fees and annual fees for connection to the wastewater and for the collection and disposal of waste. The fees are set so that they fully cover costs, but the total does not exceed the cost of investment and operation of wastewater treatment plants, respectively, with attached wires, and waste disposition.
The Ministry may give the regulation on waste tax on goods that are traded in the Svalbard archipelago, and whether full or partial refund of the fee by the return of the packaging.
III. Habitation in general section 73. (common rules on habitation in nature) The public's right to access also apply on Svalbard, with the limitations imposed by the law here.
All habitation in Svalbard shall be conducted in a way that doesn't harm, detriment to the message or otherwise degrades the natural environment or cultural heritage or lead to undue disturbance of the people or wildlife.
§ 74. (ban on particularly stressful traffic shaping) The Governor can prohibit traffic forms or mode of funding that is being particularly stress on the natural environment. For motorized habitation comes to § § 79 flg.
§ 75. (traffic restrictions in special areas) The Governor can outside of the protected areas ban or regulate the habitation in avgrensete areas in all or part of the year when this is considered necessary to protect the natural environment, cultural heritage, drinking water supply or scientific research.
section 76. (camp stay) The Governor can give regulations for camp stay. In the regulations it can be determined that it required permission from the Governor to the camp over a certain duration or size.
§ 77. (intervention and supervision) The implementation of police tasks, as well as the emergency response for fire and rescue service, if necessary, can happen without the obstacle of the rules in the law here. The Governor can carry out necessary supervision without hindrance of the rules in the law here.
§ 78. (environmental tax for visitors) The King can give the regulation that the visiting Svalbard, to pay an environmental fee. Environment fee may not be imposed. Environment fee goes into the Svalbard environmental protection fund.
Engine habitation section 79. (common rules on engine habitation) Engine habitation shall be governed from a societal overall view with a view to protecting the natural environment of Svalbard.
Engine habitation outside the built up road or space is prohibited unless otherwise provided for in the law here or in pursuance of the law.
section 80. (engine habitation in the terrain on the bare ground) Engine habitation in the terrain on the bar or tint mark can only take place on a) in different pathways or to the specific purposes set out by the Ministry in the regulation;
b) when special attention is and the Governor has given permission.
section 81. (engine habitation in the terrain on the snow-covered and frozen mark) Engine habitation in the terrain on the snow-covered and frozen mark as well as on frozen waterways and sea areas can be allowed a) in areas and pathways set out by the Ministry in the regulation;
b) for specific purposes established by the Ministry in the regulation;
c) when particular reasons and the Governor after the application has given permission.
It shall be determined under subsection regulations letter a in which the residents be ensured a more comprehensive access to the engine habitation than visitors. Limitations of the engine must be fastboendes habitation justified in environmental protection needs related to Svalbard, or in the need to separate motorized and non-motorized transport.
section 82. (engine habitation in waterways and sea) Engine habitation in inland waters is only valid with the permission of the Governor.
Engine habitation at sea can take place in accordance with section 73 when not otherwise set out in or pursuant to the law here.
Engine habitation with water scooter is not allowed. The Ministry may provide regulations on the prohibition of the use of certain types of aircrafts.
The Governor can provide regulations on engine habitation at sea, among other things to fix sailing Manager or areas where it may not be sailed, speed restrictions and provisions on anchoring and mooring. These regulations distinguish between for different purposes. habitation
§ 82 a. (requirements for fuel for motor transport in the sea) the Ministry may fix regulations on fuel quality requirements for ships calling at Svalbard territorial waters. Regulation can decide that in one or more head to be allowed to bring or use other fuel than that which is laid down.
section 83. (the use of aircraft) Engine habitation in the air can be made in accordance with section 73 when not otherwise set out in or pursuant to the law here.
Aircraft must not land on ships or on land or water outside of the landing area that has a licence or is approved by the aviation law. The Governor may on application make exceptions from the first sentence.
No need to fly closer than a nautical mile from the larger, well known concentrations of mammals and birds.
The Ministry may provide regulations on minimum altitudes for the aircraft and on the prohibition of the use of aircraft for tourist purposes.
section 84. (single permissions to engine habitation) When the Governor determines applications for the permission to the engine, it should be built, the emphasis on the purpose of the application, the risk of miljøulemper that the requested access can have, and the goal of a limited engine habitation on Svalbard. Permission will be given, it shall be given justification that shows how these conditions are considered.
The permit should be limited in time and location, and can be restricted to apply to specific cases. It can be set the terms of the permit. The permission can be changed or shall be removed if the consideration to the environment requires.
IV. Rural homes section 85. (the right to own or rent cottages) Leisure cabins can be owned or hired by a) the one who is or has been resident in the Svalbard archipelago, b) associations which has its headquarters in the Svalbard archipelago, and that have employees or members that essentially are permanent residents.
No one can own or rent more than two leisure cabins.
The Governor may in special case exceptions from the rules in this section.
§ 86. (maintenance of cabins) Leisure cabins and their near areas to be held by the same, so they do not disfigure the landscape or their danger to humans or animals.
Chapter VIII. Supervision section 87. (environmental protection authorities ' supervision) Environmental protection agency oversees State and with that the provisions given in and in pursuance of this Act are being complied with. It should be added weight on to lead a so effective supervision as circumstances warrant and with the least possible burden on the environment. The Governor will be through advice, guidance and enlightenment work to promote the purpose of the law here.
section 88. (internal control etc..) To ensure that the requirements set out in or pursuant to the law here is being complied with, or to promote a higher environmental standard otherwise, the Ministry give the regulation on a) internal control and internal control systems, b) participation in international arrangements for the certification, environmental management and environmental audit.
section 89. (disclosure) The who have or are doing something that can affect the environment on Svalbard, duties as directed by the Governor and without hindrance of confidentiality to give the information that the Governor needs to perform their action items under this Act. When special reasons warrant, can the Governor require that information be provided by anyone who performs work for the disclosure after the first period.
section 90. (scrutiny) When it is necessary to perform the action items according to the law, should the Governor have free access to the estate where there's business that can affect the environment, or where the environment can be assumed to be affected. The Governor may also require to get laid back and scrutinize documents and electronically stored material or other material that may have a bearing on action items after the law.
Upon inspection of the business to the Governor first contact with representatives of the business's management, whether or not the purpose of the inspection is prevented or substantially made much more difficult.
section 91. (order survey) The Governor may by individual decisions imposing an action that affects the holder or which there is reason to believe can affect the environment, to provide or pay for research or other measures to a) determine whether and to what extent the business has affected or may affect the environment, b) clarify the cause of or the effects of environmental changes occurred as the business has caused, c) clarify how environment recovery can happen.
section 92. (fee for case management and control) The Ministry may give the regulation on charges for control measures as environmental protection agency performs pursuant to this chapter, and for the treatment of permits, exemptions etc. under this Act or the regulations laid down in pursuance of the law. The fees be set so that the total is believed to not exceed the costs of control scheme or the proceedings. The fee is enforceable for disbursements.
Chapter IX. Enforcement and sanctions section 93. (restore) The one that has affected the environment on Svalbard by violate any provisions given in or pursuant to the law here, to make the necessary remediation measures to discourage further the influence of the environment, and-if possible-restore the previous environment State by staging, cleaning, removal, exposure, levelling or other suitable measures. Measures which in itself can v environmental impact of any significance, should only be taken after consent or an order from the Governor.
The duty of remedy and recovery does not apply to the extent that in light of the costs and the effects of the measures, the environmental impact of the infringement and violators guilt and financial position would be particularly unreasonable.
Within the framework of this section may the Governor issue an order on which the remediation and recovery actions to be implemented, including about the killing of living organisms as the infringement applies, or if the return of living organisms or cultural relics to the place of origin.
§ 94. (ownership of flora and fauna in violation of the law, handled etc..) Flora and fauna that is collected, captured or killed in conflict with the law here, or put to sleep with the authorization in § § the first paragraph 33 and 34, is handled by the Governor. The same applies to fallvilt, parts of the fallvilt and animals are put to sleep by animal protection into account and fauna in conjunction with field research. The scheme after the first and second sentence can be made current by the maker or the dom after the Criminal Procedure Act, rules for confiscation.
The Governor determines how to flora and fauna to outline. The value of the flora and fauna that mentioned in the first paragraph, accrues to the Svalbard environmental protection fund. The Governor can claim compensation for the value if the Governor does not get access to the flora and fauna after this paragraph.
section 95. (replacement) The one that inflicts environmental damage by violate any provisions given in or pursuant to this law, is obliged to pay compensation without regard to fault for the financial loss as a result of the environmental damage. The one that indirectly have contributed to environmental damage (by delivering goods or services, conduct or supervision or otherwise), is still only responsible as far as it is expelled intent or negligence.
The responsibility under subsection also includes a) economic loss because environmental damage prevents or hampers practicing public right of fuelling, b) costs or loss by reasonable actions to prevent or avbøte environmental damage or restore environmental condition, c) costs that some have had to clean up waste that was left in violation of § 71.
The Governor may order the as by disobeying the provisions given in or pursuant to this Act have caused significant environmental damage, to pay environmental compensation to the Svalbard environmental protection fund. Environment erstatningens size is determined from the affected environment verdiers meaning, wound the environment and duration, violators, other sanctions imposed on the offender and the circumstances by the way.
Employed the man's decisions about environmental damages after the third paragraph is enforceable for disbursements. The replacement requirement may also be taken up in the criminal case. Gets the replacement requirement brought in to the Court in the criminal case, in civil proceedings or by the complaint of utleggs business, the Court may try the replacement requirement fully. The decision cannot be appealed after the management rules of the law. Notification of the decision shall provide information on the rules in the link here.
Paragraph here applies as far as not otherwise provided by international agreements that Norway is affiliated with effect for Svalbard.
section 96. (coercive) To ensure that the provisions of this Act or decision pursuant to the law are being implemented, the Governor can fix coercive to the environmental protection fund of Svalbard.
Coercive can be determined when the violation of a provision is detected. Tvangsmulkten then begins to run if the responsible oversitter the deadline for the correction that the Governor has set out. Coercive can be determined in advance if special reasons warrant, and runs when from a violation, if any, to take. It can be determined that the tvangsmulkten as long as it is running illegal relationship items, or that it is due for each violation. Coercive still does not run if the compliance is impossible because of the relationship that is not attributable to the person responsible.
Is the infringement occurred on behalf of a company or other association, a foundation or a public body, the tvangsmulkten usually imposed on this. Is a company that imposed coercive fine is part of a group, can be incurred also in coercive collectible's parent company. The Ministry may waive accrued coercive.
section 96 a. (violation fee) the Governor may order the one that intentionally or negligently contravenes the provisions of § § 16 the second paragraph, 26 to 28, 30 a, 30 to 33, 35, 42, 46, 65 to 68, 70, 71, 73, 79 second paragraph to 83, 86 and 94 of the act here to pay violation charge to the Svalbard environmental protection fund.
In the regulations the Ministry can give further provisions about the violations mentioned in the first paragraph that could lead to violation fee. Moreover, the regulations provide further provisions on the determination of violation fee, including size of the fee.
Final decision on violation charge is enforceable for disbursements. The courts can try the size of violation charge.
Enterprises can be imposed in accordance with the violation fees first to the third paragraph when the infringement is committed by someone who has acted on behalf of the entity. This applies even if no single person can be violation fee.
section 97. (direct execution) Are the duties imposed by the law or decision pursuant to law is not obeyed, the Governor can even provide for the necessary measures to get the duty. Before this occurs, the Governor give the responsible forecast with the short term in order to implement the measures. Notice can unnlates if urgent measures for the sake of the environment, or it is unclear who is responsible.
By implementing measures under subsection the Governor can make use of and, if necessary, malicious on the their property. The Governor may, if necessary, decide that the consideration can be made to the use of or voldes damage also on other people's property. The State represents the consideration.
Employed the man's expenditure for the measures covered may be required by the responsible. The claim is enforceable for disbursements.
section 98. (The Svalbard environmental protection fund) Svalbard environmental protection Fund consists of funds collected pursuant to § § 32 second paragraph, 78, 94, 95, 96 and 96 a. The Fund's assets may only be used for measures in the Svalbard archipelago which have to purpose to protect the environment. It can be used for a) surveys and measures to map and monitor the environment condition, causes of environmental impact and environmental impacts of operations, b) restoration of the environment State, c) supplements to the upkeep, maintenance and scrutiny of cultural relics so far this can not be expected covered by it managers, d) information, training and facilitation measures.
The Ministry shall appoint a Board of the Fund and can provide rules on how to outline it. Decisions about the allocation from the Fund is not considered individual decisions by administrative law.
section 99. (punishment) The one that intentionally or negligently contravenes provisions laid down in this Act or in pursuance of the law, is punishable by fines or imprisonment up to 1 year. Is it occurred or done the danger of significant environmental damage, or that by the way is particularly aggravating circumstances, imprisonment up to 3 years is applied.
The public prosecution authority to prosecute violation of this provision, jf. Code of criminal procedure § 62 a.
Chapter X 100. final provisions section. (supplementary regulations) The King can give supplementary regulations to the execution of the law.
§ 101. (entry into force) This Act takes effect when the King decides. 1 the King may decide that different provisions to take effect to a different time.
section 102. (transitional provisions) Regulations issued in pursuance of the law 17. July 1925 No. 11 about the Svalbard archipelago which will have legal authority in the law here, still stands at the team until the King determines the other.
§ 103. (changes in other laws)-
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