Law On The Acquisition And Exploitation Of Mineral Resources (Mineral Law)

Original Language Title: Lov om erverv og utvinning av mineralressurser (mineralloven)

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Law on the acquisition and exploitation of mineral resources (mineral law)


Date LOV-2009-06-19-101


Ministry of Industry and Ministry of Fisheries

Edited

LOV-2013-06-14-45 from 01/01/2014


Published in 2009 Booklet 7


Commencement 01/01/2010

Changes

LOV-1914-07-03-5, LAW-1949-06-17-3, LAW-1952-03-21-1, LOV-1972-06-30-70

Promulgated
19.06.2009 kl. 16.45

Short Title
Minerals Act

Chapter Overview:

Chapter 1. Introductory provisions (§§ 1-7)
Chapter 2. Exploration (§§ 8-10)
Chapter 3. Examination of landowner minerals (§§ 11-12)
Chapter 4. Examination of state minerals (§§ 13-27)
Chapter 5. Recovery Right landowner minerals (Section 28)
Chapter 6. An extraction permit to state minerals (§§ 29-36)
Chapter 7. expropriation (§§ 37-40)
Chapter 8. Operation (§§ 41-46)
Chapter 9. General provisions (§§ 47-54)
Chapter 10. fees and charges (§§ 55 - 58)
Chapter 11. Supervision (§§ 59-61)
Chapter 12. management measures and administrative penalties (§§ 62-67)
Chapter 13. Commencement and transitional provisions (§§ 68-70 )

Ref. former lover 3 July 1914 no. 5, June 17, 1949 no. 3, March 21, 1952 no. 1 and 30 June 1972. 70.

Chapter 1. Introductory provisions

§ 1. Purpose The purpose of the Act is to promote and ensure socially responsible management and use of mineral resources in accordance with the principle of sustainable development.

§ 2. Considerations for management and use of mineral resources within the scope of § 1, the management and use of mineral resources under this Act safeguarding:

A)
wealth creation and economic development,

B)
natural resource base for Sami culture, business and society,

C)
surroundings and nearby areas during operation

D)
environmental consequences of extraction, and

E)
term planning for the subsequent use or reversal of the area.

§ 3. Subject scope The Act applies activities whose purpose is to identify mineral resources with a view to recovery.
The Act applies to any extraction of mineral deposits. The law does not apply to withdrawals that are primarily part of other utilization of the land.
Ministry may issue regulations on the activities or withdrawal covered by the law. Similarly, can be determined by the Directorate of Mining by individual.

§ 4. Geographical extent Act applies to Norwegian territory, except Svalbard. The law does not apply outside the private property law limits the sea.

§ 5. Other legislation permits under this Act does not replace the requirement for a permit, approval, land-use planning or licensing by other legislation. Exploration, exploration, production and development of mineral deposits can only be exercised within the limitations imposed by this Act and other legislation.

§ 6. Relationship to international law Act shall be applied in accordance with international law of indigenous peoples and minorities.

§ 7. Act mineral categories with state minerals meant in this law:

A)
metals with a specific gravity of 5 grams / cm³ or higher, including chromium, manganese, molybdenum, niobium, vanadium, iron, nickel, copper, zinc, silver, gold, cobalt, lead, platinum, tin, zinc , zirikonium, tungsten, uranium, cadmium and thorium ores of such metals. This does not apply alluvial gold

B)
metals titanium and arsenic and ores thereof

C)
pyrrhotite and pyrite.

With landowner minerals meant in this law all minerals that are not state minerals under subsection. This does not apply petroleum by law 4 May 1973 No.. 21 on exploration for and production of petroleum in Norwegian territory.

Chapter 2. Exploration

§ 8. The right to search Anyone can search for mineral deposits in foreign fields with the limitations imposed by this Act and other legislation. Exploration right does not include the collection of minerals that lie outside the legislative intent and scope.
Search shall not preclude others research, production and operations under this Act.

§ 9. Exploration court's scope searching party may undertake such works on the surface that are necessary to detect mineral deposits.
Interventions that can cause damage of importance, can not be made without the consent of the landowner and the user of the land.

§ 10. Notification obligation searching party shall notify the landowner and the user of the land at least one week before a search is initiated. Notification can be made orally or in writing. If there is cause unreasonable inconvenience to notify verbally or in writing, notification can be by publication in a newspaper that is widely read locally.

By exploration in Finnmark are additionally written notice Sami Parliament, Finnmark Estate as landowner, county and district board for reindeer herding. When practicable, the siidas, cf. Act of 15 June 2007 no. 40 on reindeer husbandry (Reindeer Herding Act) § 51, notified orally. Notification shall take place as early as possible and no later than two weeks before the search is begun.
Ministry may issue regulations on notification duty and on exceptions to this.

Chapter 3. Examination of landowner minerals

§ 11. Agreement on exploration permit Whoever will examine instances of landowner minerals, must enter into an agreement with the landowner. If no agreement is reached, it may apply for expropriation, ref. § 37.

§ 12. Sampling In addition to agreement with the landowner requires sampling a special permit from the Directorate of Mining. With sampling means outlet that is needed to assess the deposit's commerciality. Permission for sampling can not be granted for the extraction of more than 2000 m³ loads except in special cases. It may be subject to conditions.
Before granting authorization, the Directorate of Mining shall give the owner, user of the land, the county, the county and the municipality an opportunity to express themselves.
Exploring party shall give written notice to the Directorate of Mining least three weeks prior to work commencing. Directorate of Mining shall notify the municipality, the county and the county.
By sampling in Finnmark, § 17, second to sixth paragraphs accordingly.

Chapter 4. Examination of state minerals

§ 13. Application for an exploration permit Whoever will secure the right to investigate instances of state minerals, must apply to the Directorate of Mining for an exploration permit. An exploration permit can only be denied if the applicant has previously breached material provisions made in or pursuant to this Act.
The investigator may only get one exploration permit in the same area.
Whoever has an extraction permit for the occurrence of the state's minerals may not apply for an exploration permit in the same area.
In Finnmark, the Directorate of Mining orientate landowner, Saami Parliament, county, district board for reindeer herding and municipality of the permit.

§ 14. Relationship to other licensees Investigators with the same priority in a region has an equal right to conduct investigations.
One examines can not without the consent conduct investigations in the area for another check with the better priority or extracting deposits of state minerals.

§ 15. The survey area Ministry may issue regulations concerning the exploration area, including on its shape and size.

§ 16. Priority Under Applicant's priority in a survey area calculated from the day the application for an exploration permit coming into the Directorate of Mining.
Ministry may issue regulations concerning the calculation of the priority.

§ 17. Applications for research in Finnmark In Finnmark exploration permit does not confer a right to undertake exploration or sampling before the Directorate of Mining has granted special permission for this.
Examines shall make reasonable efforts to obtain information about directly affected Sami interests in the area to be examined.
Special permission may be refused if to Sami interests speaker opposes the granting. The evaluation will be given to the interests of the Sami culture, reindeer husbandry, commercial activity and social life. Application is granted, conditions may be imposed in order to safeguard these interests.
When examining the application, the Directorate of Mining shall give the owner, Sami Parliament, municipality, county and district board for reindeer management an opportunity to express themselves.
If the Sami Parliament or landowner opposes the granting, the application shall be decided by the Ministry.
If the Ministry grants the application in cases mentioned in the fifth paragraph, the appeal to the King of the Sami Parliament or the landowner suspensive effect.

§ 18. Notification obligation exploring party shall give written notice to the Directorate of Mining, the owner and user of the land at least three weeks prior to work commencing. Directorate of Mining shall notify the municipality, the county and the county.
In Finnmark shall examine in addition give written notice to the Sami Parliament, county, and district board for reindeer herding. When practicable, the siidas, ref. Reindeer Act § 51, notified orally.
The notification shall contain a plan for the work and for access to and within the exploration area, an account of the potential damage that can occur and what measures should be taken in order to prevent such damage.
Ministry may issue regulations concerning the notification obligation.


§ 19. Investigation Court content The examiner may perform the necessary examinations to assess whether there is a deposit of minerals such an abundance, size and nature that it may be presumed to be commercial, or to become commercially viable within a reasonable time. The exploration permit covers the necessary access to the ground in order to make investigations, including temporary storage. The exploration permit does not veirett.
Measures in the ground that can cause material damage can only be made with the consent of the owner and user of the land.

§ 20. Sampling Sampling requires a special permit from the Directorate of Mining. With sampling means outlet that is needed to assess the deposit's commerciality. Permission for sampling can not be granted for the extraction of more than 2000 m³ loads except in special cases. It may be subject to conditions. § 12 second and third paragraph apply correspondingly.
By sampling in Finnmark, § 17, second to sixth paragraphs accordingly.

§ 21. Collateral If the owner or user of the land requires, the investigator provide security for the costs of security measures in accordance with § 49, cleanup in accordance with § 50 and for the responsibility that may arise under § 52.
dispute about the extent of collateral determined by appraisement, ref. § 53. Before such a dispute is settled, exploration may not take place without the valuation tribunal consent.

§ 22. Termination of the exploration permit exploration permit expires when seven years have passed from the day it was issued or when the extended deadline pursuant to § 23 has expired. The deadline of seven years running only from the date on which gets the best priority in the survey area.
When application for an extraction permit or extension of the exploration permit is received by the Directorate of Mining before the expiry of the deadline under subsection at the earliest, 30 days after the rejection of the application or the earliest simultaneously with extraction permit is granted.

§ 23. Extension of the exploration permit Directorate of Mining may extend the deadline under § 22 first paragraph, first sentence up to three years, if the applicant substantiates that the investigations can not be completed within the deadline because of extraordinary circumstances not attributable to the applicant.
Dispute has arisen about the exploration permit or the right to conduct investigations, the Directorate of Mining on application extend the deadline under § 22 first paragraph, first sentence of as long as work has been prevented because of the dispute.
The application for extension must be received by the Directorate of Mining before the expiry of the deadlines under § 22.

§ 24. Quarantine upon termination of an exploration permit or exploitation concession The former has had an exploration permit with the best priority, can not get new exploration permit in the same study area until one year after the exploration permit ceased.
The previously experiencing exploitation permit for deposits of state minerals, can not get new exploration permit in the same production area until one year after the extraction permit ceased.

§ 25. Investigation Report, measurement data and sample material Ministry may issue regulations concerning an applicant's obligation to prepare, store and submit investigation reports, measurement data and sample material.

§ 26. Assignment of an exploration permit exploration permit may be transferred. The transfer must be approved by the Directorate of Mining. Upon transfer applies §§ 13 and 27 correspondingly. Application for approval shall be sent to the Directorate of Mining without undue delay after the transfer agreement has been signed.
If a party acquires more than 50 per cent of all shares or voting rights in a company with an exploration permit and the transferee or any other person or entity referred to in § 27 first paragraph already has an exploration permit for the same or overlapping area, the one right either sold or apply for its cancellation.
Directorate of Mining shall set a time limit for disposal or petition for annulment. If the time limit, the Directorate of Mining delete one of the rights.

§ 27. Equality of people and companies with searching following persons or entities shall be equated with the applicant for the purposes of § 13, second and third paragraphs and § 24:

A)
spouse or person whom the applicant lives together in a marriage-like relationship,

B)
relatives in direct ascent or descent and siblings of the applicant,

C)
relatives in direct ascent or descent and siblings of a person referred to in subparagraph a,

D)
company within the same group as the applicant,

E)

Company where the applicant or with someone who mentioned under a to d owns more than 50 per cent of all shares or voting rights, and

F)
person as yourself or with someone who mentioned under a to e owns more than 50 per cent of all shares or voting rights in the viewfinder.

Directorate of Mining may grant exemptions from the first paragraph by individual.

Chapter 5. Recovery Right landowner minerals

§ 28. Agreement on recovery right Whoever will recover incidence of landowner minerals, must enter into an agreement with the landowner. If no agreement is reached, it may apply for expropriation, ref. § 37.

Chapter 6. An extraction permit to state minerals

§ 29. Application for an extraction permit Examines with best priority may apply to the Directorate of Mining for extraction permits. An extraction permit shall be granted when the applicant indicated that the exploration area contains an instance of state minerals such an abundance, size and nature that it may be presumed to be commercial, or to become commercially viable within a reasonable time. It is not assignable Multiple extraction in the region.
If the application concerns areas not covered by the area of ​​exploration permit, the application also as an application for an exploration permit. The application gets priority from the day the application was received by the Directorate of Mining.
Investigators with the same priority are equally entitled to seek recovery right. If extraction permits granted to more than one, they get right jointly, unless the parties agree on another arrangement. In case of disagreement about the utilization of the extraction permit, each of them requiring community dissolved. Law of 18 June 1965. 6 about SAMEIGE § 15 shall apply to the extent appropriate.
Ministry may issue regulations concerning the award of an extraction permit.

§ 30. An extraction permit in Finnmark provisions of § 17 apply correspondingly to extraction permit in Finnmark.

§ 31. Extraction area Ministry may issue regulations concerning the extraction area, including the shape, size and marking.

§ 32. Extraction Court content extracting can take out and make use of all instances of the state's minerals extraction area. Occurrence of landowner minerals can be taken out as far as it is necessary to remove the instance of the state's minerals.
Extracting may utilize deposits of landowner minerals that are taken out pursuant to the first paragraph. This does not apply if the Directorate of Mining before operation commences find that mineral deposits clearly can be utilized independently. The landowner or the person who derive their rights from them, in such cases the right either to acquire mineral resources toward paying extracting of occurrence of state minerals compensation, or to entrust the exploitation of extracting the occurrence of state minerals against this gives consideration. Disputes concerning the remuneration settled through valuation, cf. § 53.

§ 33. Termination of an extraction permit extraction permit expires when

A)
operating license pursuant to § 43 is not provided within ten years from the date of extraction permit was granted,

B)
outlet does not fall under the statutory requirements for an operating license and it's been more than ten years from the day the extraction permit was granted without the operation is initiated,

C)
extended deadline pursuant to § 34 has expired, or

D)
a year has passed since operating license lapsed.

If you have applied for an operating license pursuant to § 43 or for extension pursuant to § 34 and the application is refused, the extraction permit expires no earlier than 30 days after the refusal. Extracting retains its right to the part of the extraction area that is not covered by the application for an operating license until the deadline for first paragraph a or an extended deadline pursuant to § 34 has expired.

§ 34. Extension of production straight Directorate of Mining may extend the deadline under § 33 first paragraph a and b with up to ten years. Extension of deadline should normally be granted if the deposit must be deemed to be a reasonable reserve for the applicant's operations. An application for extension must be received by the Directorate of Mining deadline in § 33 first paragraph a to c.

§ 35. Transfer of exploitation right Upon transfer of an extraction permit, § 26 accordingly.

§ 36. Probate extraction permit shall be registered in the Land Register.
Assignment and pledging extraction permits are legally protected by registration in the Land Register. The same applies to other legal rights in the extraction permit, unless otherwise specified in the Regulations pursuant to the third paragraph.
Ministry may issue regulations concerning registration after the first and second paragraphs.

Chapter 7. Expropriation


§ 37. Expropriation of landowner minerals Any person may apply to the Directorate of Mining for permission to expropriation of the land and rights to determine if there was occurrence of a landowner minerals such an abundance, size and nature that it may be presumed to be commercial or to become commercially viable within a reasonable time.
Anyone can apply to the Ministry for permission to expropriation of

A)
incidence of landowner minerals

B)
the land and rights of production, including access to the deposit,

C)
the land and rights to processing landowner minerals.

In assessing whether expropriation should be granted shall be attached to whether the applicant has researched the occurrence.
It may be set for expropriation permit.

§ 38. Expropriation of land and rights of exploration and exploitation of the state's minerals may apply to the Directorate of Mining for permission to expropriation of the land and rights to conduct the survey. If there is an investigator with better priority in the survey area, a permit to expropriation granted only if the client agrees.
Extracting a deposit of minerals government can apply to the Ministry for permission to expropriation of

A)
land and rights needed for recovery, and

B)
land and rights needed for processing of minerals.

It may be set for expropriation permit.

§ 39. Compensation By expropriation of the right to recover the occurrence of landowner minerals under § 37 second paragraph letter a compensation determined based on market price and regardless of foreseeable proportionality requirement in the Act of 6 April 1984 no. 17 concerning compensation upon expropriation of real property (expropriation compensation Act) §§ 5 and 6. the compensation shall be a charge per unit produced by mineral unless special reasons for not doing so. It may be determined that a minimum fee to be paid regardless of production volume.
By expropriation under § 37 first paragraph and second paragraph, b and c and § 38 shall be granted compensation for expropriation Compensation Act.
Awarded compensation shall be the annual amount. Lump-sum compensation can be set if there are special reasons.
Either party may request that the compensation shall be determined by new judgment when it is been ten years since the compensation was determined.
If the operation closed down, lapses compensation from the calendar year following the closure.

§ 40. General rules for expropriation Unless otherwise provided in this Chapter, the provisions of Law 23 October 1959 no. 3 relating expropriation of real property (expropriation) and compensation for expropriation Act to the extent applicable by expropriation according to §§ 37 and 38 .
Are there conditions that the court which is expropriated to be used in a certain way by a certain deadline, and the deadline passes, the original owner or licensee require the expropriation decision reversed.
The provisions of § 17 second to sixth paragraphs apply correspondingly to the processing of applications for permission to expropriation in Finnmark.

Chapter 8. Operating

§ 41. Berg Academic proper operation Operating on mineral deposits to occur on a mining practice.

§ 42. Notification of withdrawal When withdrawing over 500 m³ loads shall be sent to the Directorate of Mining. The notification shall be submitted at least 30 days prior to commencement of operations.
In special cases, the Directorate of Mining may demand that business plan. The Directorate of Mining may determine that the operation can not be started until the operating plan is approved.

§ 43. Licensing Mandatory withdrawals (operating license) total abstraction of mineral deposits of more than 10,000 m³ mass requires an operating license from the Directorate of Mining. Any withdrawal of natural stone requires an operating license. Sampling according to §§ 12 and 20 does not require an operating license.
Operation license may be granted only to persons who have extraction permits. In assessing whether the operating license shall be granted, emphasis shall be placed on whether the applicant is qualified to extract instance. Conditions may be attached to the license. The area of ​​operation shall be determined in the concession. The application for an operating license shall contain operating plan.
License may be limited. It may be decided that the license shall be audited by a specified time. License may in any revised every ten years.
The provisions of § 17 second to sixth paragraphs apply correspondingly to the processing of applications for operating licenses in Finnmark.
Ministry may issue regulations on

A)
operating licenses and exemptions from requirements for operating licenses,

B)

Requirements for professional qualifications of personnel conducting the operation of mineral deposits under this Act, and rules on the recognition of equivalent qualifications for nationals of EEA.

§ 44. Notification of commencement and suspension of operations subject to licensing action under § 43 shall be submitted notification to the Directorate of Mining before the operation started, paused or shut down.

§ 45. Loss of an operating license An operating license expires if the operation is initiated no later than five years after it was granted. The same applies if operations are discontinued for more than one year. The Directorate of Mining may extend the deadline for the first and second periods. The deadline in the second sentence may be extended by up to three years. It may be set for extension.
Operation license shall also lapse if

A)
exploitation permit is canceled,

B)
agreement on the right to exploit the presence of a landowner minerals expired or

C)
discretion is required within one year after the expropriation permit was granted in accordance with § 37 second paragraph letter a.

§ 46. Disclosure of operating Ministry may issue regulations concerning the obligation to submit the operating report to the Directorate of Mining and the report's content.

Chapter 9. General Provisions

§ 47. Areas exempt from search and examination can not letes and examined in areas covered by the Act of 5 June 2009 No.. 35 about natural areas in Oslo and nearby municipalities (forest law).
Looking and examining shall not without the consent of the landowner, the user of the land and the competent authority exploration or investigate:

A)
pastures,

B)
industrial sites, including quarries, failure or mining operation,

C)
area located less than 100 meters from the building used for permanent or temporary residence, including cottage,

D)
area for construction for public benefit and cities less than 20 meters from such facilities,

E)
area belonging to the military facility or practice area,

F)
abandoned mining areas, including rock falls and departure landfills.

Ministry may in regulations stipulate that the second paragraph shall apply mutatis mutandis to areas other than those mentioned in the second paragraph.
Directorate of Mining may, upon application determine the prevalence of state minerals can be examined in areas mentioned in the second paragraph if the benefits of the studies is greater than the damage and inconvenience it will inflict landowner and user of the land.

§ 48. Caution Duty Working under this Act shall be carried out with caution so that the damage is not greater than necessary, and so that the operations do not lead to unnecessary pollution or unnecessary damage to the environment.

§ 49. Securing Duty Investigating, mines and drifts of mineral deposits shall implement and maintain security measures for the entire site so that operations do not pose danger to humans, livestock or domestic reindeer. Extracting and driver have similar security duty of mine openings, tipping and sodding outside the territory associated with the area.
Extracting party and the hedging obligation under subsection also applies to previous work undertaken by others.
The area shall be permanently secured when work ends.
Ministry may issue regulations on how openings in the ground and other interventions in the terrain to be secured and the maintenance of safety.

§ 50. Cleanup Duty Investigating, mines and drifts of mineral deposits shall ensure proper cleanup of the site while work is in progress and after these have been completed. The Directorate of Mining may set a deadline for when the cleanup will be completed.

§ 51. Coverage of the costs of cleanup and securing Directorate of Mining may order the person who will make or have initiated investigations, including sampling, or operating on mineral deposits, to provide financial security for the implementation of safeguards in accordance with § 49 and cleanup measures after § 50.
Ministry may issue regulations on requirements for collateral.

§ 52. Compensation Obligation searching party duties without regard to fault to compensate for damage which works to land, buildings or equipment. The first sentence applies correspondingly to the inconvenience caused to the landowner or user of the land.
Exploring deposits of state minerals the first paragraph accordingly. The same goes for exploring deposits of minerals owned by a landowner, unless liability is regulated in agreement with the landowner.
A dispute concerning a claim for compensation decided by judgment, ref. § 53.

§ 53. Gorgeous Gorgeous according to §§ 21, 32, 52 and 57 shall judicial discretion.

Necessary expenses for the legislation is connected with a judgment in accordance with §§ 21, 32, 52 and 57 covered by the ether, the investigator and extracting. At a higher authority will apply the law of 1 June 1917 No.. 1 on assessment and expropriation cases § 54 a.
The court may make such investigations of the property The court finds necessary. Volder investigation loss or disadvantage, determined the compensation for this under judgment.

§ 54. Requirements for applications and use of electronic communications ministry may issue regulations concerning

A)
what information applications must contain, on using specific application forms and the applicant's obligation to provide additional information, and

B)
use of electronic communications.

Chapter 10. Fees and charges

§ 55. Treatment and supervision fee Ministry may issue regulations on fees for processing applications and for supervision under this Act.

§ 56. The annual fee to the state exploring or extracting occurrence of state minerals shall pay an annual fee to the state for exploration permit and exploitation concession. Indirect taxes will be determined in regulations under subsection.
Charges shall be paid in advance to the Directorate of Mining by 15 January. The Taxes not paid within the deadline, an additional fee of 50 per cent payable by April 30 of that year. The Directorate of Mining may in special cases make exceptions to this. The permit lapses if the surcharge is not paid by the deadline.
Ministry may issue regulations concerning the size of the annual fee after the first paragraph and the payment thereof.
Ministry may issue regulations stipulating that the extracting occurrence of state minerals shall pay an annual fee to the state.

§ 57. Annual fee to the landowner extracting a deposit of minerals government will pay the landowner an annual fee of 0.5 percent of the market value of what is recovered. The fee for each year are payable on March 31 the following year.
If several landowners in the extraction area, distributed charge between them in proportion to the land each of them in the extraction area.
Disputes about the calculation or distribution of the fee determined by appraisement, ref. § 53.
Ministry may issue regulations concerning the calculation of the annual fee and the obligation to keep records for the calculation.

§ 58. Increased landowner fee in Finnmark For recovery of the state's minerals on Finnmarkseiendommen, the Ministry may by regulation provide a higher annual landowner fee than stated in § 57 first paragraph.

Chapter 11. Supervision

§ 59. Supervision Directorate of Mining shall supervise that

A)
investigation, including sampling and the operation takes place on a roller professional manner in accordance with legal requirements,

B)
terms, approved operating and orders issued by or pursuant to this Act,

C)
safety and cleanup duty complied, and

D)
work does not lead to unnecessary pollution or unnecessary damage to the environment.

§ 60. Inspection and the right to information by supervision Directorate of Mining shall through audits have unimpeded access to areas and facilities and conduct necessary investigations of such areas and facilities.
Developer is obliged by order to submit to the Directorate of Mining information, documents or other materials of significance for audit. When there are special reasons, such information on the instructions required by others.
Costs of inspections can be claimed by whoever audit targets.

§ 61. Internal Ministry may issue regulations on internal control and internal control systems to ensure that the requirements established under the Act are complied with.

Chapter 12. Management measures and administrative sanctions

§ 62. Enforcement Directorate of Mining may issue an order to remedy or stop conditions that are in violation of regulations or decisions issued in or pursuant to law. In order shall set a deadline for compliance.

§ 63. Immediate implementation by the Directorate of Mining If the responsible party fails to order measures imposed by or pursuant to this Act, the Directorate of Mining sure to implement the measure.
Measure may be implemented without a preceding order if necessary to avert imminent danger or if the circumstances would be unreasonable burdensome to locate the person responsible.
Costs of implementation may be claimed by the person responsible. Claims for expenses are enforceable by execution.

§ 64. Temporary suspension of operations If the responsible party fails to order measures imposed by or pursuant to this Act, the Directorate of Mining may require the temporary suspension of operations.

Directorate of Mining may implement temporary suspension of operations without preceding order if necessary to avert imminent danger.
Costs of suspending operations may be claimed by the person responsible. Claims for expenses are enforceable by execution.

§ 65. Amendment and revocation of license, etc.. The Ministry and the Directorate of Mining may revoke or modify the terms of the permit under the Act or regulations made under the Act, or impose new conditions and, if necessary, revoke a permit if

A)
there is gross or repeated violation of provisions made in or pursuant to this Act,

B)
licensee fails to comply with an order pursuant to § 62,

C)
permit was granted on the basis of incorrect or incomplete information about matters of importance,

D)
key assumptions that underlay to provide the permit has lapsed, or

E)
it otherwise follows from otherwise applicable conversion rules.

Amendment and revocation of a license under subsection can be time-limited. Limited Time amendment and revocation may be conditional on certain conditions be repaired or changed.
In making decisions under this section shall be taken of the financial loss and inconvenience it must be expected that an amendment or revocation will apply the licensee, and the advantages and disadvantages that alteration or withdrawal will entail.
Ministry may issue further provisions on amendment and revocation of licenses.

§ 66. Coercive fines To ensure that the provisions of this Act or decisions pursuant to Act, the Directorate of Mining may impose coercive fines that accrue to the Treasury.
Coercive fine may be imposed when the Act or decisions made pursuant thereto is detected. Levying of the fine if the person responsible with the deadline for remedying the situation. If there are special reasons, the fines imposed in advance and shall become effective from any contravention. It may be determined that the coercive fine run as long as the unlawful situation persists, or that it is payable for each violation. Coercive fine does not apply if noncompliance due to circumstances beyond the controller's control. Coercive fines may be imposed as a daily fine or even fines.
Coercive fines levied the person responsible for the infringement. If the contravention occurred on behalf of a company or other organization, the coercive fine shall, as a rule imposed this. Are fines imposed on a company as part of a group, accrued amounts thereof may also be recovered from the parent company. Is more responsible for decisions on fines, booklets they jointly and severally for payment of the periodic penalty payment.
Imposition of fines is enforceable by execution. The Directorate of Mining may in special cases reduce or waive fines.
Ministry may issue further provisions on fines, including the coercive size and duration, the imposition of coercive and waiver of accrued amounts.

§ 67. Violation charges Directorate of Mining may order the person who has violated provisions contained in or pursuant to this Act, to pay a sum of money to the Treasury (violation penalties). Individuals can only fined for a willful or negligent violations. An entity can not subject to administrative fines if the violation is due to circumstances beyond the firm's control.
In assessing whether a violation charge shall be levied and the sentencing should be emphasized on the severity of the offense and the degree of guilt.
Decision on violation fines are enforceable by execution.
Ministry may issue further provisions on administrative penalties, including the conditions to impose a penalty, the size of the penalty is, if interest rates and extra fees if the violation fine is not paid when due and the waiver of imposed fines.

Chapter 13. Commencement and transitional provisions

§ 68. Commencement This Act comes into force from the King.

§ 69. Transitional provisions
1.

Applications under the Act 30 June 1972. 70 relating to mining (Mining Act), Law 3rd July 1914. 5 on the acquisition of limestone deposits (limestone Act), Act 17 June 1949 no. 3 on the acquisition of quartz deposits (quarter-law) , the Act of 21 March 1952 No.. 1 about avståing of reason, etc. for the operation of non-claimable mineral deposits (mineralavståingsloven), law 28 november 2003 no. 98 for concession for acquisition of real estate (the concession) etc. and the Act of 14 December 1917 No.. 16 for acquisition of waterfalls, mines and other real property etc. (ILA) Chapter II, ref. Chapter V, which is received by the appropriate person before commencement of this Act, be treated under that legislation.

2.
Muting Letters by the Mining Act Chapter 3 gives commencement of the Act the same right as exploration permit pursuant to this Act and with the same priority as muting the letter had by the Mining Act § 16 deadline in § 22 first paragraph shall be calculated from the issuance of muting letter.

3.
Claims made pursuant to the Mining Act Chapter 4 provides commencement of the Act the same right as an extraction permit under this Act. The deadline in § 33 first paragraph a runner from granting of the claim. The provisions of § 45 first paragraph applies from commencement of this Act unless otherwise provided by license granted before that date.

4.
Provision in § 20 is not an obstacle to it as the commencement of this Act has commenced trial operations pursuant to the ILA will continue such activities for up to one year after the commencement of this Act.

5.
Ongoing operation authorized by the ILA § 13, acquire concession for limestone law, fourth law and the Concession can continue operations notwithstanding § 43 under the conditions that apply for the license. License conditions that are contrary to this Act, other provisions with the exception of § 45 first paragraph shall nevertheless depart. The Directorate of Mining may, upon application to change the license terms. The Directorate of Mining may, if there are special reasons, however, require that the developer seeking an operating license pursuant to § 43

6.
By the Act shall drivers on mineral resources which do not fall under no. 5 send message and operating plan to the Directorate of Mining. Ongoing operation in mineral resources that do not fall under no. 5 shall within five years from the commencement of the Act meet the requirements of § 43. The Directorate of Mining may in individual cases this deadline.

7.
Initiated operations covered by § 51 five years from the commencement of this Act.

8.
Initiated works on the occurrence of state minerals Ministry may stipulate a gradual escalation of annual landowner fee for the first five years after its entry into force.

§ 70. Amendments to other laws When the law comes into force the following amendments to other Acts 1 - - -

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