Regulations To The Minerals Act

Original Language Title: Forskrift til mineralloven

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Regulations to the Minerals Act


Date FOR-2009-12-23-1842


Ministry of Industry and Ministry of Fisheries


Published in 2010 Booklet 1


Commencement 01/01/2010

Edited

FOR-2010-12-20-1783 from 01/01/2011

Changes


For
Norway

Legal

LOV-2009-06-19-101-§15, LAW-2009-06-19-101-§25, LAW-2009-06-19-101-§31, LAW-2009-06-19- 101 §36, LAW-2009-06-19-101-§43, LAW-2009-06-19-101-L-46, LAW-2009-06-19-101-L-51, LAW-2009-06- 19-101-L-54, LAW-2009-06-19-101-L-55, LAW-2009-06-19-101-L-56, LAW-2009-06-19-101-section 57, LAW-2009- 06-19-101-§66, LAW-2009-06-19-101-§67

Promulgated
15.01.2010 kl. 15.35


Corrected 11.07.2013 (EEA henvinsning)

Short Title
Regulations to the Minerals Act

Chapter Overview:

Chapter 1. Surveys, exploitation and operation (§§ 1-1 - 1-10)
Chapter 2. Cleanup and Security (§§ 2-1 - 2-2)
Chapter 3. Requirements qualifications in operation of mineral deposits (§§ 3-1 - 3-5)
Chapter 4. approval as rock technically responsible for persons with professional qualifications from another Member State, cf. Directive 2005/36 / EC on the recognition of .. . (§§ 4-1 - 4-6)
Chapter 5. fee and taxes (§§ 5-1 - 5-6)
Chapter 6. Coercive fines and violation fines (§§ 6-1 - 6- 7)
Chapter 7. FINAL PROVISIONS (§7-1)

Adopted of Trade and Industry on 23 December 2009 pursuant to Act 19 June 2009 No.. 101 for the acquisition and exploitation of mineral resources (Mineral Act) § 15, § 25, § 31, § 36, § 43, § 46, § 51, § 54, § 55, § 56, § 57, § 66 and § 67.
EEA information: EEA Annex VII. 1 (Directive 2005/36 / EC as amended by Directive 2006 / 100 / EC, Regulation (EC) no. 1430/2007, Regulation (EC) no. 755/2008, Regulation (EC) no. 279/2009, Regulation (EC) no. 213/2011 and Regulation (EC) . 623/2012.
Changes: Amended by regulations 23 June 2010 no. 963, 20 Dec 2010 No.. 1783.

Chapter 1. Surveys, exploitation and operation

§ 1- 1. An application for an exploration permit for the state's minerals application for an exploration permit shall be in fixed form and sent to the Directorate of Mining. the application shall include

a)
applicant's name or business name

B)
applicant's address. Legal entities must also specify business address

C)
copy of valid identification if the applicant is a natural person

D)
certificate of registration or equivalent if the applicant is a legal person

E)
information about citizenship for individual and country legal person resident in

F)
which of the state's minerals applicant assuming's area

G)
a statement of the exploration area plotted on a map with a scale of 1:50 000, whose coordinates are related to the UTM system for datum EUREF 89 (WGS 84). The coordinates for the survey area corner points shall be defined by reference to applied cartography

H)
an indication of the person or municipalities exploration area is located in.

For the area or areas that are wholly or partially affected by the exploration area, the Directorate of Mining may require that the applicant provide information on

A)
land registration and number or title number

B)
owner and user's name and address

C)
name and address of at least one of those responsible for the commons areas and other areas of co-ownership or joint ownership.

If the application simultaneously on several survey sites near each other, must be enclosed overview map that includes all survey areas. Map may replace map pursuant to subsection g.

§ 1-2. Survey area's shape and size survey area shall be a rectangle. The area should not be larger than 10 km² and the longest side is no longer than 10 kilometers, measured in the horizontal plane. No page should be less than 1 kilometer. The sides should follow or be parallel to the main axis system UTM in datum EUREF 89. The scale shall be 1:50 000.
If the exploration area is entered into another exploration or production area or survey areas over several zones in the UTM system, the Directorate of Mining waiving the survey area's shape, size and parallelism so far this is necessary. The survey area can not have more than four corners.
Basically the boundaries of the exploration area being vertical.


§ 1-3. Reduction of examination area size proprietor of an exploration permit to the state's minerals can reduce the examination area size, and shall then be communicated to the Directorate of Mining. If the exploration area is divided into two or more independent parts, will keep one of the new areas old serial number while the other assigned new serial number. Priority and expiration date for examination rights will not change as a result of reduction in the examination area size.
The provisions of § 1-2 apply insofar as appropriate for reduced exploration areas.

§ 1-4. Reporting by examination of state minerals exploring party shall submit investigation report, measurement data and sample to the Directorate of Mining when the investigations are completed and no later than six months after the exploration permit has ceased. In special circumstances, the Directorate of Mining, upon application, extend the deadline by up to six months.
Investigation report, measurement data and sample material shall consist of

A)
base material, such as filings from geophysical measurements, observations of geological mapping and analysis results from geochemical sampling etc.

B)
geological maps

C)
geophysical anomaly

D)
geochemical anomaly that will contain information necessary to interpret them

E)
map of the surveyed areas to show the areas of geology, Pitting, diamantborhull, other relevant information and stikningsnett for geophysical surveys

F)
Positioned borlogg associated analyzes and sample descriptions and profiles Positioned hole. The Directorate of Mining may, after consultation with the Geological Survey of Norway (NGU), decide that a representative sample of borkjerneprøver and test materials to be delivered to NGU their borkjernelager. The costs of delivery are covered by investigating

G)
Mapping of profiles to be delivered by a specified Legend color schemes. Character, raster and color schemes should follow the norms that are used by publishing geological maps from the Geological Survey, NGU writings 113 1995

H)
report reasoned conclusions on the basis of survey records, including the results of any dressing enrichments, process attempts etc.

All maps should follow UTM system with map datum EUREF 89 (WGS 84). The Directorate of Mining may require the survey reports, maps and geophysical measurements supplied in digitized form.
Reporting shall be sufficiently detailed to enable the Directorate of Mining may make an independent assessment of the material.
Reporting of research from a mine in operation, out of regular monitoring of ore and detailed investigations which is directly linked to production must take place in a similar manner as mentioned in the second paragraph.
Material submitted can not be made public while researching has mining rights in the area. This does not apply for new mining rights in an area where the licensee has previously submitted report or materials for older mining rights that have since lapsed.

§ 1-5. An application for an extraction permit for the state's minerals application for an extraction permit shall contain

A)
applicant's name or business name

B)
applicant's address. Legal entities must also specify business address

C)
which tile application for an extraction permit based on

D)
map showing the production area placement and property boundaries as specified in the land register. Owners 'and users' name and address must be stated

E)
information on the minerals extraction site contains, the exploration work undertaken and the results of these

F)
documentation on the deposit's abundance, size and nature

G)
an economic assessment of the deposit's commerciality.

§ 1-6. Production area Production area shall be a rectangle unless special circumstances warrant a different form. Recovery area can not have more than four corners. Basically, the boundaries of the extraction area vertical.
Extraction area shall not be larger than necessary to cover the deposit's probable extent. The area should not be larger than 1 km².

§ 1-7. Registration of an extraction permit for the state's minerals When granting a production right, the Directorate of Mining send a special report to the Registrar. The notification shall

A)
printed on official registration papers certified copy of the decision on recovery right

B)
include land registration and number of the person or property affected by the extraction permit

C)
specify where on the property extraction permit is

D)

Contain the name of titleholder and the name and identity number or registration number of the person who received recovery right

E)
disclose extraction permit contacts the right of a property, and if so, specify number of leasehold and festers name.

§ 1-8. An application for an operating license application for an operating license shall be in fixed form and sent to the Directorate of Mining.
The application shall include

A)
documentation of recovery right on site. For applications relating to the state's minerals must be referenced awarded an extraction permit for mineral law or claims by the Mining Act. For applications relating landowner minerals shall deal with the landowner or other rights to the mineral resources attached.

B)
proposed operating plan. The proposal shall comply with the requirements of the Directorate supervisor for preparation of business plan. If a project has already been approved operating plan, you should see this.

C)
information regarding the organization status under the Act 27 June 2008 no. 71 on planning and building regulations (Planning and Building Act). It must be clear what purpose the site is laid out to the municipal development plan. It should further be stated whether the measure is covered by a zoning or the area is under control for the purpose.

D)
an account of the expertise the company has access to, the operation of the planned withdrawal. It will include an overview of the company's organization with particular regard to technical management and bergfaglig- and other technical expertise.

E)
an assessment of the need for ensuring that financial security for the implementation of security and cleanup measures, cf. § 2-1, including the form and amount of security.

F)
an overview of the investments that must be made at the facility, including:

I)
a list of necessary investments in equipment and machinery, possibly an overview of the costs of renting equipment and services.

Ii)
a list of investments in adaptation (access, diffuser, storage areas, buildings).

Iii)
a plan for financing the project, including a budget for the first years of operation. The budget must show the market situation, the price level for the product possibly accompanied by supply agreements.

Directorate of Mining may for greater measures demand a more thorough analysis of the project, including a summary of expected profitability and an analysis of the first year's cash flows.
For outlets already in operation, documented the economic conditions in that approved the financial statements for the last two years attached.

§ 1-9. Reporting by operating When withdrawing mineral resources shall be annually submitted operational report to the Directorate of Mining. The report should at least disclose the catch as size last year, number of employees and turnover.
Directorate of Mining, together with the Geological Survey establish a separate form for operation report.

§ 1-10. Reporting by the closure of operations in mineral resources The developer has driven withdrawal of state minerals normally when the operation closed down submit a final report from operations, measurement data and sample to the Directorate of Mining. The Directorate of Mining may by individual order the project that lays down withdrawal of landowner minerals to submit a final report, measurement data and sample material under the provisions of this section, if the outlet has mineralization of significant geological interest. Directorate determines the deadline for submission.
Final report, measurement data and sample material shall, to the extent such research is undertaken, comprise

A)
base material, such as filings from geophysical measurements, observations of geological mapping and analysis results from geochemical sampling.

B)
geological maps

C)
geophysical anomaly

D)
geochemical anomaly that will contain information necessary to interpret them

E)
map of the surveyed areas to show the areas of geology, Pitting, diamantborhull, other relevant information and stikningsnett for geophysical surveys

F)
Positioned borlogg associated analyzes and sample descriptions and profiles Positioned hole. The Directorate of Mining may, after consultation with the Geological Survey of Norway (NGU), decide that a representative sample of borkjerneprøver and test materials to be delivered to NGU their borkjernelager. The costs of transfer of borkjerneprøver and samples shall be borne by the developer.

G)
report reasoned conclusions on the basis of examination material. To the extent such reports are submitted at the research stage can be made to these.


All maps should follow UTM system with map datum EUREF 89 (WGS 84). Regulations on the map of tunneling and open pit equipment § 7 applies accordingly. The Directorate of Mining may require the survey reports, maps and geophysical measurements supplied in digitized form.
Reporting shall be sufficiently detailed to enable the Directorate of Mining may make an independent assessment of the material.
Costs for delivery of final reports, measurement data and sample material under this section shall be borne by the project.
For material submitted the rules of confidentiality in the Public Administration. Material returned from outlets that have been run on the state's minerals becomes public when the developer mining rights in the area lapses.

Chapter 2. Cleanup and securing

§ 2-1. Cleanup and hedging - financial guarantee Directorate of Mining management can order the project to provide financial security for the implementation of safety and remediation measures under the Minerals Act § 49 and § 50.
project owner shall submit proposals for collateral. The proposal may include individual provisions. Directorate of Mining for determining the final requirements for collateral.
The financial security must be sufficient to cover the developer's security and cleanup duty after Minerals Act § 49 and § 50. The evaluation will be placed on the catch as complexity, mass type, potential pollution risk, tunneling or strip mining, location, local nature etc. . The security must be such that the result of bankruptcy by the project will not be included in the bankruptcy estate.
If it can be appropriate financial guarantee Pollution Control Act, the Directorate of Mining coordinate economic security with the competent authority.

§ 2-2. Financial guarantee - individual provisions When establishing individual provisions, the Directorate of Mining decide on the deposit size and timing of payment. Administration may issue a decision on changing the size of reserves and the timing of payment. When decisions are made by first and second sentence shall be attached to the catch as complexity, soil type, potential pollution risk, tunneling or strip mining, location, local nature etc.
Use of allotted funds requires the approval of the Directorate of Mining. Administration may impose conditions on the use of allocated funds.
Directorate of Mining may determine the maximum total individual provision. If deposits using substantially reduced below the maximum deposition, the directorate may decide on the new provisions.
Ministry may issue guidelines on the provision.

Chapter 3. Requirements for qualifications in operation of mineral deposits

§ 3-1. Berg Technical director Withdrawal of mineral resources shall have a roller technical manager who will ensure

A)
that the operation is performed in a technically sound manner so that the interests of workers, nearby buildings and other surroundings safeguarded

B)
that degradation of occurrence happens in a sustainable way

C)
that operation at any time going after an updated and approved operating.

§ 3-2. Berg Technical director for underground facilities and large open pit mining Technical responsible for withdrawals underground (mining) or opencast plants with a combined annual output of more than 500,000 m³ loads, have an exam at the level of master of technology and specializing in the operation in mineral resources.
People with other technical education at university or college level of at least three years' duration may, upon application, be approved as salvage technically responsible for withdrawal under subsection if it can be demonstrated that education provides the necessary qualifications. The evaluation will be placed on the content of education, relevant continuing education as well as the applicant's practical experience in the mining business. It should also be attached to the scale, complexity and risk of injury due to the current outlet. It can also be given to whether a lack of expertise in some areas related to the operation of the outlet will be covered by purchase of consultancy services.

§ 3-3. Berg Technical director for opencast mining Technical director for open plant with a total annual output from 15,000 m³ and 500,000 m³ loads shall have two-year vocational degree in rock mechanics. Equality is passed exceeds graduating from State berg school.

People with other technical education may, upon application, be approved as salvage technically responsible for open pit under the first paragraph, first sentence, if it can be demonstrated that education provides the necessary qualifications. The evaluation will be placed on the content of education, relevant continuing education as well as the applicant's practical experience in the mining business. It should also be attached to the scale, complexity and risk of injury due to the current open pit. It can also be given to whether a lack of expertise in some areas related to the operation of the open pit will be covered by purchase of consultancy services.
Directorate of Mining may by individual decide that opencast plant with a total annual output of less than 15,000 m³ loads shall berg technical manager that meets the qualifications for first and second paragraphs, if the operation of the plant appears to be more complicated than it expected based on the project's size alone.
Directorate of Mining may by individual decide that the provisions of § 2.3 shall apply to salvage technically responsible for open pit referred to in § 3-3, first paragraph, if the rock mechanics site conditions or lensing otherwise particularly complicated.
Directorate of Mining may grant an extension on the requirement for professional qualifications for rock technically responsible for first and second paragraphs. Procrastination can be given until January 1, 2015. It may be set for the postponement.

§ 3-4. Exemptions For minor and uncomplicated withdrawal can Directorate of Mining on application deviate from the educational requirements of § 3-2 and § 3-3. It may be imposed for exemption.

§ 3-5. Application for approval as roller Technical Manager Application for approval as rock technically responsible under § 3-2 second paragraph and § 3-3 second paragraph and for exemption under § 4.3 shall contain information and documentation necessary to determine whether the person may be berg technically responsible for that outlet. The Directorate of Mining may require additional information from the applicant in order to clarify whether he fulfills the requirements to be rock technically responsible.

Chapter 4. Approval as rock technically responsible for persons with professional qualifications from another Member State, cf. Directive 2005/36 / EC on the recognition of professional qualifications

§ 4-1. Definitions chapter understood with

A)

Professional qualifications: qualifications evidenced by a formal qualification, or a certificate of competence in accordance with § 4-3, first paragraph a, and relevant work experience

B)

Evidence of formal qualifications: diplomas, certificates and other evidence issued by an authority in a State designated by law or authorized by law in the state

C)

Regulated profession: profession where it directly or indirectly stipulated by law or regulation requiring specific qualifications.

§ 4-2. Contents of the application Application for approval as rock technical director with professional qualifications from another Member State shall contain

A)
certified copy of the qualification certificate

B)
evidence the applicant's nationality.

Directorate of Mining may require proof of the applicant's work experience if the applicant's qualifications are assessed in accordance with § 4-3, second paragraph.

§ 4-3. Conditions for approval as rock technically responsible for nationals of Member State Nationals of a Member State is also entitled to recognition as rock technically responsible if this follows from the provisions of Directive 2005/36 / EC, even if they do not have qualifications that are equivalent to the requirements in § 3-2, first paragraph and § 3-3 first paragraph. The qualification requirements under § 3-2, first paragraph located on level E and the requirements under § 3-3, first paragraph is at level c). The requirement for such approval is that the applicant submits evidence of qualification at least equivalent qualification level immediately below the eligibility requirements set out in § 3-2, first paragraph and § 3-3 first paragraph. When comparing the levels of education, the following five levels of qualifications:

A)
a certificate of competence showing passing education and experience which are not covered by the requirements of the levels in subparagraphs b to e.

B)
a certificate showing completion of upper secondary education.

C)
a diploma showing that the applicant

I)
either passed another post-secondary education than those referred to in subparagraph d) or e) of at least one year's duration, or of an equivalent duration part-time, where admission to the program normally completed secondary education that is needed to gain access to university, other higher education or other education at the same level, as well as the vocational training that may be required in addition to post-secondary education, or

Ii)

Passing it by a specific structure for a regulated profession, ref. Directive 2005/36 / EC Annex 2

D)
a diploma showing passed post-secondary education from university, college institution or another institution with equivalent education level. The education must be of at least three years and not more than four years' duration, or of an equivalent duration part-time.

E)
a diploma showing passed post-secondary education from university, college institution or another institution with equivalent education level. The education must be of at least four years' duration, or of an equivalent duration part-time.

Applicant who has worked as a mining technical manager in a Member State where the profession is not regulated, has the right to recognition if the applicant has pursued the profession full-time for at least two years, or the equivalent period of part-time, during the last decade . The applicant must submit evidence of professional qualifications documenting that the applicant can work as rock technically responsible.
A national of a Member State with evidence of formal qualifications for qualifications issued in accordance with the first paragraph, but in a state outside the EEA, may obtain authorization under chapter 4. As evidence of formal qualifications in accordance with § 4-3, first paragraph a accepted also any evidence of formal qualifications acquired in a third country. This applies only if the applicant has three years' professional experience as a rock technical manager in a Member State and this is acknowledged and confirmed by the approval authority of another Member State.

§ 4-4. Temporary practice as salvage technically responsible exercise of the post of mining technical manager can be operated on a temporary and occasional basis by persons lawfully established in another Member State in order to carry out such activity there, if he gives notification and documentation in accordance with the EEA rules corresponding to Directive 2005/36 / EC Article 7 to the Directorate of Mining.
Der profession or the education and training leading to the profession has not been regulated, the person shall have exercised the profession in this state for at least two years during the last ten years; see. Directive 2005/36 / EC Article 5. 1 letter b).
Directorate of Mining may require the practitioner documents to have the necessary language skills to be able to exercise the position of roller Technical Manager in Norway.

§ 4-5. Procedural Rules Directorate of Mining shall within one month confirm receipt of the application and inform the applicant of any deficiencies in the application. Directorate shall decide on the application as soon as possible and no later than three months after the required documentation is submitted.

§ 4-6. Cooperation with other approval authorities Directorate of Mining shall cooperate with the approval authorities of other Member States by Directive 2005/36 / EC Article 8. 1 and 2 and Article 56. 1 and 2.

Chapter 5. Fee and Taxes

§ 5-1. Fee for processing applications Applicants shall pay a fee

A)
of application for an exploration permit for the Minerals Act § 13 to $ 1000 per area

B)
for application for an extraction permit for mineral law § 29 to $ 10,000 per site. Requires application more than one production area, the applicant must pay a surcharge of £ 500 for each additional area

C)
Application for sampling by the Minerals Act § 12 or § 20 to $ 5000

D)
of application for an operating license by the Minerals Act § 43 to $ 10, 000. If the application withdrawal that requires an environmental impact assessment under Regulations 26 June 2009 No.. 855 on impact, the fee is NOK 20 000

E)
for application for expropriation by the Minerals Act § 37 first paragraph and § 38 first paragraph to $ 1000

F)
for application for expropriation by the Minerals Act § 37, second paragraph and § 38 second paragraph of NOK 10 000.

Fee shall be paid before the case is admissible.

§ 5-2. Annual fee for an exploration permit for the state's minerals To retain exploration permit to the state's minerals shall be by the Minerals Act § 56 for each commenced 10 000 m² paid annual fees to the state

A)
for the second and third calendar year to $ 10

B)
for the fourth and fifth calendar year to $ 30

C)
for the sixth and seventh calendar year to $ 50

By extension of the exploration permit for mineral law § 23 shall for each commenced 10 000 m² paid annual fees to the government with NOK 50
For mineral claims granted by the Mining Act of 30 June 1972. 70 shall be paid annual fees to the state after the first and second joint. The calculation of the age of muting shall be based on the date when muting was issued. The annual fee for the sixth and seventh calendar year shall for each commenced 10,000 m² should not be more than £ 30 in the first calendar year after the entry into force of the Minerals Act.


§ 5-3. Annual fee for an extraction permit for the state's minerals To keep production right to state minerals shall be by the Minerals Act § 56 for each commenced 10 000 m² paid annual fees to the government with NOK 100
Annual fee per production area (extraction permit) shall not be less than $ 1,000.

§ 5-4. Annual fee for lengdeutmål For lengdeutmål limited in vertical direction by the Mining Act of 30 June 1972. 70 § 68 no. 5 shall be paid annual fees to the state in accordance with § 5-3.
For lengdeutmål by the Mining Act 14 July 1842 entered duck mining operations shall be by the Minerals Act § 56 paid annual fees to the government with £ 2000

§ 5-5. Annual landowner fee for operating the state's minerals - size and calculation extracting a deposit of minerals State shall Minerals Act § 57 first paragraph to pay the landowner an annual fee of 0.5 percent of the market value of what is recovered.
Basis for calculating the fee will basically be the extracting revenues (excluding VAT) by reacting the withdrawn amounts and amounts that potentially has market value, but extracting process for its own account or otherwise utilize without making sales. With substantial discrepancy between the extracting revenue and normal turnover value, the Directorate of Mining decide on the basis of calculation. In the event of further processing beyond normal ore dressing, added market value prior to the processing applied.
For use for the calculation of the fee to the landowner must extracting keep records where any delivery of products from the outlet, or in the case of sjeide- or concentrating, are continuously fed into specifying the nature of the products, the quantity and the price achieved. If extract even digesting the ore out of sjeiding and ore dressing, the assumed sales value prior to the processing noted in the minutes.
If landowners can not gain access to the protocol due to operational or business matters which for competition reasons important to keep secret for the sake of extracting, the landowner ask the Directorate of Mining to consider whether the calculation of the fee is in accordance with the information in the protocol. For carrying out checks after the first sentence directorate may require extracting the Directorate protocol or printing this.

§ 5-6. Increased landowner fee from the operation of state minerals in Finnmark In Finnmark Estate shall be in addition to the ordinary landowner fee paid an elevated landowner fee of 0.25 percent.

Chapter 6. Coercive fines and violation charges

§ 6-1. A coercive Coercive fines for Minerals Act § 66 may be determined as a daily fine or as a lump sum. If the obligation to pay a lump sum are not met by the deadline, it may be prescribed a new lump sum with a new deadline. Daily fine runs both on working days and holidays and is valid until the obligation is fulfilled.
Coercive fines begins to run when the deadline for rectifying the situation which is set in the decision on fines is expired. The length of the deadline will become apparent coercive fines, and determined on the basis of a specific assessment of the orders severity in relation to the consideration order is meant to safeguard.
Coercive force until the administrator has documented that the order is implemented.

§ 6-2. The enforcement of fines In calculating fines, particular emphasis is on

A)
type of orders that are not met

B)
how serious the lack of compliance with the order is in relation to the consideration order is to address

C)
cost of the responsible by fulfilling the order

D)
the controller's financial ability.

§ 6-3. The deadline for payment of fines Directorate of Mining set a deadline for payment of fines. The deadline for payment of the lump sum will be at least one week after notification of imposition of fines is received by the person responsible. The fine shall fall due for payment on the first working day after the deadline has expired. Daily fine payable in daily installments from the first working day after the deadline has expired.
If the fine is not paid within due, the current interest by the Act of 17 December 1976 no. 100 relating to interest on overdue payments

§ 6-4. The imposition and assessment of infringement penalties When deciding whether a violation penalty under the Minerals Act § 67 shall be imposed and when determining the amount of the fee should be particularly emphasized

A)
seriousness of the violation

B)
if you disobey the guidelines, instruction, training, inspection or other measures could prevented the violation

C)
whether the offense is committed to promote the offender's interests

D)

If the violator has had or could have obtained some advantage in contravention

E)
whether there is recurrence

F)
offender's financial ability.

§ 6-5. Deadline for payment of a penalty payment deadline imposed penalty fee is four weeks from the date of the decision. If the fee is not paid within due, the current interest by the Act of 17 December 1976 no. 100 relating to interest on overdue payments

§ 6-6. Recovery of fines and violation fines When the Directorate of Mining has taken a decision about fines and violation charges, submitted the claim to the State Collection Agency for collection. State Collection Agency sends out an invoice to the person required to pay the claim. Coercive fines and violation charges shall accrue to the Treasury. If the claim is not paid within due, the current interest by the Act of 17 December 1976 no. 100 relating to interest on overdue payments
Norwegian National Collection Agency notifies the enforcement of fines and financial penalty is due.

§ 6-7. Remission of fines and violation charges Directorate of Mining may, upon application completely or partially waive an imposed fine or violation charge if it is satisfied that there are special circumstances which made it very difficult to fulfill the obligations that underlie the decision about fines or fines.
Application for remission must be submitted to the Directorate within a month after the decision on the imposition of fines or violation charge is received by the person responsible.

Chapter 7. Final Provisions

§ 7-1. Effective regulation enters into force on 1 January 2010.

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