Act No. 101 on mining and extraction of mineral resources (The Minerals Act).
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
The purpose of this Act is to promote and ensure socially sound management and use of mineral resources in accordance with the principle of sustainable development. The Act contains 70 Sections divided into the following Chapters: 1. Introductory provisions; 2. Exploration; 3. Examination of property owner's minerals; 4. Examination of the state's minerals; 5. Extraction rights of the property owner's minerals; 6. Extraction rights of the state's minerals; 7. Expropriation; 8. Operation; 9. General provisions; 10. Fees and charges; 11. Supervision; 12. Administrative measures and sanctions; 13. Entry into force and transitional provisions.
The Act applies to exploration activities with the aim of extraction, as well as to extractions of mineral deposits. It applies within the Norwegian territory, with the exception of Svalbard. Management and use of mineral resources under this Act shall take into account: a) value creation and business development; b) the natural basis for Sami culture, their economic activities and community life; c) the surroundings and nearby areas during operation; d) the environmental consequences of extraction; and e) long-term planning for re-using and restituting the area.
According to the Act, anyone can undertake exploration activities, with the limitations that follow from this Act and other legislation. With this purpose, the exploring party can carry out the necessary works on the ground surface to detect mineral deposits. Further, anyone who wants to extract property owner's minerals, as defined in Section 7, must enter into an agreement with the landowner. If an agreement is not reached, an expropriation can be applied for. As regards state minerals, as defined in Section 7, the right to extract shall be granted when the applicant proves that there is a deposit of state minerals in the study area with such an abundance, size and nature that it can be assumed to be commercially viable, or to become commercially viable within a reasonable time.
As regards management, operations on mineral deposits shall take place in a professionally sound manner. Total extraction of mineral deposits of more than 10,000 m3 of untouched (in situ) mass requires a concession from the Norwegian Directorate of Mining. Any extraction of natural stone also requires an operating license. Further, all work in accordance with this Act shall be carried out with care so that damages are not bigger than necessary, and so that the work does not lead to unnecessary pollution or unnecessary damages to the environment. The Norwegian Directorate of Mining shall be the authority responsible for supervising this Act.
The Act applies to exploration activities with the aim of extraction, as well as to extractions of mineral deposits. It applies within the Norwegian territory, with the exception of Svalbard. Management and use of mineral resources under this Act shall take into account: a) value creation and business development; b) the natural basis for Sami culture, their economic activities and community life; c) the surroundings and nearby areas during operation; d) the environmental consequences of extraction; and e) long-term planning for re-using and restituting the area.
According to the Act, anyone can undertake exploration activities, with the limitations that follow from this Act and other legislation. With this purpose, the exploring party can carry out the necessary works on the ground surface to detect mineral deposits. Further, anyone who wants to extract property owner's minerals, as defined in Section 7, must enter into an agreement with the landowner. If an agreement is not reached, an expropriation can be applied for. As regards state minerals, as defined in Section 7, the right to extract shall be granted when the applicant proves that there is a deposit of state minerals in the study area with such an abundance, size and nature that it can be assumed to be commercially viable, or to become commercially viable within a reasonable time.
As regards management, operations on mineral deposits shall take place in a professionally sound manner. Total extraction of mineral deposits of more than 10,000 m3 of untouched (in situ) mass requires a concession from the Norwegian Directorate of Mining. Any extraction of natural stone also requires an operating license. Further, all work in accordance with this Act shall be carried out with care so that damages are not bigger than necessary, and so that the work does not lead to unnecessary pollution or unnecessary damages to the environment. The Norwegian Directorate of Mining shall be the authority responsible for supervising this Act.
Attached files
Web site
Entry into force notes
01 January 2010.
Notes
Consolidated version, as last amended by Act No. 85 of 11 June 2021.
Repealed
No
Publication reference
Section I 2009 issue 7.
Source language
English
Legislation Amendment
No
Original title
Lov om erverv og utvinning av mineralressurser (mineralloven).