Act of 19 June 2009 No. 100 Relating to the Management 
of Biological, Geological and Landscape Diversity (Nature 
Diversity Act)  
Translation for information use only.  
Chapter I Purpose and scope, etc.  
Section 1 (purpose of the Act)  
The purpose of this Act is to protect biological, geological and landscape diversity and ecological 
processes through conservation and sustainable use, and in such a way that the environment provides a 
basis for human activity, culture, health and well -being, now and in the future, including a basis for Sami 
culture.  
Section  2 (geographical scope of the Act)  
The Act applies to Norwegian land territory, including river systems, and to Norwegian territorial waters.  
Chapter VII of the Act applies to Svalbard  and Jan Mayen. The King may decide that other provisions also 
apply to Svalbard and Jan Mayen. The Act of 15 June 2001 No. 79 relating to the protection of the 
environment in Svalbard and the Act of 21 February 1930 No. 2 relating to Jan Mayen otherwise a pply 
instead of this Act.  
On the continental shelf and in the areas of jurisdiction established under the Act of 17 December 1976 
No. 91 relating to the economic zone of Norway, sections 1, 3 to 5, 7 to 10, 14 to 16, 57 and 58 apply to 
the extent they are appropriate.  
Section  3 (definitions)  
For the purposes of this Act, the following definitions apply:  
(a) species: a group of living organisms distinguished according to biological criteria;    
(b) population: a group of individuals of the same species living  within a delimited area at the same 
time;  
(c) biological diversity: ecosystem and species variability and intra -species genetic variability, and the 
ecological relationships between ecosystem components;  
(d) animal: mammal, bird, reptile, amphibian, fish or invertebrate;  
(e) alien organism: an organism that does not belong to a species or population that occurs naturally in 
an area ;  
(f) genetic material: genes and other hereditary material in any biological material that can be 
transferred to other organi sms with or without the help of technology, except for human genetic 
material;  (g) harvesting: hunting, trapping, fishing and collection of plants or parts of plants (including berries and 
fruit) and fungi, for recreational and commercial purposes;  
(h) imp ort: movement across a land border with a neighbouring state or to land from areas that lie 
outside the geographical scope of the Act;  
(i) biological, geological and landscape diversity: includes all diversity that is not largely a result of 
human influenc e; 
(j) habitat type: a homogeneous environment, including all plant and animal life and environmental 
factors that operate there, or special types of natural features such as ponds, habitat islands in fields or 
the like, and special types of geological fea tures;  
(k) organism: an individual plant, animal, fungus or microorganism, including all parts thereof that are 
capable of reproduction or of transferring genetic material;  
(l) plants: vascular plants, mosses and algae;  
(m) fungi: fungi and lichens;  
(n) release: release, intentional discharge of organisms or the disposal of such organisms as waste into 
the environment, or into a closed system from which escape is not impossible;  
(o) removal: any form of killing or extraction of entire or parts of organism s from the natural 
environment, regardless of its purpose;  
(p) wildlife: terrestrial mammals, birds, reptiles and amphibians that occur naturally in the wild;  
(q) invertebrate: animal without a backbone;  
(r) area with specific ecological functions: an are a, the delimitation of which may change over time, that 
fulfils an ecological function for a species, such as a spawning, nursery or larval drift area, migration 
route, feeding, moulting or overnighting area, display ground or mating area, breeding area, 
overwintering area or habitat.  
(s) ecological status: status of and trends for functions, structure and productivity in areas of a habitat 
type, viewed in the light of relevant environmental pressures;  
(t) ecosystem: a relatively well -delimited, homogeneo us natural system where plant, animal, fungus and 
microorganism communities interact with one another and with the non -living environment.  
Chapter II General provisions on sustainable use  
Section  4 (management objectives for habitat types and ecosystems)  
The objective is to maintain the diversity of habitat types within their natural range and the species 
diversity and ecological processes that are characteristic of each habitat type. The objective is also to maintain ecosystem structure, functioning and pr oductivity to the extent this is considered to be 
reasonable.  
Section  5 (management objectives for species)  
The objective is to maintain species and their genetic diversity for the long term and to ensure that 
species occur in viable populations in their n atural ranges. To the extent necessary to achieve this 
objective, areas with specific ecological functions for different species and other ecological conditions on 
which they are dependent are also to be maintained.  
The management objective under the firs t paragraph does not apply to alien organisms.  
The genetic diversity of domesticated species shall be managed in such a way that it helps to secure the 
future resource base.  
Section  6 (general duty of care)  
Any person shall act with care and take all reas onable steps to avoid causing damage to biological, 
geological and landscape diversity contrary to the objectives set out in sections 4 and 5. If an activity is 
carried out in accordance with a permit issued by an official authority, the duty of care is co nsidered to 
have been fulfilled if the conditions for the permit are still satisfied.  
Section  7 (the principles for official decision -making set out in sections 8 to 12)  
The principles set out in sections 8 to 12 shall serve as guidelines for the exercise of public authority, 
including when an administrative agency allocates grants, and for the management of real property. 
Decisions shall state how these principles have been applied in an assessment under the first sentence.  
Section  8 (knowledge base)  
Official decisions that affect biological, geological and landscape diversity shall, as far as is reasonable, 
be based on scientific knowledge of the population status of species, the range and ecological status of 
habitat types, and the impacts of environmenta l pressures. The knowledge required shall be in 
reasonable proportion to the nature of the case and the risk of damage to biological, geological and 
landscape diversity.  
Furthermore, the authorities shall attach importance to knowledge that is based on man y generations of 
experience acquired through the use of and interaction with the natural environment, including 
traditional Sami use, and that can promote the conservation and sustainable use of biological, geological 
and landscape diversity.  
Section  9 (pr ecautionary principle)  
When a decision is made in the absence of adequate information on the impacts it may have on the 
natural environment, the aim shall be to avoid possible significant damage to biological, geological or 
landscape diversity. If there is  a risk of serious or irreversible damage to biological, geological or 
landscape diversity, lack of knowledge shall not be used as a reason for postponing or not introducing 
management measures.  Section  10 (ecosystem approach and cumulative environmental e ffects)  
Any pressure on an ecosystem shall be assessed on the basis of the cumulative environmental effects on 
the ecosystem now or in the future.  
Section  11 (user -pays principle)  
The costs associated with preventing or limiting any damage caused by a project to biological, geological 
and landscape diversity shall be borne by the project owner, unless this is unreasonable in the light of 
the nature of the project and of the damage.  
Section  12 (environmentally sound techniques and methods of operation)  
In order to prevent or limit damage to biological, geological or landscape diversity, use shall be made of 
such methods and such techniques and siting of industrial and other activities as, based on an overall 
assessment of past, present and future use of s uch diversity and economic factors, produce the best 
results for society at large.  
Section  13 (quality norms for biological, geological and landscape diversity)  
The King may establish recommended quality norms for biological, geological and landscape diver sity, for 
example concerning the distribution or abundance of a species or the range or ecological status of a 
habitat type.  
Limit values for pollutants or environmental quality objectives for river systems are fixed in accordance 
with the provisions of th e Act of 13 March 1981 No. 6 relating to protection against pollution and to 
waste (the Pollution Control Act) or the Act of 24 November 2000 No. 82 relating to river systems and 
groundwater (the Water Resources Act).  
If a quality objective laid down in a norm under this Act is not achieved, or if there is a risk of this, the 
competent authority under this Act should in consultation with other authorities concerned draw up a 
plan for ways of nonetheless achieving the quality objective. Such plans may entail  a need to establish 
further regulations under this Act or other statutes.  
Section  14 (other important public interests and Sami interests)  
Measures under this Act shall be weighed against other important public interests.  
When decisions are made under t he Act that directly affect Sami interests, due importance shall be 
attached, within the framework that applies for the individual provision, to the natural resource base for 
Sami culture.  
Chapter III Species management  
Section  15 (principle for species m anagement)  
Harvesting and other removal of animals that occur naturally in the wild shall be authorised by statute or 
a decision pursuant to statute. Unnecessary harm and suffering caused to animals occurring in the wild 
and their nests, lairs and burrows shall be avoided.  Harvesting and other removal of plants and fungi occurring in the wild are permitted to the extent that 
they do not jeopardise the survival of the population concerned or are not limited by statute or by a 
decision pursuant to statute.  
The provisions of the first and second paragraphs do not preclude lawful access and passage, agricultural 
activities or other activities that take place in accordance with the duty of care laid down in section 6.  
Harvesting and other utilisation of marine or ganisms are regulated by the Act of 6 June 2008 No. 37 
relating to the management of wild living marine resources (the Marine Resources Act).  
Section  16 (harvesting of wildlife and salmonids and freshwater fish)  
Decisions to permit the harvesting of wildli fe are made under the Act of 29 May 1981 No. 38 relating to 
wildlife and wildlife habitats (the Wildlife Act).  
Decisions to permit the harvesting of salmonids and freshwater fish are made under the Act of 15 May 
1992 No. 47 relating to salmonids and freshw ater fish.  
Harvesting may only be permitted when the best available documentation indicates that the species 
produces a harvestable surplus.  
In making decisions regarding permission to harvest and regarding harvesting methods, importance shall 
also be atta ched to the function of the species in the ecosystem and the effect the harvesting may 
otherwise have on biological diversity. Importance shall also be attached to the significance of the 
species as food or for recreation, harvesting traditions in the area  in question and any damage that the 
species causes.  
The third and fourth paragraphs do not apply in the case of decisions regarding the harvesting of alien 
organisms.  
Section  17 (general provisions regarding other removal of wildlife and 
salmonids and fre shwater fish)  
Small rodents, reptiles and salmonids and freshwater fish may be killed if this is necessary to prevent 
injury to persons or damage to property.  
Wildlife may be killed in circumstances where this is considered necessary to eliminate an immedi ate and 
significant risk of injury to persons. The owner, or a person acting on behalf of the owner, may kill a wild 
animal making a direct attack on livestock or domesticated reindeer. Any kill or attempt to kill under this 
paragraph shall immediately be reported to the police.  
Killing to spare an animal unnecessary suffering is permitted in accordance with the Act of 20 December 
1974 No. 73 relating to animal welfare (the Animal Welfare Act). The same applies to killing in order to 
prevent an infectious d isease that may have significant social consequences in accordance with the Act of 
19 December 2003 No. 124 relating to food production and food safety (the Food Act).  Section  18 (other removal of wildlife and salmonids and freshwater fish after 
assessment  by the authorities  
The King may make regulations or individual decisions permitting the removal of wildlife and salmonids 
and freshwater fish  
(a) to protect naturally occurring plants, animals and ecosystems,  
(b) to prevent damage to crops, livestock, dom esticated reindeer, forest, fish, water or or other property,  
(c) to safeguard general health and safety interests or other public interests of substantial importance,  
(d) for capture for the purpose of restoring stocks,  
(e) for capture for the purpose of lawful breeding and farming,  
(f) for research, teaching or taxonomic purposes, or  
(g) which are alien organisms.  
Decisions under the first paragraph (a) to (f) may only be made if the removal does not jeopardise the 
survival of the stock and the purpose ca nnot be achieved in any other satisfactory manner.  
The competent authority under the Act may on its own initiative implement removal for such purposes as 
are mentioned in the first paragraph (a) to (d) and (g), cf. second paragraph. Such removal is not 
considered to be an individual decision and may if necessary take place on another person’s property. 
The King may make further regulations regarding such removal.  
The municipal authorities may grant permits for the removal of cervids and beavers to prevent damage 
under section 18, first paragraph (b), and for the removal of a beaver lodge or dam to prevent 
substantial damage due to flooding. The issue of permits by the municipal authorities may be appealed 
to the county governor.  
Section  19 (compensation for  loss and consequential costs when livestock and 
domesticated reindeer are killed or injured by predators)  
When livestock and domesticated reindeer are killed or injured by predators, the state shall provide full 
compensation for the loss and consequential  costs in accordance with regulations made by the King. The 
King may also make regulations regarding the recovery of an amount that has been incorrectly paid out.  
Section  20 (removal of invertebrates)  
Unless otherwise provided, it is permitted to  
(a) kill invertebrates that are a nuisance or cause damage,  
(b) kill alien invertebrates,  (c) remove invertebrates provided that this does not jeopardise the population in the area.  
When the competent authority under the Act takes measures under the first paragraph  (a) or (b), this 
may if necessary take place on the real property of other persons.  
The King may make regulations or individual decisions regarding harvesting and other removal of 
terrestrial invertebrates.  
Harvesting and other utilisation of marine wild  living invertebrates are regulated by the Marine Resources 
Act. 
Section  21 (removal of plants and fungi)  
Section  15, second paragraph, does not preclude the removal of plants and fungi to prevent injury to the 
health of persons or animals, damage to crops , forest or other property, to remove alien organisms, or to 
safeguard important public interests.  
The competent authority under the Act may implement measures on the property of other persons in 
order to prevent injury or damage as mentioned in the first paragraph, and removal in order to protect 
indigenous species and ecosystems.  
The King may make regulations or individual decisions regarding harvesting and other removal of plants 
and fungi that are not regulated by provisions laid down in or under anothe r statute.  
Harvesting and other utilisation of wild living marine plant and fungus species are regulated by the 
Marine Resources Act.  
Section  22 (regulation of access to and passage through uncultivated land)  
To prevent damage or disturbance to plants or animals, the King may make regulations regarding the 
organisation of major events on uncultivated land and regarding nature studies, photography, etc. and 
forms of access and passage that may cause particular damage.  
Section  23 (priority species)  
The King in Council may make regulations designating priority species. In making such decisions, 
substantial importance is to be attached to whether  
(a) the population status or trends for the species are contrary to the objective set out in section 5, first 
paragr aph, 
(b) a significant proportion of the species’ natural range is in Norway or it has distinctive genetic 
characteristics in Norway, or  
(c) there are international obligations related to the species.  
In the sea, the provision in the first paragraph (b) is  only applicable in particular cases.  When there is documentation to show, based on scientific criteria, that the population status or trends 
for a species are substantially contrary to the objective set out in section 5, first paragraph, the 
competent aut horities under the Act – on their own initiative or at the request of an organisation or other 
persons with legal interests in the matter – shall consider whether decisions should be made under the 
first paragraph.  
The Ministry may make regulations prescr ibing that priorities under the first paragraph (a) shall lapse 
when the species management objective set out in section 5, first paragraph, has been achieved.  
Section  24 (nature of the protection)  
Regulations governing priority species made under section 23, first paragraph, may  
(a) prohibit any form of removal of, damage to or destruction of a priority species or specific populations 
of the species, and prescribe that the provisions of sections 15 to 22 shall only apply to the extent that 
this follows fr om the regulations,  
(b) make provisions regarding the protection of certain types of areas of limited extent with specific 
ecological functions for the species. The considerations required to be taken into account must not render 
current use of the areas s ignificantly more difficult. If, following such a decision, the sum of such 
considerations constitutes restrictions that render use substantially more difficult and entail a substantial 
loss, the landowner may require the area to be protected under chapter  V or exemptions to be made 
from the priority status of the areas concerned under the fifth paragraph. The provision does not apply in 
the sea,  
c) require clarification of the impacts of any works planned in areas with specific ecological functions for 
the species concerned, including the identification of alternative areas that may be used to ensure the 
conservation of the species in accordance with section 5, first paragraph.  
The regulations may include provisions regarding management measures in accorda nce with section 47 
when this is necessary in order to ensure the conservation of the species. As far as possible, public grant 
schemes shall be used in a way that promotes the conservation of priority species.  
If provisions are made regarding the protect ion of certain types of areas with specific ecological functions 
for priority species under the first paragraph (b) in cases where active management or other types of 
measures are essential to safeguarding the area, the state shall present an action plan t o protect such 
areas. The public authorities may enter into further agreement with the landowner or the rightsholder 
regarding management of an area with specific ecological functions for priority species.  
In parallel with the making of regulations under s ection 23, first paragraph, the competent authority 
shall assess whether it is necessary to make further decisions regarding areas with specific ecological 
functions under the present or other statutes in order to protect the species and its genetic divers ity. 
The competent authority under the Act may grant exemptions from regulations made under section 23 if 
this does not result in the deterioration of the species’ population status or trend, or if significant public 
interests make it necessary.  Section  25 (protection of individual populations)  
The King may prescribe special management and protection measures, including total protection, for a 
population of a species if it is believed to have distinctive genetic characteristics.  
Section  26 (trade, etc.)  
In order to implement the Convention of 3 March 1973 on International Trade in Endangered Species of 
Wild Fauna and Flora (CITES) or other international obligations, or otherwise to conserve species 
naturally occurring in the wild, the King may make regulatio ns regarding the import and export, 
transport, sale and keeping or possession of living or dead specimens or parts of such.  
Section  27 (ex -situ conservation measures and measures for domesticated 
species)  
If a species is in immediate danger of extinction, the competent authority under this Act shall assess 
whether, in addition to decisions under section 23, ex -situ conservation measures shall be implemented, 
if this will promote the species’ survival in the natural environment.  
The King may make regulations  regarding special conservation measures for domesticated species in 
order to achieve the objective set out in section 5, third paragraph.  
Chapter IV Alien organisms  
Section  28 (due care requirement)  
Any person that is responsible for releasing living or viable organisms into the environment shall exercise 
due care, and as far as possible seek to prevent such release having adverse impacts on biological 
diversity. If an organism is released in accordance with a permit issued by a public authority, the duty  of 
care is considered to be fulfilled if the conditions of and for the permit are still satisfied.  
Any person that initiates an activity or project that may result in the spread or release of living or viable 
organisms beyond their natural range shall tak e reasonable measures to prevent this.  
If damage is caused to biological diversity or there is a risk of serious damage to biological diversity as a 
result of the release or unintentional discharge of alien organisms, the person responsible shall 
immediat ely notify the competent authority under this Act, and take measures in accordance with 
sections 69 and 70, unless such duty to notify the authorities and take measures is prescribed in another 
statute.  
The King may make regulations regarding activities or  projects that may entail a risk of the spread or 
unintentional discharge of organisms that do not occur naturally in an area, and regarding the duty of 
notification under the third paragraph.  
Section  29 (import)  
Living or viable organisms may only be impo rted to Norway subject to a permit granted by the 
competent authority under this Act.  If an organism is imported with a view to releasing it into the environment, the application for a permit 
shall clarify the possible effects of such release on biological  diversity.  
No permit may be granted if there is reason to believe that the import will have substantial adverse 
impacts on biological diversity.  
The King may make regulations regarding import under the first paragraph, including requirements for 
permits a nd conditions for permits. The King may also make regulations to the effect that specific 
organisms or groups of organisms may be imported without a permit under this section, and may in such 
cases lay down requirements to provide notification. The King ma y also make regulations prohibiting the 
import of specific organisms if this is considered necessary in order to avoid substantial adverse impacts 
on biological diversity.  
Unless otherwise provided by regulations made by the King, no permit is required un der this Act for the 
import of terrestrial plants and specified livestock. Nor is a permit required for the import of biological 
control agents for which an import permit has been granted in or under other legislation.  
Section 30 (release and placing on th e market)  
Without legal authority under section 31 or a permit granted by the competent authority under this Act, 
no person must release  
a) organisms belonging to species or subspecies that do not occur naturally in Norway, including 
foreign tree species;  
b) wildlife belonging to species, subspecies or populations that do not already occur naturally in the 
district;  
c) organisms, except for those belonging to a native population, to the sea or a river system, 
including artificial ponds, unless a permit has been gran ted under the Act of 17 June 2005 No. 
79 relating to aquaculture (the Aquaculture Act). The release of organisms belonging to a native 
population for the purpose of stock enhancement requires a permit under the Salmonids and 
Freshwater Fish Act.  
The King m ay make regulations requiring permits for the release of organisms that do not already occur 
naturally in an area, with the exception of plants in private gardens. The King may also make regulations 
prohibiting the release and placing on the market of spec ific organisms if this is considered necessary in 
order to avoid substantial adverse impacts on biological diversity.  
Applications for permits for release under the first paragraph and under regulations adopted under the 
second paragraph, first sentence, s hall give an account of the impacts such release may have on 
biological diversity. A permit may not be granted if there is reason to believe that the release will have 
substantial adverse impacts on biological diversity.  
Section  31 (release without a spec ial permit)  
The release of the following is permitted without a special permit provided that the duty of care under 
section 28 is observed:  a) organisms imported subject to a permit under section 29, first paragraph, cf. second paragraph, 
with a view to relea se; 
b) Norwegian tree species;  
c) plants in private gardens;  
d) plants in parks and other cultivated areas, if the plants are not likely to spread outside the area 
and the spread is not likely to involve a risk of adverse impacts on biological diversity;  
e) biological control agents for which a release permit has been granted in or under other 
legislation.  
The King may make regulations to the effect that specific organisms or groups of organisms may be 
released without a special permit if such release is not likely to involve a risk of adverse impacts on 
biological diversity. In such cases, notification may be required, and the right to release organisms 
without a permit may be limited to specified areas.  
Release under the first paragraph may not take place co ntrary to regulations under section 30, second 
paragraph. This does not apply to Norwegian tree species.  
Section  32 (relationship to other Acts)  
The requirement of a permit under this Act does not exempt the applicant from the requirement of an 
import or r elease permit under other legislation. If an import or release permit is required under two or 
more statutes, the competent authorities under the present and other statutes shall ensure that the 
processing of applications is coordinated. The King may make regulations regarding such coordination.  
The provisions of sections 28 to 31 do not apply to genetically modified organisms falling within the 
scope of the Act of 2 April 1993 No. 38 relating to the production and use of genetically modified 
organisms (the  Gene Technology Act).  
Assessments under this chapter shall not include considerations relating to plant, animal and human life 
and health that are safeguarded by the Act of 5 August 1994 No. 55 relating to the control of 
communicable diseases (Communicabl e Diseases Control Act) and the Food Act.  
Chapter V Protected areas  
Section  33 (objectives relating to protected areas)  
Protected areas on land, in river systems and in the sea under this chapter shall promote the 
conservation of  
(a) the full range of var iation of habitats and landscape types,  
(b) species and genetic diversity,  
(c) endangered natural environments and areas with specific ecological functions for priority species,  
(d) major intact ecosystems, also making them accessible for low -impact outdoo r recreation  
(e) areas of special conservation value,  (f) natural environments that reflect human use through the ages (cultural landscapes) or that are also 
of historical value, and facilitation of forms of use that help to maintain biological, geological  and 
landscape diversity,  
(g) ecological and landscape coherence at national and international level, or  
h) reference areas where environmental trends can be monitored.  
When a decision is made under another statute to protect the natural environment in an  area, 
importance should be attached to the objectives in the first paragraph. If such decisions made under 
another statute are part of a plan that covers areas protected by a decision under this Act, the King may 
prescribe provisions to ensure that the pr otection provided by the various statutes is coordinated in order 
to promote the objective of the plan.  
Section  34 (regulations regarding protected areas)  
Individual protected areas, cf. sections  35 to 39, will be established by the King in Council by mean s of 
regulations. The landowners and rightsholders affected by the regulations are also subject to the 
provisions of the Public Administration Act regarding individual decisions.  
The regulations describe the purpose of protecting the area, including the natural and cultural qualities 
such protection is intended to safeguard and the state that protection is intended to achieve, the limits of 
the protected area, affected properties and provisions regarding use of the area. Regulations relating to 
marine pro tected areas shall state whether the purpose of protection applies to the seabed, water 
column, water surface or a combination of these.  
The geographical extent of the protected area shall be consistent with the purpose of protection. In 
determining the li mits of the protected area, importance shall be attached to safeguarding ecological 
functions of significance for achieving the purpose of protection and the resilience of the ecosystem to 
external pressures.  
Within the framework of the provisions that app ly to the individual category of protected area, the King 
may in the regulations prohibit or regulate activities or access or passage which alone or when combined 
with other use may undermine the purpose of protection. Special rules may be prescribed for d ifferent 
parts of the area when this is compatible with the function of the part in achieving the purpose of 
protection.  
The regulations establishing a protected area shall not preclude the continuation of sustainable use that 
reinforces the purpose of suc h protection.  
Section  35 (national parks)  
Large areas of natural habitat that contain distinctive or representative ecosystems or landscapes and 
where there is no major infrastructure development may be protected as national parks.  
No activity that has a l asting impact on the natural environment or cultural heritage is permitted in a 
national park, unless such impact is essential to achieving the purpose of protection. The regulations 
shall protect the landscape and its plants, animals, geological features and cultural monuments from development, installations, pollution and other activity that may defeat the purpose of protection, and 
ensure that people can enjoy an undisturbed natural environment. Pedestrian access or passage in 
accordance with the provisi ons of the Outdoor Recreation Act is permitted. Such access or passage may 
only be limited or prohibited in delimited areas of a national park, and only if necessary in order to 
protect plants or animals, cultural monuments or geological features.  
A draft strategic management plan shall be presented when a decision is made to protect an area. When 
an operational management plan is also relevant, it shall be part of the strategic management plan.  
Section  36 (protected landscapes)  
Natural or cultural landsca pes that are important in ecological or cultural terms, as a source of 
enjoyment or as a basis for forming an identity may be protected as protected landscapes. Cultural 
monuments that contribute to the distinctive character of a landscape are considered t o be part of the 
landscape.  
In a protected landscape, no projects may be initiated which may substantially alter the nature or 
character of the landscape. Current activities may be continued and developed within the limits of the 
first sentence. New projec ts shall be adapted to the landscape. Importance shall be attached to the 
overall impact of the projects implemented in the area. The regulations may include provisions regarding 
what may substantially alter the nature or character of the landscape, requir ements relating to 
adaptation to the landscape, and non -pedestrian access or passage.  
With regard to the parts of the protected landscape where use is essential to achieving the purpose of 
protection, a draft management plan to ensure that the purpose of p rotection is achieved shall be 
presented at the latest when a decision is made under the first paragraph to establish the protected 
landscape. The plan may include agreements regarding land use, the use of landscape elements or 
methods of operation. The pl an or agreement may contain provisions regarding financial compensation to 
private individuals who contribute to management of the protected landscape.  
A draft strategic management plan shall be presented when a decision is made to protect a landscape. In 
cases where an operational management plan is also relevant, it shall be part of the management plan.  
Section  37 ( nature reserves)  
Areas which  
(a) contain endangered, rare or vulnerable species, communities, habitats or landscape types,  
(b) represent a sp ecific type of habitat,  
(c) are otherwise of particular importance for biological diversity,  
(d) comprise a distinctive geological feature, or  
(e) are of special scientific interest  
may be protected as nature reserves.  An area which, if allowed to develop without human intervention or actively managed through habitat 
restoration, is likely to develop such qualities as are mentioned in the first paragraph may also be 
protected as a nature reserve.  
In a nature reserve no person must do anything that reduces t he conservation value of the area as 
described in the purpose of protection. A nature reserve may be given absolute protection from all 
activity, projects and access or passage. The regulations may contain provisions regarding protection of 
the cultural he ritage in the reserve.  
If a decision is made to establish a nature reserve in an area where active restoration measures are 
required, or where active use is essential to achieving the purpose of protection, a draft management 
plan to ensure that the purpo se of protection is achieved shall be presented at the time the decision is 
made. The plan may include agreements regarding land use, the use of landscape elements or methods 
of operation. The plan or agreement may contain provisions regarding financial co mpensation to private 
persons who contribute to management of the protected landscape.  
Section  38 (habitat management areas)  
An area that has or may have special importance because it fulfils specific ecological functions for one or 
more specified species may be protected as a habitat management area. A prohibition may be imposed 
on activity and access or passage that may affect or disturb the species or the ecological conditions 
necessary to its existence. Section 37, fourth paragraph, applies correspondin gly. 
Section  39 (marine protected areas)  
Marine protected areas may be established on the grounds of their marine conservation value, but also 
to safeguard valuable marine areas that are ecologically necessary for terrestrial species.  
Areas which  
a) contain distinctive or representative ecosystems and are without major infrastructure development,  
b) contain endangered, rare or vulnerable species, communities, habitats or landscape types,  
c) represent a specific type of habitat,  
d) are otherwise of pa rticular importance for biological diversity,  
e) comprise a distinctive geological feature,  
f) are of special scientific interest, or  
g) are of special importance as an area with specific ecological functions for one or more specified 
species  
may be prote cted as marine protected areas.  
Marine protected areas may be established to fulfil one or more of the objectives set out in section 33, 
first paragraph.  The decision to establish a marine protected area must state whether the purpose of the protection and  
restrictions apply to the seabed, water column, surface or a combination of these elements. Sections 33, 
34 and 40 to 51 otherwise apply correspondingly to the extent they are appropriate.  
In a marine protected area no person must do anything that reduces  the conservation value of the area 
as described in the purpose of protection. A marine protected area may be protected from all activity, 
pollution, projects and use, subject to the limitations that follow from international law. Any restrictions 
imposed on activity shall be proportional to the purpose of protection.  
Harvesting and other utilisation of wild living marine resources are regulated under the Marine Resources 
Act within the limits of the protection regulations.  
Marine areas where protection con sists solely of specific provisions regulating fishing activities shall be 
established under the Marine Resources Act.  
Section  40 (international status for protected areas)  
The King may make regulations granting a protected area special status under an int ernational 
convention on the protection of the natural or cultural environment. The effect that the convention in 
question attributes to such status also applies as Norwegian law.  
Section  41 (administrative procedure)  
When a protection process under this c hapter commences, steps shall be taken within the limits of the 
second to third paragraphs and sections 42 and 43 to ensure that administrative procedures are carried 
out in the closest possible cooperation with landowners, rightsholders, interested commer cial parties and 
representatives of the local community, including Sami cultural and business interests, the municipal and 
county authorities, the Sami Parliament and other relevant authorities.The same applies when a 
landowner or rightsholder himself offe rs areas for protection. The administrative process shall ensure 
that the purpose of protection and the conservation value, the delimitation of the area and the 
consequences of protection are defined as clearly as possible. As part of the administrative pr ocess, 
information shall also be obtained regarding other possible elements of value in the area.  
The issue of the simultaneous commencement of municipal and regional planning work under the Act of 
27 June 2008 No. 71 relating to planning and the processin g of building applications (the planning part of 
the Planning and Building Act) shall be clarified with the municipal and county authorities. The King may 
make regulations regarding the coordinated processing of plans under the Planning and Building Act an d 
protection under this Act.  
Section  42 (announcement of planned proposals for protection of an area)  
The competent authority shall publish the proposal for protection of an area, with the main consequences 
it is expected to have, in at least one newspaper  that is widely read locally. Proposals regarding marine 
protected areas shall be announced in a manner appropriate to make interested parties aware of the 
proposal. As far as possible, landowners and other rightsholders shall be informed by letter and giv en a 
reasonable time limit for submitting comments before a proposal is drawn up.  At an early stage of the preparations, and well before the proposal is announced, steps shall be taken to 
establish cooperation with any public authorities, organisations, et c. which have a special interest in the 
protection measure. Regulations shall be drawn up in cooperation with the central government 
authorities concerned.  
Section  43 (consultation regarding proposal for protection regulations)  
The proposed regulations sha ll be circulated for comment under the provisions of section 37 of the Act of 
10 February 1967 relating to procedure in cases relating to the public administration (the Public 
Administration Act). The provisions of section 16 of the Public Administration A ct apply to notification of 
landowners and rightsholders. The proposal shall be deposited for public inspection in at least one easily 
accessible place and published in the Norwegian Gazette and in at least one newspaper that is widely 
read locally.  
The pr oposal circulated for comment shall describe the area to which the proposal applies, including the 
purpose of protection and the conservation value, the delimitation of the area concerned and any 
qualities other than biological, geological and landscape di versity, as well as the anticipated 
consequences of the proposal, and give a time limit of at least two months for submitting comments.  
The proposal shall be submitted to the municipal authorities, the county authorities and central 
government agencies con cerned for comment, and to the Sami Parliament if the protection proposal 
affects Sami interests.  
Section  44 (measures in connection with the initiation of the administrative 
process)  
When an announcement has been made under section 42, an administrative agency may automatically 
reject an application for a permit, etc. for a project in an area to which the protection proposal applies. A 
permit may only be granted if the project will have no significant impact on the purpose of the proposal. 
When important public interests make it necessary, the King may nonetheless grant a permit for the 
project.  
Simultaneously with or after an announcement as mentioned in section 42, the Ministry may prescribe a 
duty to provide notification of projects that do not require a permit under other statutes for all or parts of 
the proposed protected area. The duty of notification shall be announced in the same way as the 
protection proposal. The consultation process under section 37, first paragraph, of the Public 
Administration Act shall be implemented after the duty of notification has been determined, in order to 
decide whether the duty of notification should be maintained and whether further provisions should be 
laid down regarding such duty.  
When an announcement has been made  under section 42, a public authority may not provide a grant for 
a project in an area to which the protection proposal applies. The competent authority may grant 
exemptions from this rule if the project will have no significant impact or will have a favou rable impact 
on the purpose of the proposal.  The King may decide that all or part of the provisions of the first to third paragraphs shall also be applied 
before a protection proposal is announced, if key public authorities have begun work on an overall 
protection plan.  
The effects of the first to fourth paragraphs are limited to four years after the proposal has been 
announced. The Ministry may extend the effects by up to two years.  
Section  45 (temporary protection)  
The Ministry may make regulations regard ing the temporary protection of specified areas in order to 
prevent damage to their conservation value. The provisions of the Public Administration Act regarding 
individual decisions apply in respect of private landowners and rightsholders who are affected  by the 
decision.  
When a specific habitat type is in danger of being permanently lost, the King may make regulations 
prescribing limitations and prohibiting activities and access or passage that may further jeopardise the 
continued existence of the habitat  type. 
Sections 41 to 43 do not apply to decisions regarding temporary protection under the first and second 
paragraphs. When a temporary protection decision is made, the administrative process shall continue 
without undue delay. The effect of a temporary protection decision is limited to four years from the time 
the decision was announced. The Ministry may extend the effect of the temporary protection decision by 
up to two years.  
Section  46 ((statement of grounds for and announcement of protection 
decision s) 
In decisions made under section  34, an account shall be given in the grounds of the biological, geological 
and landscape diversity and other qualities that are protected in and by the protection decision, and of 
how the latter helps to fulfil national o bjectives and international obligations.  
Decisions made under sections 34 and 45 shall be announced under the provisions of section 38 of the 
Public Administration Act and be published in at least one newspaper that is widely read locally. 
Decisions regard ing marine protected areas should be announced in a manner appropriate to make 
interested parties aware of the proposal. Landowners, rightsholders and municipal authorities in the 
protected area shall be notified of the decision under the provisions of sec tion 27 of the Public 
Administration Act. The announcement and the notification shall call attention to the right to 
compensation under section 50 and the time limit under section 51, first paragraph.  
The protection decision shall be registered judicially.  
The protection decision shall be publicly accessible in electronic format with associated maps.  
Section  47 (management of protected areas)  
In areas that are protected under this chapter, the administrative authority may carry out management 
measures and m ark the boundaries of the protected area. The administrative authority shall, if possible, enter into an agreement with the landowner whereby the latter shall carry out specified maintenance 
measures. The administrative authority may also enter into agreem ents with organisations with an 
interest in the matter or other persons to the effect that they shall carry out such maintenance 
measures.  
Management may include measures to maintain or achieve the state of the natural or cultural 
environment that is the p urpose of the protection, including measures to channel access or passage, 
removal of vegetation or alien tree species and restorative measures after works affecting the natural 
environment. No management measures that entail the harvesting of natural reso urces or a significant 
change in the state of the natural environment as it was when the protection process began, cf. section 
42 or section 45, first paragraph, may be carried out under this section.  
If management measures affect private property or right s in the protected area, the owner or 
rightsholder shall as far as possible be notified in advance.  
Any financial benefits arising from the implementation of management measures accrue to the 
landowner or the rightsholder.  
If possible, a draft operational management plan for the protected area shall be presented at the time 
the protection regulations are laid down.  
Section  48 (exemption from a protection decision)  
The administrative authority may grant exemption from a protection decision if it is not contr ary to the 
purpose of the protection decision and cannot make a significant impact on the conservation value, or if 
safety considerations or important public interests make it necessary.  
When weighing other important public interests against the interests promoted by the protected area, 
particular emphasis shall be placed on the importance of the protected area for the overall network of 
protected areas and on whether a corresponding protected area can be established or developed 
elsewhere. The owner of a p roject may be required to bear reasonable costs arising from the 
safeguarding, establishment or development of such a corresponding area.  
If a permit is required for a project under both the protection regulations and other legislation, the 
project owner m ay choose to submit parallel applications for permits. In such cases, a decision shall first 
be made under the protection regulations, unless otherwise provided by the protection regulations or the 
consent of the administrative authority.  
An application fo r exemption under the first paragraph shall contain necessary documentation of the 
impact of the project on the conservation value. In an exemption under the first paragraph, the grounds 
for the decision shall show how the administrative authority has asse ssed the impacts on the 
conservation value that may result from exemption, and what importance has been attached to these 
impacts.  
Section  49 (activities located outside a protected area which may cause damage 
within the area)  If an activity for which a permit is required under another statute may have an impact on the 
conservation value of a protected area, importance shall be attached to this value when deciding whether 
a permit should be granted, and when setting conditions. The duty of care under sect ion 6 applies to 
other activities.  
Section  50 (compensation to landowners and rightsholders in protected areas)  
A landowner or a holder of rights in property that is wholly or partly protected as a national park, 
protected landscape, nature reserve, habita t management area or marine protected area is entitled to 
compensation from the state for financial losses incurred when protection makes current use of the 
property more difficult. In the case of use requiring a permit from an official authority, the righ t to 
compensation only applies if a permit was granted before an announcement was made under section 42.  
When the conditions under the first paragraph are fulfilled, compensation for losses incurred in 
connection with current use is determined in accordanc e with the calculation rules set out in the Act of 6 
April 1984 No. 17 on compensation for the expropriation of real property (the Expropriation 
Compensation Act). The date of the protection decision shall serve as the basis for application of section 
10 of the said Act.  
The King will make regulations prescribing what is considered to be current use for activity in accordance 
with 
(a) a production licence under the Act of 29 November 1996 No. 72 relating to petroleum activities (the 
Petroleum Act),  
(b) a mi ning lease under the Act of 30 June 1972 No. 70 relating to mining (the Mining Act),  
(c) the Mineral Resources Act.  
Section  51 (procedure for determining compensation)  
Not later than one year after the protection decision was made, the State shall make an offer of 
compensation under section 50 to an owner or a rightsholder who has submitted a written claim for 
compensation within four months of the protection decision. The Ministry may extend the time limit and 
may also grant reinstatement of the claim if t he time limit is exceeded. The provisions of the Act of 17 
June 2005 No. 90 relating to mediation and procedure in civil disputes (the Dispute Act) regarding 
reinstatement apply to the extent appropriate.  
If the offer is not accepted, the owner or rightsho lder may, not later than six months after the offer was 
made, submit a claim to the county governor requesting that the state apply to the district court for 
judicial assessment of compensation under section 50.  
Assessment proceedings are conducted under t he provisions of the Act of 1 June 1917 No. 1 relating to 
assessment and expropriation cases (the Assessment Procedure Act) and the provisions of this 
paragraph. Under the provisions of the Dispute Act, the district court may grant reinstatement if the tim e 
limit laid down in the second paragraph is exceeded. Section 42 of the Assessment Procedure Act applies 
to costs of assessment at first instance. If the state applies for a review of the assessment, the state shall cover the necessary costs incurred by t he landowner. If the landowner applies for a review of the 
assessment, the provisions of chapter 20 of the Dispute Act shall apply.  
Chapter VI Selected habitat types  
Section  52 (selected habitat types)  
In order to promote the objective set out in section 4 , the King in Council may make regulations 
designating specific habitat types as selected throughout or in parts of the country. The regulations may 
prescribe further criteria for the types of areas of a selected habitat type to which the provisions of thi s 
chapter apply.  
In deciding whether to designate a habitat type as selected, particular importance shall be attached to 
whether  
a) trends for or the status of the habitat type are contrary to the objective set out in section 4,  
b) the habitat type is imp ortant for one or more priority species,  
c) a significant proportion of the natural range of the habitat type is found in Norway, or  
d) international obligations apply to the habitat type.  
When there is documentation to show that the status of or trends fo r a habitat type based on scientific 
criteria are significantly contrary to the objective set out in section 4, the competent authorities under 
this Act shall – of their own initiative or at the request of an organisation or another person who has a 
legal interest in the matter – assess whether regulations should be made under the first paragraph.  
When a habitat type is selected for which active management or other types of measures are essential to 
the maintenance of the habitat type, the state shall pres ent an action plan to safeguard the habitat type.  
Section  53 (general importance of the selection)  
In exercising the duty of care under section 6, special account shall be taken of areas of selected habitat 
types so as to avoid reduction of the range of th e habitat type or deterioration of the ecological status of 
the areas.  
In the exercise of official authority, including the allocation of grants by an administrative agency, and in 
the management of real property, special account shall be taken of areas of  selected habitat types so as 
to avoid reduction of the range of the habitat type or deterioration of the ecological status of the areas. 
Before a decision is made to carry out works in an area of a selected habitat type, the impacts on the 
selected habita t type must be ascertained. The King may make regulations regarding how such impact 
assessments are to be carried out and processed.  
In considering whether the range of the selected habitat type will be reduced or whether its ecological 
status will deterio rate, importance shall be attached to the significance of the area in question for the 
overall range and quality of the habitat type and to whether a corresponding area can be established or developed elsewhere. The project owner may be required to bear re asonable costs relating to the 
maintenance, establishment or development of such an area.  
A legally binding plan under the Planning and Building Act which defines the land use of an area of a 
selected habitat type and which is adopted after regulations under section 52 have been made will 
prevail over the provisions of the first to third paragraphs.  
The municipal authorities may make regulations providing that the provisions of sections 53 to 56 shall 
also apply to municipal management of areas of other specified habitat types in the municipality.  
The public authorities may enter into further agreement with a landowner or rightsholder regarding the 
management of an area of a selected habitat type.  
Section  54 (duty of notification of forestry projects)  
A forestry project that affects areas of selected habitat types and that does not require a permit shall be 
notified to the municipal authorities before work on the project is begun. A reply shall have been 
received from the municipal authorities before the project is carried out. The municipal authorities shall 
consider the project under the provisions of section 53, second and third paragraphs. If the municipal 
authorities find that the project may result in reduction of the range of the habitat type or det erioration 
of its ecological status, the authorities may refuse to permit the project or make further orders as to how 
the project shall be implemented in accordance with the provisions of section 6, fourth paragraph, or 
section 8, second paragraph, of the  Act of 27 May 2005 No. 31 relating to forestry (the Forestry Act). 
The time limit for responding may be laid down in regulations made under section 52, first paragraph.  
Section  55 (duty of notification of agricultural projects)  
An agricultural project tha t affects areas of selected habitat types and that does not require a permit 
shall be notified to the municipal authorities before work on the project is begun. A reply shall have been 
received from the municipal authorities before the project is carried o ut. The municipal authorities shall 
consider the project under the provisions of section 53, second and third paragraphs. If the municipal 
authorities finds that the project may result in reduction of the range of the habitat type or deterioration 
of its e cological status, the authorities may refuse to permit the project or make further orders as to how 
the project shall be implemented in accordance with the regulations made under section 11, first 
paragraph, of the Act of 12 May 1995 No. 23 relating to lan d (the Land Act).  
Owners or users of agricultural properties that contain areas of selected habitat types may apply to the 
municipal authorities for approval of an environmental plan. If such approval is granted, the duty of 
notification under the first pa ragraph does not apply to agricultural projects carried out in accordance 
with the plan.  
Section  56 (announcement and appeal)  
Notice that a permit has been granted to carry out a project in areas of a selected habitat type shall be 
published in at least on e newspaper that is widely read locally or in the way prescribed by the individual 
statutes. In the case of selected marine habitat types, the announcement shall be made in a manner 
appropriate to make interested parties aware of the permit.  If a permit or  the rejection of a permit for a project in an area of a selected habitat type is appealed 
against under other provisions currently in force, a superior environmental protection authority shall be 
given the opportunity to express an opinion on the appeal.  
The municipal authorities report on areas of selected habitat types through the general reporting 
procedures that have been established between municipal and central government authorities.  
Chapter VII  Access to genetic material  
Section  57 (management of genetic material)  
Genetic material obtained from the natural environment is a common resource belonging to Norwegian 
society as a whole and managed by the state. It shall be utilised to the greatest possible benefit of the 
environment and human beings in b oth a national and an international context, also attaching 
importance to appropriate measures for sharing the benefits arising out of the utilisation of genetic 
material and in such a way as to safeguard the interests of indigenous peoples and local commu nities.  
Section  58 (collection and utilisation of genetic material obtained from the natural environment)  
The King may determine that the collection of biological material from the natural environment for the 
purpose of utilising the genetic material, or t he utilisation of such material, requires a permit from the 
Ministry. If a collection permit has been granted, no new permit is required for subsequent utilisation, 
but the conditions for the permit apply correspondingly to any person that acquires the mat erial or 
results arising from the collection. Collection for use in public collections and for use and further breeding 
or cultivation in agriculture or forestry does not require a permit.  
The first paragraph does not limit the right of any owner or other entitled person to deny access on other 
grounds  
a) to the biological material, or  
b) to the land  
from which the genetic material is obtained.  
When granting permission under the first paragraph, the competent authority may grant exemptions 
from the provisi ons of chapter III.  
The King may make regulations regarding which information the application shall contain, including 
information regarding use of the knowledge of indigenous peoples or local communities. Further 
provisions may also be made in the regulat ions regarding which conditions may be set, such as 
conditions to the effect that any benefits arising out of the utilisation of genetic material collected from 
the natural environment within Norwegian jurisdiction shall accrue to the state. The regulation s may also 
state how the interests of landowners and indigenous peoples and local communities can be reasonably 
safeguarded. Conditions may be set for the further utilisation of material that is necessary to ensure the 
promotion of the objective set out in  section 57.  Section  59 (genetic material in public collections)  
Public collections shall be managed in accordance with the principles set out in section 57. The person 
managing the collection has a duty to register any genetic material removed from the co llection and 
provide public access to such information.  
A public collection means a collection of genetic material that is managed by or on behalf of the state and 
to which any person has access on specified conditions.  
Any person that receives genetic material derived from a public collection shall refrain, in Norway or 
abroad, from claiming intellectual property rights or other rights to the material that would limit use of 
the material, such as use for food or agriculture, unless the material has been  modified in a way that 
results in a substantial change.  
If intellectual property rights over genetic material are established contrary to the third paragraph, the 
competent authorities under the Act shall consider taking measures, including bringing legal  action, to 
ensure promotion of the objective set out in section 57.  
Any person may invoke conditions under the third paragraph, or other conditions that have been set for 
collection, against any person that, contrary to such conditions, seeks to enforce an intellectual property 
right.  
The King may make further regulations regarding removals from collections, including setting such 
conditions as are mentioned in section 58, fourth paragraph, last sentence.  
With regard to the removal of genetic material cov ered by the International Treaty on Plant Genetic 
Resources for Food and Agriculture of 3 November 2001 or by another international agreement, the 
standard conditions laid down under the agreement shall apply.  
Section  60 (genetic material from other countries)  
The import for utilisation in Norway of genetic material from a state that requires consent for collection 
or export of such material may only take place in accordance with such consent. The person that has 
control of the material is bound by th e conditions that have been set for consent. The state may enforce 
the conditions by bringing legal action on behalf of the person that set them.  
When genetic material from another country is utilised in Norway for research or commercial purposes, it 
shall be accompanied by information regarding the country from which the genetic material has been 
received (provider country). If national law in the provider country requires consent for the collection of 
biological material, it shall be accompanied by inform ation to the effect that such consent has been 
obtained.  
If the provider country is a country other than the country of origin of the genetic material, the country 
of origin shall also be stated. The country of origin means the country in which the materia l was collected 
from in situ sources. If national law in the country of origin requires consent for the collection of genetic 
material, information as to whether such consent has been obtained shall be provided. If the information 
under this paragraph is n ot known, this shall be stated.  The King may make regulations prescribing that if utilisation involves use of the traditional knowledge of 
local communities or indigenous peoples, the genetic material shall be accompanied by information to 
that effect.  
When genetic material covered by the International Treaty on Plant Genetic Resources for Food and 
Agriculture of 3 November 2001 is utilised in Norway for research or commercial purposes, it shall be 
accompanied by information to the effect that the material has been acquired in accordance with the 
Standard Material Transfer Agreement established under the treaty.  
Section  61 (implementation of the International Treaty on Plant Genetic 
Resources for Food and Agriculture)  
The King may make regulations regarding the implementation of the International Treaty on Plant 
Genetic Resources for Food and Agriculture of 3 November 2001 in Norwegian law. The regulations may 
make further clarifications and exemptions from the provisions of this chapter.  
Chapter VIII Compete nt authority under the Act, 
supervision, etc.  
Section  62 (competent authority under the Act)  
The King is the highest authority under this Act.  
The King may decide that the municipal authorities are the competent authority under further provisions 
prescribe d in or under the Act. The King may give instructions to municipal authorities regarding the 
exercise of delegated authority under provisions laid down in or under chapter V. The King may decide 
that a specially appointed body is the administrative authori ty for an area that has been protected under 
chapter V.  
The Directorate for Nature Management is the appeals body for decisions made by municipal authorities 
under this Act, unless otherwise provided. The county governor has the right to appeal against dec isions 
made by municipal authorities to whom authority has been delegated.  
The King may make regulations regarding municipal exercise of authority or performance of functions 
under the Act.  
Section  63 (supervision)  
The Ministry supervises the state of the natural environment and monitors compliance with the 
provisions laid down in and under the Act. The supervisory authority decides the areas that shall be 
subject to supervision. The supervisory authority shall carry out sufficient control and inspection 
measures to be able to detect breaches of provisions.  
When supervision is exercised, the person being inspected or the person responsible for the activity shall 
provide the supervisory authority with necessary assistance or information. The supervisory autho rity 
may stop persons, vessels or motor vehicles if this is necessary in order to exercise supervision. Importance shall be attached to exercising supervision as effectively as the circumstances permit with 
the least possible impact on the environment.  
The authorities shall promote achievement of the objectives of this Act by providing advisory services, 
guidance and information.  
Section  64 (investigation)  
If necessary in order to carry out tasks under the Act, the supervisory authority or the police shall be 
given unimpeded access to property where activities are being carried out that may have an impact on 
biological, geological or landscape diversity, or where it may be assumed that there has been an impact 
on such diversity,. The supervisory authority ma y also require documents or other material that may be 
of importance for carrying out tasks under this Act to be submitted for inspection.  
Section  65 (duty to provide information)  
Any person that possesses or does anything that may have an impact on biological, geological and 
landscape diversity has a duty, on the orders of the supervisory authority and notwithstanding any duty 
of secrecy, to provide the supervisory authority with a ny information necessary to enable it to carry out 
its tasks under this Act.  
If damage is caused to biological, geological and landscape diversity or if there is a risk of serious 
damage of this nature as a result of activities regulated under this Act, t he person responsible shall notify 
the competent authority under the Act as quickly as possible, unless the risk has already been averted or 
the damage has been repaired.  
Section  66 (internal control)  
The Ministry may make regulations relating to internal control and internal control systems to ensure 
compliance with requirements laid down in or under this Act.  
Section  67 (amendment and revocation of permits)  
The competent authority under this Act may cancel or amend the conditions of a permit granted under  
the Act, or set new conditions, and if necessary revoke the permit if  
a) it is necessary in order to prevent substantial unforeseen adverse impacts on biological, geological or 
landscape diversity,  
b) the adverse impacts can be reduced without unreasonab le cost to the project owner;  
c) new technology makes it possible to reduce substantially the adverse impacts on biological, geological 
or landscape diversity,  
d) revocation or amendment is necessary in order to achieve quality norms prescribed under secti on 13, 
e) the project owner contravenes provisions laid down in or under this Act and the contravention in 
question is significant, repeated or persistent, or  f) this otherwise follows from other revocation rules currently in force.  
A permit may in any cas e be revoked or amended if it is more than 10 years since it was granted. The 
competent authority may relax restrictions and conditions set out in a permit if experience shows that 
this can be done without resulting in any substantial adverse impact on bio logical, geological or 
landscape diversity. In making decisions under the first and second paragraphs, account shall be taken of 
the costs that amending or revoking the permit will entail for the project owner and any other 
advantages and disadvantages tha t amendment or revocation will entail.  
Section  68 (register of environmental decisions)  
The King may make regulations regarding the establishment of a register of environmental decisions and 
the duty to enter such decisions in the register. The register sh all comprise decisions made under section 
24, fifth paragraph, section 34, first paragraph, section 45, first and second paragraphs, section 48, first 
paragraph, and such decisions as are mentioned in section 56, first paragraph, first sentence.  
Chapter IX  Enforcement and sanctions  
Section  69 ( measures to remedy or mitigate the impact of unlawful activities)  
The competent authority under the Act may order the person responsible to remedy or stop situations 
that are contrary to the Act or decisions made und er the Act.  
Any person who by contravening the Act or a decision made under the Act causes a risk of reducing 
biological, geological or landscape diversity shall take measures to prevent such reduction. If such 
reduction has already occurred, the duty cons ists of preventing further reduction and – if possible - 
restoring the original state of diversity by taking appropriate action such as collection, clearing up, 
removal or levelling the ground. Measures that in themselves may result in any significant redu ction of 
diversity shall only be taken with the consent of the competent authority under the Act or by order under 
the first paragraph.  
The duty to take preventive, remedial or restorative action does not apply to the extent that it would be 
particularly u nreasonable in the light of the cost and effects of the measures, the environmental impacts 
of the contravention and the offender’s fault and financial situation.  
Measures implemented under this section may consist of the killing of alien organisms to whic h the 
contravention relates or the return of living organisms to their original location.  
Section  70 (unforeseen environmental impacts of lawful activities)  
If projects carried out in accordance with the Act or with decisions made under the Act prove to ha ve 
substantial unforeseen impacts on biological, geological or landscape diversity, the person responsible 
shall take reasonable measures to prevent or limit damage or nuisance.  
The competent authority under the Act may order the person responsible to car ry out such measures as 
are mentioned in the first paragraph within a fixed time limit. When it can be done without particular 
inconvenience to the person responsible, the authority may order that the person to restore biological, 
geological or landscape d iversity to its former state.  Section  71 (direct implementation)  
If the person responsible fails to comply with an order containing such requirements as are mentioned in 
section 69, first paragraph, or section 70, second paragraph, the competent authority under the Act may 
take steps to ensure that the measures are carried out. The competent authority under the Act may also 
ensure that the measures are carried out if they are urgently needed in the interests of biological, 
geological or landscape diversity,  or if the identity of the person responsible cannot be established.  
Expenses relating to measures carried out under the first paragraph may be claimed from the person 
responsible. The claim is enforceable by execution proceedings.  
Section  72 (use of another person’s property in connection with the 
implementation of measures)  
If necessary for the implementation of measures under sections 69, 70 or 71, use may be made of the 
property of the person responsible or, if necessary, the real property of anoth er person.  
If use is made of another person’s real property under the first paragraph, the person concerned shall 
receive compensation from the person responsible for any loss caused by damage or inconvenience. The 
state will act as guarantor for the amoun t. 
If it is necessary to implement management measures under section 47, the competent authorities under 
the Act may make use of motor vehicles on real property that is not part of the protected area.  
Section  73 (coercive fine)  
To ensure compliance with pr ovisions laid down in or under this Act, the competent authority under the 
Act may make a decision to impose a coercive fine.  
A coercive fine may be imposed when it is discovered that a provision has been contravened. The 
coercive fine shall become effecti ve if the person responsible fails to meet the time limit fixed by the 
competent authority under the Act for remedying the situation. A coercive fine may be imposed in 
advance if this is warranted for particular reasons, in which case it shall become effec tive from the time a 
contravention commences. It may be determined that the coercive fine shall remain payable for as long 
as the unlawful situation persists, or that it shall be payable each time a contravention occurs. However, 
a coercive fine shall not remain payable if compliance is impossible owing to circumstances for which the 
person responsible is not to blame. A coercive fine may be imposed as a daily fine or as a lump -sum fine.  
The coercive fine shall be imposed on the person responsible for the contravention. If the contravention 
has occurred on behalf of a company or other association, a foundation, or a public body, the coercive 
fine shall normally be imposed on the entity concerned. If a coercive fine has been imposed on a 
company that is part  of a group of companies, accrued amounts thereof may also be recovered from the 
parent company.  
The Ministry may waive accrued amounts of a coercive fine. Such a decision is not considered to be an 
individual decision under the Public Administration Act.  Section  74 (environmental compensation)  
Any person that contravenes provisions laid down in or under this Act or provisions that serve to 
implement objectives and principles set out in the Act shall, if so ordered by the competent authority 
under the Act, pay environmental compensation to the state.  
The decision as to whether an order shall be made and the determination of the amount of 
environmental compensation will take place after an overall assessment of the importance of the 
environmental assets conce rned, the possible extent and duration of the environmental damage, 
sanctions imposed on the offender and any other circumstances. The King may make regulations 
regarding summary fines in lieu of prosecution in accordance with a fixed scale for specific 
contraventions.  
An order to pay environmental compensation is regarded as an individual decision under the Public 
Administration Act.  
An order to pay environmental compensation is enforceable by execution proceedings. Liability to pay 
compensation may also b e the subject of criminal proceedings. If the compensation claim is brought 
before a court in a criminal case, civil action or complaint against execution proceedings, the court may 
conduct a full trial of the compensation claim. Notification of an order t o pay compensation shall include 
information about the provisions laid down in this paragraph.  
The Ministry may waive a claim for environmental compensation. Such a decision is not regarded as an 
individual decision under the Public Administration Act.  
No order shall be made to pay environmental compensation under this Act if an order is made to pay 
compensation under the Gene Technology Act or the Pollution Control Act.  
The fact that a person is ordered to pay environmental compensation does not preclude t he imposition of 
sanctions such as a contravention charge.  
Section  75 (penal measures)  
Any person that wilfully or negligently contravenes the provisions laid down in or under sections 15 to 
18, sections 20 to 22, section 24, first paragraph (a) and (b), s ection 25, section 26, section 28, second 
to fourth paragraphs, sections 29 to 31, sections 34 to 39, sections 45, 54, 55, sections 58 to 61, section 
63, second paragraph, first sentence, sections 64 to 69 or an order under section 70 shall be liable to 
fines or imprisonment for a term not exceeding one year.  
Gross contravention of the first paragraph shall be punishable by a fine or imprisonment for a term not 
exceeding three years. In deciding whether the contravention is gross, particular importance shal l be 
attached to whether it has caused or resulted in a risk of significant damage to biological, geological or 
landscape diversity, whether such damage must be regarded as irreversible, the degree of fault, and 
whether the offender has taken any measures to prevent or mitigate the damage.  
If a contravention of one or more of the provisions mentioned in the first paragraph at the same time 
constitutes a contravention of the provisions of another statute, the provisions of this  Act relating to penal measures  shall only apply to the extent that there is no provision for corresponding penal 
measures in the statute concerned.  
Chapter X  Final provisions  
Section  76 (entry into force)  
This Act applies from the date decided by the King. The King may determine that the Act shall enter into 
force at different times with respect to different provisions or different groups of organisms.  
Section  77 (transitional provisions)  
Decisions regarding delegation of authority, regulations or individual decisions under provisions that are 
repealed or amended by this Act remain in force until otherwise decided by the King. Section 48 also 
applies to earlier protection decisions. In the case of the owner of or a rightsholder in an area that has 
been protected as a national park or a protected landscape and where the ordinary time limit for lodging 
claims for compensation had not expired on 1 January 2002, the question of compensation is regulated 
by sections 50 and 51 of this Act. The King may make regulations containing transitional provisions for 
adaptation from earlier legislation to this Act.  
Section  78 (amendments to other Acts)  
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