Act relating to the management of biological, geological and 
landscape diversity (Nature Diversity Act) 
 
Chapter I Purpose and scope, etc. 
Section 1 (purpose of the Act)  
The purpose of this Act is to protect bi ological, geological an d landscape diversity 
and ecological processes through conservation and sustainable use, and in such a way 
that the environment provides a basis fo r human activity, cultu re, health and well-
being, now and in the future, incl uding a basis for Sami culture.  
Section 2 (geographical scope of the Act)  
The Act applies to Norwegian land territo ry, 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 apply 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 disti nguished according to biological criteria;   
(b) population: a group of individuals of th e same species living within a delimited 
area at the same time; 
(c) biological diversity: ecosystem and speci es variability and intra-species genetic 
variability, and the ecological relationships betw een 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 organisms with or without th e help of technology, except 
for human genetic material; 
(g) harvesting: hunting, trapping, fishing and co llection of plants or parts of plants 
(including berries and fruit) and fungi, for recreational and commercial purposes; 
(h) import: movement across a land border w ith a neighbouring state or to land from 
areas that lie outside the ge ographical scope of the Act; 
(i) biological, geological and landscape dive rsity: includes all diversity that is not 
largely a result of human influence; 
(j) habitat type: a homogeneous environment, including all plant and animal life and 
environmental factors that opera te there, or special  types of natural features such as 
ponds, habitat islands in fields or the like,  and special types of geological features; 
(k) organism: an individual plant, anim al, fungus or microorganism, including all 
parts thereof that are capable of reproduc tion or of transferring genetic material; 
(l) plants: vascular pl ants, mosses and algae; 
(m) fungi: fungi and lichens;  2(n) release: release, intentional discharg e 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 extracti on of entire or parts of organisms from the 
natural environment, regardless of its purpose;  
(p) wildlife: terrestrial mammals, birds, rept iles and amphibians that occur naturally in 
the wild; 
(q) invertebrate: anim al without a backbone; 
(r) area with specific ecological functions: an area, 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 r oute, 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, view ed in the light of relevant  environmental pressures;  
(t) ecosystem: a relatively well-delimited, homogeneous natural system where plant, 
animal, fungus and microorganism communitie s interact with one another and with 
the non-living environment. 
 
Chapter II General provisi ons 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 pr ocesses that are characteristic of each 
habitat type. The objective is also to main tain ecosystem structure, functioning and 
productivity 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 populat ions in their natural ranges. To the extent 
necessary to achieve this objective, areas  with specific ecological functions for 
different species and other ecological conditi ons 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 reasonable steps to avoid causing damage 
to biological, geological and landscape divers ity contrary to the objectives set out in 
sections 4 and 5. If an activity is carried ou t in accordance with a permit issued by an 
official authority, the duty of care is consid ered to have been fulfilled if the conditions 
for the permit are still satisfied. 
Section 7 (the principles for offi cial decision-making set out  in sections 8 to 12)  
The principles set out in sect ions 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 sh all state how these principles have been 
applied in an assessment under the first sentence.  3Section 8 (knowledge base)  
Official decisions that affect  biological, geological and la ndscape diversity shall, as 
far as is reasonable, be based on scien tific knowledge of the population status of 
species, the range and ecological status of habitat types, and the impacts of 
environmental pressures. The knowledge requi red shall be in reasonable proportion to 
the nature of the case and th e risk of damage to biological, geological and landscape 
diversity. 
Furthermore, the authorities shall attach  importance to knowledge that is based on 
many generations of experien ce acquired through the use of  and interaction with the 
natural environment, including traditiona l Sami use, and that can promote the 
conservation and sustainable use of biol ogical, geological and landscape diversity. 
Section 9 (precautionary 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 ther e is a risk of serious or 
irreversible damage to biological, geol ogical or landscape di versity, lack of 
knowledge shall not be used as a r eason for postponing or not introducing 
management measures. 
Section 10 (ecosystem approach and cumulativ e environmental effects) 
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 lands cape diversity sha ll be borne by the project owner, 
unless this is unreasonable in th e light of the nature of th e project and of the damage. 
Section 12 (environmentally sound techniques and methods of operation)  
In order to prevent or limit damage to bi ological, geological or  landscape diversity, 
use shall be made of such methods and su ch techniques and siting of industrial and 
other activities as, based on an overall assess ment of past, present and future use of 
such diversity and economic factors, produce the best results for society at large. 
Section 13 (quality norms for biological, ge ological and landscape diversity)  
The King may establish recommended quality  norms for biological, geological and 
landscape diversity, 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  the 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 furt her regulations under this Act 
or other statutes.  4Section 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 the Act that  directly affect Sami interests, due 
importance shall be attached, within the framework that applies for the individual 
provision, to the natural res ource base for Sami culture.  
 
Chapter III Species management  
Section 15 (principle for species management)  
Harvesting and other removal of  animals that occur naturally in the wild shall be 
authorised by statute or a decision purs uant to statute. Unnecessary harm and 
suffering caused to animals occurring in th e wild and their nest s, 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 para graphs do not preclude  lawful access and 
passage, agricultural activities or other ac tivities that take pla ce in accordance with 
the duty of care laid down in section 6. 
Harvesting and other utilisat ion of marine organisms ar e regulated by the Act of 6 
June 2008 No. 37 relating to the management of wild living mari ne resources (the 
Marine Resources Act). 
Section 16 (harvesting of wildlife and sa lmonids and freshwater fish)  
Decisions to permit the harvesting of w ildlife are made under the Act of 29 May 1981 
No. 38 relating to wildlife and wild life habitats (the Wildlife Act). 
Decisions to permit the harvesting of salm onids and freshwater fish are made under 
the Act of 15 May 1992 No. 47 relating to salmonids and freshwater fish. 
Harvesting may only be permitted when the best available documentation indicates 
that the species produces a harvestable surplus. 
In making decisions regarding permissi on to harvest and regarding harvesting 
methods, importance shall also be attached  to the function of the species in the 
ecosystem and the effect the harvesting ma y otherwise have on biological diversity. 
Importance shall also be atta ched to the significance of the species as food or for  
recreation, harvesting traditions in the ar ea in question and any damage that the 
species causes. 
The third and fourth paragraphs do not appl y in the case of decisions regarding the 
harvesting of alien organisms. 
Section 17 (general provisions regarding other removal of wildlife and salmonids and 
freshwater fish)  
Small rodents, reptiles and salmonids and fr eshwater 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 immediate 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  5livestock or domesticated reindeer. Any k ill 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 disease that may 
have significant social consequences in  accordance with the Act of 19 December 2003 
No. 124 relating to food production a nd food safety (the Food Act). 
Section 18 (other removal of wildlife and sa lmonids and freshwater fish after 
assessment by the authorities  
The King may make regulations or indivi dual decisions permitt ing the removal of 
wildlife and salmonids and freshwater fish 
(a) to protect naturally occurri ng 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 pur pose 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 cannot 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 fi rst 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 dama ge due to flooding. The issue of permits by 
the municipal authorities may be appealed to the county governor. 
Section 19 (compensation for loss and conse quential 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 Ki ng 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 ar e a nuisance or cause damage, 
(b) kill alien invertebrates,  6(c) remove invertebrates provided that th is does not jeopardise the population in the 
area. 
 
When the competent authority under the Ac t 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 indivi dual decisions regarding harvesting and 
other removal of terrestrial invertebrates. 
 
Harvesting and other utilisati on of marine wild living i nvertebrates are regulated by 
the Marine Resources Act. 
Section 21 (removal of plants and fungi)  
Section 15, second paragraph, doe s 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 prev ent injury or damage as men tioned in the first paragraph, 
and removal in order to protect indigenous species and ecosystems. 
The King may make regulations or indivi dual decisions regarding harvesting and 
other removal of plants and fungi that are not regulated by provisions laid down in or 
under another statute. 
Harvesting and other utilisat ion of wild living marine plant and fungus species are 
regulated by the Marine Resources Act. 
Section 22 (regulation of access to and pa ssage 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 de signating priority species. In making 
such decisions, substantial importance is to be attached to whether 
(a) the population status or trends for the sp ecies are contrary to the objective set out 
in section 5, first paragraph, 
(b) a significant proportion of the species’ natural range is in Norway or it has 
distinctive genetic charac teristics in Norway, or 
(c) there are international oblig ations related to the species. 
 
In the sea, the provision in the first paragr aph (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 substant ially contrary to the objective set out in 
section 5, first paragraph, the competen t authorities under the Act – on their own 
initiative or at the request of an organisation or other pe rsons with legal interests in 
the matter – shall consider  whether decisions should be made under the first 
paragraph.   7 
The Ministry may make regulations pres cribing that priori ties 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 rem oval of, damage to or destruct ion of a priority species or 
specific populations of the species, and prescr ibe that the provisions of sections 15 to 
22 shall only apply to the extent that  this follows from the regulations, 
(b) make provisions regarding the protection of  certain types of areas  of limited extent 
with specific ecological functions for the sp ecies. The considerations required to be 
taken into account must not render current  use of the areas significantly more 
difficult. If, following such a decisi on, 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 protec ted under chapter V or exemptions to be 
made from the priority status of the ar eas 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 c oncerned, including the identification of 
alternative areas that may be used to en sure the conservation of the species in 
accordance with section 5, first paragraph. 
 
The regulations may include provisions regarding management measures in 
accordance with section 47 when this is neces sary 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 regardi ng the protection of certain types of areas with specific 
ecological functions for prior ity species under the first paragraph (b) in cases where 
active management or other types of measur es are essential to safeguarding the area, 
the state shall present an acti on plan to protect such area s. The public authorities may 
enter into further agreem ent with the landowner or the rightsholder regarding 
management of an area with specific eco logical functions fo r priority species. 
 
In parallel with the maki ng of regulations under sec tion 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 speci es and its genetic diversity. 
 
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.)   8In 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 o ccurring in the wild, the King 
may make regulations regarding the import a nd 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 ex tinction, 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 regardi ng special conservation measures for 
domesticated species in orde r 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 releas ing 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 dive rsity. If an organism is released in 
accordance with a permit issued by a public au thority, 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 projec t that may result in the spread or release 
of living or viable organisms beyond th eir natural range sh all take 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 re lease or unintentional discharge of alien 
organisms, the person responsible shall im mediately notify the competent authority 
under this Act, and take measures in acco rdance with sections 69 and 70, unless such 
duty to notify the authorities and take measures is prescr ibed in another statute. 
The King may make regulations regarding activi ties 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 no tification under the third paragraph. 
Section 29 (import)  
Living or viable organisms may only be imported 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 possi ble effects of such release on biological 
diversity. 
No permit may be granted if there is r eason to believe that the import will have 
substantial adverse impacts on biological diversity. 
The King may make regulations regarding im port under the first pa ragraph, including  
requirements for permits and conditions for permits. The King may also make 
regulations to the effect that specific organisms may be imported without a permit 
under this section, or may prohibit the im port of specific organisms if this is  9considered necessary in or der to avoid substantial a dverse impacts on biological 
diversity. 
Unless otherwise provided by regulations made by the King, no permit is required 
under 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 (general rules regarding the release of organisms or species into the 
environment)  
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 subs pecies that do not occur naturally in 
Norway, including foreign tree speci es, into the environment,  
(b) wildlife belonging to  species, subspecies or populat ions that do not already occur 
naturally in the district, into the environment, 
(c) organisms, except for those belonging to a  native population,  to the sea or a river 
system unless a permit has been gran ted under the Act of 17 June 2005 No. 79 
relating to aquaculture (the Aquaculture Act), 
(d) organisms that do not already occur natura lly in an area into the environment if the 
King has made regulations requi ring a permit for this purpose. 
 
Applications for a permit to release organi sms or species under the first paragraph 
shall give an account of the impacts such release may have on biological diversity. 
The King may make regulations setting out requirements for applications.  
 
A permit may not be granted if there is re ason to believe that the release will have 
substantial adverse impacts on biological diversity. 
Section 31 (release without a special permit)  
Provided the duty of care under section 28 is observed, 
(a) organisms imported subject to a pe rmit under section 29, first paragraph, cf. 
second paragraph, with a view to release, 
(b) plants in gardens, parks and other cultiv ated areas, if the plants are not likely to 
spread outside the area, and Norwegian tree species, 
(c) biological control agents for which a re lease permit has been granted in or under 
other legislation, 
(d) specified organisms if the King ha s made regulations to that effect, 
may be released. 
 
Release under the first paragraph may not take place contrary to regulations under 
section 30, first paragraph (d). 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 release perm it under other legislation. If an import or 
release permit is requ ired under two or more statutes, the competent authorities under 
the present and other statutes  shall ensure that the pro cessing of applications is 
coordinated. The King may make regulat ions regarding such coordination.  10The 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 or ganisms (the Gene Technology Act). 
Assessments under this chapte r shall not include consider ations 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 communi cable diseases (Communicable 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 variation of  habitats and landscape types, 
(b) species and ge netic diversity, 
(c) endangered natural environments and area s with specific ecological functions for 
priority species, 
(d) major intact ecosystems, also making them accessible for low-impact outdoor 
recreation 
(e) areas of special conservation value, 
(f) natural environments that  reflect human use through th e ages (cultural landscapes) 
or that are also of histori cal value, and facilitation of  forms of use that help to 
maintain biological, geologi cal and landscape diversity, 
(g) ecological and landscape coherence at national and international level, or  
h) reference areas where environm ental trends can be monitored. 
 
When a decision is made under another statut e to protect the natu ral environment in 
an area, importance should be attached to th e objectives in the fi rst paragraph. If such 
decisions made under another st atute are part of a plan that covers areas protected by 
a decision under this Act, the King may pr escribe provisions to ensure that the 
protection provided by the vari ous statutes is coordinate d 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 means of regulations. The landowne rs and rightsholders affected by the 
regulations are also subject to the provi sions of the Public Administration Act 
regarding individual decisions. 
The regulations describe the purpose of pr otecting the area, incl uding the natural and 
cultural qualities such protect ion 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 th e area. Regulations relating to marine protected areas 
shall state whether the purpose of protect ion applies to the seabed, water column, 
water surface or a combination of these. 
The geographical extent of th e protected area shall be cons istent with the purpose of 
protection. In determining the limits of the protected area, importance shall be 
attached to safeguarding ecological func tions of significance for achieving the 
purpose of protection and the resilience of the ecosystem to external pressures.  11Within the framework of the provisions th at apply 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 ru les may be prescribed for different parts of the area when this 
is compatible with the function of the pa rt in achieving the purpose of protection. 
The regulations establishing a protected ar ea shall not preclude the continuation of 
sustainable use that reinforces the purpose of such protection. 
Section 35 (national parks)  
Large areas of natural habitat that contain distinctive or representative ecosystems or 
landscapes and where there is no major infr astructure development may be protected 
as national parks. 
No activity that has a lasting impact on the natural environment or cultural heritage is 
permitted in a national park, unless such imp act 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, in stallations, pollution 
and other activity that may defeat the pur pose of protection, and ensure that people 
can enjoy an undisturbed natural environm ent. Pedestrian access or passage in 
accordance with the provisions of the Ou tdoor 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 prot ect 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 releva nt, it shall be part 
of the strategic management plan.  
Section 36 (protected landscapes)  
Natural or cultural landscapes that are importa nt in ecological or cultural terms, as a 
source of enjoyment or as a basis for fo rming an identity may be protected as 
protected landscapes. Cultural monuments that  contribute to the distinctive character 
of a landscape are considered to be part of the landscape. 
In a protected landscape, no pr ojects 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 se ntence. New projects shall be adapted to the 
landscape. Importance shall be attached to the overall impact of the projects 
implemented in the area. The regulations ma y include provisions regarding what may 
substantially alter the nature or character of the landscape, requirements 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 
protection is achieved shall be  presented at the latest wh en a decision is made under 
the first paragraph to establish the pr otected landscape. The plan may include 
agreements regarding land use, the use of landscape elements or methods of 
operation. The plan or agreement may c ontain provisions regarding financial 
compensation to private indivi duals who contribute to ma nagement of the protected 
landscape.  12A draft strategic management plan shall be  presented when a decision is made to 
protect a landscape. In cases where an opera tional 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 specific 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 wit hout human intervention or actively managed 
through habitat restoration, is likely to develop such qualitie s as are mentioned in the 
first paragraph may also be pr otected as a nature reserve. 
  
In a nature reserve no person must do anythi ng that reduces the conservation value of 
the area as described in the purpose of pr otection. A nature reserve may be given 
absolute protection from all activity, proj ects and access or passage. The regulations 
may contain provisions regardi ng protection of the cultural he ritage in the reserve.  
 
If a decision is made to establish a nature  reserve in an area wh ere active restoration 
measures are required, or where active use is essential to achieving the purpose of 
protection, a draft management plan to en sure that the purpose of protection is 
achieved shall be presented at the time th e 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 c ontain provisions regarding financial 
compensation to private persons who cont ribute to management of the protected 
landscape. 
Section 38 (habitat management areas)  
An area that has or may have special impor tance 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 activ ity and access or passage that may affect 
or disturb the species or the ecological condi tions necessary to its existence. Section 
37, fourth paragraph, ap plies correspondingly. 
Section 39 (marine protected areas)  
Marine protected areas may be estab lished on the grounds of their marine 
conservation value, but also to safeguard va luable marine areas that are ecologically 
necessary for terrestrial species. 
Areas which 
a) contain distinctive or representa tive ecosystems and are without major 
infrastructure development, 
b) contain endangered, rare or vulnerable species, communities, habitats or landscape 
types,    13c) represent a specific type of habitat, 
d) are otherwise of particular importance for biological diversity, 
e) comprise a distinctiv e geological feature,  
f) are of special scie ntific interest, or 
g) are of special importance as an area w ith specific ecological functions for one or 
more specified species 
 
may be protected 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 protec ted 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 exte nt 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 pur pose of protection. A marine protected area 
may be protected from all activity, pollu tion, 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 utilisat ion of wild living marine resources are regulated under 
the Marine Resources Act within the limits of the protection regulations. 
 
Marine areas where protection consists 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 
international convention on the protection of the natural or cultura l 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 chapte r commences, steps shal l be taken within 
the limits of the second to third paragra phs and sections 42 and 43 to ensure that 
administrative procedures are carried out in the closest possi ble cooperation with 
landowners, rightsholders, interested commerc ial parties and representatives of the 
local community, including  Sami cultural and business in terests, the municipal and 
county authorities, the Sami Parliament and other relevant au thorities.The same 
applies when a landowner or rightsholder himself offers areas for protection. The 
administrative process shall ensure that th e purpose of protecti on and the conservation 
value, the delimitation of the area and the c onsequences of protection are defined as 
clearly as possible. As part of the administrative process,  information shall also be 
obtained regarding other possible el ements of value in the area. 
The issue of the simultaneous commencem ent of municipal and regional planning 
work under the Act of 27 June 2008 No. 71 relating to planning and the processing of building applications (the pl anning part of the Planning and Building Act) shall be  14clarified with the municipal and county au thorities. The King may make regulations 
regarding the coordinated processing of  plans under the Planning and Building Act 
and protection under this Act. 
Section 42 (announcement of planned proposals for protection of an area)  
The competent authority shall publish the propos al 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 aw are of the proposal. As far as possible, 
landowners and other rightsholders shall be informed by letter and given 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, etc. 
which have a special interest in the protection measure. Re gulations shall be drawn up 
in cooperation with the central government authorities concerned. 
Section 43 (consultation regarding proposal for protection regulations)  
The proposed regulations shall be circul ated for comment under the provisions of 
section 37 of the Act of 10 February 1967 rela ting to procedure in cases relating to the 
public administration (the Public Administra tion Act). The provision s of section 16 of 
the Public Administration Act apply to no tification of landowners  and rightsholders. 
The proposal shall be deposited for public in spection 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 proposal circulated for comment shall describe the area to which the proposal 
applies, including the purpose of prot ection and the conservation value, the 
delimitation of the area concerned and any qua lities other than bi ological, geological 
and landscape diversity, as well as the anti cipated consequences of the proposal, and 
give a time limit of at least two months for submitting comments. 
The proposal shall be submitted to the muni cipal authorities, the county authorities 
and central government agencies concerned for comment, and to the Sami Parliament 
if the protection proposal affects Sami interests. 
Section 44 (measures in connection with the ini tiation of the administrative process)  
When an announcement has been made under section 42, an administrative agency 
may automatically reject an a pplication 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 announ cement as mentioned in section 42, the 
Ministry may prescribe a duty to provide notif ication 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 announ ced in the same way as the protection proposal. The 
consultation process under section 37, firs t 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.  15When 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 favourab le impact on the purpose of the proposal. 
The King may decide that all or  part of the provisions of th e first to third paragraphs 
shall also be applied before a protec tion 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 da mage to their conservation value. The provisions of the 
Public Administration Act rega rding individual decisions ap ply 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 a nd prohibiting activities and access or 
passage that may further jeopardise the c ontinued 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 tem porary protection decision is made, the 
administrative process shall continue without  undue delay. The effect of a temporary 
protection decision is limited to four year s from the time the decision was announced. 
The Ministry may extend the effect of th e temporary protection decision by up to two 
years. 
Section 46 ((statement of grounds for and announcement of protection decisions)  
In decisions made under section 34, an account shall be given in the grounds of the 
biological, geological and lands cape diversity and ot her qualities that are protected in 
and by the protection decision, and of how the latter helps to fulfil national objectives 
and international obligations. 
Decisions made under sections 34 and 45 sh all 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. D ecisions regarding marine protected areas 
should be announced in a manner appropriate to  make interested parties aware of the 
proposal. Landowners, rightsholders and muni cipal authorities in the protected area 
shall be notified of the decision under the provisions of sectio n 27 of the Public 
Administration Act. The announcement and the notification shall ca ll 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 admini strative authority may carry 
out management measures and mark th e boundaries of the pr otected area. The 
administrative authority shall, if possible, enter into an agreement with the landowner  16whereby the latter shall carry out specified maintenance measures. The administrative 
authority may also enter into agreements w ith 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 purpose of the protection, including measures to 
channel access or passage, removal of vegeta tion or alien tree species and restorative 
measures after works affecting the natura l environment. No management measures 
that entail the harves ting of natural resources or a signi ficant 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 prop erty or rights 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 protec tion regulations are laid down. 
Section 48 (exemption from a protection decision)  
The administrative authority may grant exem ption from a protection decision if it is 
not contrary to the purpose of the protect ion decision and cannot make a significant 
impact on the conservation value, or if sa fety considerations or important public 
interests make it necessary. 
When weighing other important public intere sts 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 protec ted areas and on whether a corresponding 
protected area can be established or devel oped elsewhere. The owner of a project may 
be required to bear reasonable costs aris ing from the safeguarding, establishment or 
development of such a corresponding area. 
If a permit is required for a project unde r both the protection re gulations and other 
legislation, the project owner may 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 regulati ons or the consent of  the administrative 
authority. 
An application for exemption under the fi rst 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 assessed 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 prot ected 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 section 6 applies to othe r activities.  17Section 50 (compensation to landowners and rightsholders in protected areas)  
A landowner or a holder of right s in property that is wholly  or partly protected as a 
national park, protected landscap e, nature reserve, habitat management area or marine 
protected area is entitled to compensation from the state for financial losses incurred 
when protection makes current use of the pr operty more difficult. In the case of use 
requiring a permit from an official authorit y, the right 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 accordance with the 
calculation rules set out in the Act of 6 April 1984 No. 17 on compensation for the 
expropriation of real property (the Expr opriation 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 mining 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 lim it and may also grant reinstatement of 
the claim if the time limit is  exceeded. The provisions of the Act of 17 June 2005 No. 
90 relating to mediation and procedure in ci vil disputes (the Di spute Act) regarding 
reinstatement apply to the extent appropriate. 
If the offer is not accepted, the owner or rightsholder 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 judici al assessment of compensation under section 
50. 
Assessment proceedings are conducted under th e provisions of the Act of 1 June 1917 
No. 1 relating to assessment and expropria tion 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 time limit laid down in the second 
paragraph is exceeded. Section 42 of the Asse ssment Procedure Act applies to costs of 
assessment at first instance. If the state ap plies for a review of the assessment, the 
state shall cover the necessa ry costs incurred by the la ndowner. 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)   18In order to promote the objective set out in  section 4, the King in Council may make 
regulations designating specific habitat types as selected th roughout or in parts of the 
country. The regulations may prescribe furt her criteria for the types of areas of a 
selected habitat type to which the provisions of this chapter apply.  
In deciding whether to designate a habitat t ype 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 important fo r one or more priority species, 
c) a significant proporti on of the natural range of the ha bitat type is found in Norway, 
or 
d) international obligations apply to the habitat type. 
 
When there is documentation to show that th e status of or trends  for 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 pers on 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 wh ich active management or other types of 
measures are essential to the maintenance of the habitat type, the state shall present 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 re duction of the range of the habitat type or 
deterioration of the ecologi cal 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 th e areas. Before a decision is 
made to carry out works in an area of a selected habitat type, the impacts on the 
selected habitat type must be ascertaine d. The King may make regulations regarding 
how such impact assessments are to be carried out and processed. 
In considering whether the range of the se lected habitat type will be reduced or 
whether its ecological status will deteriorat e, importance shall be attached to the 
significance of the area in ques tion 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 reasonable costs re lating to the maintenance, 
establishment or developm ent 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 ove r the provisions of the first to third 
paragraphs. 
The municipal authorities may make regul ations providing that  the provisions of 
sections 53 to 56 shall also apply to munici pal management of areas  of other specified 
habitat types in the municipality.  19The public authorities may enter into further agreement with a landowner or 
rightsholder regarding the ma nagement of an area of a selected habitat type.  
Section 54 (duty of notification of  forestry projects)  
A forestry project that affects areas of sel ected 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 ou t. The municipal authorities sha ll consider the project under the 
provisions of section 53, second and third pa ragraphs. If the muni cipal authorities find 
that the project may result in reduction of the range of the habitat t ype or deterioration 
of its ecological status, the authorities ma y 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 para graph, 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 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 m unicipal authorities 
before the project is carrie d out. The municipal authoritie s shall consider the project 
under the provisions of section 53, second a nd third paragraphs. If the municipal 
authorities finds that the proj ect may result in reduction of the range of the habitat 
type or deterioration 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 regulations made under s ection 11, first paragr aph, of the Act of 
12 May 1995 No. 23 relating to land (the Land Act). 
Owners or users of agricultural properties th at contain areas of selected habitat types 
may apply to the municipal authorities for a pproval of an environm ental plan. If such 
approval is granted, the duty of notification under the first paragra ph does not apply to 
agricultural projects carried out in accord ance with the plan. 
Section 56 (announcement and appeal)  
Notice that a permit has been granted to car ry out a project in areas of a selected 
habitat type shall be published in at least one  newspaper that is wi dely read locally or 
in the way prescribed by the individual stat utes. In the case of se lected 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 provi sions 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 type s through the general 
reporting procedures that have been es tablished between mu nicipal and central 
government authorities. 
  
Chapter VII  Access to  genetic material  20Section 57 (management of genetic material) 
Genetic material obtained from the natu ral 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 both a 
national and an international context, al so attaching importance to appropriate 
measures for sharing the benefits arising out of the utilisa tion of genetic material and 
in such a way as to safeguard the in terests of indigenous  peoples and local 
communities. 
Section 58 (collection and utilisatio n 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 ge netic material, or the utilisation of such 
material, requires a permit from the Ministr y. If a collection perm it has been granted, 
no new permit is required for subsequent ut ilisation, but the condi tions for the permit 
apply correspondingly to any pers on that acquires the material  or results arising from 
the collection. Collection for use in public co llections 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 provisions of chapter III. 
 
The King may make regulations regarding which information the application shall 
contain, including information regarding us e of the knowledge of indigenous peoples 
or local communities. Further provisions may also be made in the regulations 
regarding which conditions may be set, such  as conditions to the effect that any 
benefits arising out of the ut ilisation of genetic material  collected from the natural 
environment within Norwegian jurisdiction sh all accrue to the state. The regulations 
may also state how the interests of la ndowners 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 acco rdance with the principles set out in 
section 57. The person managing the collecti on has a duty to regi ster any genetic 
material removed from the collection and provide public access to such information. 
A public collection means a collection of ge netic 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 claimi ng intellectual property rights or other rights 
to the material that would limit use of the ma terial, such as use fo r food or agriculture, 
unless the material has been modified in a way that results in a substantial change.  21If intellectual property rights over genetic mate rial 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 th ird 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 mate rial covered by the In ternational Treaty on 
Plant Genetic Resources for Food and Agri culture of 3 November 2001 or by another 
international agreement, the standard c onditions laid down under the agreement shall 
apply. 
Section 60 (genetic material from other countries)  
The import for utilisation in Norway of ge netic material from a state that requires 
consent for collection or export of such ma terial may only take place in accordance 
with such consent. The person that ha s control of the material is bound by the 
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 accompani ed by information regarding the country 
from which the genetic material has been re ceived (provider country). If national law 
in the provider country requires consent for the collection of biol ogical material, it 
shall be accompanied by information to th e effect that such consent has been 
obtained. 
If the provider country is a country other th an the country of or igin of the genetic 
material, the country of origin  shall also be stated. The country of origin means the 
country in which the material 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 obtai ned shall be provided. If the information 
under this paragraph is not known, this shall be stated. 
The King may make regulations prescribing that if utilisation involves use of the 
traditional knowledge of local communiti es 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 N ovember 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 accord ance with the Standard Material Transfer 
Agreement established under the treaty. 
Section 61 (implementation of the Internationa l 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  22Norwegian law. The regulations may make fu rther clarifications and exemptions from 
the provisions of this chapter. 
 
Chapter VIII Competent authority und er the Act, supervision, etc. 
Section 62 (competent authority under the Act)  
The King is the highest au thority under this Act. 
The King may decide that the municipal au thorities are the comp etent authority under 
further provisions prescribed in or under the Act. The King may gi ve instructions to 
municipal authorities regardi ng the exercise of delegate d authority under provisions 
laid down in or under chapter V. The King ma y decide that a spec ially appointed body 
is the administrative authority for an ar ea 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 decision s 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 supervis ory authority decides 
the areas that shall be subject  to supervision. The supervis ory 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 supervisor y authority with necessary assistance or 
information. The supervisory authority may st op persons, vessels or motor vehicles if 
this is necessary in order to exercise s upervision. 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 unde r the Act, the supervisory authority or the 
police shall be given unimpeded access to pr operty 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 may also require documents or othe r 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 dut y, on the orders of the supervisory 
authority and notwithstanding any duty of  secrecy, to provide the supervisory 
authority with any information necessary to enable it to carry out  its tasks under this 
Act.   23If damage is caused to biological, geologica l and landscape diversity or if there is a 
risk of serious damage of this nature as a result of activities regulated under this Act, 
the person responsible shall notify the compet ent 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 ma y 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  unreasonable cost to  the project owner; 
c) new technology makes it possible to re duce substantially the adverse impacts on 
biological, geological or  landscape diversity, 
d) revocation or amendment is necessary in order to achieve quality norms prescribed 
under section 13, 
e) the project owner contravenes provisions  laid down in or under this Act and the 
contravention in question is significant, repeat ed or persistent, or 
f) this otherwise follows from other revocation rules currently in force. 
 
A permit may in any case be revoked or amended if it is more than 10 years since it 
was granted. The competent authority may re lax restrictions and conditions set out in 
a permit if experience shows that this can be done without resulting in any substantial 
adverse impact on biological, geological or landscape di versity. In making decisions 
under the first and second paragraphs, acc ount shall be taken of the costs that 
amending or revoking the permit will entail  for the project owner and any other 
advantages and disadvantages that 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 en ter such decisions in the register. The 
register shall comprise decisions made under section 24, fifth paragraph, section 34, 
first paragraph, section 45, first and sec ond paragraphs, section 48, first paragraph, 
and such decisions as are mentioned in se ction 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 c ontrary to the Act or decisions made under 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 divers ity shall take measures to 
prevent such reduction. If such reduction has already occurred, the duty consists of 
preventing further reduction and – if possible - restoring the original state of diversity 
by taking appropriate action such as collec tion, clearing up, removal or levelling the  24ground. Measures that in themselves ma y result in any significant reduction of 
diversity shall only be taken with the consen t of the competent authority under the Act 
or by order under the first paragraph. 
The duty to take preventive, remedial or rest orative action does not apply to the extent 
that it would be particularly unreasonable 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 which the contravention relates or the return of living organisms to their 
original location. 
Section 70 (unforeseen environmental im pacts of lawful activities)  
If projects carried out in accordance with the Act or with decisions made under the 
Act prove to have substan tial unforeseen impacts on bi ological, geological or 
landscape diversity, the person responsible sh all take reasonable measures to prevent 
or limit damage or nuisance.  
The competent authority under the Act may order the person responsible to carry out 
such measures as are mentioned in the firs t paragraph within a fixed time limit. When 
it can be done without particular inc onvenience to the person responsible, the 
authority may order that the person to re store biological, geological or landscape 
diversity 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 para graph, 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 bi ological, geological or 
landscape diversity, or if the id entity of the person respons ible 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 c onnection with the implementation of 
measures)  
If necessary for the implementation of m easures under sections 69, 70 or 71, use may 
be made of the property of the person respons ible or, if necessary, the real property of 
another 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 amount. 
If it is necessary to implement manageme nt 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 provisions laid down in or under this Act, the competent 
authority under the Act may make a decision to impose a coercive fine.  25A coercive fine may be imposed when it is discovered that a provision has been 
contravened. The coercive fine shall become  effective if the person responsible fails 
to meet the time limit fixed by the comp etent authority under the Act for remedying 
the situation. A coercive fine may be impos ed in advance if this is warranted for 
particular reasons, in wh ich case it shall become effective from the time a 
contravention commences. It may be determin ed that the coercive fine shall remain 
payable for as long as the unlaw ful 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 circumst ances 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 im posed on the entity 
concerned. If a coercive fine ha s 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 decisi on 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 principl es 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 ta ke place after an overall assessment of 
the importance of the environmental asse ts concerned, the possible extent and 
duration of the environmental damage, sa nctions imposed on the offender and any 
other circumstances. The King may make regul ations regarding summary fines in lieu 
of prosecution in accordance with a fixe d scale for specific contraventions. 
An order to pay environmental compensati on is regarded as an individual decision 
under the Public Administration Act. 
An order to pay environmental comp ensation is enforceable by execution 
proceedings. Liability to pay compensation may also be the subject of criminal 
proceedings. If the compensation claim is br ought before a court in a criminal case, 
civil action or complaint against executi on proceedings, the court may conduct a full 
trial of the compensation claim. Notification of an order to pay compensation shall 
include information about the provisi ons laid down in this paragraph. 
The Ministry may waive a claim for envir onmental compensation. Such a decision is 
not regarded as an individual decision  under the Public Administration Act. 
No order shall be made to pay environmen tal compensation under th is 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 the imposition of sanctions such as a contravention charge. 
Section 75 (penal measures)   26Any person that wilfully or negligently cont ravenes the provisions laid down in or 
under sections 15 to 18, sections 20 to 22, section 24, first paragraph (a) and (b), 
section 25, section 26, section 28, second to fourth paragraphs, sections 29 to 31, 
sections 34 to 39, sections 45, 54, 55, secti ons 58 to 61, section 63, second paragraph, 
first sentence, sections 64 to 69 or an orde r under section 70 shall be liable to fines or 
imprisonment for a term not exceeding one year. 
Gross contravention of the first paragr aph shall be punishable by a fine or 
imprisonment for a term not exceeding three years. In deciding whether the 
contravention is gross, particular importa nce shall be attached to whether it has 
caused or resulted in a risk of significan t damage to biological, geological or 
landscape diversity, whether such damage must be regarded as irreversible, the degree 
of fault, and whether the offender has take n any measures to prevent or mitigate the 
damage. 
If a contravention of one or more of the pr ovisions 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 meas ures shall only apply to the extent that 
there is no provision for corresponding pena l 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 delegati on 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 pr otected as a national 
park or a protected landscape and where th e 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 adapta tion from earlier legislation to this Act. 
Section 78 (amendments to other Acts)  
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