Regulations on impact assessments

The translation is not official; it is provided for information purposes only. In the event of any inconsistency, the Norwegian version shall prevail.

This transaltion is based on the norwegian version of 21. june 2017. Later amendments are not translated.

Chapter 1 Introductory provisions

Section 1 Purpose of the regulations

The purpose of the regulations is to ensure that consideration for the environment and society is taken into account during the preparation of plans and initiatives, and when considering and on what conditions plans or initiatives may be implemented.

Section 2 Scope of the regulations

The plans and initiatives covered by the regulations are set out in sections 6, 7 and 8.

For plans under the Planning and Building Act, the geographic scope of the regulations follows from section 1-2 of the Planning and Building Act. For initiatives and plans under other laws, the geographic scope of the regulations follows from the relevant law.

Section 3 Relationship to other regulations

The processing under the regulations shall meet the assessment requirements and evaluations which under other laws are necessary for the decision on which the impact assessment shall be made.

Decisions under the regulations are not individual decisions under the Public Administration Act, with the exemption of infringement penalty decisions pursuant to section 36.

Section 4 Proposer

The person who proposes a plan or an initiative is the proposer in accordance with the regulations.

The proposer shall assess whether the plan or initiative is covered by sections 6, 7 or 8.

The proposer shall bear the costs of preparing an impact assessment and a planning programme or a notification with a proposed assessment programme, when this is required.

The proposer is responsible for ensuring that the information provided to the authorities is correct and verifiable and that it meets the requirements in the regulations.

§ 5 Competent authority

The competent authority under the regulations is the planning authority for the relevant plan under the Planning and Building Act, and the decision-making authority for initiatives under other legislation. The competent authority is set out in sections 6, 7 and 8.

The competent authority shall act objectively and have sufficient technical knowledge when processing applications in accordance with the regulations. If the competent authority is also the proposer, the two roles shall as far as possible be kept administratively separate.

Chapter 2 Plans and initiatives covered by the regulations

Section 6 Plans and initiatives that shall always have an impact assessment and a planning programme or notification

The following plans and initiatives shall always have an impact assessment and planning programme or notification.

1. The land-use element of the municipal master plan pursuant to section 11-5 and regional plans pursuant to the Planning and Building Act section 8-1, municipal sub-plans pursuant to section 11-1 and area zoning plans pursuant to section 12-2 when the plans set out frameworks for initiatives in Annexes I and II.
2. zoning plans pursuant to the Planning and Building Act for initiatives in Annex I. Exempt from this are zoning plans where the specific initiative has had an impact assessment in a previous plan and where the zoning plan is in accordance with this previous plan. 
3. initiatives in Annex I which are dealt with in accordance with legislation other than the Planning and Building Act

The county municipalityis the competent authority for regional plans. The municipality is the competent authority for municipal plans. The competent authority for plans and initiatives pursuant to letter b and c is set out in Annex I. For initiatives pursuant to letter b, where implementation of the initiative does not require a new plan, the pollution control authority is the competent authority if the initiative requires consent under the Pollution Act.

If a plan in accordance with the Planning and Building Act is changed between notification of commencement of the planning work and the submission of planning proposals for public scrutiny, and the change means that the plan is covered by subsection 1 letter a or b, the plan shall be dealt with in accordance with the provisions in Chapters 5 and 6.

Section 7 Plans and initiatives in accordance with other legislation that shall always have an impact assessment, but not a notification

The following initiatives and plans in accordance with other legislation shall always have an impact assessment, but not a notification:

1. initiatives in Annex II, which are dealt with in accordance with the Energy, Water Resources or Watercourse Regulation Act
2. plans and programmes in accordance with other legislation that set out frameworks for initiatives in Annexes I and II and which are adopted by a Ministry

The competent authority for initiatives pursuant to letter b is set out in Annex II. The specialist ministries are the competent authority for plans or programmes in accordance with letter b.

Section 8 Plans and initiatives shall have an impact assessment if they can have significant impact on the environment or society

The following plans and initiatives shall have an impact assessment if they can have significant impact in accordance with section 10, but not have a planning programme or notification:

1. zoning plans for initiatives in Annex II. Exempt from this are zoning plans where the specific initiative has had an impact assessment in a previous plan and where the zoning plan is in accordance with this previous plan.
2. initiatives in Annex II which are dealt with in accordance with legislation other than the Planning and Building Act

The competent authority for letter a and b is set out in Annex II. For initiatives pursuant to letter a, where implementation of the initiative does not require a new plan, the pollution control authority is the competent authority if the initiative requires consent under the Pollution Act.

If, between the notification of commencement of the planning work under the Planning and Building Act and the presentation of proposed plans for public scrutiny, new information emerges or there are changes in the actual circumstances which mean that the plan may still have significant impact on the environment or society, a separate account of the impact of the plan shall be provided in the proposed plan.

Chapter 3 Assessment of whether plans or initiatives in accordance with section 8 require an impact assessment

Section 9 Information to be submitted by the proposer as a basis for the competent authority’s assessment in accordance with sections 11 or 12

For plans pursuant to the Planning and Building Act, information in accordance with this section shall be available prior to the kick-off meeting, cf. section 12-8 of the Planning and Building Act. For initiatives pursuant to other legislation, the information shall be available at the latest on application for a permit. The proposer shall also make a preliminary assessment of whether the plan or initiative may have significant impact on the environment or society pursuant to section 10. Based on known knowledge, a brief description shall be provided of:

1. the plan or initiative, the physical characteristics and location of the initiative, and any demolition work
2. environmental values that are believed to be significantly affected and that require special consideration
3. the expected significant impact of the plan or initiative as a result of residues, emissions and waste generation
4. the expected significant impact that may follow from the use of natural resources

Section 10 Criteria for the assessment of whether a plan or initiative may have significant impact on the environment or society

In the assessment of whether a plan or initiative may have significant impact on the environment or society, the characteristics of the plan or initiative, cf. subsection 2 the location and environmental impact of the plan or initiative, cf. subsection 3 and the intensity and complexity etc, cf. subsection 4, should also be taken into consideration.
Characteristics of the plan or initiative include:

1. size, area and design
2. the use of natural resources, special areas, soil, mineral resources, water and biological resources
3. waste generation and emissions
4. risk of serious accidents and / or disasters

The location and impact on the environment including an assessment of whether the plan or initiative may lead to or come in conflict with:

1. protected areas in accordance with the Nature Diversity Act Chapter V or the Land Use Act section 11, selected natural habitats (the Nature Diversity Act Chapter VI), priority species, protected river courses, national salmon fjord and river courses, objects, areas and cultural environments protected by the Cultural Heritage Act
2. endangered species or natural habitats, valuable landscape, valuable cultural monuments and environments, nationally or regionally important mineral resources, areas of great importance to Sami outfield industries or reindeer husbandry and areas of particular importance for outdoor life.
3. central government planning guidelines, central government or regional planning provisions issued pursuant to the Planning and Building Act of 27 June 2008 or national policy provisions or guidelines issued pursuant to the Planning and Building Act of 14 June 1985
4. major redistribution of agricultural, natural, outdoor areas as well as reindeer husbandry, or areas regulated for agriculture and that are of great importance to agricultural activities
5. increased pressure on areas where established environmental quality standards have been exceeded 
6. consequences for the health of the population, for example, due to water or air pollution 
7. significant contamination or greenhouse gas emissions
8. risk of serious accidents due to natural hazards such as avalanche, landslide or flood

In the assessment of whether the plan or initiative may have significant impact and consequently shall be subject to an impact assessment, the intensity and complexity of the impact, the likelihood of impact occurring and when this occurs, the duration, frequency and the possibility to reverse or limit this if the impact extends across national borders, as well as the effects of the proposed plan or initiative and other existing, approved or planned plans or initiatives shall also be considered.

Section 11 The competent authority’s assessment of plans pursuant to section 8, subsection 1 letter a

Before the planning work begins, cf. the Planning and Building Act section 12-8 and at the latest six weeks after the proposer has submitted the information in accordance with section 9, based on all the available information, the competent authority shall decide on whether the plan may have significant impact on the environment or society.

If the competent authority finds that the plan may have a significant impact on the environment or society, the plan shall be dealt with in accordance with the provisions in chapters 5.

The competent authority’s decision as to whether the plan may have significant impact on the environment or society shall be justified. The grounds shall be evident from the notification and announcement of commencement of the planning work and when presenting the proposed plan for public scrutiny.

Section 12 The competent authority’s assessment of initiatives pursuant to section 8, subsection 1 letter b

Based on the documentation provided in accordance with section 9, the proposer may request the competent authority to clarify whether an initiative shall have an impact assessment before the application is submitted or, based on the criteria in section 10, carry out their own impact assessment, which is then attached to the application.

If an initiative is expected to have significant impact on the environment or society, and the impact has not been adequately illustrated in the application, the competent authority shall require additional assessments in accordance with section 27. The requirement for an additional assessment shall be submitted to the proposer within four weeks of the application consultation process.

The additional assessment and the application must together meet the requirements of an impact assessment in chapter 5.

If the competent authority concludes that the initiative cannot have a significant impact and / or is adequately illustrated in the application, the decision shall be justified. The grounds shall be stated in the recommendation for the decision on the initiative.

Chapter 4 Preparation and consultation of the planning programme or notification with proposed assessment programme as well as establishment of the planning or assessment programme

Section 13 Preparation of the planning programme or notification with a proposed assessment programme

For plans in accordance with the Planning and Building Act, the proposer shall prepare a proposed planning programme for plans pursuant to section 6, subsection 1, letter a and b.

For initiatives in accordance with other legislation, the proposer shall prepare a notification with a proposed assessment programme, if the matter concerns an initiative pursuant to section 6, subsection 1, letter c.

For the land-use element of the municipal master plan, the proposed planning programme shall differentiate between the requirement for assessment of individual areas and the requirement for assessment of the plan as a whole. The planning authority shall clarify which documentation shall accompany the proposed new development areas. If the land-use element of the municipal master plan or a municipal sub-plan aims at assessing the consequences of a specific initiative, cf. section 6, letter b or section 8, letter a, this must be set out in the planning programme.

Section 14 Requirements for the contents of the planning programme and notification with a proposed assessment programme

A planning programme and a notification with proposed assessment programme shall contain a description of

1. the plan or initiative, the affected area and the issues which in this particular matter are considered important for the environment and society
2. the circumstances which pursuant to chapter 5 shall be assessed, and which methods are planned to be used to gain the necessary knowledge 
3. relevant and realistic alternatives and how these shall be assessed in the impact assessment
4. the planning or application process, with the time limits in the process, participants and plan for participation by specially affected groups and others 

The planning programme or notification shall also include a map of the affected area.

Section 15 Consultation of proposed planning programme or notification with proposed assessment programme

The proposed planning programme or notification with the proposed assessment programme shall be circulated to the affected authorities and interest groups for comments. For plans pursuant to the Planning and Building Act, the proposed planning programme shall also be presented for public scrutiny. This shall usually take place at the same time as notification of the commencement of planning. For initiatives pursuant to other legislation, the notification with proposed assessment programme shall be circulated for comments as early as possible during planning of the initiative. A reasonable time limit for comments shall be set. The time limit shall be at least six weeks.

If, on the basis of a proposed planning programme or a notification with a proposed assessment programme, the affected regional or government authorities believe that the plan or initiative may conflict with national or important regional interests within their area of responsibility, this shall be evident from the comments received.

In connection with the request for comments on the proposed planning programme or notification with an assessment programme, the competent authority shall assess the need for, and hold a public meeting on the matter, if this is necessary.

For initiatives pursuant to other legislation, the competent authority may omit to send a notification with a proposed assessment programme for consultation if further processing of the matter is stopped in accordance with the provisions in the Act pursuant to which the matter is being dealt with.

Section 16 Determination of the planning or assessment programme

The competent authority establishes the planning or assessment programme based on the proposal prepared by the proposer and the impact assessment requirements in chapter 5. In the presentation of the planning or assessment programme, the submitted comments and how these have been assessed and taken into account in the programme shall be explained.

The planning and assessment programme shall usually be established within ten weeks of the time limit for submitting comments. Those who have submitted comments in the consultation process shall be made familiar with the established programme. The competent authority shall provide the necessary guidelines for the planning and assessment work. For plans pursuant to the Planning and Building Act, the Ministry of Local Government and Modernisation may decide on the planning programme if the competent authority has not established the planning programme within the time limit. The competent authority shall be given the opportunity to comment before such determination.

Following the consultation process, the competent authority may stop further processing of the matter by omitting to determine the planning or assessment programme. The decision shall be justified.

Chapter 5 The contents of the impact assessment

Section 17 The content requirements in general

The proposer shall prepare an impact assessment based on the documentation requirements that follow from this chapter. The content and scope of the impact assessment shall be adjusted to the relevant plan or initiative, and shall be relevant to the decisions to be made.

The impact assessment shall be based on relevant and available information. If information about important matters is missing, such information shall be obtained.

Studies and field surveys shall follow recognised methodology and be carried out by persons with relevant professional expertise.

For plans and initiatives pursuant to section 6, the impact assessment shall be prepared in accordance with the established planning or assessment programme, cf. section 16.

The impact assessment shall normally be included in the plan description or application in accordance with other legislation. A non-technical summary of the impact assessment shall be prepared.

Section 18 Overall plans in particular

For regional plans, municipal plans and sub-plans and plans in accordance with legislation other than the Planning and Building Act, the impact assessment may be limited to giving an account of the impact the plan or the programme may have at a overall level. Exceptions are where the plan assesses the impact of specific measures. 

The impact assessment of the municipal master plan shall only include the parts of the plan that set limits for future development and that also involve changes to the current plan.

The impact assessment of the land use element of the municipal master plan shall describe the impact development of new areas or significantly changed land use in developed areas may have on the environment and society. An assessment shall also be made of the impact of the total land use changes in the plan. If the plan only contains future land use strategies, it shall be assessed how these will impact the environment and society.

The impact assessment of the land use element of the municipal master plan shall also give an account of conditions that shall be clarified and further assessed in subsequent zoning of the areas, cf. the Planning and Building Act section 11-9 no. 8.

Section 19 Description of the plan or initiative

The description of the plan or initiative shall include: 

1. the physical characteristics of the initiative, the location, necessary demolition work and area requirements in both the construction and operation phase
2. the main features of the initiative’s operational phase, the initiative’s energy requirements, energy consumption, energy solutions, transport requirements and the nature and amount of natural resources that will be used
3. an estimate of the type and volume of waste, residues, emissions and pollution that will be produced in the construction and operation phase 
4. How vulnerable the plan or initiative is to climate changes and natural hazards such as floods, landslides, storm surges and rising sea level

The impact assessment shall also explain the options for design, technology, location, scope and scale the proposer has considered and a study of the relevant and realistic alternatives. The choice shall be based on the different options, and comparisons of the impact these have on the environment and society shall be provided.

Section 20 Description of the environmental status 

The impact assessment shall include a description of the current environmental status and an overview of how the environment is assumed to evolve if the plan or initiative is not implemented (the zero option). 

The description shall be based on available information.

Section 21 Description of factors that may be affected and an assessment of significant impact on the environment and society

The impact assessment shall identify and describe the factors that may be affected and assess significant impact on the environment and society, including:

• nature diversity, cf. the Nature Diversity Act
• ecosystem services
• nationally and internationally agreed environmental targets
• cultural heritage and environments
• outdoor life
• landscape
• pollution (emissions to air, including greenhouse gas emissions, contamination of water and soils, as well as noise)
• water environment, cf. the Water Regulations
• soil resources (protection of farmland) and important mineral resources
• Sami nature and cultural foundation
• transport needs, energy consumption and solutions
• emergency planning and accident risk
• impact as a result of climate changes, including the risk of rising sea level, storm surges, floods and landslides
• the health of the population and the distribution of health in the population
• access for the general public to outdoor areas and cycle and footpaths
• growing up conditions for children and young people
• crime prevention
• architectural and aesthetic design, expression and quality

The description shall include positive, negative, direct and indirect, temporary, permanent, short and long-term impact.

The cumulative impact of the plan or initiative shall also be considered in light of the plans or initiatives that have already been implemented, adopted or approved in the influence area. Where reindeer interests are affected, the overall impact of the plans and initiatives within the relevant reindeer grazing district shall be considered.

The impact across national boundaries shall also be described.

Section 22 Method, sources and uncertainty

The impact assessment shall contain a description of the methods used to identify the impact on the environment and society. The description shall include challenges, technical shortcomings and lack of knowledge that have affected compilation of the information and the most important elements of uncertainty in the assessment.

The assessment shall also include a list of information about the sources used in descriptions and assessments in the report.

Section 23 Prevention of impact

The impact assessment shall describe the initiatives that have been planned in order to avoid, limit, remedy and if possible compensate for significant adverse effects on the environment and society both in the construction and operation phase. The description shall include planned monitoring schemes.

The description shall include information on emergency planning for major accidents and disasters.

Section 24 Entering data in databases 

Data collected during the work on the impact assessment shall be systematised in accordance with standards when available. The systematised data shall be made available to the public authorities, so that the data may be entered in public databases. Where this has been arranged, the proposer shall enter the collected data in public databases.

Chapter 6 Processing the impact assessment

Section 25 Consultation on the planning proposal or application with impact assessment

The competent authority or proposer shall circulate the planning proposal or application for an initiative with the impact assessment for comments to the affected authorities, parties and interest groups and present the documents for public scrutiny. A reasonable time limit for comments shall be set. The time limit shall be at least six weeks.

Concerning initiatives pursuant to Section 7, first paragraph, letter a, the competent authority can decide on shorter time limits, or omit public consultation and public scrutiny if not found necessary.

Plan proposals or applications with impact assessments and any background documents and technical reports shall be made available at the offices of the competent authority and the proposer and on the competent authority’s website.

Section 26 Changes in plans or initiatives following consultation

When changing plans or initiatives following consultation on the planning proposal or applications with impact assessments, the competent authority shall ensure that the consequences of the changes are explained before a decision is made on the matter. The same applies to changes to plans that trigger new processing under the Planning and Building Act.

When changing or reconsidering concessions, a public consultation shall be conducted if the initiative will have significant impact on the environment or society. The consultation shall include an account of the initiative and its impact on the environment and society.

Section 27 The assessment of the impact assessment and the need for additional assessments

Based on the consultation and own assessments, the competent authority shall decide whether the impact assessment satisfies the requirements in chapter 5 or whether additional assessments or further documentation is required. If additional assessments are required, these shall be circulated for comments to those who have submitted comments on the planning proposal or application, as well as any other authorities that will be affected. The time limit for submitting consultation statements on the additional assessment shall not be less than two weeks.

Section 28 Updated knowledge

If there is a long time from completion of the consultation on the impact assessment until the time of the final decision, the competent authority shall ensure that updated knowledge is used as a basis for finalisation of the case, cf. section 29.

Section 29 Finalisation of the case

The competent authority shall take due account of the impact assessment and the comments received when considering the plan or initiative.

In the case presentation or decision recommendation, the characteristics of the plan or initiative and the significant impact the plan or initiative will have on the environment and society shall be described. It shall be stated how the comments received have been assessed and what significance they have been assigned.

Conditions shall be set in order to avoid, limit, remedy and if possible compensate for significant impact on the environment and society. The competent authority shall ensure that the proposer meets the conditions.

Where necessary, the competent authority shall set requirements for monitoring significant negative impact of the plan or initiative on the environment and society. When monitoring is required, the competent authority shall determine the procedure, as well as the duration and scope of the monitoring.

Section 30 Publication of the decision

When the competent authority has made a decision on the matter, this shall be made known to the public and the authorities concerned. The documents shall be available through electronic media, as long as it is in compliance with the law. Planning decisions shall be announced in accordance with the Planning and Building Act sections 8-4, 11-15 and 12-12.

Chapter 7 Special provisions for plans in accordance with the Planning and Building Act

Section 31 Change of the role as competent authority

In case of uncertainty or disagreement about who is the competent authority for plans under the Planning and Building Act, the Ministry of Local Government and Modernisation decides the question.

The Ministry of Local Government and Modernisation may, in consultation with the authorities concerned, decide that an authority other than the one that follows from the regulations shall be the competent authority for plans under the Planning and Building Act if consideration for national or important regional considerations indicates this, or the plan includes several municipalities or counties.

Section 32 Special provisions regarding planning programmes

A planning programme may be used to clarify and determine the overall framework of the work with subsequent zoning plans for an area and for several ongoing zoning plan processes within a larger area. A planning programme, and any impact assessment, may also be used to decide on in which alternative locations planning work shall be carried out under the Planning and Building Act.

For government initiatives, the responsible Ministry may decide that a planning programme or notification shall be circulated for comments together with a choice of concept study as a basis for a decision on choice of concept. For government initiatives where there is disagreement on which alternatives to study, the proposer may request that the responsible ministry clarifies the question with the Ministry of Local Government and Modernisation.

Chapter 8 Plans and initiatives with transboundary effects

Section 33 National point of contact

The Norwegian Environment Agency is a national point of contact for cases that have transboundary effects on the environment or society.

Section 34 Plans and initiatives that may have significant impact in other countries

If a plan or initiative may have significant impact on the environment or society in another country, the proposer or competent authority shall notify the Norwegian Environment Agency of the matter.

The Norwegian Environment Agency shall inform the contact authority in the affected country and inquire whether they want to participate in the planning or application process.

At the same time as the planning programme or notification and planning proposal or application with impact assessment are circulated for comments in Norway, the competent authority shall submit the matter to the affected local or regional authorities in the other country.

If requested by the recipient country, the proposer shall participate in a public meeting on the matter in the affected country.

The Norwegian Environment Agency may order the proposer to prepare the whole or parts of the planning programme or notification with proposed assessment programme and planning proposal or application with impact assessment in the languages that are required.

Section 35 Plans and initiatives that may have significant impact in Norway

If the Norwegian authorities are notified or otherwise become acquainted with plans or initiatives in another country, which may have significant impact on the environment or society in Norway, the Norwegian Environment Agency shall be informed about this. If Norwegian local or regional authorities issue a statement directly to the sender authority in the affected neighbouring country, a copy of the statement shall be sent to the Norwegian Environment Agency.

In cases where the Norwegian Environment Agency is notified by the contact authority of another country, the Agency shall announce information about the plan or initiative on its own website for cases with transboundary environmental impact (link to the website) and, to the extent necessary, make the case known through other means to the affected Norwegian authorities and interest groups. Based on statements received, the Norwegian Environment Agency sends a reply to the contact authority in the country of origin.

Chapter 9 Sanctions, entry into force and transitional provisions

Section 36 Penalty for contravention

A penalty for contravention in accordance with the Planning and Building Act section 32-8a may be imposed on the person who presents proposed zoning plans or initiatives and plans under other legislation and that wilfully or negligently:

1. fails to follow the procedural rules for impact assessments where a plan or initiative obviously falls under the regulations
2. fails to comply with orders by the competent authority when the competent authority has informed that a penalty for contravention may be imposed if the matter is not remedied within a set time limit, and this time limit is exceeded or
3. gives incorrect or misleading information of importance to the assessment of the case, including information relevant to the applicability of the regulation or not.

When assessing the size of the penalty for contravention, emphasis may be placed on the severity of the infringement, the degree of guilt, the potential of the offence and whether the offender has previously been imposed a penalty for contravention.

The penalty for contravention cannot exceed NOK 400,000 for a plan or an initiative.

Section 37 Penalty

A person, who has acted wilfully and with gross negligence as stated in section 36, subsection 1, shall be fined or given a term of imprisonment of up to 1 year if the violation is material. In case of gross violations, the penalty is a term of imprisonment of up to 2 years.

Section 38 Entry into force

These regulations enter into force from1 July 2017. From the same date, the Regulations of 19 December 2014 no. 1726 relating to impact assessments for plans under the Planning and Building Act and the Regulations of 19 December 2014 no. 1758 on impact assessments for initiatives under sectoral law are repealed.

Section 39 Transitional provisions

Plans and initiatives that were not covered by the Regulations of 19 December 2014 no. 1726 relating to impact assessments for plans under the Planning and Building Act and the Regulations of 19 December 2014 no. 1758 on impact assessments for initiatives under sectoral law are not covered by these regulations if the processing of the plan was commenced, cf. the Planning and Building Act sections 11-12 and 12-8, the protection proposal announced under the Nature Diversity Act section 47, or an application in accordance with other legislation was circulated for comments before 1 July 2017. 

Plans and initiatives processed under the two previous regulations, shall be processed under this regulation in the further processing of the matter.

ANNEX I.

Plans under the Planning and Building Act and initiatives under other legislation that shall always have a planning programme or notification and an impact assessment (pdf)

ANNEX II.

Plans under the Planning and Building Act and initiatives under other legislation that shall be assessed further (pdf)