Regulations on Environmental Impact Assessment

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Regulations on Environmental Impact Assessment for plans pursuant to
the Norwegian Planning and Building Act
Laid down by Royal Decree of 19 December 2014 pursuant to the Act of 27 June 2008 No. 71
relating to planning and the processing of building applications (the Planning and Building
Act) second part. Proposed by the Ministry of Local Government and Modernisation.
EEA reference: EEA Agreement Annex XX no. 1a (Council Directive 2011/92/EU) and no. 1g
(Council Directive 2001/42/EEC).
Section 1. Contents and general provisions
These Regulations contain provisions laid down in the Norwegian Planning and Building Act
relating to environmental impact assessments for plans pursuant to the Act and specify and
complement them. The rules apply to plans specified in Sections 2 and 3 of the Regulations.
The purpose of the environmental impact assessment (EIA) provisions is to ensure that the
environment and community are taken into account during the preparation of plans, and when
deciding whether, and on what conditions, plans may be implemented.
Processing pursuant to the Regulations shall also meet the requirements relating to reporting and
documentation that follow from other legislation and that are relevant to the decision for which
the environmental impact assessment is to form the basis. Decisions made pursuant to the
Regulations are not to be regarded as individual decisions as defined in the Norwegian Public
Administration Act.
The geographical extent of the Regulations follows from Section 1-2 of the Planning and Building
Act.
Any person who prepares a proposal for a plan pursuant to the Planning and Building Act,
hereinafter called the proposer, shall himself evaluate whether the plan lies within the substantive
scope of the Regulations.
Proposals for a planning programme and an environmental impact assessment shall be made by
the proposer.
Section 2. Plans that shall always be dealt with in accordance with these Regulations
The following plans shall always be dealt with in accordance with these Regulations:
a) regional plans containing a framework for development,
b) the land-use part of the municipal master plan,
c) municipal sub-plans which specify areas for development purposes,
d) area zoning plans, and detailed zoning plans covering more than 15 daa, which comprise
new areas for development purposes,
e) area zoning plans that stipulate a framework for measures in Appendices I and II,
f) zoning plans for measures in Appendix I.
Subparagraph f does not apply to zoning plans where the specific measures have been subject to
an environmental impact assessment at superior planning level, and where the zoning plan is in
conformity with the plan at a superior level.
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The county municipality is the competent authority under subparagraph a. The municipality is the
competent authority under subparagraphs b-f, unless otherwise stated in Appendices I and II.
For measures in Appendix I where no plan is being prepared, the measure shall be processed
pursuant to the Regulations on Environmental Impact Assessment for measures pursuant to sector
legislation.
Section 3. Plans that shall be assessed in more detail
The following plans shall be assessed pursuant to Appendix III:
a) area zoning plans that entail other significant changes to the municipal master plan than
specified in Section 2, subparagraph d,
b) detailed zoning plans of up to 15 daa which entail changes to the municipal master plan or area
zoning plans,
c) zoning plans for measures in Appendix II.
Subparagraph c does not apply to zoning plans where the consequences of the specific measure
have been satisfactorily assessed at a superior planning level and where the zoning plan is in
conformity with the plan at a superior level, or to detailed zoning plans that comply with area
zoning plans that have been processed pursuant to the Regulations.
Unless otherwise stated in Appendices I and II, the municipality is the competent authority under
subparagraphs a, b and c.
For measures in Appendix II where no plan is being prepared, the measure shall be processed
pursuant to the Regulations on Environmental Impact Assessment for measures pursuant to sector
legislation.
Section 4. Assessment pursuant to Appendix III for plans comprised by Section 3
The competent authority shall, as early as possible, assess whether a zoning plan comprised by
Section 3 will have significant effects, cf. Appendix III. This must take place prior to start-up of
the planning work pursuant to Section 12-8 of the Planning and Building Act.
The proposer shall himself assess whether the plan may have significant effects on the
environment and community. The competent authority’s assessment of whether a zoning plan
may have significant effects shall use information provided by the proposer as a starting point,
and be based on information that is otherwise available. Insofar as is necessary, the competent
authority shall contact the authorities concerned to determine whether the plan will have
significant effects, cf. Appendix III.
If the competent authority deems that the plan will have significant effects, this must be
substantiated and stated in the notification and announcement of commencement of work on the
zoning plan. The plan shall be processed in accordance with the Regulations.
If the competent authority deems that the plan will not have significant effects, this must be
substantiated and stated in the notification and announcement of commencement of work on the
zoning plan.
If a demand for processing pursuant to these Regulations is made, but not granted, the competent
authority shall state the reasons for this in the documentation when the proposed plan is made
available for public inspection, cf. Sections 12-10 and 12-11 of the Planning and Building Act.
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Section 5. Planning programme
The proposer shall draw up a proposal for a planning programme. The planning programme
requirement does not apply to plans pursuant to Section 3, subparagraph c.
The planning programme shall give an account of the purpose of the planning work, describe
the area in question and the issues that are regarded as important for the environment and
community in the specific planning work, based on existing knowledge. Relevant and
realistic alternatives shall be described, and it shall be specified how they will be handled in
the planning work. Furthermore, the planning process shall be explained, with time-limits,
participants and arrangements for public participation, particularly in relation to groups who
are presumed to be particularly affected. Maps of the planning area shall be available.
The planning programme proposal shall, based on the relevant framework and requirements
provided in Section 7 and Appendix IV, describe the issues that are to be assessed and
elucidated in the environmental impact assessment. It shall be clarified what procedures or
methods will be utilised in the assessments to obtain the necessary and relevant knowledge.
The programme shall be designed in such a manner that it will be possible to ascertain
whether the planning work has been conducted in accordance with the programme.
When reviewing the municipal master plan’s land-use part, planning programme proposals
shall distinguish between assessment of individual areas and assessment of the plan in
general. Where relevant, the planning authority shall clarify what documentation is expected
to accompany new suggestions for construction areas. If, during revision of the municipal
master plan’s land-use part or preparation of a municipal sub-plan, the intention is to assess
the consequences of a specific measure, cf. Section 2, subparagraph f, or Section 3,
subparagraph c, this shall be indicated in the planning programme.
Section 6. Consultation, processing and determining of the planning program
Proposed planning programmes shall be circulated to the authorities concerned and special
interest organisations for consultation and made available for public inspection. This shall
normally take place at the same time as the announcement of commencement of planning, cf.
Section 8-3, 11-13 and 12-9.
A reasonable time limit shall be set for submitting comments. The time limit should not be less
than six weeks.
The competent authority shall, as part of the work of stipulating the planning programme, assess
the need for and, if necessary, conduct a public meeting about the issue.
If the regional or national authorities concerned consider that the plan may conflict with national
or important regional interests within their area of responsibility, this shall be stated in their
comments.
The competent authority shall prescribe the planning programme. When doing so, an account
shall be given of the comments received and the way they have been assessed and taken into
consideration in the prescribed programme. On the basis of the comments received, etc. the
competent authority shall issue the necessary guidelines for the planning work.
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The planning programme shall be prescribed within 10 weeks after expiry of the time limit for
commenting on the proposed programme. Those who have submitted comments on the proposed
programme shall be made aware of the prescribed programme.
After the comments have been received, the competent authority may terminate the administrative
processing by not prescribing a planning programme. This provision does not apply to national
planning initiatives pursuant to Section 3-7 of the Planning and Building Act.
Section 7. Content and design of the planning proposal including environmental impact
assessment
Proposed plans with an environmental impact assessment shall be drawn up on the basis of
the prescribed planning programme and relevant documentation requirements stipulated in
Appendix IV. For plans that are exempt from the planning programme requirement, the
environmental impact assessment shall be prepared based on the requirements below and
relevant documentation requirements stipulated in Appendix IV. Comments received in
connection with announcing the commencement of work on the plan shall also be taken into
consideration.
The environmental impact assessment shall be adapted to the planning level and be relevant
for the decisions to be made. The environmental impact assessment shall be based on the
information available and necessary updating of this. If such information about important
matters is not available, new information shall be obtained as necessary. The environmental
impact assessment, including field surveys, shall be conducted in accordance with recognised
methodology and with relevant professional competence.
The environmental impact assessment shall give an account of the alternatives that have been
assessed, and, to the extent necessary, include an assessment of relevant and realistic
alternatives, including alternative location(s). Reasons shall be stated for the recommended
alternative.
The environmental impact assessment shall assess the need for and proposals for surveys
before, during and after implementation of the plan to monitor and clarify the actual effects.
The environmental impact assessment shall normally be part of the planning description, and
submitted as a single document. A non-technical summary of the environmental impact
assessment shall be prepared.
As regards the land-use part of the municipal master plan, an assessment shall only be made
of those parts of the plan that prescribe a framework for future development and that entail
changes in relation to the existing plan.
The environmental impact assessment of the land-use part shall describe the effects on the
environment and community of new development areas or significantly changed land use in
existing construction areas. The scope and level of assessment for individual areas must be
adapted to the size of the area, the extent of the development and the presumed level of conflict.
An assessment shall also be made of the effects of the total land use changes on the environment
and community. If the plan only contains strategies for future land use, an assessment shall be
conducted of how these will affect the environment and community.
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In the environmental impact assessment of the land-use part, an assessment shall be made of what
matters shall be clarified and elucidated in further zoning work, cf. Section 11-9, No. 8 of the
Planning and Building Act.
For zoning plans, the overall impact of the plan shall be included when assessing the impacts.
Matters that are satisfactorily elucidated in the master plan, including relevant alternative
locations, shall not be reassessed.
Section 8. The consultation process and public inspection of proposed plans with an
environmental impact assessment
Proposed plans with an environmental impact assessment shall be circulated to authorities and
special interest organisations concerned for comments and be made available for public
inspection. A reasonable time limit shall be set for the submission of comments. The time limit
should not be less than six weeks.
Relevant background documents and expert reports shall be available at the premises of the
competent authority and the proposer. Proposed plans with an environmental impact assessment
and any background documents and expert reports shall be made available on the internet.
Data that have been collected during work with the environmental impact assessment, shall be
systemised in accordance with any standards given. Data shall be made available to the public
authorities so they can be entered into public databases. The proposer shall ensure that collected
data are entered into the databases, if this is possible.
Section 9. Supplementary assessments
The competent authority shall, on the basis of the consultation, decide whether there is a need
for supplementary assessments or further documentation on specific matters. Any
supplementary assessments shall be circulated for comments to those who have submitted
comments on the proposed plan. The time limit for submitting comments should not be less
than two weeks.
Section 10. Taking account of the environmental impact assessment in decision-making
and implementation
When considering the case, the planning authority shall take into account the environmental
impact assessment and the consultation comments. The written presentation or the
administrative recommendation shall state how the effects of the proposed plan with an
environmental impact assessment and the comments received have been assessed, and what
significance has been attached to them. A description shall also be given of how the relevant
alternatives have been assessed.
The planning authority shall stipulate conditions for clarifying, monitoring and mitigating
significant negative effects of the plan on the environment and community. The planning
authority may decide that an environmental follow-up programme shall be prepared. Such
conditions shall be given as provisions, cf. Sections 11-8, 11-9, particularly no. 8, or Section
12-6, 12-7, particularly no. 12 of the Planning and Building Act.
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Follow-up surveys pursuant to the second subsection shall be made available to the general
public.
Section 11. Publication of administrative decisions
The written presentation or the reasoned recommendation shall be made available to the
general public. The planning decision in the case shall be announced in accordance with
Section 11-15 and Section 12-12 of the Planning and Building Act. The documents shall be
made available on the internet.
Section 12. Special rules relating to planning programmes
In instances where the regional or municipal planning strategy also contains a planning
programme for specific planning work, a separate planning programme may be omitted for
this planning work.
A planning programme can be utilised to clarify and stipulate overall framework conditions
for work on subsequent zoning plans for an area and also for several ongoing zoning plan
processes within a larger area.
A planning programme and, if relevant, environmental impact assessment, can also be used to
determine what other alternative localities should be subject to zoning work pursuant to the
Planning and Building Act.
For government measures, the relevantministry may decide that the planning programme
should be submitted for consultation together with the concept selection assessment as a basis
for determining the choice of concept.
Section 13. Changes or clarification of the requirement to undergo environmental impact
assessment following announcement that the planning work will commence
If changes are made to the plan during the time between announcement that the planning
work will commence and submission of the planning proposal for public inspection, and the
change entails that the plan is comprised by the Regulations, the plan shall be processed in
accordance with the provisions in the Regulations.
If new information arises during this period, orchanges occur in actual circumstances which
entail that the plan, pursuant to Section 3, may have significant effects,, cf. Appendix III, the
proposed plan shall provide a special account of its effects on the criterion in question.
Section 14. Dealing with changes in plans after the proposed plan has been circulated for
comments
If plans are changed after the proposed plan has been circulated for comments, sf. Section 8, the
competent authority shall ensure that the effects due to the changes are explained before a
decision is made. The same applies to changes in plans that necessitate renewed processing of the
plan pursuant to the Planning and Building Act.
Section 15. Clarification of and changes in the role of competent authority
In the event of uncertainty or disagreement, the Ministry of Local Government and Modernisation
may decide who is the competent authority.
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If so warranted in order to protect national or important regional interests, or if the plan covers
several municipalities or counties, the Ministry of Local Government and Modernisation may, in
consultation with the authorities concerned, decide than an authority other than the one stated in
the Regulations shall be the competent authority. This also applies to determining of a planning
programme in cases where state authorities or regional authorities organise the planning work and
prepare a planning proposal pursuant to Section 3-7 of the Planning and Building Act.
If the competent authority does not stipulate a planning programme within a reasonable time, cf.
Section 6, subsection 6, the Ministry of Local Government and Modernisation may stipulate such
a programme itself, after the municipality has been given the opportunity to make a statement.
Section 16. Environmental impact assessment in the event of transboundary environmental
effects
The Ministry of Climate and Environment is a national contact point for plans that may have
significant effects in another state and plans in another state that may have significant effects in
Norway.
If a plan may have significant environmental effects in another state, the competent authority shall
involve the authorities concerned in this state at the same time as submission of comments takes
place in Norway, and invite the authorities concerned to take part in the planning process. The
administrative processing requirements stipulated in Sections 6 and 8-11, Sections 13 and 14 shall
apply if another state chooses to participate in the planning process. A copy of the documents
shall be sent to the Ministry of Climate and the Environment, which shall notify the authorities in
the state concerned.
The Ministry of Local Government and Modernisation may, in consultation with the Ministry of
Climate and Environment, order the proposer to prepare a planning programme and a proposed
plan with an environmental impact assessment in the foreign languages necessary, and to take part
in a public meeting in the state concerned.
If Norwegian authorities are notified of, or in some other way learn of plans in another state that
may have significant effects for Norway, the Ministry of Climate and Environment shall be
informed.
The Ministry of Climate and Environment shall ensure that information concerning the plan from
the country of origin is made known to the Norwegian authorities concerned and other interested
parties, and that comments made by Norwegian authorities and other interested parties and
organisations are sent to the country of origin.
Section 17. Entry into force
The Regulations shall enter into force on 1 January 2015. The Regulations of 26 June 2009,
No. 855 on environmental impact assessment pursuant to the Planning and Building Act shall
be repealed from the same date.
Section 18. Transitional provisions
Plans that were not covered by the Regulations of 29 June 2009, No. 855 do not fall within the
scope of the new Regulations if the administrative processing for the plan, cf. Sections 11-12 and
12-8 of the Planning and Building Act, has commenced before these Regulations entered into
force.
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In case of plans that have been initiated in accordance with the former Regulations, other
provisions in the new Regulations shall apply to the further processing of the case.
ANNEX I. Plans that shall always be subject to environmental impact assessment
INDUSTRY, BUILDINGS AND INSTALLATIONS, ETC.
1. Industrial and commercial buildings, public or private service buildings and buildings of public
utility with a usable area exceeding 15,000 m2 or that comprises a planning area of more than 15 daa.
2. Extraction of ores, minerals, rock, gravel, sand, clay or other deposits if the total surface area affected
is at least 200 daa or the total volume extracted exceeds 2 million m3, or peat extraction where the
surface of the site exceeds 1,500 daa. The Directorate of Mining is the competent authority for larger
volumes of extracted material if the planning authority so desires.
3. Facilities designed for the final disposal of hazardous waste by incineration, chemical treatment or
landfill.
4. Waste facilities for the treatment of household and commercial waste by incineration or chemical
treatment, if their capacity exceeds 100 tonnes per day.
5. Integrated chemical installations, i.e. installations for industrial-scale manufacture of substances
using chemical conversion processes, in which several units are juxtaposed and functionally belong
together, and which are intended for:
a) The production of basic organic chemicals,
b) The production of basic inorganic chemicals,
c) The production of phosphorus, nitrogen or potassium-based fertilisers (simple or compound
fertilisers),
d) The production of basic pesticide products and of biocides,
e) The production of basic pharmaceutical products using a chemical or biological process,
f) The production of explosives.
6. Integrated installations for the initial smelting of cast iron and steel.
7. Installations for the production of non-ferrous crude metals from ores, concentrates or secondary raw
materials by metallurgical, chemical or electrolytic processes.
8. Industrial plants for:
a) The production of pulp from timber or similar fibrous materials,
b) The production of paper and cardboard with a production capacity exceeding 200 tonnes per day.
9. Installations for the extraction of asbestos and for the processing and transformation of asbestos and
products containing asbestos: for asbestos-cement products, with an annual production of more than
20,000 tonnes finished products; for friction material, with an annual production of more than 50
tonnes finished products; and for other use of asbestos with consumption of more than 200 tonnes per
year.
10. Waste water treatment plants with a capacity exceeding 150,000 population equivalents.
11. Golf courses with 18 or more holes.
12. Large military shooting ranges and training areas.
13. Transfer of oil and gas from one vessel to another of a certain extent or frequency.
14. Establishment of new activities subject to the Major Accident Regulations’ requirement relating to
safety report, cf. Section 9 of the Major Accident Regulations.
INFRASTRUCTURE PROJECTS
15. Motorways and other roads with no exit roads that are used solely by motorised vehicles
16. Construction of a new road of four or more lanes and improvement and/or widening of an existing
road of two lanes so as to provide four or more lanes, where such a road would be 10 km long or
more.
17. Road construction projects if investment costs exceed NOK 500 million.
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18. Railway lines for long-distance traffic if investments in infrastructure exceed NOK 500 million.
19. Suburban and underground railways if investment costs exceed NOK 250 million.
20. Airports with a runway length of 1,600 m or more. The Ministry of Defence is competent authority
for military airports.
21. Establishment of new fairways, ports and harbour facilities which permit the passage of and calls by
vessels of over 1,350 tonnes. Ferry piers are included in item 16 or 17.
22. Establishment of new inland waterways and harbours for traffic on inland waterways which permit
the passage of vessels of over 1,350 tonnes.
23. Pipelines for the transport of petroleum, gas, or chemicals with a diameter of more than 800 mm and
a length of more than 40 km that do not require a permit pursuant to the Natural Gas Act or the
Petroleum Activities Act.
EXTENSIONS OR CHANGES
24. Extensions or changes of projects listed in Appendix I if the extension or change itself exceeds the
selection criteria set out in the appendix.
Projects mentioned under item no. 1 are only comprised if the extension concerns a usable area
exceeding 15,000 m2.
Where no selection criteria have been specified, the extension or change shall be assessed pursuant to
Appendix III of the Regulations. The same applies to projects in Appendix I which exclusively or
mainly serve to develop and test new methods or products, with a duration of less than two years
APPENDIX II. Plans pursuant to Section 3 that shall be assessed in accordance with Appendix III
1. AGRICULTURE AND FORESTRY
a) Water management projects for agriculture, including irrigation and drainage projects.
b) Land reclamation from the sea.
c) Deforestation with a view to conversion to another type of land-use.
2. EXTRACTION INDUSTRY
a) Mineral extraction, including peat extraction and subterranean mining.
b) Deep drilling, in particular:
i) Geothermic drilling,
ii) Nuclear waste drilling,
iii) Drilling for water supply, except drilling conducted to study the firmness of the soil.
3. ENERGY INDUSTRY
a) Subterranean storage of combustible gas.
b) Industrial briquetting of coal and lignite.
c) Industrial installations and pipelines for transport of oil and gas, steam and hot water that
do not require a permit pursuant to the Natural Gas Act, the Petroleum Activities Act or the
Energy Act.
d) Storage of natural gas on the earth’s surface that does not require a permit pursuant to the
Natural Gas Act or the Petroleum Activities Act.
e) Storage of fossil fuel on the earth’s surface that does not require a permit pursuant to the
Natural Gas Act or the Petroleum Activities Act.
4. PRODUCTION AND PROCESSING OF METAL
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a) Installations for production of pig iron or steel (first or second smelting) with associated
equipment for continuous casting.
b) Installations for processing ferrous metals by means of:
i) Heat rolling,
ii) Forging with hammers,
iii) Application of a protective coating of melted metal.
c) Ferrous metal foundries
d) Installations for smelting, including alloying, of non-ferrous metals, except precious
metals, including recycled products (refining, casting)
e) Installation for surface treatment of metals and plastic by electrolytic or chemical
processes
f) Installations for production and assembly of motor vehicles
g) Shipyards
h) Production and repair installation for aircraft
i) Production of railway material
j) Explosion forming
k) Installations for calcination and sintering of ore
5. MINERAL INDUSTRY
a) Coking plants (dry distillation of coal).
b) Cement production installations.
c) Installations for production of asbestos and asbestos-based products.
d) Installations for production of glass, including fibreglass.
e) Installations for smelting of mineral substances, including production of mineral fibre.
f) Installations for production of ceramic products by burning , particularly roofing tiles,
bricks, fire brick, tiles, stoneware or porcelain.
6. CHEMICAL INDUSTRY (PROJECTS NOT COMPRISED BY APPENDIX I)
a) Processing of semi-finished products and production of chemicals.
b) Production of pesticides and pharmaceuticals, paint and varnish, elastomer and
peroxides.
c) Storage facilities for oil and petrochemical and chemical products.
7. FOOD INDUSTRY
a) Production of animal and vegetable fat.
b) Preservation of animal and plant products.
c) Production of dairy products.
d) Brewing and flooring.
e) Production of sweets.
f) Abattoirs.
g) Industrial production of starch.
h) Fishmeal and fish oil products.
i) Sugar factories.
8. TEXTILE, LEATHER, WOOD AND PAPER INDUSTRY
a) Industrial installations for the production of paper and cardboard (projects not comprised
by Appendix I)
b) Installations for pre-treatment (washing, bleaching, mercerisation) or dyeing of fibres or
textiles
c) Installations for tanning of hides and leather
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d) Installation for production and processing of cellulose
9. RUBBER INDUSTRY
Production and processing of elastomer products
10. INFRASTRUCTURE PROJECTS
a) Development projects for industrial areas.
b) Development projects for urban and suburban areas
c) Construction of railways and installations for reloading of goods, as well as terminals
serving several transport systems
d) Construction and expansion of airports, as well as landing sites for helicopters
e) Construction of roads, harbours and harbour facilities, including fishing harbours and
offshore-related harbours, as well as expansion of or significantly changed use of existing
harbours or fairways.
f) Construction of inland waterways not comprised by Appendix I, as well as canalisation
and regulation of watercourses.
g) Dams and installations for holding back or permanent storage of water.
h) Long-distance water pipe installations.
i) Tramways, overhead and underground railways, aerial tramways and similar lines of a
certain type which are exclusively or mainly used for passenger transport.
j) Construction of erosion-preventive coastal installations and offshore hydraulic
engineering which may change the coastline, such as dykes, piers, jetties and other
installations to protect against the sea, except maintenance and reconstruction of such
installations.
11. OTHER PROJECTS
a) Permanent racing and test tracks for cars and motorbikes
b) Waste disposal installations based on incineration
c) Waste water treatment plants
d) Storage spaces for deposition of sludge
e) Storage of scrap iron, including scrap yards for motor vehicles
f) Test benches for engines, turbines or reactors
g) Installation for production of synthetic mineral fibres
h) Installations for recycling or destruction of explosive substances
i) Destruction installations for animal carcasses
j) Other industrial installations and commercial buildings, including shopping centres,
public or private service buildings and buildings of public utility
k) Large dumping sites for materials on land and at sea
l) Establishment of new activities subject to the notification requirement laid down in
Section 6 of the Major Accident Regulations.
12. RECREATION AND TOURISM
a) Ski jumps, ski runs and ski lifts, aerial cableways and associated installations
b) Yacht marinas
c) Holiday villages, hotel complexes outside urban areas and associated developments
d) Permanente camping sites
e) Theme parks, etc.
f) Golf courses not comprised by Appendix I
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13. EXTENSIONS AND CHANGES
Extensions or changes of projects listed in Appendix II which may have significant effects,
cf. Appendix III.
APPENDIX III. Assessment of significant effects on the environment and community
Plans pursuant to Section 3, cf. Appendix II that may have significant effects shall be dealt with pursuant
to the provisions in the Regulations.
It shall be considered whether plans may have significant effects pursuant to the third subsection if it is
likely that the plan may conflict with or entail:
a) areas that are protected, temporarily protected or proposed protected pursuant to Chapter V of the
Natural Diversity Act or Section 11 of the Act relating to natural areas in Oslo and nearby
communities (markaloven),
b) cultural heritage or cultural environments that are protected, temporarily protected or proposed
protected pursuant to the Cultural Heritage Act or protected pursuant to the Planning and Building
Act, or where there are or there is a strong likelihood of finding, automatically protected cultural
monuments that are part of a cultural environment that goes far back in time,
c) salmon stocks in areas comprised by the scheme for national salmon water systems and national
salmon fjords,
d) existence of a selected or endangered habitat type, valuable habitat type, value A or B, endangered o
prioritised species, or conflicting with an ecological function area for a prioritised species,
e) natural areas that are particularly important for the pursuit of outdoor recreational activities,
f) particularly valuable landscapes, large continuous natural areas of an untouched nature or protected
waterways,
g) the pursuit of Sami commercial activities in uncultivated areas, or located in areas of special value fo
reindeer husbandry or limited seasonal pasture and that may conflict with reindeer husbandry
interests,
h) substantial reallocation of agricultural, natural or outdoor recreational areas or areas zoned for
agriculture and that are of significant importance for agricultural activities,
i) significant increase in exposure to air pollution, noise or odours, or significant pollution of the soil,
water and sediments or significant radiation,
j) significant increase in emission of greenhouse gases,
k) risk of serious accidents, avalanches, landslides or flooding,
l) consequences for public health or the demographic distribution of health,
m) impact of significant environmental vulnerability, the critical threshold for nature or areas where
stipulated threshold values have been exceeded,
n) extensive use of or occupation of natural resources or causing large waste volumes,
o) significant environmental consequences for another state
p) significant consequences for the population’s access to outdoor areas, buildings and services, or
q) national planning guidelines, national planning provisions or regional planning provisions laid down
pursuant to the Act of 27 June 2008, No. 71 or applicable national provisions or guidelines laid down
pursuant to the Planning and Building Act of 14 June 1985.
When assessing whether a plan may have significant effects, the size, location and qualities of the
project shall be considered as well as its association with other implemented, adopted and planned
projects, and the extent, complexity, duration, frequency and reversibility of the effects.
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APPENDIX IV. Framework for content of the environmental impact assessment
The environmental impact assessment shall, when relevant, include the following:
a) Description of the plan:
- Content and purpose of the planning work
- The plan must be substantiated and an account shall be provided of the consequences of not
realising the plan (the 0 alternative).
- A schedule for implementation shall be provided.
- An account of how the plan relates to national environmental goals, reports to the Storting or
the like, municipal, regional and national plans that are relevant to the plan in question, areas
subject to special restrictions, protection or other pursuant to international agreements or
treaties, as well as relevant goals stipulated through national policy guidelines or provisions, ,
regional planning provisions and how these have been taken into account
- A list shall be provided of public and private measures necessary for the implementation.
b) The environmental impact assessment:
Based on a description of important environmental and societal conditions, the environmental impact
assessment shall provide a description and assessment of the effects the plan may have on the
environment and community, including:
- Cultural heritage and cultural environments
- Natural diversity, cf. relevant provisions in the Nature Diversity Act
- Outdoor recreational activities
- Landscape
- Pollution (emissions to air, including emission of greenhouse gases, pollution of water and soil,
as well as noise)
- Aquatic environment, cf. relevant provisions in the Water Regulations
- Protection of soil resources
- Sami natural and cultural heritage
- Need for transport, energy consumption and energy solutions
- Emergency preparedness and risk of accidents, cf. Section 4-3 of the Planning and Building
Act
- Potential threats due to climate change, including risks associated with rising sea levels, storm
surges, flooding and landslides.
- Public health and the demographic health distribution
- Access for all to outdoor areas, pedestrian paths and bicycle routes
- Children’s and youth ’s conditions
- Crime prevention
- A description of architectural and aesthetic design, features and quality
- In the case of plans that may result in significant effects on competitive conditions, the
environmental impact assessment shall include assessments of these aspects.
An account shall be provided of the interaction between the above-mentioned aspects. In the case of
plans that may have significant environmental effects in another state, a special account shall be
provided of these effects.
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The total effects of the plan shall be considered, also in light of other planned, existing and/or adopted
plans or projects in the area of influence. In cases affecting reindeer husbandry interests, the overall
effects of plans and projects within the relevant reindeer pasture districts shall be assessed.
As regards relevant indents above, a brief account shall be given of the basic data and methods used to
describe the effects, including uncertainty encountered in compiling and using the data and methods.
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