Regulations to Chapter 8 of the Petroleum Act relating to compensation to fishermen

Regulations to Chapter 8 of the Petroleum Act relating to compensation to fishermen. Stipulated by Royal Decree of 12 December 2008 pursuant to Act of 29 November 1996 No. 72 sections 8 - 6 and 10 - 18.

Contents

 


Unofficial translation from Norwegian

 

Section 1
Scope

The present regulations apply to the handling of claims for compensation filed as a result of occupation of fishing areas pursuant to Section 8 - 2 of Act of 29 November 1996 No. 72 relating to petroleum activities (the Act), pollution and waste pursuant to Section 8 - 3 of the Act and damage cau sed by installations pursuant to Section 8 - 5 of the Act.

 

Section 2
Claims commission

Claims as a conseque nce of occupation of fishing fields pursuant to Section 8 - 2 of the Act shall be dealt with by a commission consisting of a representative of the Directorate of Fisheries, a representative of the Norwegian Petrole um Directorate, and a member filling the qu alification requirements for a judge, cf. Act of 13 August 1915 No. 5 Sections 53 and 54.

The commission shal l within four months estimated from the time the claim reached the secretariat of the commission, cf Section 7, handle the claim in accordance wit h section 8 - 2 of the Act. In special cases the commission may decide a prolongation of the allowed period to handle the claim.

Claims as a consequence of pollution and waste pursuant to Section 8 - 3 and installation causing damage pursuant to Section 8 - 5 of the Act shall be dealt with by a commission consisting of a representative of the fisheries organizations, a representative of companies with licence according to Section 3 - 3 of the Act and a member filling the qualification requirements for a judge, cf . Sections 53 and 54 of Act of 13 August 1915 No. 5.

The member with competence as a judge shall be the chairman of the commission.

The decisions of the commission shall be made by majority vote.

 

Section 3
Appeal board

Decisions made by a commission as described in Section 2 may within a period of 2 months be brought before an appeal board consisting of a representative of each of fol lowing: the Directorate of Fisheries, the Norwegian Petrole um Directorate, the fish eries organizations and the compa nies holding a licence according to Section 3 - 3 of the Act, as well as a member filling the qualification requirements for a judge.

Section 2, fourth and fifth paragraph shall apply accordingly.

 

Section 4
Appointment of commission and appeal board

Commissions and appeal boards as mentioned in Sections 2 and 3 are appointed by the King for a period of two years at a time.

A deputy member shall be appointed for each member.

 

Section 5
Consideration of evidence with regard to joint and several liability under Section 8 - 4 of the Act

Consideration of evidence according to the provisions concerning joint and several liability under Section 8 - 4 of the Petroleum Act shall give particular emphasis to:

a) nature of the object causing damage, if this can be established,

b) location of th e event causing the damage (abandoned 1 drilling site or supply vessel route),

c) damage or nature of damage,

d) sequence of events leading to the damage,

e) experience from prior fishing activities in the area, and

f) reports on inspections carried out by the Norwegian Petroleum Directorate.

 

Section 6
Claims for compensation

Claims for compensation shall be made by using a form stipulated for this purpose.

The claim shall be forwarded via the regi onal offices of The Norwegian Directorate of Fisheries to the secretariat of the commission.

 

Section 7
Secretariat

The secretariat of the commissions and appeal boards is with the Directorate of Fisheries.

 

Section 8
Entry into force

The present regulations enter into force on 1 January 2009. From the same date the Regulations 27. July 1990 No. 628 to Chapter VI of the Petroleum Act relating to compensation to fishermen are repealed.

 

Last translated 17.1.2014