The Norwegian Pollution Control Act

The Pollution Control Act is a typical enabling act. This means that the details in each case are outlined in discharge permits and regulations issued by the pollution control authorities. The Act was established for the purpose of preventing and reducing harm and nuisance from pollution. This is reflected in the main rule of the act, which says that pollution is forbidden, unless it is specifically permitted by law, regulations or individual permits.

Section 1 of the Act states that the purpose of the Act is to protect the outdoor environment against pollution and to reduce existing pollution and waste. But environmental protection is not the only relevant consideration here. The act shall secure a satisfactory environmental quality based on a balance of interests, which includes costs associated with any measures and other economic considerations. 

Pollution is defined in section 6 of the Act. The definition has two aspects. In the first place, certain actions must be present. There has to be a discharge of solids, liquids or gases to air, water or ground. This discharge must be caused by human activity, not by nature itself. Secondly, there has to be a risk of adverse effects or impacts on the environment. The discharge has to effect the recipient. It is enough that the discharge may cause damage or nuisance to the environment. That is in accordance with the precautionary principle. Any damage or nuisance is relevant here, whether they affect humans, animals or nature itself. 

The Norwegian Pollution Control Act distinguishes between legal and illegal pollution. Section 7, first paragraph, states the basic principle and the main rule of the act: It is not allowed to possess, do, or initiate anything that may entail a risk of pollution, unless this is specifically permitted by law. 

Almost all pollution activity in Norway is based on individual permits or licences issued by the Climate and Pollution Agency or the county environmental agencies. Whether a permit is granted or not, depends on the professional judgement of the pollution control authorities.