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Chapter 22. Dredging and dumping at sea and in waterways

Regulations relating to pollution control (Pollution Regulations). This is an unofficial translation of the Norwegian regulation.

Laid down pursuant to § 9 paragraph 1 and 3 and § 11 of the Act of 13 March 1981 No. 6 relating to protection against pollution and relating to waste [The Pollution Control Act] and § 114 paragraph 8 of the Act of 9 June 1903 No. 7 relating to Public Control of the Seaworthiness of Ships, etc.

§ 22-1. Scope of application
The provisions of this Chapter apply to any dredging activity from ships. The provisions furthermore apply to any dumping activity and placement of material from ships, offshore units and aircraft, including the dumping and placement of ships. This Chapter does not apply to the dumping of offshore units.

The provisions of this Chapter applies to the sea areas and waterways of Norway. Within the remit of international law, this also applies to the Norwegian Economic Zone and the Norwegian Continental Shelf. This Chapter applies to dumping activities from Norwegian ships in all waters.

§ 22-2. Definitions
For the purposes of this Chapter:

a) ship means any seagoing vessel irrespective of whether the vessel has propulsion machinery of its own. This does not cover offshore units;
b) offshore unit means an installation or other facility used in the petroleum activity, irrespective of whether the construction is fixed or mobile. The term offshore unit also includes pipelines and cables used in the petroleum activity. 
c) aircraft means any aircraft, irrespective of whether it has propulsion machinery of its own;
d) dredging means any intentional transfer of bottom mass, including dredge pumping, the displacement or the removal of bottom sediment. The term dredging does not include the whirling up of sediment following from normal activities at sea or in waterways, including normal ship traffic;
e) dumping means any intentional disposal of waste or other material at sea or in waterways for the purpose of disposing of such material, including the sinking of ammunition and the sinking and leaving behind of ships. The term dumping does not include the disposal of waste or other material connected with or following from normal operation of ships, offshore units or fisheries and aquaculture, except where the waste or material has been removed from the source of the waste to be disposed of elsewhere;
f) placement of material means any intentional disposal of material at sea or in waterways for other purposes than the original purpose the material was built or constructed for, and which is not considered to be dumping.

§ 22-3. Ban on dredging
Dredging is banned, except where permission is given pursuant to Section 22-6.

§ 22-4. Ban on dumping
Dumping is banned. However, permission may be given pursuant to Section 22-6 to the dumping of:

a) masses of mud, uncompacted fills and stone;
b) ships with metal hulls until 31 December 1998;
c) other ships until 31 December 2004;
d) fish offals from the processing of fish on land;
e) other kinds of waste/material in very special circumstances where land disposal entails an unacceptable hazard or damage.

§ 22-5. Placement of material
The placement of material at sea or in waterways for other purposes than the original purpose the material was built or constructed for is banned, except where permission is given pursuant to Section 22-6.

§ 22-6. Permission to dredging, dumping or placement of material
The County Governor may give permission to dredging and dumping as mentioned in Section 22-4, paragraphs a) to d), at sea or in waterways in Norway. The Climate and Pollution Agency or whoever is authorized by the Ministry may give permission to dumping as mentioned in Section 22-4, paragraph e), at sea or in waterways in Norway, to the placement of material as mentioned in Section 22-5 and to dredging and dumping in the Norwegian Economic Zone.

An application for a permission to dredging, dumping or the placement of material shall contain the information necessary to evaluate whether a permission should be given and which conditions should be imposed, including information on the waste/material to be dumped/placed and on the bottom conditions at the location of dredging/dumping.

The decision of the application shall give emphasis to the inconvenience of the pollution caused by the measure compared to the advantages and inconvenience the measure otherwise will entail.

§ 22-7. Report
If the authority that gave the permission does not decide otherwise, a report shall be submitted to that authority within 6 weeks following the completion of the dredging or dumping operation or the placement of material.

§ 22-8. Exemption to the ban on dumping
The ban on dumping does not apply in cases of force majeure for reasons of weather strain or other causes, when human lives are in danger or the safety of ships, aircraft or offshore units is threatened. Such dumping shall immediately be reported to the Climate and Pollution Agency.

§ 22-9. Supervision
The County Governor, the Climate and Pollution Agency or whoever is authorized by the Ministry of the Environment, cf. Section 22-6, shall supervise the implementation of the provisions of this Chapter or decisions made pursuant to these provisions.

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