Environmental Impact Assessment pursuant to Chapter VII-a of the Planning and Building Act

Content:

Text of the regulations

Appendix I Projects for which environmental impact assessment is mandatory

Appendix II Projects listed in this appendix shall be evaluated using the criteria set out in § 4 of the regulations

Appendix III Content of the notification, including a proposal for a study programme

Appendix IV The content and form of the environmental impact statement

Chapter VII-a of the Planning and Building Act

Laid down by Royal Decree of 21 May 1999 pursuant to section 5 of the Public Administration Act of 10 February 1967 and sections 6, 33-2, 33-3, 33-5, 33-9, 33-12 and 120a of the Act of 14 June 1985 No. 77, the Planning and Building Act. Submitted by the Ministry of the Environment. Cf Appendix XX of the EEA Agreement (Council Directives 85/337/EEC and 97/11/EC).

§ 1. Purpose and administrative provisions

The purpose of environmental impact assessment is to elucidate the effects of projects that may have a significant impact on the environment, natural resources or the community. Environmental impact assessment shall ensure that such effects are taken into account during the planning of projects and when a decision is taken as to whether and if so subject to what conditions a project may be carried out.

Appendices I, II, III and IV form part of these regulations.

Decisions made by the public administration pursuant to Chapter VII-a of the Planning and Building Act or pursuant to these regulations are not to be regarded as individual decisions as defined in the Public Administration Act.

§ 2. Projects for which an environmental impact assessment is mandatory

An environmental impact assessment is mandatory for any project listed in Appendix I to these regulations, cf section 33-2, second paragraph, litra a) of the Planning and Building Act.

§ 3. Projects for which an environmental impact assessment is required if they satisfy one or more of the criteria set out in section 4

Notification shall be given and an environmental impact assessment shall be carried out for any project listed in Appendix II to these regulations if the project satisfies one or more of the criteria set out in items 1-6 of section 4 of the regulations, cf section 33-2, second paragraph, litra b) of the Planning and Building Act.

§ 4. Criteria for determining whether an environmental impact assessment is required for Appendix II projects

1. Protected areas and objects

Notification shall be given and an environmental impact assessment shall be carried out for any project listed in Appendix II if the proposed location of the project is within or comes into direct conflict with:

1. areas set aside for the preservation of the archaeological or architectural heritage or as nature conservation areas in local development plans drawn up pursuant to section 25, item 6, of the Act of 14 June 1985 No. 77, the Planning and Building Act, or if public notice of the planning process was given pursuant to section 27-1, subsection 1, second paragraph, first sentence;
2. areas protected pursuant to Chapters II or III of the Act of 19 June 1970 No. 63, the Nature Conservation Act, or given temporary protection pursuant to section 18, subsection 4, or which are included in proposals for protection measures of which public notice has been given pursuant to section 18, subsection 1;
3. areas protected or temporarily protected pursuant to section 7, second paragraph, of the Act of 29 May 1981 No. 38 relating to wildlife, or which are included in proposals for protection measures of which public notice has been given pursuant to section 18, subsection 1, of the Nature Conservation Act;
4. areas protected or temporarily protected pursuant to section 7, second paragraph, of the Act of 15 May 1992 No. 47 relating to salmonids and fresh-water fish, etc., or which are included in proposals for protection measures of which public notice has been given pursuant to section 18, subsection 1, of the Nature Conservation Act;
5. known archaeological or architectural monuments and sites, including an outer zone as set out in section 6, that are protected in terms of section 4 of the Act of 9 June 1978 No. 50 concerning the cultural heritage, if the cultural heritage authorities can show that such monuments and sites form part of a cultural environment covering a wide range of historical periods;
6. areas where the cultural heritage authorities can show that there is a strong likelihood of finding previously unknown archaeological and architectural monuments or sites that are legally protected in terms of sections 4 and 6 of the Cultural Heritage Act and which form part of a cultural environment covering a wide range of historical periods;
7. objects or areas protected pursuant to sections 15, 19 or 20 of the Cultural Heritage Act, or ship finds such as are mentioned in section 14 of the Cultural Heritage Act;
8. objects or areas temporarily protected pursuant to section 22, subsection 4, of the Cultural Heritage Act, or areas included in protection proposals of which public notice has been given pursuant to section 22, subsection 1, second paragraph, first sentence, of the Cultural Heritage Act;
9. state-owned buildings protected by administrative decision;

2. Areas and objects included in national conservation plans

Notification shall be given and an environmental impact assessment shall be carried out for any project listed in Appendix II if the proposed location of the project is within:

1. areas for which protection is proposed in Report No. 62 (1991-92) to the Storting on a new nationwide plan for national parks and other large protected areas;
2. wilderness-like areas, areas without infrastructure development (zone 1) or areas less than 3 km from zone 1 areas, as shown on maps drawn up according to Report No. 1995:6 from the Directorate for Nature Management on areas without infrastructure development in Norway;
3. areas which the environmental authorities can show to be habitats for directly endangered or vulnerable species and if the said authorities can show that the project may restrict or impair living conditions for the species in question, cf Report No. 1992:6 from the Directorate for Nature Management containing red lists of endangered species in Norway;
4. areas included in the 1994 inventory of valuable cultural landscapes in Norway published by the Ministry of the Environment and the Directorate for Nature Management;
5. areas for which protection is proposed in Report No. 1992:2 from the Directorate for Cultural Heritage on a nationwide plan for the protection of coastal monuments and sites, or if the project comes into direct conflict with the purpose of such protection;
6. areas for which protection is proposed in Report No. 1994:23 from the Directorate for Cultural Heritage on a plan for protection of technical and industrial monuments and sites, or if the project comes into direct conflict with the purpose of such protection;

3. Outdoor recreation areas, agricultural areas and green spaces

Notification shall be given and an environmental impact assessment shall be carried out for any project listed in Appendix II if the proposed location of the project is within:

1. areas set aside for outdoor recreation pursuant to section 25, item 4 or 6, of the Planning and Building Act, and that the environmental authorities consider to be important;
2. areas set aside for agricultural purposes pursuant to section 25, item 2, of the Planning and Building Act, and that the agricultural authorities consider to be important;
3. areas confined to outdoor recreation purposes pursuant to section 20-4, item 4, of the Planning and Building Act, or for such purposes in combination with nature conservation or protection of the cultural heritage pursuant to section 20-4, item 5, of the Planning and Building Act;
4. limited parts of areas designated as agricultural areas, areas of natural environment and outdoor recreation areas, cf section 20-4, item 2, of the Planning and Building Act, in the current land-use part of a municipal master plan, and which are shown as urban outdoor recreation areas on any maps accompanying the municipal master plan;
5. areas where the public authorities have acquired property rights in order to set them aside for outdoor recreation;
6. areas set aside as land for outdoor recreation pursuant to section 34 of the Outdoor Recreation Act;
7. areas within the 100 m zone on either side of a watercourse if the project contravenes provisions in the land-use part of the municipal master plan laid down pursuant to section 20-4, second paragraph, litra f), of the Planning and Building Act;
8. agricultural areas, areas of natural environment and outdoor recreation areas, cf section 20-4, item 2, of the Planning and Building Act, and it will permanently occupy an area of agricultural land exceeding 3 hectares if it is highly productive, 6 hectares if it is productive, or 9 hectares if it is of medium productivity. For cultivable areas of forest, the limits are 6 hectares for areas of high site quality class and 9 hectares for areas of medium site quality class.

4. Areas to which national policy guidelines apply

Notification shall be given and an environmental impact assessment shall be carried out for any project listed in Appendix II if:

1. the proposed location of the project is within the area delimited in item 2.1 of the National Policy Guidelines for planning in coastal and marine areas in the Oslofjord region laid down by Royal Decree of 9 July 1993;
2. the proposed location of the project is within the area of a protected watercourse, including an area up to 100 m wide on either side of the watercourse, or the project may have an adverse impact on other parts of the catchment area which scientific evidence shows are of value for the conservation of the watercourse, cf the decisions made by the Storting on 6 April 1973, 30 October 1980, 19 June 1986 and 1 April 1993 concerning Protection Plans I-IV for Water Resources and the National Policy Guidelines for protected watercourses laid down by Royal Decree of 10 November 1994.

If the proposed location of the project is within an area that in the part of a current municipal master plan referring to land use is designated as a building area pursuant to section 20-4, item 1, of the Planning and Building Act, or as an important link in the system of communications, pursuant to section 20-4, item 6, of the Planning and Building Act, or which is designated as a building zone pursuant to section 25, item 1, or as a public traffic area pursuant to section 25, item 3, these regulations do not apply;

3. the project conflicts with one or more of the following objectives, cf the National Policy Guidelines for coordinated land-use and transport planning laid down by Royal Decree of 20 August 1993:
4. 1. to increase the density of housing and workplaces in building zones and near stations and junctions in the public transport system;
   2. to provide for public transport in areas where the population density is sufficient to justify public transport services
   3. to ensure that public and private regional services for the general public are located on the basis of an overall evaluation of the region and are adapted to the structure of existing and planned centres and public transport junctions;

5. Significant pollution

Notification shall be given and an environmental impact assessment shall be carried out for any project listed in Appendix II if the project:

1. results in a substantial increase in the number of persons exposed to air pollution levels exceeding the air quality guidelines recommended by the Norwegian Pollution Control Authority or an increase in air pollution which results in recommended air quality guidelines being substantially exceeded, cf Report No. TA 848/1992 from the Norwegian Pollution Control Authority;
2. results in a change in water quality from one quality state to another, or results in a deterioration in water quality in a water body where the current quality state is "bad" or "very bad", cf guidelines from the Norwegian Pollution Control Authority, No. TA 905/92 for fresh water and No. TA 922/93 for fjords and coastal waters;
3. results in a substantial increase in the number of persons exposed to noise levels exceeding the limits set for road-traffic noise, air-traffic noise and industrial noise respectively, or results in a substantial increase in noise levels for persons who are currently exposed to noise levels exceeding these threshold limits, cf guidelines from the Ministry of the Environment on road-traffic noise (T/8-79), land use in air-traffic noise zones (T-1277) and industrial noise (June 1975);
4. results in a site becoming so polluted that future options for land use are substantially restricted, cf Report No. TA 1145/94 from the Norwegian Pollution Control Authority, or in such a way that current or future use of substantial ground water resources is restricted.

6. Environmental impact assessment of projects that are likely to have a significant adverse environmental impact in another state

Notification shall be given and an environmental impact assessment shall be carried out for any project listed in Appendix II if the project is likely to have a significant adverse environmental impact in another state.

§ 5. Decision on whether an environmental impact assessment shall be carried out pursuant to the provision of section 33-2, fourth paragraph, of the Planning and Building Act

When the Ministry of the Environment decides whether an environmental impact assessment shall be carried out for a project pursuant to section 33-2, fourth paragraph, of the Planning and Building Act, importance shall be attached to the characteristics, location and potential impact of the project.

§ 6. The competent authority

The competent authority shall decide whether or not an environmental impact assessment shall be carried out for projects listed in Appendix II, cf section 8.

The competent authority shall process the notification and the environmental impact statement; this includes determination of the content of the study programme and approval of the environmental impact statement.

The competent authority shall coordinate processing pursuant to these regulations with processing of the matter pursuant to special legislation and/or the planning provisions of the Planning and Building Act.

The competent authorities for the various types of projects are specified in Appendix I and Appendix II, column II.

The types of permit that shall be based on an approved environmental impact statement are shown in Appendix I and II, column III.

For projects which according to Appendix I or II are the responsibility of local or regional authorities, the superior administrative authority will be the competent authority in cases where the location of the project shall be decided by the Government or the Storting.

In cases where the competent authority for a project is not a ministry or a directorate, the Ministry of the Environment may, when the proposed study programme is submitted, decide that the county municipality or the superior administrative authority shall determine the programme. In such cases, these agencies shall take over the tasks of the competent authority. A decision on this shall be taken in consultation with the superior administrative authority.

If there is any doubt as to who is the competent authority for a project, the Ministry of the Environment shall decide the matter in consultation with the superior administrative authority.

The superior administrative authority means the ministry which is responsible for the administration of the project.

§ 7. Submission of the study programme

When the consultation process for notification of the project has been completed, and before the study programme is determined, the competent authority shall submit the proposed study programme to the Ministry of the Environment.

§ 8. Prior information and procedures for projects in terms of section 3, cf. Appendix II

For projects in terms of section 3, cf Appendix II, the developer shall, as early as possible during the preparations for the project, provide, in writing, the information necessary for the competent authority to decide whether the developer shall be required to carry out an environmental impact assessment, cf section 4.

As soon as possible and before an application for a permit pursuant to special legislation is circulated for comment, the competent authority shall decide whether a developer shall carry out an environmental impact assessment, cf section 4 of the regulations. In the case of projects for which prior notification is required pursuant to other legislation, the competent authority shall decide whether the developer shall carry out an environmental impact assessment before the prior notification is circulated for comment.

In the case of projects for which a plan (county plan, municipal master plan, local development plan) is required pursuant to the Planning and Building Act, the competent authority shall decide whether the developer shall carry out an environmental impact assessment, cf section 4 of the regulations, as early as possible and normally before the start of the planning process is made known pursuant to the first paragraph of section 20-5 of the Planning and Building Act, or public notice is given pursuant to subsection 1, second sentence of section 27-1.

The competent authority shall obtain comments from the environmental authorities before a decision is taken as to whether or not an environmental impact assessment shall be required. The term environmental authorities here means the county governor as environmental authority and the county municipality as cultural heritage authority. In the case of projects to which section 4.3, litrae b) and h) may apply, comments shall be obtained from the county governor as the agricultural authority. In the case of projects that may have an impact on the Sami cultural heritage, comments shall be obtained from the Sami Cultural Heritage Council. If the competent authority for a project is not the planning authorities, the municipalities involved shall be given an opportunity to express an opinion.

In cases where no environmental impact assessment is required, the competent authority shall ensure that the reasons for this and the comments made by the environmental authorities are clearly stated in the application or planning proposal when these are circulated for comment or deposited for public inspection.

If an environmental impact assessment is required, this shall be available before the plan or application are circulated for comment or are deposited for public inspection, cf the last paragraph of section 33-6 of the Planning and Building Act.

§ 9. Notification and environmental impact statement for several projects

If there are proposals to locate several projects within the same area, and each of them is subject to the duty to carry out environmental impact assessment pursuant to the provisions relating to environmental impact assessment, the Ministry of the Environment, in consultation with the competent authority, may order that one joint notification document and/or one joint environmental impact statement shall be drawn up.

§ 10. Environmental impact assessment in a transboundary context

1) -Projects that may have a significant adverse impact in another state

If a project is likely to have a significant adverse environmental impact in another state, the competent authority shall send notification to the appropriate authority in the said state. If the competent authority is not a ministry, this shall be done in consultation with the superior administrative authority.

If another state so requests, the Ministry of the Environment may order the competent authority to send notification of the project to the said state.

The notification shall contain information on the possible transboundary impact, the studies proposed to assess this further, and the types of decisions that shall be based on an approved environmental impact statement. A reasonable time limit shall be set for the state to indicate whether it wishes to participate in the environmental impact assessment procedure.

The notification shall be sent at the same time as it is forwarded for comment and deposited for public inspection pursuant to section 33-3 of the Planning and Building Act. A copy of the notification shall be sent to the Ministry of the Environment.

If the state wishes to participate in the environmental impact assessment procedure, the competent Norwegian authority for the project shall accept comments from the authorities involved and other interested parties in the said state. Such comments shall be treated in the same way as any other comments on the notification.

The competent authority shall send the environmental impact statement to the appropriate authority in the state concerned at the same time as it is circulated for comment and deposited for public inspection pursuant to section 33-6 of the Planning and Building Act. The competent authority shall accept comments on the environmental impact statement from the authorities and interested parties in the state concerned. The comments shall be treated in the same way as other comments on the environmental impact statement.

The competent authority may require the developer to draw up the documents in any foreign language necessary, and to take part in public meetings in the state concerned.

2) Projects in other states that may have a significant "adverse impact in Norway

If another state sends notification of a planned project that may have a significant adverse impact in Norway, the Ministry of the Environment shall decide whether Norway is to participate in the environmental impact assessment procedure.

Any Norwegian authorities that learn of such projects shall inform the Ministry of the Environment of this.

If no notification is received, the Ministry of the Environment shall raise the matter with the state in question.

The Ministry of the Environment shall ensure that information received on the project from the state in question is made known to the Norwegian authorities involved and other interested parties.

The Ministry of the Environment shall ensure that comments from the Norwegian authorities and other interested parties, and any other relevant information, are forwarded to the state in question.

The Ministry of the Environment shall, within the time limits agreed, have the authority to take part in negotiations with the state in question on the possible adverse environmental impact of the project, with a view to reducing or eliminating such effects.

§ 11. Content of the notification, including a proposal for a study programme

Notification given pursuant to section 33-3 of the Planning and Building Act shall contain a brief description of the project, of suitable alternatives, and, on the basis of the information available at the time of the notification, of questions expected to arise in relation to its impact on the environment, natural resources and the community.

The notification shall include a proposal for a study programme.

The required content of the notification is set out in Appendix III.

§ 12. Determination of the study programme

The study programme shall lay down which studies are to be carried out to elucidate any significant consequences of the project. It shall also lay down which other matters are to be elucidated and discussed in the environmental impact report. The study programme shall to the extent necessary include the points in Appendix IV, and shall be determined on the basis of the notification and comments received on this.

The competent authority should take the necessary steps to ensure the participation of the authorities involved and other interested parties before the study programme is determined.

The prescribed study programme shall be in the form of a single coordinated document.

When it determines the study programme, the competent authority shall draw up a summary of the comments on the notification. This shall indicate how proposals for studies have been evaluated, and grounds shall be given if proposals are not included in the prescribed study programme. The summary shall be enclosed with the prescribed study programme when this is forwarded to the developer. Copies shall be sent to all parties that submitted comments on the notification, cf. section 33-4 of the Planning and Building Act.

§ 13. The content and form of the environmental impact statement

An environmental impact statement pursuant to section 33-5 of the Planning and Building Act shall, on the basis of the prescribed study programme, give an account of the project, suitable alternatives, the impact of the project on the environment, natural resources and the community, the measures that can be taken to prevent or mitigate any inconvenience or adverse effects of the project, and the data and descriptions on which the statement is based. The environmental impact statement shall include an evaluation of the need for, and if necessary proposals for further studies before the project is carried out, and studies for the purpose of monitoring and elucidating the actual impact of the project.

The environmental impact statement shall be submitted as a single coordinated document, clearly intelligible, and containing the necessary illustrations and maps.

The required content and form of the environmental impact statement are set out in Appendix IV.

The developer shall draw up a brief non-technical summary of the environmental impact statement intended for public distribution.

Any relevant background material shall be available from the competent authority and the developer.

§ 14. Final document

When the environmental impact assessment requirements have been satisfied, the competent authority shall draw up a final document.

The final document shall provide a brief account of the consequences of the project as set out in the environmental impact statement and in the consultation process thereon, and describe the measures that can be taken to mitigate any inconvenience or adverse effects of the project.

The final document may also contain requirements for further studies before the project is carried out. It may also contain requirements for studies for the purpose of monitoring and elucidating the actual impacts of the project during the construction and operational phases, and in the event that the project is discontinued. The final document shall specify who is responsible for ensuring that any requirements pursuant to this paragraph are satisfied.

The final document shall be addressed to the developer. Copies shall be sent to such persons as have submitted comments on the environmental impact statement and to the Ministry of the Environment. The document shall be enclosed during any further consideration of the matter pursuant to special legislation or the Planning and Building Act.

§ 15. Time limits for submitting comments and time frames for processing by the authorities

The competent authority shall fix a reasonable time limit for the environmental authorities to submit comments concerning prior information pursuant to section 6. The time limit should not be shorter than two weeks.

The competent authority shall fix a reasonable time limit for comments on the notification. The time limit should not be shorter than six weeks.

The competent authority shall prescribe the study programme within a reasonable time period, as a general rule not more than ten weeks after the expiry of the time limit for comments on the notification.

The Ministry of the Environment shall reply to any comments received on the proposal for a final study programme within two weeks after the necessary information has been received. If no reply has been received from the Ministry of the Environment when the time limit expires, the requirement to submit a study programme is deemed to be fulfilled.

The competent authority shall fix a reasonable time limit for comments on the environmental impact statement. The time limit should not be shorter than eight weeks.

The competent authority shall decide whether the environmental impact statement is to be approved within a reasonable time period, as a general rule not more than six weeks, after the expiry of the time limit for comments on the environmental impact statement.

§ 16. Entry into force

These regulations enter into force immediately. From the same date, the Regulations of 13 December 1996 No. 1145 relating to environmental impact assessment are repealed.

§ 17. Transitional provisions

If a permit that is based on an environmental impact statement has been issued for a project before these regulations enter into force, cf the fifth paragraph of section 6 of these regulations, the regulations of 13 December 1996 shall apply.

The Ministry of the Environment may, in consultation with the superior administrative authority, decide that if applications have been received or planning proposals have been deposited for public inspection before the entry into force of these regulations, the regulations of 13 December 1996 No. 1145 shall apply.

Projects for which environmental impact assessment is mandatory pursuant to section 2 of the regulations, cf second paragraph, litra a) of section 33-2 of the Planning and Building Act

PRIVATE I. Project types and criteria for inclusion	II. Competent authority pursuant to these provisions	III. Environmental impact statement shall be used as a basis for planning decisions and/or permits issued pursuant to the following acts:
I. 1. INDUSTRIAL AND MANUFACTURING PROJECTS
I. 1.1 Crude oil refineries (excluding undertakings manufacturing only lubricants from crude oil) and installations for the gasification and liquefaction of 500 tonnes or more of coal or bituminous shale per day.	Ministry of Petroleum and Energy	Planning and Building Act Pollution Control Act
I. 1.2 Storage facilities for petroleum, petrochemical and chemical products with a capacity of 200 000 tonnes or more.	Ministry of Petroleum and Energy	Planning and Building Act Pollution Control Act
I. 1.3 Extraction of petroleum and natural gas for commercial purposes where the amount extracted exceeds 4 000 barrels/day in the case of petroleum and 500 000 m3/day in the case of gas	Ministry of Petroleum and Energy	Planning and Building Act Pollution Control Act Act relating to Petroleum Activities
I. 1.4a Hydropower installations generating more than 40 GWh per year.	Norwegian Water Resources and Energy Directorate	Watercourses Act Watercourse Regulation Act Pollution Control Act
I. 1.4b Dams and other installations designed for the holding back or permanent storage of water, where a new or additional amount of water held back or stored exceeds 10 million m3	Norwegian Water Resources and Energy Directorate	Watercourses Act Watercourse Regulation Act Pollution Control Act
I. 1.5 Thermal power stations and other combustion installations with a heat output of 150 MW or more and nuclear power stations and other nuclear reactors, including the dismantling or decommissioning of such power stations or reactors (except research installations for the production and conversion of fissionable and fertile materials, whose maximum power does not exceed 1 kW continuous thermal load).	Norwegian Water Resources and Energy Directorate for thermal power stations Ministry of Petroleum and Energy for nuclear power stations	Energy Act Planning and Building Act Pollution Control Act
I. 1.6a Installations for the reprocessing of irradiated nuclear fuels.	Ministry of Health and Social Affairs Norwegian Radiation Protection Authority	Act relating to Nuclear Energy Activities Planning and Building Act
I. 1.6b Installations designed: - for the production or enrichment of nuclear fuel, - for the processing of irradiated nuclear fuel or high-level radioactive waste, - for the final disposal of irradiated nuclear fuel, - solely for the final disposal of radioactive waste, - solely for the storage (planned for more than 10 years) of irradiated nuclear fuel or radioactive waste in a different site than the production site.	Norwegian Radiation Protection Authority	Planning and Building Act
I. 1.7 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 product; for friction material, with an annual production of more than 50 tonnes finished product; and for other use of asbestos, utilization of more than 200 tonnes per year.	Ministry of Trade and Industry	Planning and Building Act Pollution Control Act
I. 1.8 Integrated chemical installations , i.e. those installations for the manufacture on an industrial scale of substances using chemical conversion processes, in which several units are juxtaposed and are functionally linked to one another and which are: - for the production of basic organic chemicals - for the production of basic inorganic chemicals - for the production of phosphorus-, nitrogen- or potassium-based fertilizers (simple or compound fertilizers) - for the production of basic plant health products and of biocides - for the production of basic pharmaceutical products using a chemical or biological process - for the production of explosives.	Ministry of Trade and Industry	Planning and Building Act Pollution Control Act
I. 1.9 Metal processing: Integrated works for the initial smelting of cast iron and steel.	Ministry of Trade and Industry	Planning and Building Act Pollution Control Act
I. 1.10 Installations for the production of non-ferrous crude metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes	Ministry of Trade and Industry	Planning and Building Act Pollution Control Act
I. 1.11 Extraction of ores, minerals, rock, gravel, sand, clay or other deposits if the total surface area involved is at least 20 ha or the total volume extracted exceeds 2 million m3, or peat extraction, where the surface of the site exceeds 150 hectares	Directorate of Mining County municipality for workings in the sea for commercial purposes	Planning and Building Act Pollution Control Act Continental Shelf Act Harbour Act for workings in the sea
I. 1.12 Industrial plants for the production of pulp from timber or similar fibrous materials production of paper and board with a production capacity exceeding 200 tonnes per day	Ministry of Trade and Industry	Planning and Building Act Pollution Control Act
I. 1.13 Shopping centres with a net floor area of more than 15 000 m2 and built during a period of 5 years or less.	Ministry of Trade and Industry	Planning and Building Act
I. 1.14 Other industrial, commercial and office buildings, warehouses, public buildings and buildings of public utility requiring investments exceeding NOK 400 mill. and built during a period of 5 years or less.	Ministry of Trade and Industry for industrial and commercial buildings and warehouses Planning authorities for other projects	Planning and Building Act Pollution Control Act
I. 2. INFRASTRUCTURE PROJECTS
I. 2.1 Road construction projects
a) Motorways (classes A and B).	Directorate of Public Roads for trunk roads and new road links. Planning authorities for other projects.	Planning and Building Act
b) Construction of a new road of four or more lanes and/or widening of an existing road of two lanes or less so as to provide four or more lanes, where such new road, or realigned and/or widened section of road would be 10 km or more in a continuous length	Directorate of Public Roads for trunk roads and new road links. Planning authorities for other projects.	Planning and Building Act
c) Road construction projects if investment costs exceed NOK 400 mill. over a period of 8 years or less.	Directorate of Public Roads for trunk roads and new road links. Planning authorities for other projects.	Planning and Building Act
d) Roads to which the criteria set out in § 4, subsection 1 b)-i) of the regulations apply.	Directorate of Public Roads for trunk roads and new road links. Planning authorities for other projects.	Planning and Building Act
I. 2.2 Railway lines for long-distance traffic. Investments in infrastructure if costs exceed NOK 400 mill over a period of 8 years or less, and other investments to which the criteria set out in § 4, subsection 1 b)-i) of the regulations apply.	Norwegian National Rail Administration	Planning and Building Act
I. 2.3 Tramways and underground railways if investments exceed NOK 250 mill over a period of 8 years or less.	Planning authorities	Planning and Building Act
I. 2.4 Airports with a runway length of 1 600 m or more.	Civil Aviation Administration for state-owned civilian airports Ministry of Defence for military airports Planning authorities for other airports	Planning and Building Act
I. 2.5 Establishment of new coastal and inland waterways which permit the passage of vessels of over 1 350 tonnes.	Coast Directorate for projects in marine areas Norwegian Water Resources and Energy Directorate	Harbour Act for projects in marine areas Planning and Building Act Watercourses Act
I. 2.6 Establishment of new trading ports and harbour facilities, including offshore facilities and offshore-related facilities, and harbours and facilities for vessels on inland waterways which permit the passage of and calls by vessels of over 1 350 tonnes. Ferry piers are excluded.	Coast Directorate	Harbour Act for projects in marine areas Planning and Building Act Pollution Control Act
I. 2.7 Power lines and underground and submarine cables carrying a voltage of 132 kV or more and 20 km or more in length.	Norwegian Water Resources and Energy Directorate	Energy Act Planning and Building Act
I. 2.8 Pipelines for the transport of gas, oil or chemicals with a diameter of more than 800 mm and a length of more than 40 km.	Ministry of Petroleum and Energy	Planning and Building Act Pollution Control Act
I. 2.9 Works for the transfer of water resources between river basins where this transfer aims at preventing possible shortages of water and where the amount of water transferred exceeds 100 million m3/year. In all other cases, works for the transfer of water resources between river basins where the multi-annual average flow of the basin of abstraction exceeds 2 000 million m3/year and where the amount of water transferred exceeds 5 % of this flow. In both cases transfers of piped drinking water are excluded.	Norwegian Water Resources and Energy Directorate	Watercourses Act Planning and Building Act
I. 2.10 Facilities mainly designed for the final disposal of hazardous waste by incineration, chemical treatment or landfill.	Norwegian Pollution Control Authority	Pollution Control Act Planning and Building Act
I. 2.11 Waste treatment and disposal plants for consumer and production waste if their capacity exceeds 100 tonnes per day.	Planning authorities	Planning and Building Act Pollution Control Act
I. 2.12 Waste water treatment plants with a capacity exceeding 150 000 population equivalents	Planning authorities	Planning and Building Act Pollution Control Act
I. 2.13 Groundwater abstraction or artificial groundwater recharge schemes where the annual volume of water abstracted or recharged is equivalent to or exceeds 10 million m3	Norwegian Water Resources and Energy Directorate	Watercourses Act Planning and Building Act
I. 3. AGRICULTURE, FORESTRY AND AQUACULTURE
I. 3.1 Installations for the intensive rearing of poultry or pigs with more than: - 85 000 places for broilers, 60 000 places for hens - 3 000 places for production pigs (over 30 kg), or - 900 places for sows.	County governor	Animal Husbandry Licensing Act
I. 4. OTHER PROJECTS
I. 4.1 Large military shooting ranges and training areas.	Ministry of Defence	Planning and Building Act Pollution Control Act For installations in the sea: Harbour Act
I. 4.2 National parks and other protected areas covering more than 500 km2 and national parks and other protected areas covering more than 250 km2 if the project results in substantial changes in the use of the area by primary industry or tourism in the local community.	Directorate for Nature Management	Nature Conservation Act
I. 5. EXTENSION OF APPENDIX I PROJECTS
Change or extension of projects listed in Appendix I if the extension or change itself satisfies the criteria for inclusion set out in Appendix I.	see above	see above

Projects listed in this appendix shall be evaluated using the criteria set out in § 4 of the regulations, cf second paragraph, litra b) of § 33-2 of the Planning and Building Act and § 3 of the regulations.

PRIVATE I. Project types and criteria for inclusion	II. Competent authority pursuant to these provisions	III. Environmental impact statement shall be used as a basis for planning decisions and/or permits issued pursuant to the following acts:
II. 1. INDUSTRIAL AND MANUFACTURING PROJECTS
II. 1.3 Installations for the extraction of crude oil and natural gas if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Ministry of Petroleum and Energy	Act relating to Petroleum Activities Planning and Building Act Pollution Control Act
II. 1.4a Hydropower installations if investment costs exceed NOK 50 mill. Electrical installations shall be excluded from the calculation of costs.	Norwegian Water Resources and Energy Directorate	Watercourses Act Watercourse Regulation Act Pollution Control Act
II. 1.4b Dams and other installations designed to hold water or store it on a long-term basis if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Norwegian Water Resources and Energy Directorate	Watercourses Act Planning and Building Act Pollution Control Act
II. 1.5 Energy industry
a) Installations for the production of electricity, steam and hot water, if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act. The category also includes installations for the harnessing of wind power for energy production (wind farms). Electrical installations shall be excluded from in the calculation of costs.	Norwegian Water Resources and Energy Directorate	Energy Act Planning and Building Act Pollution Control Act
b) Industrial installations for carrying gas, steam and hot water if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act. Electrical installations shall be excluded from the calculation of costs.	Norwegian Water Resources and Energy Directorate	Energy Act Pollution Control Act
c) - surface storage of natural gas - underground storage of combustible gases - surface and underground storage of fossil fuels, if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act. Electrical installations shall be excluded from the calculation of costs.	Planning authorities	Planning and Building Act Pollution Control Act
d) Industrial briquetting of coal and lignite if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act. Electrical installations shall be excluded from the calculation of costs.	Planning authorities	Planning and Building Act Pollution Control Act
II. 1.6 Radioactive substances b) Installations for the collection, processing and storage of radioactive waste if costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Norwegian Radiation Protection Authority	Act relating to Nuclear Energy Activities Planning and Building Act Pollution Control Act
II. 1.7 Installations for the production of asbestos and the manufacture of asbestos products if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Planning authorities	Planning and Building Act Pollution Control Act
II. 1.8 Chemical industry
a) Treatment of intermediate products and production of chemicals if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Planning authorities	Planning and Building Act Pollution Control Act
b) Production of pesticides and pharmaceutical products, paint and varnishes and peroxides if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Planning authorities	Planning and Building Act Pollution Control Act
c) Manufacture of elastomers and treatment of elastomer-based products (rubber industry) if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Planning authorities	Planning and Building Act Pollution Control Act
d) Storage facilities for petroleum, petrochemical and chemical products if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Planning authorities	Planning and Building Act Pollution Control Act
II. 1.9 Metal production and processing
a) Installations for the production of pig iron or steel (primary or secondary fusion) including continuous casting if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Planning authorities	Planning and Building Act Pollution Control Act
b) Installations for the processing of ferrous metals: hot-rolling mills, smitheries with hammers, and application of protective fused metal coats, if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Planning authorities	Planning and Building Act Pollution Control Act
c) Ferrous metal foundries if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Planning authorities	Planning and Building Act Pollution Control Act
d) Installations for the smelting, including the alloyage, of non-ferrous metals, excluding precious metals, including recovered products (refining, foundry casting, etc.), if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Planning authorities	Planning and Building Act Pollution Control Act
e) Installations for surface treatment of metals and plastic materials using an electrolytic or chemical process if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Planning authorities	Planning and Building Act Pollution Control Act
f) Manufacturing installations for the transport industry: - manufacture and assembly of motor vehicles and manufacture of motor-vehicle engines - shipyards - manufacture and repair of aircraft - manufacture of railway equipment, if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Planning authorities	Planning and Building Act Pollution Control Act
II. 1.11 Extractive industry
a) Extraction of minerals and deposits if the total surface area involved is 7.5 ha or more or the total volume extracted is more than 750 000 m3.	Directorate of Mining Directorate of Public Roads (extraction of deposits for trunk roads and new roads) Planning authorities (extraction of deposits for other road projects) County municipality (extraction from marine areas for commercial purposes)	Planning and Building Act Pollution Control Act Harbour Act for projects in marine areas Continental Shelf Act
b) Extraction of minerals by marine or fluvial dredging, including extraction of sand, if the total surface area involved is 5 ha or more or the total volume extracted is more than 500 000 m3.	County municipality	Continental Shelf Act Pollution Control Act Harbour Act for projects in marine areas
c) Surface industrial installations for the extraction of coal, ores and bituminous shale if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Planning authorities	Planning and Building Act Pollution Control Act
e) Extraction of peat if the total surface area involved is 20 ha or more.	Planning authorities	Planning and Building Act Pollution Control Act
II. 1.12 Manufacture of pulp, paper and board if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Planning authorities	Planning and Building Act Pollution Control Act
II. 1.13 Shopping centres with a net floor area of more than 7 500m2, or more than 3 000 m2 in cases where an exemption is applied for pursuant to section 2 of the national policy decision on a temporary prohibition on the establishment of shopping centres, and which are built during a period of 5 years or less.	Planning authorities	Planning and Building Act
II. 1.14 Other industrial, commercial and office buildings, warehouses, public buildings and buildings of public utility with a net floor area of 7 500 m2 or more and that are built during a period of 5 years or less and if a plan is required pursuant to the Planning and Building Act.	Planning authorities	Planning and Building Act Pollution Control Act
II. 1.15 Coke ovens if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Planning authorities	Planning and Building Act Pollution Control Act
II. 1.16 Installations for the manufacture of cement if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Planning authorities	Planning and Building Act Pollution Control Act
II. 1.17 Installations for the roasting and sintering of metallic ores if costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Planning authorities	Planning and Building Act Pollution Control Act
II. 1.18 Mineral industry
a) Installations for the manufacture of glass including glass fibre if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Planning authorities	Planning and Building Act Pollution Control Act
b) Installations for smelting mineral substances including the production of mineral fibres if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Planning authorities	Planning and Building Act Pollution Control Act
c) Manufacture of ceramic products by burning, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain, if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Planning authorities	Planning and Building Act Pollution Control Act
II. 1.19 Food industry
a) Food production: - manufacture of vegetable and animal oils and fats, - packing and canning of animal and vegetable products, - manufacture of dairy products, - installations for the slaughter of animals and - fish processing plants if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Planning authorities For the fish-processing industry: Directorate of Fisheries	Planning and Building Act Pollution Control Act
b) Sugar factories and confectionery and syrup manufacture if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Planning authorities	Planning and Building Act Pollution Control Act
c) Brewing and malting if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Planning authorities	Planning and Building Act Pollution Control Act
d) Industrial manufacturing of starch and starch products if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Planning authorities	Planning and Building Act Pollution Control Act
II. 1.20 Textile, leather, wood and paper industries
a) Plants for washing, degreasing and bleaching of wool if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Planning authorities	Planning and Building Act Pollution Control Act
b) Manufacture of fibreboard, particle board and plywood if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Planning authorities	Planning and Building Act Pollution Control Act
c) Fibre-dyeing factories if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Planning authorities	Planning and Building Act Pollution Control Act
d) Cellulose processing and production installations if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Planning authorities	Planning and Building Act Pollution Control Act
e) Plants for the tanning of hides and skins if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Planning authorities	Planning and Building Act Pollution Control Act
II. 2. INFRASTRUCTURE PROJECTS
II. 2.1 Road construction projects if investment costs exceed NOK 150 mill. and if a plan is required pursuant to the Planning and Building Act.	Directorate of Public Roads for trunk roads and new roads. Planning authorities for other roads.	Planning and Building Act
II. 2.2 Investments in railway infrastructure and intermodal terminals exceeding NOK 150 mill. and if a plan is required pursuant to the Planning and Building Act.	Norwegian National Rail Administration	Planning and Building Act
II. 2.3 Tramways and underground railways
a) Tramways, elevated railways and suspended lines or similar lines used mainly for passenger transport if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Planning authorities	Planning and Building Act
b) Underground railways if investment costs exceed NOK 100 mill. and if a plan is required pursuant to the Planning and Building Act.	Planning authorities	Planning and Building Act
II. 2.4 Airports if investment costs exceed NOK 100 mill.	Civil Aviation Administration for state-owned civilian airports Ministry of Defence for military airports Planning authorities for other airports	Planning and Building Act
II. 2.5 Coastal and inland waterways, canalization, etc.
a) Expansion or upgrading of coastal and inland waterways and construction of navigable channels in fresh water, if investment costs exceed NOK 50 mill.	Coast Directorate for projects in marine areas Norwegian Water Resources and Energy Directorate/ Planning authorities	Harbour Act for projects in marine areas Planning and Building Act Pollution Control Act Watercourses Act
b) Canalization and flood-relief works if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Norwegian Water Resources and Energy Directorate	Watercourses Act Planning and Building Act Pollution Control Act Harbour Act
II. 2.6 Expansion and upgrading of ports and harbour facilities, including fishing harbours and offshore-related facilities, if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act. Ferry piers are excluded.	Planning authorities Coast Directorate for projects in national and regional harbours	Planning and Building Act Pollution Control Act Harbour Act
II. 2.7 Power lines if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Norwegian Water Resources and Energy Directorate	Energy Act Planning and Building Act
II. 2.8 Pipelines for oil and gas transport if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Planning authorities	Planning and Building Act Pollution Control Act
II. 2.9 Works for the transfer of water resources between river basins if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Norwegian Water Resources and Energy Directorate	Watercourses Act Planning and Building Act
II. 2.11 Waste disposal plants, etc.
a) Plants for final disposal of consumer and production waste if their capacity exceeds 20 000 tonnes per year.	Planning authorities	Planning and Building Act Pollution Control Act
b) Waste water treatment plants if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Planning authorities	Planning and Building Act Pollution Control Act
c) Treatment plants and interim and final deposition sites for sewage sludge if their capacity exceeds 20 000 tonnes per year.	Planning authorities	Planning and Building Act Pollution Control Act
II. 2.12 Storage sites for scrap iron and breaker's yards if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Planning authorities	Planning and Building Act Pollution Control Act
II. 2.13 Groundwater abstraction or artificial groundwater recharge schemes if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Norwegian Water Resources and Energy Directorate	Watercourses Act
II. 2.14 Installation of long-distance aqueducts if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Planning authorities	Planning and Building Act Pollution Control Act
II. 2.15 Deep drillings, with the exception of drillings for investigating the stability of the soil, especially: - geothermal drilling, - drilling for the storage of nuclear waste material, and - drilling for water supplies if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Planning authorities	Planning and Building Act
II. 3. AGRICULTURE, FORESTRY AND AQUACULTURE
II. 3.1 Intensive livestock installations with more than 1 400 production pig units	County governor	Animal Husbandry Licensing Act Pollution Control Act
II. 3.2 Localities for floating/movable sea-water rearing units with a volume of 48 000 m3 or more. Localities for onshore fish farming installations with a volume of 36 000 m3 or more. Hatcheries with a capacity of 2.5 mill. smolt/fingerlings or more.	Directorate of Fisheries	Aquaculture Act
II. 3.3 Cultivation of a total area of previously uncultivated land of at least 20 ha over a period of 5 years or less.	County governor	Land Act
II. 3.4 Deforestation for the purposes of conversion to another type of land use of an area of more than 20 ha over a period of 5 years or less.	County governor	Forestry Act
II. 3.5 Afforestation or planting of new tree species on a total area of more than 50 ha over a period of 5 years or less.	County governor	Forestry Act
II. 3.6 Reindeer fences exceeding 50 km in length.	Norwegian Reindeer Husbandry Administration	Reindeer Husbandry Act
II. 3.7 Water management projects for agriculture, including irrigation and land drainage projects if costs exceed NOK 20 mill.	Norwegian Water Resources and Energy Directorate	Watercourses Act
II. 3.8 Production of exotic species of plants and animals for commercial purposes.	County governor	(new regulations under preparation)
II. 3.9 Agricultural roads exceeding 15 km in length over a period of 5 years or less.	County governor	Land Act Forestry Act
II. 3.10 Enclosures for farming of deer species exceeding 10 ha in area.	County governor	Wildlife Act
II. 4. OTHER PROJECTS
II. 4.3 Development projects
a) Development projects, including car parks, for areas of more than 10 ha in towns and built-up areas to be carried out in 10 years or less and if a plan is required pursuant to the Planning and Building Act.	Planning authorities	Planning and Building Act Pollution Control Act
b) Development projects for industrial areas of more than 10 ha to be carried out in 10 years or less and if a plan is required pursuant to the Planning and Building Act.	Planning authorities	Planning and Building Act Pollution Control Act
II. 4.4 Permanent racing and test tracks for motorized vehicles if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Planning authorities	Planning and Building Act Pollution Control Act
II. 4.5 Test benches for engines, turbines and reactors if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Planning authorities	Planning and Building Act Pollution Control Act
II. 4.6 Manufacture, packing, loading or placing in cartridges of gunpowder and explosives if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Planning authorities	Planning and Building Act
II. 4.7 Installations for the recovery or destruction of explosive substances if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Planning authorities	Planning and Building Act
II. 4.8 Knackers' yards if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Planning authorities	Planning and Building Act
II. 4.9 Coastal work to combat erosion and maritime works capable of altering the coast through the construction, for example, of dykes, moles, jetties and other sea defence works if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act. The maintenance and reconstruction of such works is excluded.	Planning authorities	Planning and Building Act Pollution Control Act Harbour Act
II. 4.10 Reclamation of land from the sea if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Planning authorities	Planning and Building Act Pollution Control Act Harbour Act
II. 5. TOURISM AND LEISURE ACTIVITIES
II. 5.1 Ski-runs, bobsleigh tracks, ski-lifts, cable-cars and associated developments, e.g. facilities for the production of artificial snow, if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Planning authorities	Planning and Building Act
II. 5.2 Golf courses with 9 or more holes	Planning authorities	Planning and Building Act
II. 5.3 Marinas with room for more than 500 boats if a plan is required pursuant to the Planning and Building Act	Planning authorities	Planning and Building Act Harbour Act
II. 5.4 Leisure facilities
a) Holiday villages, holiday parks and hotel complexes and associated developments if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Planning authorities	Planning and Building Act Pollution Control Act
b) Camp sites and caravan sites with room for 200 or more units.	Planning authorities	Planning and Building Act
c) Theme parks, amusement parks, leisure complexes, etc. if investment costs exceed NOK 50 mill. and if a plan is required pursuant to the Planning and Building Act.	Planning authorities	Planning and Building Act Pollution Control Act
II. 6. EXTENSION OR CHANGE OF PROJECTS LISTED IN APPENDIX II
Extension or change of projects listed in Appendix II if the extension or change itself satisfies the criteria for inclusion set out in Appendix I.	See above	See above

Content of the notification, including a proposal for a study programme

A. A brief description of the project and of questions expected to arise in relation to its impact on the environment, natural resources and the community, with special emphasis on:

1. A description of the project, relevant alternative technical solutions, options for design and adaptation of the project, alternative locations and appurtenant activities. Any alternative locations of interest shall be indicated on maps.
2. A survey of public and private measures necessary for implementation of the project.
3. An account of how the project relates to municipal and county plans and of the permits from public authorities necessary for its implementation.
4. A description of questions expected to arise in relation to its impact on the environment, natural resources and the community, including any significant adverse impact in another state, on the basis of the information available at the time of the notification.

B. A proposal for a study programme

The study programme shall focus on the issues necessary to decide whether, and if so on what conditions, the project may be implemented.

The assessment programme shall to the extent necessary cover items a) -k) in Appendix IV, and in particular:

• the alternative locations, technical solutions and options for design and adaptation of the project, including its aesthetic design, that should be studied,
• the topics and problems that should be studied,
• plans for carrying out the programme.

Any relevant studies which are available may provide a basis for the study programme and be incorporated into the environmental impact statement.

The content and form of the environmental impact statement

The environmental impact statement shall satisfy the requirements set out in the study programme, and to the extent necessary include the following elements:

1. A description of the project, suitable alternative technical solutions, options for design and adaptation of the project and alternative locations, including
2. • the purpose of the project,
   • types of activities, including appurtenant activities,
   • a description of the reference alternative,
   • the time schedule for the project,
   • architectural and aesthetic design, features and qualities, and the types and quantities of materials to be used,
   • types and quantities of emissions to air, water, soils, etc., and in the form of noise and vibrations, radiation and heat,
   • land use and
   • labour requirements during the construction and operational phases, and in the event that project is discontinued.

Alternative locations shall be indicated on maps.

2. A survey of public and private measures necessary for implementation of the project.
3. An account of how the project relates to municipal and county plans and of the permits issued by public authorities necessary for its implementation.
4. A description of the environment, natural resources and societal conditions, including an account of plans, objectives and guidelines for the areas involved.
5. A description of the direct and indirect impact on the environment, natural resources and the community, including effects on people, the fauna and flora, soil, water, air, climate, the landscape, material assets, the archaeological and architectural heritage and cultural environments, aesthetic considerations, emergency response considerations and the risk of accidents and interactions between these elements. The impact shall be described in relation to plans, objectives and guidelines for the environment, natural resources and the community in the areas involved. A brief account shall be given of the basic data and methods used to describe the impact of the project, and of any lack of expertise or technical problems encountered in compiling and using the data and methods.
6. A description in accordance with litra e) above of the impact on any other state that may be affected by the project.
7. An account of measures that can be taken to prevent or mitigate any inconvenience or adverse effects of the project.
8. A summary of the project's impact and a comparison and evaluation of the alternatives in relation to their impact and in relation to relevant plans, objectives and guidelines.
9. The recommendation of the developer regarding his choice of alternative.
10. An evaluation of the need for, and if necessary, proposals for further studies before the project is carried out.
11. An evaluation of the need for, and if necessary, proposals for studies for the purpose of monitoring and elucidating the actual impact of the project.

Environmental Impact Assessment

Section 33-1.

Purpose of environmental impact assessment

The purpose of environmental impact assessment is to elucidate the effects of projects that may have a significant impact on the environment, natural resources or the community. Environmental impact assessment shall ensure that such effects are taken into account during the planning of projects and when a decision is taken as to whether and if so subject to what conditions a project may be carried out.

Section 33-2.

Duty to carry out an environmental impact assessment

The duty to carry out an environmental impact assessment pursuant to the provisions of this chapter applies to specified types of projects, including changes to already existing projects, that may have a significant impact on the environment, natural resources or the community and that require development consent from the public authorities. The duty to carry out an environmental impact assessment lies with the developer.

The King will prescribe by regulations:

the projects for which an environmental impact assessment is mandatory, and

the projects for which an environmental impact assessment may be required after a case-by-case assessment, and the criteria which shall be used to determine whether an environmental impact assessment shall be required.

For projects which come within the scope of the second paragraph, litra b), the King may lay down regulations prescribing which information the developer must submit to the competent authority, and how the decision reached by the competent authority is to be made public.

In individual cases, the Ministry may also prescribe that an environmental impact assessment shall be carried out for projects of smaller scope or another type, if they may have a significant impact on the environment, natural resources or the community, or if their impact is considered to be particularly uncertain or controversial. In such cases, the time limit for appeals is three weeks from the date on which notification of the decision reaches the developer.

The duty to carry out an environmental impact assessment pursuant to the provisions of this chapter does not exempt a developer from the duty to carry out an assessment pursuant to other legislation.

Section 33-3.

Notification and proposed study programme

A developer shall send notification, including a proposal for a study programme, of any project which comes within the scope of regulations issued pursuant to the second paragraph, litra a) of section 33-2 as early as possible during preparations for the project. If an environmental impact assessment is ordered in accordance with regulations laid down pursuant to the second paragraph, litra b) or the fourth paragraph of section 33-2, notification including a proposal for a study programme shall be sent as soon as possible after the competent authority has ordered such an assessment.

The developer shall send the notification to the competent authority. The competent authority will forward the notification for comment to the authorities involved and non-governmental organizations and other organizations with a professional interest in the matter, and will at the same time deposit it for public inspection in the municipality(ies) where the project is to be established. Any comments received and other information obtained during the consultation process shall be made known to the developer.

In cases where plans for the project are drawn up pursuant to the Planning and Building Act, the notification should be circulated for comment and deposited for public inspection at the same time as the start of the planning process is made known pursuant to the first paragraph of section 19-4 or the first paragraph of section 20-5, or in the case of private developers, at the same time as public notice is given pursuant to subsection 1, second sentence of section 27-1.

The King may by means of regulations lay down further rules concerning the content of such notification.

Section 33-4.

Determination of the study programme

For projects that are subject to an environmental impact assessment, the competent authority shall prescribe a study programme on the basis of the notification received and any comments thereon.

The prescribed study programme shall be sent to the developer, with copies to any persons that have submitted comments on the notification.

Section 33-5.

The content and form of the environmental impact statement

On the basis of the prescribed study programme, the environmental impact statement shall give an account of the project, any suitable alternatives, the impact of the project on the environment, natural resources and the community, and measures that can be taken to mitigate any inconvenience or adverse effects caused by the project.

The King may by means of regulations lay down further rules concerning the content and form of the environmental impact statement.

Section 33-6.

Processing of the environmental impact statement

The developer shall send the environmental impact statement to the competent authority. The authority will circulate the statement for comment to the authorities involved and non-governmental organizations and other organizations with a professional interest in the matter, and at the same time deposit it for public inspection in the municipality(ies) where the project is to be established and hold a public hearing on the matter. In special cases, an exemption from the obligation to hold a hearing may be granted. Any comments received and other information obtained during the consultation process shall be made known to the developer.

The competent authority will determine whether the requirements for the environmental impact statement have been satisfied. If new circumstances which may have a significant bearing on the impact of the project on the environment, natural resources or the community are brought to light in the assessment or otherwise, the competent authority may require additional assessments.

In cases where a plan for the project is drawn up pursuant to the Planning and Building Act, or in cases where a permit is sought for the project, the environmental impact statement shall be available before the plan or application is circulated for comment and deposited for public inspection. The environmental impact statement and the proposed plan or application should normally be circulated for comment and deposited for public inspection at the same time.

Section 33-7.

Use of the environmental impact statement

No permit may be granted, nor any planning decision taken in respect of the project, until the requirements for the environmental impact statement have been satisfied. The environmental impact statement and any comments received thereon shall be taken into account while the matter is being dealt with and in reaching a decision.

The decision reached in the case and the grounds for the decision shall be made public. The grounds for the decision shall indicate how the environmental impact statement and any comments received have been evaluated, and how much weight has been attached thereto in taking the decision, in particular as regards the choice of alternatives and the stipulation of conditions to mitigate any adverse effects, etc.

Section 33-8.

Follow-up of the environmental impact statement

When approving an environmental impact statement, the competent authority may order the developer to undertake further studies before, during and after the implementation of the project with a view to remedying any adverse effects of the project or elucidating what impact the project has in fact had or may have, for instance in the event that the project is discontinued.

Section 33-9.

Environmental impact assessment in a transboundary context

If a project is likely to have a significant adverse environmental impact in another state, or if another state which may be significantly affected by the project so requests, information on the project and its possible impact in the state in question shall be sent to the authorities in this state.

The King will prescribe by regulations the authorities responsible for sending such information, which information is to be sent, and the consultation procedures that are to be followed with the state in question. The King may also issue regulations governing the procedures to be followed if another state in a like manner gives Norway information on projects that may have an environmental impact in Norway. Regulations pursuant to this paragraph shall ensure the implementation of international agreements to which Norway has acceded.

The ministry which is administratively responsible for the project may order the developer to conduct an environmental impact assessment to elucidate the effects of the project in the state in question, as agreed with the authorities of the said state.

Section 33-10.

Renewed environmental impact assessment

For projects in respect of which an environmental impact assessment has been carried out pursuant to this chapter, the duty to send notification and if appropriate carry out a renewed environmental impact assessment takes effect if the project has not been initiated within five years after a binding planning decision has been taken or a permit has been granted for the project. The competent authority may grant exemptions from the provisions of the first sentence.

Section 33-11.

The costs of environmental impact assessment

The developer shall bear the costs of drawing up and making public the notification and the environmental impact statement for the project, and the costs of meetings in connection with the statement. The Ministry may decide that the costs shall be met in full or in part by the state, county municipality or municipality, or be divided between them. When the Ministry considers this reasonable, it may also order the developer to bear the costs of expert assistance and the like incurred by landowners and the county municipalities and municipalities with an interest in the matter.

Section 33-12.

Competent authority pursuant to these provisions

The competent authority pursuant to the provisions of Chapter VII-a of this Act is the Ministry. The King may delegate the Ministry's tasks as competent authority to other central government bodies, county municipalities or municipalities, and may at the same time order them to carry out these tasks.

The Ministry may issue further guidelines concerning the exercise of this authority.