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Chapter 41. Controls, appeals, penalties, etc.
Regulations relating to pollution control (Pollution Regulations). This is an unofficial translation of the Norwegian regulation.
§ 41-1. The relationship between general and specific provisions
The provisions in this chapter shall apply unless otherwise specified in the other chapters in these regulations.
§ 41-2. Duty to provide information
The rules regarding the duty to provide information in accordance with section 49 of the Pollution Control Act and section 5 of the Product Control Act shall apply correspondingly to the extent necessary to control and ensure compliance with the provisions in these regulations. In accordance with the regulations, the Norwegian Pollution Control Authority, the County Governor and the municipality may impose a duty to provide information within their areas of authority.
§ 41-3. Controls
The Norwegian Pollution Control Authority or the entity so authorized by the Ministry of the Environment shall conduct controls to ensure that the provisions in these regulations and decisions made in accordance with the regulations are complied with. The Norwegian Maritime Directorate shall ensure compliance with the provisions in chapters 20 to 23.
§ 41-4. Exceptions
The Norwegian Pollution Control Authority or the agency so authorized by the Ministry of the Environment may make exceptions to these regulations.
§ 41-5. Appeals
Appeals against decisions made by the municipality in accordance with the provisions in these regulations may be submitted to the County Governor.
Appeals against decisions made by the County Governor in accordance with the provisions in these regulations may be submitted to the Norwegian Pollution Control Authority.
Appeals against decisions made by the Norwegian Pollution Control Authority in accordance with the provisions in these regulations may be submitted to the Ministry of the Environment.
Appeals against decisions made by the Norwegian Maritime Directorate in accordance with these regulations may be submitted to the Ministry of the Environment.
No further appeals against the decision of the appellate instance on an appeal can be made except in accordance with section 28, subsection 3, of the Public Administration Act.
§ 41-6. Coercive fine
In order to ensure that the provisions in these regulations or decisions in accordance with these regulations are complied with, the Norwegian Pollution Control Authority, the County Governor and the municipality may impose coercive fines within their areas of authority in accordance with the regulations as laid down in section 73 of the Pollution Control Act or section 13 of the Product Control Act.
To ensure that the provisions in chapters 20 to 23 or decisions in accordance with chapters 20 to 23 are complied with, the Norwegian Maritime Directorate may impose a coercive fine in accordance with section 124 of the Seaworthiness Act.
§ 41-7. Penalties
A breach of these regulations or decisions made in accordance with these regulations shall be subject to a penalty as prescribed in chapter 10 of the Pollution Control Act or section 12 of the Product Control Act, unless stricter penal provisions apply. A breach of the provisions in chapters 20 to 23 shall also be subject to a penalty as prescribed in section 427 of the Norwegian Civil Penal Code.
§ 41-8. Delegation of authority
In addition to the stipulations laid down in the provisions in these regulations, the competent authority shall be the agency or party that, pursuant to prior delegation of authority by the Ministry of the Environment or the Norwegian Pollution Control Authority, has been granted authority in the areas that fall under the scope of these regulations.