Permit for the building and operation of electrical installations for power production and transmission

Applications must be sent to the Norwegian Water Resources and Energy Directorate (NVE).

The developer must prepare a notification including a proposal for the assessment process. This notification must be submitted to NVE, which distributes it for public consultation. After the consultation procedure, NVE will stipulate a final impact assessment programme after having presented the matter to the Ministry of the Environment. The developer is then responsible for ensuring that an impact assessment is carried out in accordance with the programme. This is done in parallel with the preparation of a licence application pursuant to the Energy Act. The licence application and the impact assessment must be submitted concurrently to NVE, which distributes them for public consultation. After this consultation procedure, NVE can either approve the impact assessment or, if necessary, request additional assessments. Once the impact assessment has been approved by NVE, NVE can make a licence decision pursuant to the Energy Act.

Norwegian Act No 50 of 29 June 1990 relating to the Generation, Conversion, Transmission, Trading, Distribution and Use of Energy etc. (Energy Act)

Norwegian Regulations No 959 of 7 December 1990 relating to the Generation, Conversion, Transmission, Trading, Distribution and Use of Energy etc. (Energy Act Regulations)

Norwegian Act No 71 of 27 June 2008 relating to Planning and the Processing of Building Applications (Planning and Building Act)

Norwegian Regulations No 1726 of 19 December 2014 relating to Regulations on Environmental Impact Assessment for plans pursuant to the Norwegian Planning and Building Act 

Norwegian Regulations No 1158 of 7 December 2012 relating to Energy Studies

As far as applicable, the licence application must include the following:

- a description of the applicant and its activities
- a technical and financial description of the installation, including the physical design of the installation and any auxiliary installations such as roads etc.
- how the installation fits into the energy plan
- the planned dates for start-up and completion of the installation
- an account of the installation's adaptation to the landscape with necessary drawings and maps
- the installation's effect on public interests and possible measures to mitigate the impact
- the results of any environmental impact assessments
- the installation's effect on private interests, including the interests of landowners and other rights holders
- the need for permits pursuant to other legislation, including the relationship to municipal plans pursuant to the Planning and Building Act

A guide to writing licence applications was published in NVE publication No 21, 1991.

Requirements of the applicant:

The purpose of environmental impact assessments pursuant to the Planning and Building Act is to clarify the effects of projects that can have a significant impact on the environment, natural resources or society. The impact assessment is intended to ensure that this impact is taken into account in the planning of the project and when considering whether, and if relevant on what conditions, the project may be implemented.

The regulations distinguish between Appendix I measures, which must always be subject to impact assessments, and Appendix II measures, for which it must be assessed on a case-to-case basis whether the planned installation triggers a requirement for notification and an environmental impact assessment.

The developer must prepare a notification including a proposal for the assessment process. This notification must be submitted to NVE, which distributes it for public consultation. After the consultation procedure, NVE will stipulate a final impact assessment programme after having presented the matter to the Ministry of the Environment. The developer is then responsible for ensuring that an impact assessment is carried out in accordance with the programme. This is done in parallel with the preparation of a licence application pursuant to the Energy Act. The licence application and the impact assessment must be submitted concurrently to NVE, which distributes them for public consultation. After this consultation procedure, NVE can either approve the impact assessment or, if necessary, request additional assessments. Once the impact assessment has been approved by NVE, NVE can make a licence decision pursuant to the Energy Act.

The notification constitutes early notification of a planned project. The notification contributes to informing affected parties about the project, while also giving them a chance to submit opinions and input. In the notification, the developer must describe the project, provide a preliminary assessment of the possible consequences for the surroundings, and propose an assessment programme.

A notification must always be prepared for power lines and underground and sea cables with a voltage of 132kV or more that are more than 20 km long, and for combined heat and power plants with an output of 15 MW or more.

A duty of notification applies to power lines and installations for the production of electric energy if the following requirements are met (Appendix II measures):

- investment costs exceed NOK 50 million, and
- the project involves the preparation of a plan pursuant to the Planning and Building Act, and
- the project is deemed to affect/ come into conflict with one or more of the criteria set out in Section 4 of the Planning and Building Act's Regulations on Environmental Impact Assessments.

Coordinated power system assessments in regional and central power grids are intended to contribute to a socially rational development of the energy system and provide a basis for processing licence applications.

Conditions for being granted a licence:

A. Operation and maintenance

The licensee has an obligation to keep the installation in a satisfactory and reliable condition at all times, including carrying out maintenance and modernisation that ensures a satisfactory supply quality.

B. The environment and landscape

During the planning, construction and operation of the installation, the licensee is obliged to ensure as little detrimental impact on the environment and landscape as possible for the general public, insofar as this can be done without unreasonable costs and inconvenience to the licensee.

C. Emergency response

During planning, construction and operation of the installation, the licensee is obliged to ensure that emergency preparedness considerations are taken into account.

D. Closure and clearance of installations

When an installation is closed down, the former licensee is obliged to remove the installation and to restore the landscape to its natural condition insofar as that is possible. NVE may set a deadline for this work and stipulate requirements for the restoration of the landscape.