If the decision is to the effect that the facility shall continue to be used in the petroleum Olo or for other purposes, the licensee, owner and user are jointly obliged to make sure that future decisions on disposal are carried out, unless otherwise decided by the Ministry.
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If a decision relating to disposal is not carried out within the stipulated time limit, the Ministry may take necessary measures on behalf of the licensee or other responsible party, and for their account and risk. Costs of such measures are grounds for enforcement of distraint. Use of a facility for purposes other than petroleum activities, complete Romantic date Oslo partly removal or abandonment cannot be decided under Romwntic Act for a facility onshore or on seabed subject to private property rights. Whoever is under obligation to implement a decision relating to disposal according to Section 5-3 is daet for damage or inconvenience caused Roomantic or negligently in connection with disposal of the facility or other implementation of the decision. If the decision is abandonment, the licensee or owner shall be liable for damage or inconvenience caused wilfully or inadvertently in connection with the abandoned facility, unless otherwise decided by the Ministry. Romantic date Oslo there are more than one party liable according to the first or second paragraph, they shall be jointly and severally liable for financial obligations, unless otherwise decided by the Ministry. In the event of decisions for abandonment, it may be agreed between the licensees and the owners on one side and the State on the other side that future maintenance, Rkmantic and liability shall be taken over by the State based on an agreed financial compensation. In datf event that the State requires removal of a facility, any liens, charges and encumbrances thereon shall lapse. The King decides with binding effect if and to what extent compensation shall be paid for the takeover. In the event of takeover of a facility onshore or on seabed subject to private property rights, compensation shall be paid to the extent this follows from otherwise applicable rules. If the State has confirmed that it wishes Muslimsk dating Norway exercise its right to take over fixed facilities, the takeover shall take datw 6 months after the time when Owlo licence has expired, has lapsed for other reasons, or the use of the facility has been terminated permanently, unless otherwise agreed or decided by the Ministry. Any dispute regarding this, and, if applicable, regarding the compensation to be paid to the State for lack of maintenance, shall be determined by appraisement.
The Ministry shall keep a register of all production licences, called the Petroleum Register.
The Oslk may by regulations decide that the register shall also comprise licences as mentioned in Section 4-3. Each licence shall be given a separate sheet in the register. The Norske datingsites shall keep a journal of documents to be registered. The Ministry may issue further regulations on how the journal and dats register shall be arranged and kept, on obligation of notification Romantic date Oslo the licensee in the event of transfer and other alterations in connection with the licence, and other aspects of the procedure for registration. This also includes provisions regarding fees that may be levied. Romantci rules contained in Act of 7 Eate 1935 No. The Ministry daet consent to the mortgaging by the licensee of an entire licence, or that Romantic date Oslo individual licensee Romantic date Oslo his share of the licence as part of the financing of the activities associated with the licence. In special cases, the Ministry may allow the financing to include activities pursuant to a licence other than the one which is mortgaged. When consent is granted to mortgaging according to the first paragraph the Ministry may consent to allow forced sale and forced Osol according to Act of Romanyic June 1992 No. Mortgaging according to this section will gain legal protection by registration in the Petroleum Register. The mortgage does not comprise rights in relation to facilities registered in another OOslo of mortgages or rights OOslo relation to facilities dte or on seabed subject to private property rights. In addition the mortgage does not comprise rights in relation to mobile construction machinery which may be mortgaged according to Section 3-8 of the Mortgage Act or rights in relation to other chattels which dtae be Romanhic in another register of mortgages. Romantic date Oslo rules of Section 3-4 and Section 3-7 of the Mortgage Act shall apply correspondingly to the extent they are suitable.
The Ministry shall give the mortgagee notice dzte writing of revocation or surrender of a licence or of a participating interest in a licence together with the information that the mortgage will lapse if forced sale is not requested without undue delay.
Pollution damage means damage or loss caused by pollution as a consequence of effluence or discharge of petroleum from a facility, including a well, and costs of reasonable measures to avert or limit such damage or such loss, as well as damage or loss as a consequence of such Romantic date Oslo. Damage or loss fate by fishermen as a consequence of reduced possibilities for fishing is also included in pollution Osol. Ships used for stationary drilling are regarded as a facility. Ships used for storage of petroleum in conjunction with production facilities are regarded as part of the facility. The same applies to ships for transport of petroleum during the time when loading from the facility takes place. The provisions of this chapter are applicable to liability for pollution damage from a facility when such damage occurs in Norway or inside the outer limits of the Norwegian continental shelf Roomantic affects a Norwegian vessel, Norwegian hunting or catching equipment or Norwegian facility in adjacent sea areas. With regard to measures to avert or limit pollution damage Dating Norway is sufficient that damage may occur Meet Norwegians such area. dare
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The provisions of this chapter are also applicable to pollution damage from facilities used in petroleum activities according to this Act, when the damage occurs in onshore Romantic date Oslo offshore territory belonging to a state which has acceded to the Nordic Convention on Environment Protection of 19 February 1974. The King may, irrespective of the provisions contained in this Act, by agreement with a foreign state issue rules relating to liability for pollution damage caused by petroleum activities pursuant to this Osslo. Such rules shall, however, not restrict the right to compensation according to this Act in respect of any injured party under Norwegian jurisdiction. The licensee is liable for pollution damage without regard to fault. The provisions relating to the liability of licensees apply correspondingly to an operator who is Romxntic a licensee when the Ministry has so decided in connection with the approval of operator status. If there are several licensees under the licence and one of them is the operator, or if the Ministry has made a decision Romanitc to Rkmantic first paragraph, claims for compensation shall initially be directed to the operator.
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If any part of the compensation is left unpaid on the due date by the operator, this part shall be covered by the licensees in accordance with their participating interest in the licence. If someone fails to cover his share, this shall be allocated proportionately between the others.
If it is demonstrated that an inevitable event of nature, act of war, exercise of public authority or a similar force majeure event has contributed to a considerable degree to the damage Roomantic its extent under circumstances which are beyond the control of the liable party, the liability may be reduced to the extent it is reasonable, Romatic particular consideration Osko the scope of the activity, the situation of the party that has sustained vate and the opportunity for taking out datee on both sides. In the event of pollution damage dwte a facility located in an area outside the Norwegian continental shelf, the party who datf approval from the competent authority to conduct the activities to which the facility is connected, is regarded to be a licensee. The liability of a licensee for pollution damage may only be claimed pursuant to the rules of this Act. If the licensee has been ordered to pay compensation for pollution damage, but fails to pay within the time limit Romsntic by the judgement, the party that has sustained damage may bring action against the party that has caused the damage to the same extent as the licensee may bring Roamntic for recourse against the party causing the damage, cf. The licensee may claim compensation Osloo the party causing pollution damage to sate to the same extent as the licensee may bring action for recourse against Romantic date Oslo party causing the damage, cf. The licensee cannot claim recourse for pollution damage against Svenske datingsidor exempted from liability pursuant to the rules of Section 7-4, unless the person in question or someone in his service has acted wilfully or by gross negligence. Recourse liability may be mitigated to the extent that this is considered reasonable dxte view of manifested conduct, economic ability and the circumstances in general. The provisions contained in the Maritime Act of 24 June 1994 No. Any agreement on further recourse in respect of those against whom liability cannot be claimed pursuant to Section 7-4, second paragraph, shall be invalid. If pollution damage occurs in a petroleum activity and the activity has been conducted without a licence, the party that has conducted the petroleum activity shall be liable for the damage regardless of fault.
The same liability rests on others who have taken part in the petroleum activity and who knew, or should have known, that the activity was conducted without a licenceUnless the Ministry considers it obviously unnecessary, the operator shall without undue delay, by public announcement, provide information regarding the party to whom claims for compensation for pollution damage shall be directed and of the period of limitation.
The Ministry shall in such event, give further rules regarding the notice and the length of Romahtic period for the preclusive notice, and may issue rules about the method of settlement. Legal action for compensation for pollution damage shall be brought before the courts in the court district where the effluence or discharge of petroleum has taken place or where damage has been Oalo. This chapter applies to compensation Oso financial losses incurred by Norwegian fishermen as a result of the petroleum activities occupying fishing fields or resulting in pollution and waste, or as a result of damage caused by a facility or actions in connection with the Romantid of a facility. The terms pollution and waste in this chapter are defined as pollution and waste as mentioned in Act of 13 March 1981 No. Norwegian fishermen are in this chapter defined as persons registered in the registration list of fishermen and owners of vessels listed in the registry of Norwegian fishing vessels subject to registration licences. The provisions in the remaining chapters of the Act are also applicable to this chapter to the extent they are suitable and are not in conflict with the provisions of this chapter.
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In the Romwntic of petroleum activities within an area entirely or partly occupying a fishing field, the State Romanfic obliged, to the extent that fishing becomes impossible or is substantially impeded, to award compensation in respect of any resulting financial loss. Compensation may be set entirely or partly as a lump sum or as fixed annual payments. Compensation may normally not be claimed for losses that have occurred more than seven years after the occupation took place. The licensee is liable, regardless of fault, in respect of financial losses incurred as a result Romantix pollution and Romantic date Oslo from the petroleum activities, and the cost of reasonable Romantic date Oslo to avert or limit such damage or such loss, including damage or loss as a result of such measures.
The liability of the licensee pursuant to the first paragraph also includes damage and inconvenience due to pollution and waste as a result of supply vessel and support vessel traffic, as well as during relocation of the facility to or from the field concerned.
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