Chapter 17. Common provisions on control, appeals, penal measures, etc.

Regulations relating to the recycling of waste (Waste Regulations). This is an unofficial translation of the Norwegian regulation

17-1. Relationship between general and special provisions

The provisions in this chapter apply unless otherwise specifically determined in the other chapters in the regulations.

17-2. Duty to provide information

The rules relating to the duty to provide information in section 49 of the Pollution Control Act and section 5 of the Product Control Act apply correspondingly in so far as this is necessary to verify and ensure compliance with the provisions in these regulations. The Environment Agency, the county governor and the municipality may order information to be provided within their areas of authority under the terms of these regulations.

17-3. Control

The Environment Agency or the agency authorised by the Ministry of Climate and Environment is responsible for ensuring compliance with the provisions in these regulations and decisions made pursuant to the regulations.

17-4. Exemptions

The Environment Agency or the agency authorised by the Ministry of Climate and Environment may grant exemptions from these regulations.

17-5. Appeals

Appeals against decisions made by the municipality pursuant to the provisions in these regulations may be submitted to the country governor.

Appeals against decisions made by the country governor pursuant to the provisions in these regulations may be submitted to the Environment Agency.

Appeals against decisions made by the Environment Agency pursuant to the provisions in these regulations may be submitted to the Ministry of Climate and Environment.

Appeals cannot be made against decisions of the appeal authority in the appeals case, except under section 28, paragraph 3 of the Public Administration Act.

17-6. Coercive fines

In order to ensure compliance with the provisions of these regulations or decisions made pursuant to the regulations, the Environment Agency, the county governor and the municipality may impose coercive fines in accordance with section 73 of the Pollution Control Act or section 13 of the Product Control Act within their areas of authority under these regulations.

17-7. Penal measures

Contraventions of the provisions in these regulations pursuant to sections 30 to 33 of the Pollution Control Act may be subject to administrative fines, cf. section 79, paragraph two, of the Pollution Control Act, unless the matter is covered by more severe penal provisions. For other contraventions of these regulations or of decisions made pursuant to the regulations, chapter 10 of the Pollution Control Act or section 12 of the Product Control Act shall be applied unless the matter is subject to more severe penal provisions.

17-8. Division of authority

In addition to what is evident from the provisions in these regulations, the competent authority is the agency or agencies that, pursuant to previous delegation decisions made by the Ministry of Climate and Environment or the Environment Agency, has or have been issued authority in areas that fall within the scope of these regulations.

17-9. Entry into force 

These regulations enter into force on 1 July 2004, unless otherwise specified by special provisions in the individual chapter. The following regulations are repealed from the same date:

Regulations no. 616 of 17 July 1990 relating to environmentally hazardous batteries,
Regulations no. 1182 of 10 December 1993 relating to take-back systems for packaging for beverages,
Regulations no. 246 of 25 March 1994 relating to the collection and recovery of waste tyres,
Regulations no. 1231 of 30 December 1994 relating to the cross-border transport of waste,
Regulations no. 508 of 24 May 1995 relating to the incineration of municipal waste,
Regulations no. 498 of 20 May 1995 relating to the incineration to waste electrical and electronic equipment,
Regulations no. 1 of 3 January 2000 relating to refunds of charges on trichloroethylene (TRI),
Regulations no. 1236 of 13 December 2000 relating to the declaration of hazardous waste,
Regulations no. 375 of 21 March 2002 relating to deposition of waste,
Regulations no. 750 of 26 June 2002 relating to end-of-life vehicles,
Regulations no. 1816 of 20 December 2002 relating to the incineration of waste,
Regulations no. 1817 of 20 December 2002 relating to hazardous waste.