§ 72 Sanctions
Provisions with regard to penalties and other sanctions contained in the health, safety and environment legislation apply to violation of requirements stipulated in and pursuant to these regulations.
Section last changed: 01 January 2011
The provision is included to clarify that provisions regarding penalty and other sanctions, are stated in the health, safety and environment legislation.
In the Ministry of Labour and Social Affairs area of authority, the following provisions regarding penalty and other sanctions are relevant in the event of violation of the provisions stipulated in these regulations and supplementary regulations or from decisions made in pursuance of the regulations: Chapter 19 of the Working Environment Act and Sections 10-13, 10-16 and 10-17 of the Petroleum Act.
To ensure that these regulations and supplementary regulations are complied with, coercive fines can be issued under the scope of the Pollution Control Act (in Norwegian only) in pursuance of Section 73 of the Pollution Control Act (in Norwegian only). The party that has, does or implements something that can pollute in violation of these regulations or regulations stipulated in pursuance of them, can be punished according to Section 78 of the Pollution Control Act (in Norwegian only). Illegal handling of waste can be punished according to Section 79 of the Pollution Control Act (in Norwegian only).
As regards the statutory basis for sanctions in the health legislation, reference can be made to Section 67 of the Health Personnel Act (in Norwegian only), which is generally directed towards the party who, with intent or gross negligence violates or is accessory to violating provisions of the act or in pursuance of it. Penal clauses are also found in e.g. Section 8-1 of the Contagious Illness Protection Act (in Norwegian only) and Section 6-5 of the Health and Social Preparedness Act (in Norwegian only). Whether one and the same matter can be covered by penal clauses in the Petroleum Act as well as the health legislation, shall be specifically evaluated based on an interpretation of the respective acts, cf. criminal law regarding concurrence of offences in one's actions.