§ 59 Measures relating to intruding vessels or objects
In the event of violation of safety zones and in dangerous situations as mentioned in Section 58, the operator shall, to the extent possible and safe, refuse entry to vessels or objects. Such refusal of entry can consist of instruction or expulsion.
If safety zones are violated by vessels or objects, and the violation entails a serious safety risk for the petroleum activities, the refusal of entry can consist of physical measures. This also applies if vessels or objects outside safety zones entail such risks, and the operator has given warning as mentioned in Section 58.
Section last changed: 01 January 2011
The operator has both a right and a duty to prohibit traffic in a safety zone.
The duty to reject applies to vessels and objects the operator has not given permission to stay in the safety zone. The general prohibition against unauthorised vessels in the safety zone has been adjusted. Even though a vessel is not part of the operator's activities, there is no desire to prohibit the operator from allowing vessels to stay in the safety zone when this does not compromise safety.
In addition to the fact that the operator can give unauthorised vessels access to the zone following a specific assessment, the Ministry of Labour and Social Affairs can also make decisions regarding the same. This option will mainly be important where the operator assumes a more restrictive attitude than the authorities. Section 9-4 of the Petroleum Act allows the Ministry of Labour and Social Affairs to regulate fishing.
All exercise of public authority shall still be able to take place unhindered within an established safety zone. This also applies to the extent foreign public authorities, according to agreements under international law with Norway, are given special control or inspection authority on Norwegian facilities.
The operator shall intervene in the event of violation of safety zones and in hazardous situations as mentioned in Section 58, first and second subsection. Such refusal of entry can consist of instruction or expulsion. The duty to intervene also includes physical measures. If the violation of safety zones entails serious risk to the safety in the petroleum activities, the refusal of entry can consist of physical measures. Physical measures can also be employed if vessels or objects outside safety zones entail serious hazard to the petroleum activities. The operator shall then first have given notice as mentioned in Section 58, first and second subsection. The character of measures shall be determined based on a consideration of how serious a risk the licensees' petroleum activities are exposed to, viewed in relation to the consequences the measures will have. The vessel's or object's size and character, weather conditions and activity on the threatened facility will be of significance for which methods to be used in the refusal of entry. The Ministry of Labour and Social Affairs also points out that an object can also be a trawl, etc. towed behind a vessel, and in this way can enter the zone, regardless of whether the vessel per se is outside.
Refusal of entry can also take place by radio or using light and audio signals. Such measures are presumed to be part of the licensee's emergency preparedness scheme.