Sentence for owner and manager of contracting company in connection with shorline encroachment

Justices: Møse, Noer, Bull, Ringnes, Arntzen

The owner of a property in the 100-meter belt along the coast had obtained permission to build a new cottage with a basement. Without further approval or application, a large basement was blasted and dug out, extensive works were carried out in the terrain and a tennis court was built. The sentence for violation of section 32-9, cf. section 32-8 (b) was 45 days of imprisonment both for the initiator and for the general manager of the contracting company, who was in charge of the works. The Supreme Court stated that the legislature is strict on environmental crime, which is also the approach in Supreme Court case law, and that considerations of general deterrence are paramount in the sentencing process. Here, the defendants had wilfully and negligently carried on and taken several extensive and aggravated measures. The owner had secured an increased value of his property, and the measures entailed privatisation of the shoreline. The facts that the terrain encroachments were later corrected and that the municipality eventually approved the basement were not mitigating circumstances. For the sub-contractor having carried out works at the site, a corporate fine of NOK 200 000 was stipulated, and NOK 150 000 was confiscated. It was stated that a subcontractor must have a particular incentive for verifying whether necessary permissions are in place before assuming responsibility. Here, the subcontractor had a particular incentive to investigate, which was not done. The omission was grossly negligent.  

Read the whole judgment (Norwegian only)