Penalty for violation of Nature Diversity Act and Water Resources Act

Justices: Øie, Falkanger, Bergsjø, Arntzen, Bergh

The Court of Appeal had sentenced a company producing salmon smolt to a fine of NOK 25 000 and to confiscation of NOK 1 800 000 for violation of section 75 subsection 1, cf. section 77 first sentence, of the Nature Diversity Act, sections 3 and 4 of Regulations for Sandvikbotn Natural Reserve, and section 63 subsection 1 (a), cf. section 8, of the Water Resources Act. During a period of draught in 2014, the company had wilfully tapped more water from a small lake partially located in the natural reserve than what the Regulations permitted. This resulted in the drying out of a large area and the death of small animals and vegetation. The Supreme Court found that the penal provisions in the Nature Diversity Act and the Water Resources Act had been violated, and that the statutory requirement could not prevent a conviction. Exemption from criminal liability could not be granted due to the principle of necessity under section 17 of the Penal Code, since the danger had not been sudden, or due to expiry of the limitation period under section 86 subsection 3. The company's appeal against the Court of Appeal's judgment was dismissed.