The company Engebø Rutile and Garnet AS (ERG) is entitled to extract garnet in the Engebø deposit in Sunnfjord

In Engebøfjellet near Førdefjorden, there is a significant occurrence of the rock eclogite. Eclogite contains both the titanium-bearing mineral rutile, which according to section 7 of the Minerals Act belongs to the State, and the mineral garnet, which initially belongs to the landowner. The minerals are mixed together in the occurrence. The Supreme Court, like the previous instances, concluded that the eclogite occurrence in question was to be considered state minerals, which gave the company the right to extract and utilise the garnet. It was assumed that the term "ores" in section 7 of the Minerals Act, which defines state minerals, must be understood as rocks containing one or more minerals or elements in economically exploitable quantities. Where a landowner's mineral is included in such a rock, it is covered by the term "state minerals." The limits for the State's right must then be drawn at rock level. A historical review of mining legislation did not provide a basis for any other interpretation. The result did not involve any transfer of ownership rights or new limitations for the landowners and was not in conflict with the Constitution or the ECHR. One of the Supreme Court justices agreed with the result, but with dissenting reasoning.

Read the whole judgment (Norwegian only) (PDF)

Key paragraphs: 68, 71, 97, 129−132

Area of law: Sections 7 and 32 of the Minerals Act

Justices: Matheson, Falkanger, Falch, Østensen Berglund, Steinsvik