Annex
Sami Parliament on a regular basis. Consultations are normally related to the licensing process of hydropower plants, wind power plants or power lines conflicting with Sami interests/
areas, but can also be relevant for new petroleum projects. In its communication, the Sami
Parliament refers to the Goliath field in the Barents Sea, where production was scheduled for
2013 and the operational phase was programmed to last 15 years. It adds that, during the
consultations in 2009, it was agreed that the operator has performed a comprehensive environmental impact assessment for Goliath. It was agreed that it was important that initiatives
to boost local spin-off effects and expertise must also benefit the Sami. It was also agreed
that the emergency contingency system to combat oil pollution on Goliath must maintain a
very high standard. Agreement was not reached however between the Sami Parliament and
the Ministry of Petroleum about an indigenous fund in connection with the Goliath field, or
about whether the Sami have any special rights to petroleum resources in the Barents Sea.
The Committee requests the Government to continue providing information on the cooperation between the Ministry of Petroleum and Energy, and its subordinate agency the NVE, and
the Sami Parliament concerning oil and gas, water and energy projects.
Articles 14 and 15. Rights to land in traditional Sami areas south of Finnmark County. The
Government indicates that it is currently working on the follow-up of the report of the Sami
Rights Committee. One of the proposals of the Sami Rights Committee is a new statute on
administrative procedures and consultations. In its communication, the Sami Parliament
indicates that 2012 marked the commencement of consultations on consultation as well as
administrative procedures legislation. It adds that the Government has not given the Sami
Parliament any basis for consultations on the identification legislation and governance and
administrative legislation. The Sami Parliament is concerned about the lack of legislative
advancement in these efforts, and about whether this indicates little willingness to safeguard
Sami rights to land and resources outside of Finnmark County. The Committee trusts that
Articles 14 and 15 of the Convention will be duly taken into account in this process and
that consultation and participation will take place in accordance with Articles 6 and 7. The
Committee also requests the Government to provide further information on the measures to
protect the land rights in traditional Sami areas south of Finnmark County.
Article 15(2). Mining legislation. The Government indicates that the Minerals Act was adopted
in the spring of 2009 and entered into force on 1 January 2010. The Minerals Act establishes special rules to ensure the basis for Sami interests in Finnmark, including a duty to
give notice before prospecting and exploration begin. Secondly, the Mineral Act contains special procedures pertaining to the processing of applications for permits for mineral activities
in Finnmark. The Government indicates that a party that is extracting a deposit of minerals
owned by the State shall pay the landowner an annual fee of 0.5 per cent of the sales value
of the extracted minerals. In the case of land owned by the Finnmark Estate, an increased
landowner fee of 0.25 per cent shall be paid in addition to the ordinary landowner fee. The
Committee notes that the Government presented its Strategy for the Minerals Industry in
March 2013. The Ministry of Trade and Industry carried out two consultations meetings with
the Sami Parliament, which gave its approval of the chapter in the strategy about mineral
activities in areas where there are Sami interests. One of the measures in the Strategy for
the Minerals Industry is that the Government will consider whether the Minerals Act should
be amended with the inclusion of specific rules to protect Sami interests in connection with
mineral operations outside of Finnmark. The Ministry of Trade and Industry initiated consultations on the matter with the Sami Parliament and the Sami Reindeer Herders’ Association
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