The Ministry of Energy proposes that the Working Environment Act should apply to offshore renewable energy production

Background of the proposal

The government is making significant investments in offshore wind energy and aims to designate areas for the development of 30 GW of offshore wind capacity by 2040. This initiative will increase the production of renewable energy and help reduce greenhouse gas emissions.

Offshore renewable energy production is regulated by the Offshore Energy Act (Norwegian: havenergiloven) (Act of June 4, 2010, No. 21). The Offshore Industry Authority is currently drafting new regulations for safety and working conditions in this sector. To provide a sufficient legal basis for these regulations, it is necessary to make the Working Environment Act applicable to this activity. The purpose is to facilitate and ensure good working conditions for employees who will work in the offshore wind industry and other renewable industrial activities offshore.

What does the change entail?

The proposed change involves revising and clarifying Section 1-3 of the Working Environment Act. The Ministry proposes changing the title of the provision from "Offshore Petroleum Activities" to "Offshore Activities" to clarify that the rule applies to more than just petroleum activities.

Furthermore, the Ministry proposes that the provision should specify that the law applies to activities related to renewable energy production as well as the transformation and transmission of electrical energy offshore. As the current wording of the law stands, it is not clear that it covers offshore energy production beyond the petroleum industry. The Ministry proposes that the new second paragraph of Section 1-3 of the Working Environment Act should read (SANDS’ translation):

The law applies to activities related to renewable energy production and the transformation and transmission of electrical energy offshore.

Additionally, the Ministry wants a similar regulation for renewable energy production and petroleum activities regarding the geographical scope outside the Norwegian part of the continental shelf. The Ministry proposes that this can be stated in the new third paragraph by referring to the second paragraph as follows:

The law applies to activities mentioned in the first [and second paragraphs] in the area outside the Norwegian part of the continental shelf if this follows from a special agreement with a foreign state or from international law otherwise.

Finally, the Ministry proposes linguistic adjustments to the current third paragraph, which will become the new fourth paragraph. These changes are purely linguistic and do not entail any substantive changes.