Developing a modern legal framework for mineral extraction in Norway

Mineral extraction in Norway is currently governed by a range of laws. The primary legislation is the Minerals Act of 2009, which sets out the framework for exploration, investigation, and extraction of mineral resources. In addition, the Planning and Building Act, the Pollution Control Act and the Nature Diversity Act are central to matters such as land-use planning, environmental protection and conservation. The administration of Norway’s mineral resources is handled by the Directorate of Mining with the Commissioner of Mines at Svalbard (DMF).

Together, these laws form a regulatory framework that aims to balance industrial development with sustainability.

New Minerals Act in the pipeline

In July 2022, a broad-based expert committee – the Minerals Act Committee – delivered its proposal for a new Minerals Act in the form of Official Norwegian Report NOU 2022:8. The aim is to modernise and clarify the legislation, and to enhance predictability for both the industry and the authorities.

Key proposals from the committee included:

• A general modernisation of the legislation to improve clarity and predictability for both regulators and industry
• Amendments and clarifications relating to the rights of Sámi stakeholders
• Improved systems for sampling, data management and reporting
• Better coordination across different regulatory processes
• A clearer shift towards a resource management-based framework

The proposal was subject to public consultation in autumn 2022 and received largely positive feedback. Several consultation responses emphasised the need for effective collaboration between mining interests, landowners, municipalities, Sámi rights holders, and environmental interests.

The Ministry of Trade, Industry and Fisheries (MTIF) began following up on the proposals in autumn 2023. On 27 March 2025, the MTIF presented its proposal for a new Minerals Act (Prop. 71 L (2024–2025)). The proposed legislation incorporates many of the committee’s recommendations, while others have not been followed up. Key elements of the proposal include:

• Sustainable management: Emphasising socially and economically responsible and sustainable mineral extraction.
• Process simplification: Aiming to improve and streamline the legislation to enhance value creation in the Norwegian economy.
• Coordinated case processing: Introducing a general coordination obligation for mineral activities to avoid conflicting requirements and unnecessary delays.
• Unified exploration permit: Replacing the current priority system with a single, exclusive exploration permit for state-owned minerals, industrial minerals and light metals.
• Consultation on exploration plans: Requiring operators to submit an exploration plan for public consultation before commencing investigations.
• Shorter permit duration: Reducing the duration of exploration permits from seven to three years, with activity requirements for extensions.
• Reporting obligations: Introducing reporting requirements for mineral extraction that occurs in connection with other land use.
• National security interests: Incorporating provisions to safeguard national security in relation to mineral activities.
• Strengthening Sámi rights: Extending the scope of the current special rules relating to Sámi interests to cover the entire traditional Sámi area.
• Clarifying international obligations: Including measures to ensure compliance with international law and to strengthen protections for Sámi rights holders.

Norway’s mineral strategy

As a supplement to the legislative process, the Norwegian government launched its national mineral strategy in June 2023, setting out five key priorities:

• Accelerating the development of Norwegian mineral projects
• Supporting a circular economy
• Promoting a more sustainable mineral industry
• Improving access to private capital
• Strengthening Norway’s role as a reliable supplier of raw materials to green value chains

The strategy aims to speed up project development and enhance Norway’s position in this strategically important sector. The Ministry’s proposal for a new Minerals Act is considered a key measure to help achieve these objectives.

The EU’s Critical Raw Materials Act (CRMA)

EU developments are also shaping the regulatory framework in Norway. The EU’s Critical Raw Materials Act (CRMA) was presented by the European Commission on 16 March 2023, formally adopted, and entered into force on 23 May 2024. The CRMA aims to secure the EU’s access to critical raw materials and introduces, among other things:

• National “fast-track” permitting processes for strategic projects
• Targets for domestic supply
• Requirements for mapping and data collection
• Stronger coordination across member states

Norway’s preliminary position on the CRMA was set out in July 2023. The Norwegian government expressed support for the EU’s ambitions and for more efficient national permitting processes for extraction activities. At the same time, it stressed the importance of safeguarding the environment, national security, and Indigenous rights. However, the government’s position paper did not take a stance on whether the regulation should be incorporated into the EEA Agreement.

Several European civil society organisations have voiced concerns about aspects of the regulation, including the streamlining of permitting processes. The Ministry’s legislative proposal does not clarify whether – and if so, which – elements of the CRMA will be deemed addressed through the new Minerals Act. We expect that the CRMA’s requirement for national fast-track permitting for strategic projects may in particular require further legislative action by the Ministry.

What does this mean in practice?

The regulatory developments point towards a more holistic and coordinated approach to mineral management, with clearer requirements, shorter processing times, and stronger safeguards for societal interests. For industry stakeholders, it will be important to closely monitor developments – both in terms of national legislation and EU regulation.

Please feel free to contact us for more information on the legal framework for mineral extraction and how we can assist with projects in development.