– I really don’t think the legal system knows what they are doing. This case is probably a new country, and they are listening too much to what the Norwegian Directorate of Water Resources and Energy (NVE) puts forward, says general manager of Repparfjord Sand, Odd Einar Sakshaug. Since 2003, the company has taken sand and gravel from an area located close to the Repparfjordelva in Hammerfest municipality. The river has the status of a national salmon waterway, and is protected against pollution and development. The Repparfjordelva in Hammerfest municipality has the status of one of 52 national salmon waterways. The salmon populations covered by the scheme must be protected against encroachment and activities in the waterways, and in the nearby fjord and coastal areas. Photo: Allan Klo / news Lost the license In 2010, Repparfjord Sand received a license from NVE to extract loose material in the area. The permit, however, required a shutdown in the period from April to July in order to avoid disturbing bird life during the nesting phase. In addition, NVE asked for approved detailed plans for the operation. In 2018, the company lost its licence. NVE claimed that Repparfjord Sand broke the conditions that had been set. The company was fined NOK 100,000, which was not accepted. The case thus ended up in the courtrooms, and in 2021 the company was sentenced in Hammerfest district court. They appealed to the Court of Appeal, but were not successful. The gravel roof is about 400 meters away from the Repparfjordelva. NVE believes the owners have not taken into account the license conditions, which, among other things, demand a halt in operations between April and July in order to protect bird life during the nesting season. Photo: Allan Klo / news Reported to the police again In retrospect, the directorate claims that the company has continued to remove loose materials from the area. NVE has therefore submitted a new police report on Repparfjord Sand. Finnmark Police District confirms that they are investigating the case for a breach of the Water Resources Act. Sakshaug and Repparfjord Sand indicate that they take mass from their own land, and that this takes place at a good distance from the watercourse. He also emphasizes that the extraction takes place in the sea, and does not touch the river. – Environmental crime – We define this as environmental crime, says Mari Hegg Gundersen, head of section for environmental inspection of watercourses at the Norwegian Directorate of Watercourses and Energy. – This is environmental crime, says Mari Hegg Gundersen, head of section for environmental inspection of waterways at NVE. Photo: Jon Petrusson / news She believes Sakshaug’s arguments fall on their own unreasonableness. – It was decided in the court case that this is absolutely within what we define as an area requiring a licence, and therefore we disagree, emphasizes Hegg Gundersen. She describes the case as worrying. – It is rare that actors do not comply with laws and regulations, as everyone else does. We think this is very serious, which is why we have submitted a new review, says Hegg Gundersen. David v Goliat Repparfjord Sand has had legal assistance from Trond Biti. He represented the company in two court rounds. On behalf of his client, he emphasizes that they have the benefit of seeing documentation that bird life and the wild salmon population have been damaged by the business. – NVE has not been able to demonstrate concrete damage, yet they choose to impose almost impossible conditions on the company, says the company’s lawyer, Trond Biti. Photo: Nils Henrik Måsø / news – First and foremost, this is David’s battle against Goliath. What is special is that you cannot document negative consequences. – The salmon run and the salmon population have been at a good level, and the birdlife has been functioning well. They have therefore not been able to demonstrate concrete damage, and yet they choose to impose almost impossible conditions on the company, says Biti. Investigation NVE emphasizes that they relate to the ongoing investigation. – This is a boring case that has been going on for an awful lot of years. I hope and believe that this is the last time we report this relationship, says Hegg Gundersen. Repparfjord Sand and Ole Einar Sakshaug do not intend to give up without a sword strike. – Do you think there will be a new trial? – It’s hard to say, but I hope so, he says. – You have already been convicted once. What makes you believe that you will win in a possible new case? – Believing in the State is like swearing in church. This has become a matter of prestige for NVE. They just want us away, says Sakshaug. Published 30.06.2024, at 09.46
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Repparfjord Sand reported to the police for environmental crime once again – news Troms and Finnmark
