– We believe that it is completely wild if you allow it, when you know the experiences from the Fosen case, says lawyer Jon-Andreas Lange. He is speaking on behalf of the reindeer grazing districts, which will be affected by the power line to Equinor’s gas plant on Melkøya in Hammerfest. Statnett may end up getting a “prior authorization” to start the development. That means starting before any form of compensation for those affected has been decided. Such proceedings are normally taken in court. The same happened in the Fosen case, which ended up in the Supreme Court. They judged the state’s decision invalid, but before that time the wind turbines had already been built. Lawyer Jon-Andreas Lange believes that the court will conclude that further development is invalid. Photo: Synnøve Hole / news Large distance between the parties If the power line is not built, the entire government’s goal to cut emissions, in order to meet the Paris Agreement, could be overturned. The gas plant on Melkøya is among the major polluters in the country. Construction of the line could start as early as the summer of 2024, if the state approves all the plans. So far, the power line stretches from Balsfjord to Skaidi, a project that started in 2016. Along this route, more than 30 reindeer herding districts are affected. But especially the last stretch will violate the same rights that affected the reindeer herders at Fosen, says lawyer Lange. He says that the cup is now full for the reindeer grazing districts of Fála and Fietta. – We believe that the limit of invalidity has been exceeded in the case, and that the courts have landed on the wrong side. We believe that the conclusion will be that a development will be invalid, says Lange. Statnett’s project manager, Jacob Grønn, says that the company will initially reach agreements with all landowners and rights holders. So far NOK 65 million has been paid out in compensation to several reindeer herding districts and property owners along the stretch between Balsfjord and Skaidi. – So far we have reached amicable agreements with 95 per cent of the landowners, says Grønn. Jacob Grønn, project manager at Statnett, does not share the opinion of the lawyer. Photo: Statnett He disagrees that the Skaidi-Hammerfest section stands out. – Our experience in relation to impact is that the reindeer adapt after the construction of the pipeline. We have mitigating measures during the construction period, with shorter stops and other measures to accommodate. It has worked well, he says. – But the lawyer says that the stretch you will now start with will have much greater significance for the reindeer owners than has been seen before. How do you see it? – I do not share this opinion. We believe there are no major differences on the line from Skaidi to Hammerfest, compared to the last stretch we did from Skillemoen in Alta to Skaidi, says Grønn. – It’s not just about the compensation sum Truls Gulowsen from the Norwegian Nature Conservation Association believes the power line is a typical example of something that is not of great societal interest, but important for Equinor’s carbon accounts. He is very skeptical that the development will start on a pre-accession basis. – It is an emergency solution to get important infrastructure projects completed. What happens in court later is about what compensation is to be given, and not whether the project is to be carried out, says Gulowsen. These power lines currently supply Hammerfest with electricity. By 2028, they must be replaced with power lines that have three times the capacity. The new 420kv line will be built in this route. Photo: Allan Klo / news He points out that when it comes to Sami rights, as with the Fosen case, it is not only a question of compensation, but a question of whether the intervention can be accepted at all from a rights perspective. – With the Fosen case in mind, one of the most important lessons must be that you do not intervene in important Sami areas, which are protected by indigenous law, before you have received a final clarification. Either through an agreement or a final judgment, he says. Truls Gulowsen of the Nature Conservation Association warns Statnett against starting construction of the 420 KV line as an “emergency solution”. Photo: Ingrid Lindgaard Stranden
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Warns of new Fosen case in Finnmark – news Troms and Finnmark
