| Tittel: | Individuelle pålegg og overvann – forutsetninger og begrensninger | | Ansvar: | Andreas Skullerud | | Forfatter: | Skullerud, Andreas  | | Materialtype: | Bokkapittel | | Utgitt: | Oslo : Cappelen Damm Akademisk, 2022 | | Omfang: | S. 173-224 | | ISBN/ISSN: | 9788202738686 | | Emneord: | Jus / Samfunn / Vannforsyning | | Note: | Verket utgis Open Access under betingelsene i Creative Commons-lisensen CC-BY 4.0
(http://creativecommons.org/licenses/by/4.0/). | | Innhold: | Abstract
This article discusses a recent proposal for a new section 31-9 in the Norwegian Planning and Building Act. The provision shall give municipalities the right to prescribe private landowners to implement measures to ensure better management of stormwater in existing settlements. The focus is on substantive aspects that apply to the legislature when preparing new laws and injunctions, especially according to the European Convention on Human Rights. It is argued that the principle of proportionality contains more than just a ‘free law’ assessment – based on a balance of interests – which is often decided based upon a preponderance of interests. The assessment also argues that distinction should be made between different types and forms of stormwater (situations). This will, among other things, be substantiated and illustrated through judgements and decisions from the European Court of Human Rights. Finally, it is argued that the current proposal should be re-evaluated or reworked in favour of an alternative approach.
Keywords: stormwater management, division of responsibilities, European Convention on Human Rights, The Norwegian Constitution, injunction, environmental law, proportionality, the polluter pays principle | | Del av verk: | Vann, juss og samfunn |
|
|