Er norske regler om eierskapsbegrensning i strid med EØS-reglene?

Kommuneplaner og akvakulturområder

21 May 2012

 Mange kommuner er i ferd med å revidere sine kommuneplaner.  I denne forbindelse fastsettes også hvilke sjøområder som skal avsettes til akvakultur. Her er det viktig at kommunene avsetter tilstrekkelig […]

 Mange kommuner er i ferd med å revidere sine kommuneplaner.  I denne forbindelse fastsettes også hvilke sjøområder som skal avsettes til akvakultur. Her er det viktig at kommunene avsetter tilstrekkelig store områder, slik at hele anlegget omfattes av akvakultursonen. Både oppdrettere og kommunene må bidra til at det planlegges realistisk.

 I forskriften om klarering av oppdrettslokaliteter heter det at oppdrettsanlegg ikke må være ”…i strid med vedtatte arealplaner etter plan- og bygningsloven”. Dette betyr ikke nødvendigvis at aktuelle sjøområder må være avsatt til akvakultur i arealplanene for at oppdrett skal kunne tillates. Mange kommuner har ikke kystsoneplaner som definerer sjøområdene, og her vil ikke oppdrett være i strid med arealplanene. I andre tilfeller vil områdene for eksempel kunne være avsatt til allmenn flerbruk i sjø eller andre formål som ikke utelukker oppdrett. Men der oppdrett vil komme i strid med den bruk områdene er avsatt til vil dette kunne utelukke oppdrett.

 Det er derfor viktig å ha i mente at et flytende oppdrettsanlegg med fortøyningstrosser og tilhørende infrastruktur kan legge beslag på temmelig store areal. For å sikre arealbrukskonflikter er det derfor viktig at områdene avsatt til akvakultur blir tilstrekkelig store. Og at arealformål som innebærer uforenelig naboskap ikke legger kloss opp i hverandre. Dette vil gjøre klarering av oppdrettslokaliteter lettere for både myndigheter og næring. Og kommuner som legger godt til rette, vil kunne gi seg selv konkurransefortrinn i forhold arbeidsplasser og næringsetableringer.

Om forfatteren

Lars Selmar Alsaker
Lars Selmar Alsaker Lars S. Alsaker har i mer enn 15 år jobbet med forvaltningsrett, herunder fiskerijuss. Erfaringen omfatter saker knyttet til oppdrettskonsesjoner, lokalitetsklareringer og håndtering av sanksjoner. Alsaker underviser i forvaltningsrett på Norges Handelshøyskole.

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