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Final Solution in the Fosen Case – Agreement Signed for Both Wind Farms

After lengthy mediation, an agreement was signed on Wednesday, March 6, 2024 between Nord-Fosen siida and Roan Vind DA regarding the wind power plant at Roan. Before Christmas, an agreement was signed between Fosen Vind DA and Sør-Fosen sijte regarding the wind power plant at Storheia. Hjort has assisted Fosen Vind DA and Roan Vind DA in the mediation process.

The purpose of the agreements is to safeguard the reindeer owners’ future operations, repair the human rights violation pointed out by the Supreme Court in the Fosen ruling, and provide a basis for future cultural practice in a generational perspective.

The agreement signed on March 6 between Nord-Fosen siida and Roan Vind marks the end of a demanding period for the affected reindeer herders, but also for the companies that have been involved.

“It’s good to know that the dispute regarding both wind farms on Fosen has now been resolved, and that it was possible to find a solution that the parties could agree on,” says Hjort partner Kristin Bjella, who together with lawyer Sjur Obrestad Gabrielsen has been Roan Vind’s and Fosen Vind’s lawyers in the case since the Supreme Court issued its ruling.

Briefly about the agreement on Nord-Fosen

The agreement provides for Nord-Fosen siida to be able to use an additional area for winter grazing outside Fosen reindeer grazing district. This is similar to the measure agreed in the agreement on Sør-Fosen. The investigation initiated by the Ministry of Energy to find an area outside the Fosen reindeer grazing district because of the agreement on the Sør-Fosen siida is now being extended to include the Nord-Fosen siida.

It has been agreed that Roan Vind can continue the production of renewable energy at Roan as it is today. The company will also pay NOK 7 million annually as compensation to Nord-Fosen siida throughout the license period. Furthermore, it has been accepted that when the license period expires, Nord-Fosen siida must give consent if a new license application for wind farms is to be submitted for this license area.

With this agreement, the affected reindeer herding confirms that the human rights violation found by the Supreme Court has been repaired. The license for the wind farms at Fosen no longer entails a violation of Article 27 of the UN Convention on Civil and Political Rights. Based on this agreement, the Ministry of Energy has also confirmed that the Ministry does not find grounds for initiating a process to assess the reversal of the licensing decision for the two wind farms Roan and Storheia.