Diversity of interests
The Fosen-judgement is an important reminder that land encroachment that affect Sami interests must be considered holistic both when it comes to severity and time. A number of different legal factors affect the management of the Norwegian outfields and the energy resources in the green shift, and it seems timely to discuss the need for new measures to ensure a holistic approach.
Area management in "consideration zones"
Different means of action could be developed to support a more holistic or integrated management of the energy resources. Examples are to develop the use of “omsynssone” a tool to make authorities, building contractors etc. aware of certain characteristics of the area, and that the administration seeks to organize its work in ways that give better opportunities to see area measures in a holistic manner. To support the holistic approach, one could argue that a clearer legal basis for the use of countermeasures (“motsegn”) could be useful.
Energy resources management, municipal governance, Sami interests and other considerations
A useful manner or direction to develop this measure could be to accept the use of countermeasures solely based on the identification of abundant energy resources in a specific area. However, it is essential to acknowledge that such a development would typically contradict to consideration of the municipal self-government. Such measures could be especially useful in areas where the need for energy is great, the energy resources are good, and there are Sami interests or other interests that only tolerate a certain level of land encroachment. For such situations it could be particularly useful to develop the material basis for countermeasures to avoid future conflicts.