Governor must collect rescue costs on bought insurance

Justice and Preparedness Minister Astri Aas-Hansen set out that Svalbard's tourist insurance rule has imposed strict liability for rescue costs since 1991. Since 1998 the Governor of Svalbard (Sysselmesteren) has been able to grant exemptions in single cases or generally, the Storting said on Monday 9 November. Her written answer said an exemption does not let the Governor waive a claim on insurance that is already required and bought.

The question came from Abid Raja of Venstre (the Liberal Party) on Tuesday 3 November. He asked whether the rules oblige the Governor to demand reimbursement in every case or leave room for discretion, and what such a practice could mean for preparedness, safety and responsible tourism.

In her answer, Aas-Hansen said tourism was actively opened up only in the early 1990s. A royal resolution of 18 October 1991 introduced separate tourist regulations. They required tour organisers to hold sufficient insurance, or an equivalent guarantee, for expenses of any kind falling on public authorities or others from search, rescue or sick transport linked to their activity.

The cover had to apply whether or not the organiser, its staff or participants had been negligent.

In 1998 two paragraphs were added. Individual travellers must have equivalent cover on trips subject to the notification duty under section 8, and the Governor may grant exemptions from the section in single cases or generally. Since 1998, tourist businesses and visitors have therefore had a duty to insure.

The current field safety regulations, adopted by royal resolution on Friday 6 June 2025, replace the tourist regulations. They continue the insurance duty with adjustments for research and education and for how the sum is set. Only permanent residents are now exempt.

The new regulations also let the Governor grant exemptions. The minister said an exemption means no reimbursement is collected, since the demand and the duty to insure are closely linked.

But the power does not cover waiving a claim under insurance that is otherwise required and already bought. Reimbursement is therefore to be collected from everyone under the duty, and the claim ends up with the insurer.

Aas-Hansen said she knew the Governor's collection of reimbursement may have varied over time, referring to a letter from the Governor to Visit Svalbard in July. In it the Governor reads section 16 as requiring collection once the conditions are met. The Governor finds support in the fifth paragraph, which sets a deadline of six weeks after the mission ends, and in the preparatory works. The minister said the ministry reads the provision the same way.

Earlier: Raja asks if Governor must always seek rescue costs (3 November 2026)

Coverage: Stortinget