FINLAND Law and Practice Contributed by: Kari Marttinen, Laura Leino, Outi Iso-Markku and Aino Lahti-Nuuttila, Erottaja Attorneys Ltd
(or the threat thereof) or, if pollution has already occurred, reduce it to a minimum; and • “polluter pays” principle ‒ the party responsible for the activity producing pollution, shall be respon- sible for the costs resulting from preventing and minimising environmental damage and restoring the environment.
ity will have the national competence on permitting, guidance and supervision of environmental issues. In addition, new regional Economic Development Centres ( elinvoimakeskukset ) will be established and entrusted with specific responsibilities, such as those related to water management and fisheries. The municipalities’ role is central in relation to land use planning, as they have wide discretional power to decide whether to approve or reject a plan. Municipali- ties also function as permit authorities for construction permits and other permits granted under the Building Act. 2.2 Co-Operation The requirement for co-operation among various authorities is mandated by legislation and is evident in scenarios such as communication between different permit authorities during simultaneous permit proce- dures. Additionally, it involves consulting the relevant supervisory authority during the permit procedure to ensure clarity and thoroughness in the matter. New legislation enforcing a “single-window approach” will enter into force on 1 January 2026. It aims to ensure that a single environmental authority with national competence will be responsible for the pro- gress and co-ordination of permitting and other pro- cedures resulting in a single decision and a single appeal option. For further details of the single-window approach, please see the Finland Trends and Devel- opments chapter of this guide. 3. Environmental Protections 3.1 Protection of Environmental Assets Environmental assets such as air, water and soil are protected by the Environmental Protection Act, which governs emissions caused by industrial operations and aims to prevent the pollution of the environment (and any risk of that), prevent and reduce emissions, eliminate adverse impacts caused by pollution, and prevent environmental damage. In addition, other environmental assets such as flora, fauna, natural habitats, landscapes and the aquatic environment are mainly protected by the Nature Con-
2. Enforcement Authorities and Mechanisms 2.1 Regulatory Authorities
The main general authority that controls environmental policy, drafts environmental legislation and guides oth- er authorities’ work relating to environmental issues is the Ministry of the Environment ( ympäristöministeriö ). The competent permitting authorities for environmen- tal permits are the Regional State Administrative Agen- cies ( aluehallintovirasto ) and the municipalities. The Regional State Administrative Agencies are in charge of issuing environmental permits for activities with major environmental impacts, as well as all permits under the Water Act. Other environmental permits are dealt with by the municipal environmental protection authorities ( kunnan ympäristönsuojeluviranomainen ). The competent supervisory authorities are the region- al Centres for Economic Development, Transport and the Environment, the ELY Centres ( elinkeino-, liikenne- ja ympäristökeskus , or ELY-keskus ), and the municipal- ities. The ELY Centres also act as contact authorities in environmental impact assessments (EIAs) carried out in accordance with the Act on Environmental Impact Assessment Procedures (No 252/2017) ( laki ympäristövaikutusten arviointimenettelystä ), and issue reasoned conclusions on the significant environmental impacts of the projects as part of the assessment. As of 1 January 2026, a new national environmental authority, Permitting and Supervisory Agency ( lupa- ja valvontavirasto ), will be established in conjunction with the enforcement of the single-window approach leg- islation. The new authority will combine the Regional State Administrative Agencies and the appropriate tasks of the ELY Centres’ responsibilities related to environment and natural resources. The new author-
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