SWEDEN Law and Practice Contributed by: Tove Andersson, Anders Linnerborg, Sara Eriksson and Ellen Lewin, Setterwalls Advokatbyrå AB
various authorities with different areas of expertise are normally heard.
police or the public prosecutor’s office if there is rea- son to assume that a crime has been committed. Permitting Authorities Permitting authorities do not have hands-on inves- tigative powers in the same sense as supervisory authorities but can reconsider and amend or revoke permits (eg, if a permit has not been followed). Permit reconsiderations cannot lead to amendments that are so intrusive that the permitted operations cannot be carried out, or their performance is made significantly more difficult. Revocation of a permit can be partial or full. Any decision to amend or revoke a permit must always be proportionate. Since reconsideration of a permit is less intrusive for the operator than revoca- tion, reconsideration should first be assessed. Regulatory bodies can introduce new rules to address identified problems but cannot target specific activi- ties and/or incidents. 4.2 Environmental Permits/Approvals Permit Requirements There are different types of permits and approvals for different types of activities, but the main permit type is an environmental permit required for an operation or other activity classified as environmentally hazardous ( miljöfarliga verksamheter ). The permit requirements are regulated in the Environmental Assessment Ordi- nance (2013:251) ( miljöprövningsförordningen ) and the Ordinance on Environmentally Hazardous Activi- ties (1998:899) ( förordningen om miljöfarlig verksam- het och hälsoskydd ). In addition, permit requirements for water activities are regulated in the Swedish Envi- ronmental Code (1998:808) ( Miljöbalken ). Permits are obtained through an application process that includes consultations with the public and an environmental impact assessment (EIA). Appealing a Permit A permit can be appealed by the natural or legal person whom the judgment or decision concerns, if the decision goes against them. This includes both the person to whom the decision is addressed and people in the surrounding area that are affected by the decision. Environmental organisations and other organisations have the right to appeal permit deci- sions in accordance with the above and in accordance
3. Environmental Protections 3.1 Protection of Environmental Assets There are laws and rules that specifically aim to pro- tect various environmental assets – eg, the area and species protection rules. There are also environmental quality standards ( miljökvalitetsnormer ) that regulate the quality of land, water, air and the environment. Further, activities that can impact or alter the environ- ment have to undergo permit, notification or consul- tation procedures and may require special approvals and/or exemptions before initiation. Through such procedures, their impact on the environment can be reviewed and regulated on a case-by-case basis. 3.2 Breaching Protections Violations of law may result in administrative legal consequences such as revocation of permits, environ- mental sanction fees ( miljösanktionsavgifter ), injunc- tions or prohibitions ( förelägganden och förbud ). Cer- tain breaches could lead to criminal penalties or an obligation to pay damages. 4. Environmental Incidents and Permits 4.1 Investigative and Access Powers Supervisory Authorities Supervisory authorities have broad authority to investigate and address environmental incidents and breaches of laws or permits. However, the supervi- sion must aim to ensure the purpose of the applicable rules, and any measures taken must always be pro- portionate. Supervisory powers include: • conducting inspections; • accessing sites; • collecting samples; • reviewing records; and • issuing orders to cease harmful activities or take corrective actions. It should be noted that the supervisory authority is obliged to report violations of law immediately to the
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