SWEDEN Law and Practice Contributed by: Tove Andersson, Anders Linnerborg, Sara Eriksson and Ellen Lewin, Setterwalls Advokatbyrå AB
with the principles set out in the Aarhus Convention. A permit can also be appealed by authorities that are affected by the permitted activities in accordance with the above, as well as by authorities that have been given specific right to appeal by law. The right to appeal permit decisions is not affected by whether the person expressed an opinion in the decision-making process or argued the case in the first instance. Government Inquiry The Swedish government has recently presented an official inquiry into how to make the environmental permitting process shorter and more efficient. The report, SOU 2024:98, was presented in January 2025. The review aims to secure competitiveness, increase the willingness to invest and promote an effective industrial climate transition in support of Sweden’s cli- mate and environmental goals. The report now awaits further consideration in the legislative process. The proposed provisions regarding a new permitting and review process are due to enter into force on 1 January 2028. 4.3 Regulators’ Approach to Policy and Enforcement Legislation, self-control, supervision and guidance from the relevant authorities are the key tools used to enforce environmental policy and to achieve its pur- pose in Sweden. 4.4 Transferring Permits/Approvals Environmental permits/approvals can be transferred to another person or legal entity. If an activity which is subject to a permit or notification requirement is conducted by a new person or entity, the new operator ( verksamhetsutövare ) must inform the supervisory authority of the changed circumstanc- es as soon as possible according to Section 32 of the Ordinance (1998:899) on Environmentally Hazard- ous Activities and Health Protection ( förordningen om miljöfarlig verksamhet och hälsoskydd ). Only permits can be transferred. Supervisory deci- sions are issued and directed to specific operators and do not apply to new operators. Such decisions can therefore not be transferred. Instead, the super-
visory authority can issue a new decision to a new operator upon receival of notification of transfer of the operation in accordance with the above. The new decision may be identical with the previous decision or include new precautionary measures. 4.5 Consequences of Breaching Permits/ Approvals Violations of environmental permits or approvals can lead to supervisory review and supervisory injunctions and prohibitions which can limit the operator’s abil- ity to carry out the permitted or approved activities. However, injunctions and prohibitions must always be proportionate and may not limit a permit that has legal force ( rättskraft ). In serious cases, issued permits can be revoked entirely (see 4.1 Investigative and Access Powers ). Violations may also lead to environmental sanction fees, penalties/criminal liability, and/or obligation to pay damages. Persons or entities responsible for environmental incidents or damage can be liable to perform inves- tigations and to carry out remediation and restora- tion measures. They can suffer administrative conse- quences such as revocation of permits, prohibitions and environmental sanction fees. Certain breaches could lead to criminal penalties or an obligation to pay damages. Environmental damages which, through contamina- tion of a land or water area, groundwater, a building or a facility, can cause damage or inconvenience to human health or the environment are covered by Chapter 10 of the Environmental Code. Past and pre- vious operators and property owners have specific responsibilities for such damages. The person or enti- ty responsible for this sort of environmental damage can argue that the responsibility should be limited or waived for some reason – eg, with regard to subjective and/or objective circumstances or that the responsi- bility should be adjusted ( jämkning ). Recourse claims 5. Environmental Liability 5.1 Key Types of Liability
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