FINLAND Law and Practice Contributed by: Tarja Pirinen, Marius af Schultén, Fiiu Linninen and Konsta Peussa, Castrén & Snellman
Safety and Chemicals Agency (Tukes) serves as the mining authority. Related Legislation The Mining Act operates alongside numerous relat - ed statutes that apply concurrently through cross- references, including the Nature Conservation Act, Environmental Protection Act, Water Act, Land Use Act, Building Act, Dam Safety Act, Off-Road Traf - fic Act, Radiation and Nuclear Energy Acts, Wilder - ness Act, Ancient Monuments Act, Reindeer Herding Act, Administrative Act, and Electronic Services Act. Additional legislation addresses monitoring of foreign acquisitions (foreign direct investments, acquisition of real estates), real estate acquisition and licensing (sur - face rights), municipality and state pre-emption right related to sale of real estates as well as expropriation for national security purposes. Environmental Assessment and Planning The Environmental Impact Assessment Act requires scoping by a contact authority, public hearings, and a reasoned conclusion that must be annexed to permit decisions. The Land Use Act and Building Act gov - ern the planning hierarchy and building permit pro - cedures. 1.3 Ownership of Mineral Resources Discovery-Based System Finland follows a discovery system rather than vesting mineral ownership in either landowners or the state by default. Under this system, the person who discov - ers minerals gains a priority right to seek permits to explore and extract them, subject to statutory controls and protections. Separation From Land Ownership Mineral rights derive from statute through the permit system and are not automatically tied to land own - ership. These rights are property-like in nature but remain inherently regulatory and conditional. Landowner Compensation Although landowners do not own the minerals, they receive statutory compensation when mining occurs on their land. For exploration, the fee is EUR20 per hectare annually for the first four years, escalating up to EUR50 per hectare in later years of the permit.
For mining, compensation includes a fixed amount of EUR50 per hectare annually and an excavation fee being either 0.15% of the calculated value of the extracted metallic minerals, excavated and exploited during the year, or, as regards mining minerals other than metallic minerals, a reasonable compensation for excavated and exploited mining minerals. 1.4 Role of the State in Mining Law and Regulations Grantor-Regulator Role The state functions primarily as grantor and regulator rather than owner-operator. The Ministry of Economic Affairs and Employment handles mining policy, whilst Tukes supervises the sector and issues most permits under the Mining Act. The State Council (government) decides on mining area expropriation and uranium or thorium mining permits, with uranium and thorium permits processed jointly under nuclear energy leg - islation. National Security Oversight Where it is considered that national security risks could arise, the Ministry Economic Affairs and Employment may assume decision-making competency. The state exercises oversight through regulatory frameworks, planning controls and security mechanisms, including review of foreign acquisitions and real estate transac - tions near sensitive sites (see 5.2 Foreign Investment Restrictions and Approvals in the Exploration and Mining Sectors for further information). No Mandatory Participation There is no mandatory state equity participation, joint venture requirement or contracting obligation in min - ing projects. 1.5 Nature of Mineral Rights Statutory Foundation Mineral rights mainly derive from statute through the permit system rather than from private title or con - tract. Permits are administrative acts issued under statute, not contractual arrangements. Constitutional Context The Mining Act operates within a constitutional frame - work that protects property rights, environmental rights (including the right to a healthy environment and
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