Mining 2026

FINLAND Law and Practice Contributed by: Tarja Pirinen, Marius af Schultén, Fiiu Linninen and Konsta Peussa, Castrén & Snellman

reserves, and describe the impacts of mining opera - tions. Municipal Involvement Recent reforms strengthen municipal planning require - ments, ensuring local authorities have meaningful input into whether and how mining projects proceed in their jurisdictions. A mining permit cannot be granted unless the area is designated for mining purposes in a legally binding municipal land-use plan. This require - ment ensures that mining activities are integrated into local spatial planning and that municipalities exercise control over land use in their territories. 2.4 Prior and Informed Consultation on Mining Projects Sámi Homeland Consultation In the Sámi homeland area, Tukes must conduct a co-operation procedure involving the applicant, Sámi Parliament, Skolt village assembly and reindeer herd - ing co-operatives. This procedure assesses impacts on Sámi language, culture and traditional livelihoods, and seeks agreement on mitigation measures. (For more information on indigenous rights, please see 2.5 Impact of Specially Protected Communities on Min- ing Projects .) Process and Documentation Applicants must provide impact documentation at the outset; stakeholders can comment before co-opera - tion formally begins; and Tukes ensures adequacy of the process and may organise hearings. Tukes runs the co-operation procedure, though the investor pro - vides necessary information and participates actively. Landowner Consultation Exploration permit applicants must negotiate with landowners before commencing activities that go beyond the statutory right of access. For mining per - mits, landowners whose property rights are affected have a statutory right to be heard during the permitting process. Tukes must consider landowner objections when deciding whether to grant permits and what conditions to impose. Consultation Under Environmental Legislation Where Sámi rights are engaged under the Mining Act consultation procedures, corresponding consultation

requirements also apply under the Environmental Pro - tection Act for environmental permits. This ensures that indigenous rights considerations are integrated across all relevant permitting processes – not only mining permits but also environmental authorisa - tions required for the same project. An EIA procedure (please see 2.1 Environmental Protection and Licens- ing of Mining Projects ) also applies with respect to mining projects. The Sámi are recognised as an indigenous group in the Finnish Constitution. Their indigenous homeland area is located in the northern part of Lapland. The Sámi have linguistic and cultural autonomy in the Sámi homeland. Additionally, the Skolt Sámi (a group within the Sámi people) also have special rights to maintain and promote their living conditions, liveli - hoods, and culture. 2.5 Impact of Specially Protected Communities on Mining Projects Sámi and Skolt Peoples Mining activities on the Sámi homeland must be co- ordinated to safeguard the Sámi’s rights as an indig - enous people to maintain and develop their language, culture and traditional livelihoods. No permit may be granted if the activity, alone or cumulatively with other activities, would substantially weaken conditions for Sámi traditional livelihoods or maintaining and devel - oping Sámi culture in the Sámi homeland. Similarly, permits cannot be granted if they would substantially impair Skolt living conditions or livelihoods in the Skolt area, unless permit conditions can adequately miti - gate these impacts. Reindeer Herding Communities In special reindeer herding areas (in Northern Finland), permits cannot be granted if they would cause sig - nificant harm to reindeer herding, unless mitigated by permit conditions. Where mining is proposed on state- owned land in reindeer herding areas, the authority must assess impacts on reindeer herding operations. This protection ensures that traditional livelihoods dependent on state land resources receive appropri - ate consideration in the permitting process.

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