SWEDEN Law and Practice Contributed by: Peter Dyer, Alexandra Thörnroos and Jonna Sjöström, Wåhlin Advokater AB
1. Mining Law: General Framework 1.1 Main Features of the Mining Industry Sweden is the leading mining nation in the EU and accounts for over 90% of the European continent’s iron ore, as well as considerable proportions of its lead, zinc, silver, gold and copper. The mining industry is of substantial importance to the country’s growth and economy. Since the early 20th century, the mines of Västerbotten and Norrbotten in the north of Swe - den, and particularly the iron ore mines in Kiruna and Malmberget, have dominated the Swedish mining and metals industry. The Kiruna mine is the largest under - ground iron ore mine in the world, while Boliden’s Aitik mine, outside Gällivare, is Europe’s largest copper mine, and is also Sweden’s largest gold producer. Apart from the traditional mining areas in northern Sweden, the past few years have seen increased interest in exploring minerals such as vanadium, lithi - um and cobalt in several different parts of the country. All of these minerals are part of the EU’s list of criti - cal raw materials that are needed for batteries, wind turbines and solar panels in the effort to reduce fossil fuel emissions. With some exceptions, these miner - als are not mined in Sweden today. However, efforts are underway to improve conditions for the explora - tion and development of mines through substantial amendments to the current legislation, including a simplified permit process and strengthening of the national interest to extract innovation-critical miner - als when weighed against other interests under the environmental laws. The industry consists of a large mining cluster made up of large and small companies, many of which act as subcontractors to the direct mining industry. Swe - den’s long history of mining and the size of the indus - try have led to Sweden also being a leader in mining equipment manufacturing, with Swedish engineer - ing companies accounting for a large share of global underground equipment sales. 1.2 Legal System and Sources of Mining Law Sweden’s legal system is based on civil law. All laws governing the mining industry are national and apply throughout the country, but decisions under the laws are taken by authorities on state, regional and local
levels. Any EU legislation relating to the mining indus - try is also applicable. The principal law regulating the mining industry is the Minerals Act (1991:45), which governs the entire pro - cedure for obtaining exploration permits as well as mining (exploitation) permits. Its provisions include the conditions for land designation, termination, transfer and fees regarding permits. The Environmental Code (1998:808) is equally impor - tant. The start of any mining operations will require an environmental permit following an environmental impact assessment (EIA). This means that all per - mits for mining (as opposed to exploration) must be obtained both under the Minerals Act and under the Environmental Code. On 23 May 2024, the EU regulation on critical raw materials came into force as Swedish law. The pur - pose of the regulation is to reduce the EU’s dependen - cy on imports of the metals and minerals required for essential societal functions and the green transition. It also aims to streamline the permitting processes for both exploration and the opening of mines, and to increase the recycling of raw materials. However, the regulation will not result in any changes to existing environmental requirements, the consultation process for the Sami people or the overall responsibilities for exploration and mining companies. Other laws that may come into play include: • the Minerals Ordinance (1992:285), with further details regarding the application process; • the Planning and Building Act (2010:900), govern - ing any structures to be built on land; • the Off-Road Driving Act (1975:1313), regarding use of vehicles outside of regular roads; and • the Heritage Conservation Act (1988:950), con - cerning any archaeological discoveries. 1.3 Ownership of Mineral Resources Mineral resources in Sweden that are listed in the Minerals Act are the property of the nation and are available for commercial use to anyone who is able to obtain a mining permit. There is no difference between surface and subsurface minerals.
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