SWEDEN Law and Practice Contributed by: Peter Dyer, Alexandra Thörnroos and Jonna Sjöström, Wåhlin Advokater AB
set forth in the Minerals Act. The transfer of an envi - ronmental permit is also possible, provided that the new holder is taking over the permitted operation. The Mining Inspectorate has the power to revoke any exploration permit or mining permit if the holder fails to fulfil their obligations under the Minerals Act or the terms specified in the exploration permit or mining permit, or if there are other exceptional reasons. In the latter case, the permit holder is entitled to compensa - tion from the State for the loss suffered. The terms of a mining permit can be changed by the Mining Inspectorate if an operation under the per - mit leads to considerable negative effects that were not anticipated when the permit was granted. The Environmental Code also provides the possibility to change the conditions of an environmental permit or to revoke the environmental permit, in whole or in part. Valid reasons for this would be either consider - able breach of the terms of the permit or unforeseen consequences of a severe nature. A change process can be initiated by several governmental authorities. 2. Impact of Environmental Protection and Community Relations on Mining Projects 2.1 Environmental Protection and Licensing of Mining Projects The development of a mining project in Sweden is always subject to approval by a regional Land and Environment Court, which rules according to the main environmental law in Sweden: the Environmen - tal Code. The same rules in the Code apply to mines as to any other operation that has an impact on the environment. In respect of a mining operation, the Land and Environment Court will examine the health and environmental effects of a mine and the protective measures to be put in place if the permit is granted. The court will also decide on the conditions for noise levels, damming, dumping, limiting emissions and so on. An EIA must always be submitted in the applica - tion process. The first step in acquiring an environmental permit for mining is the consultation process. This takes place
between the applicant and those parties that may be environmentally affected by the mining operations, as well as public and private agencies and organisa - tions concerned with environmental issues, such as the Environmental Protection Agency ( Naturvårdsver- ket ). The purpose is to allow all concerned parties to be heard and have their interests considered when preparing the EIA. When the consultation and the EIA have been com - pleted, the applicant may proceed and submit to the Land and Environmental Court, which will assess whether the information presented in the consultation and the EIA is sufficiently detailed to proceed with a ruling or if further particulars are required. As the case proceeds, other affected parties are allowed to file additional information relating to the application. The complete information will then be sent to all parties for review and comments. The applicant will have the opportunity to address any comments made during the consultation process. The complete process for obtaining a permit under the Environmental Code usu - ally takes three to five years, depending on the size of the operation and where it is to be carried out. If exploration work could have a significant impact on the environment, this will also necessitate certain investigations of the environmental aspects accord - ing to the Environmental Code. The Mining Inspec - torate also hears applications for both exploration permits and mining permits in consultation with the County Administrative Board, which conducts its own examination of whether the site is acceptable from an environmental point of view and not just under the Minerals Act. Overall, the County Administrative Board plays an important role in the examination of mining opera - tions. Apart from acting as a referral body, it issues special permits for some exploration work, such as for driving off-road. The Environmental Permit Office of the County Administrative Board decides on test mining permits. The County Administrative Board and the local municipality’s Environment Health Board are supervisory authorities regarding permit holders’ com - pliance with the environmental conditions.
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