SWEDEN Law and Practice Contributed by: Peter Dyer, Alexandra Thörnroos and Jonna Sjöström, Wåhlin Advokater AB
2.2 Impact of Environmentally Protected Areas on Mining Natura 2000 Natura 2000 is a network of core breeding and resting sites for rare and threatened species, and some rare natural habitat types that are protected in their own right. It stretches across all 27 EU countries, both on land and at sea. The aim of the network is to ensure the long-term survival of Europe’s most valuable and threatened species and habitats, listed under both the Birds Directive (2009/147/EC) and the Habitats Direc - tive (Council Directive 92/43/EEC). Under the Envi - ronmental Code, if an intended operation is located near or within a Natura 2000 area, the applicant must demonstrate that the activity will not affect the envi - ronment in a significant way. The Land and Environ - mental Court tends to take a strict view on matters affecting Natura 2000 areas. Environmental and other considerations also dictate that mining operations are normally not permitted in locations that are: • part of local or regional plans under the Planning and Building Act; • within 200 metres of inhabited buildings; • within 200 metres of public buildings, hotels, churches and comparable establishments; • in certain parts of the Swedish mountains; • within areas of military interest; • sites of electric power stations and industrial plants; or • in churchyards and burial grounds. No exploration is allowed in national parks or in any area that has been reserved for a national park accord - ing to a governmental request. Since a legislative amendment came into force on 1 July 2024, it is no longer a requirement to have a Natu - ra 2000 permit in order for an exploitation concession to be granted; the matter of a Natura 2000 permit is instead examined within the framework of the envi- ronmental permitting process. This change has been made to streamline the concession process while ensuring that the EU law requirements for a complete, accurate and final assessment of the impact on habi - tats or species in a Natura 2000 area are met.
2.3 Impact of Community Relations on Mining Projects During the application for an environmental permit, there are opportunities for all affected parties (ie, members of the public, organisations, local councils and authorities) to put forward opinions regarding the application. There is also a right to appeal. Following publication of the terms of an environmental permit, there is also an opportunity for other affected parties to suggest further conditions. Such conditions are typically aimed at limiting the environmental impact and disruption to the public and residents in the area, in the form of noise, dust and vibrations. 2.4 Prior and Informed Consultation on Mining Projects Prior and informed consultation is a mandatory part of the process to obtain an environmental permit. The consultation must be carried out by the applicant in order for the application to proceed. All affected par - ties shall have the opportunity to express their opin - ions on a mining application. In the case of exploration permits, consultation according to the Environmental Code is normally not required, unless the application concerns unexploited mountainous areas or unless the intended exploration may substantially affect the natural environment (eg, by way of new roads, logging or extensive drilling). However, the Minerals Act still requires an applica - tion for an exploration permit to be notified to all real estate owners concerned and other known affected parties, as well as the County Administrative Board and the local municipality. If the intended exploration area is used for reindeer husbandry, notification is also required to the indigenous Sami people, who have a right to object. Because of the concentration of mining operations in the northern parts of Sweden, the impact on the indig - enous Sami people is of particular importance, espe - cially with regard to the reindeer industry. The reindeer industry operates over large areas and is therefore affected by several different operations that occupy large land areas, including mines, forestry, wind power and tourism. The Sami are one of the world’s indig - 2.5 Impact of Specially Protected Communities on Mining Projects
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