FINLAND Law and Practice Contributed by: Tarja Pirinen, Fiiu Linninen, Teija Lius and Marko Koski, HPP Attorneys Ltd
1.5 Nature of Mineral Rights Mineral rights are transferrable permits granted by state authorities based on the Mining Act for exploration or utilisation of mining minerals which have a property value and can be pledged as a security. Prospecting Work Based on the Mining Act, everyone has a right to conduct geological measurements and make observations and to take minor samples in order to find mining minerals, even on another’s land, provided that the activities do not cause damage or more than minor inconvenience or disturbance (prospecting work). The right to carry out pros - pecting work can be compared to a so-called everyman’s right – ie, the general public’s right which allows the freedom to roam the country - side. Sampling is considered to be allowed as prospecting work if it is carried out – eg, with a hand-held hammer, shovel or hand-held drill, provided that the sampling does not cause dam - age or more than minor inconvenience or distur - bance, and the sampling site is restored. However, prospecting work may not be carried out on certain restricted areas such as a public cemetery, traffic routes or passages in public use, area used by the defence forces or con - trolled by Border Guard, as well as areas within 150 metres of buildings intended for residential or work use or comparable space and within 50 metres of a public building or utility, a power line with voltage of over 35,000 volts or a transformer station. In addition, other areas corresponding to the above list that are designated for special use
given permission for exploration. The exploration permit is also required if the activity poses any risk to people’s health, general safety or other industrial and commercial activity, as well as any deterioration of values concerning the landscape or nature conservation. Exploration targeted at uranium or thorium always requires an explora - tion permit. An exploration permit allows the holder to explore the permitted area and the structures and composition of geological formations, and to conduct other exploration in order to prepare for mining activity and other ore-prospecting in order to locate a deposit and investigate its qual - ity, extent and degree of exploitation. It does not authorise exploitation of the deposit and, subject to the activities allowed based on the exploration permit, does not limit the property-owner’s right to use the area or to dispose of it. The exploration permit-holder shall limit explo - ration and other use of the exploration area to measures necessary for the purposes of explo - ration activity which shall be planned so as not to cause an infringement of public or private interests that is avoidable by reasonable means. Exploration pursuant to an exploration permit, and other use of the exploration area, may not cause harm to people’s health or a danger to public safety; essential damage to other indus - trial and commercial activity; significant changes in natural conditions; essential damage to rare or valuable natural occurrences; or significant damage to the landscape. Mining Permit Establishment of a mine and the undertaking of mining activity requires a mining permit. A mining permit entitles the holder to exploit the mining minerals found in the mining area: the organic and inorganic surface materials, excess rock,
are restricted areas. Exploration Permit
An exploration permit is needed if the exploration causes damage or more than minor inconven - ience or disturbance, and the landowner has not
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