FINLAND Law and Practice Contributed by: Tarja Pirinen, Fiiu Linninen, Teija Lius and Marko Koski, HPP Attorneys Ltd
and tailings generated as a by-product of min - ing activities (by-product of mining activity); and other materials belonging to the bedrock and soil of the mining area, insofar as the use thereof is necessary for the purposes of mining opera - tions in the mining area. Moreover, the mining permit entitles its holder to perform exploration within the mining area within the limits set out for exploration under the Mining Act, and pos - sibly more detailed conditions specified in the mining permit. A mining permit alone does not automatically provide the permit-holder a right to use the min - ing area or auxiliary area (surface rights). If the applicant for the mining permit does not own the land in respect of which the mining permit is applied or has not secured the right to use the area otherwise contractually, the right to use an area in the possession of another party as a min - ing area requires a permit from the government (redemption permit for a mining area). A redemp - tion permit for a mining area may be granted if the mining project is based on public need and the mining area meets the requirements laid down in the Mining Act. The requirement of public need shall be assessed particularly on the basis of the impact of the mining project on the local and regional economy and employment, and the social need for raw material supply. In addition to the redemption permit for a mining area, unless otherwise provided by law, a limited right of use and other rights may be granted in the mining permit to an auxiliary area to a mine that is not owned by the mining permit-holder, provided that the auxiliary area is an area that is indispensable as regards mining activity, is located in the vicinity of the mining area and is necessary for the purposes of road access, transport equipment, power lines or water pipes, sewers, treatment of waters, or a transport route
to be excavated to a sufficient distance from the surface. Such a right can be granted only as far as the placement of functions planned for the area cannot be otherwise arranged in a satisfac -
tory manner, and at moderate cost. 1.6 Granting of Mineral Rights
The Finnish Safety and Chemicals Agency ( Tukes ) is the national mining authority that grants explo - ration and mining permits under the Mining Act and supervises and enforces compliance with the Mining Act. However, mining permit matters relating to production of uranium or thorium under the Mining Act and Nuclear Energy Act (No 990/1987, ydinenergialaki ) and a redemption permit for a mining area are handled and granted by the government. Within certain limits, explo - ration can also be carried out on a contractual basis with the landowner’s permission (see 1.5 Nature of Mineral Rights ). However, operators carrying out exploration based on a landowner’s permission are obliged to notify the Tukes in writ- ing of any exploration works prior to the com - mencement of the works. 1.7 Mining: Security of Tenure An exploration permit shall remain valid for a maximum of four years after the decision has become legally valid, with the possibility of extending its validity for a maximum of three years at a time. In total, the permit may remain valid for a maximum of 15 years. The prerequi - sites for extending the validity of the permit are that exploration has been effective and system - atic and further research is necessary in order to establish the possibilities for exploiting the deposit. Further, it is required that the permit- holder has complied with the obligations laid down in the Mining Act, as well as the permit regulations, and that the extension to the valid - ity will not cause an undue burden to public or private interests. When applying for an extension
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