FINLAND Law and Practice Contributed by: Tarja Pirinen, Fiiu Linninen, Teija Lius and Marko Koski, HPP Attorneys Ltd
2.3 Impact of Community Relations on Mining Projects As a requirement for granting a mining permit, the relationship of the mining area and any aux - iliary area to other usage of land needs to have been clarified. Mining activity shall be based on a local detailed plan or a legally binding local master plan in accordance with the Land Use and Building Act. The municipalities have a monopoly on land use planning with the above- mentioned plans. In addition, municipalities can impact the mining activities within the municipality, since an explo - ration permit cannot be granted over an area in terms of which the local authority opposes the granting of a permit, for a reason concerning planning or other good cause related to land use, unless there is a specific reason for grant - ing the permit. The permit authority will request statements on an exploration or a mining permit applica - tion from the relevant municipalities, which also have the right to appeal a decision concerning the granting of such a permit. 2.4 Prior and Informed Consultation on Mining Projects The permit authority will request statements on an exploration or a mining permit application from the municipalities, the ELY Centre and the responsible authorities or institutions within the area affected by the activities that are the object of the permit. In addition, the parties concerned are given an opportunity to lodge complaints concerning the permit, and parties other than those involved will also be afforded the oppor - tunity to express their opinions. Any effects caused by the proposed activity on the rights of the Sami as an indigenous people,
to the Skolts or to reindeer herding must also be established and evaluated in co-operation with the respective representative entities and the applicant. The permit authority shall publish the application on its noticeboard and, when the matter is of major significance, in at least one newspaper in general circulation in the affected area. In addition, the parties and the munici - palities involved shall be informed separately. A decision concerning an exploration or a mining permit or redemption permit for a mining area shall be issued after the public notice. 2.5 Impact of Specially Protected Communities on Mining Projects The Sami Homeland and Skolt area are subject to specific protection. An exploration or a mining permit must not be granted if activities under the permit would, in the Sami Homeland, alone or together with other corresponding permits and other forms of land use, substantially undermine the preconditions for engaging in traditional Sami sources of liveli - hood or otherwise to maintain and develop the Sami culture or in the Skolt area would substan - tially impair the living conditions of Skolts and the possibilities for pursuing a livelihood in the Skolt area. Further, an exploration or a mining permit must not be granted in a special reindeer herding area if activities under the permit would cause considerable harm to reindeer herding. However, a permit may be granted regardless of an impediment referred to above if it is pos - sible to remove that impediment through permit regulations. In the Sámi Homeland, the permit authority shall – based on the report submitted by the applicant in its permit application and in co-operation with the permit applicant, Sámi Parliament, Skolt vil - lage meeting, local reindeer herding co-opera -
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