SWEDEN Law and Practice Contributed by: Peter Dyer and Alexandra Thörnroos, Wåhlin Advokater AB
1. Mining Law: General Framework 1.1 Main Features of the Mining Industry Sweden is the leading mining nation in the EU and accounts for over 90% of the European con - tinent’s iron ore, as well as considerable propor - tions of its lead, zinc, silver, gold and copper. The mining industry is of substantial importance to the country’s growth and economy. Since the early 20th century, the mines of Västerbotten and Norrbotten in the north of Sweden, and particularly the iron ore mines in Kiruna and Malmberget, have dominated the Swedish min - ing and metals industry. The Kiruna mine is the largest underground iron ore mine in the world, while Boliden’s Aitik mine, outside Gällivare, is Europe’s largest copper mine, and is also Swe - den’s largest gold producer. Apart from the traditional mining areas in north - ern Sweden, the past few years have seen an increased interest in exploring minerals such as vanadium, lithium and cobalt in several differ - ent parts of the country. All of these minerals are part of the EU’s list of critical raw materi - als that are needed for batteries, wind turbines and solar panels in the effort to reduce fossil fuel emissions. With some exceptions, these minerals are not mined in Sweden today. How - ever, efforts are underway to improve condi - tions for the exploration and development of mines through substantial amendments of the current legislation, including a simplified permit process and strengthening of the national inter - est to extract innovation-critical minerals when weighed against other interests under the envi - ronmental laws. The industry consists of a large mining cluster made up of large and small companies, many of which act as subcontractors to the direct min - ing industry. Sweden’s long history of mining
and the size of the industry have led to Sweden also being a leader in mining equipment manu - facturing, with Swedish engineering companies accounting for a large share of global under - ground equipment sales. 1.2 Legal System and Sources of Mining Law Sweden’s legal system is based on civil law. All laws governing the mining industry are national and apply throughout the country, but decisions under the laws are taken by authorities on state, regional and local levels. Any EU legislation relat - ing to the mining industry is also applicable. The principal law regulating the mining industry is the Minerals Act (1991:45), which governs the entire procedure for obtaining exploration per - mits as well as mining (exploitation) permits. Its provisions include the conditions for land desig - nation, termination, transfer and fees regarding permits. The Environmental Code (1998:808) is equally important. The start of any mining operations will require an environmental permit following an environmental impact assessment (EIA). This means that all permits for mining (as opposed to exploration) must be obtained both under the Minerals Act and under the Environmental Code. On 23 May 2024, the EU regulation on critical raw materials came into force as Swedish law. The purpose of the regulation is to reduce the EU’s dependency on imports of the metals and minerals required for essential societal func - tions and the green transition. It also aims to streamline the permitting processes for both exploration and the opening of mines, and to increase the recycling of raw materials. However, the regulation will not result in any changes to existing environmental requirements, the consul -
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