SWEDEN Law and Practice Contributed by: Peter Dyer and Alexandra Thörnroos, Wåhlin Advokater AB
tation process for the Sami people or the overall responsibilities for exploration and mining com - panies. Other laws that may come into play include: • the Minerals Ordinance (1992:285), with fur - ther details regarding the application process; • the Planning and Building Act (2010:900), governing any structures to be built on land; • the Off-road Driving Act (1975:1313), regard - ing use of vehicles outside of regular roads; and • the Heritage Conservation Act (1988:950), concerning any archaeological discoveries. 1.3 Ownership of Mineral Resources Mineral resources in Sweden that are listed in the Minerals Act are the property of the nation and are available for commercial use to anyone who is able to obtain a mining permit. There is no difference between surface and subsurface minerals. Any minerals not listed in the Minerals Act belong to the landowner. The reasoning behind this legislation is that landowners in general are considered not to have the expertise or capac - ity to exploit mineral resources on their land. The rules are the same regardless of whether the landowner is a private or public entity or an individual. 1.4 Role of the State in Mining Law and Regulations The role of the Swedish State is essentially that of grantor and regulator. There is no expecta - tion of participation by the State as explorer or operator, whether through joint ventures, share - holdings or otherwise. The State has, however, retained its historical ownership of 100% of the
shares in LKAB, Sweden’s foremost iron ore mining company. 1.5 Nature of Mineral Rights Mineral rights do not have a constitutional basis but derive from law, principally in the form of the Minerals Act. Any commercial entities are free to enter into contracts for joint ventures, earn-in agreements, transfers of permits and other transactions regarding mineral rights. To the extent that such agreements change any cir - cumstances that are subject to existing permits, the parties may need consent from the relevant authority. Mineral rights (ie, permits) have the status of intellectual property in the Swedish legal system. 1.6 Granting of Mineral Rights The main granting authority is the Mining Inspec - torate, which is a national state authority. The Mining Inspectorate will assess all applications for exploration permits and mining permits in Sweden, and also supervises compliance with the Minerals Act (1991:45). The Mining Inspec - torate also provides information about legisla - tion and ongoing prospecting and processing for companies, interested parties, authorities, media and the public. The Mining Inspectorate is organised under the Geological Survey of Swe - den (SGU) but has independent status in exer - cising authority. It is headed by the Chief Mining Inspector, who decides on issues in accordance with the Minerals Act. Decisions by the Inspectorate take the form of formal public authority decisions, which can be appealed to: • a general administrative court; • a land and environmental court; or • the government, depending on the type of decision.
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