SWEDEN Law and Practice Contributed by: Peter Dyer and Alexandra Thörnroos, Wåhlin Advokater AB
to take a strict view on matters affecting Natura 2000 areas. Environmental and other considerations also dictate that mining operations are normally not permitted in locations that are: • part of local or regional plans under the Plan - ning and Building Act; • within 200 metres of inhabited buildings; • within 200 metres of public buildings, hotels, churches and comparable establishments; • in certain parts of the Swedish mountains; • within areas of military interest; • sites of electric power stations and industrial plants; and • in churchyards and burial grounds. No exploration is allowed in national parks or in any area that has been reserved for a national park according to a governmental request. Since a legislative amendment came into force on 1 July 2024, it is no longer a requirement to have a Natura 2000 permit in order for an exploi - tation concession to be granted. The matter of a Natura 2000 permit is instead examined within the framework of the environmental permitting process. This change has been made to stream - line the concession process while ensuring that the EU law requirements for a complete, accu - rate and final assessment of the impact on habi - tats or species in a Natura 2000 area are met. 2.3 Impact of Community Relations on Mining Projects During the application for an environmental per - mit, there are opportunities for all affected par - ties (ie, members of the public, organisations, local councils and authorities) to put forward opinions regarding the application. There is also a right to appeal. Following publication of the
terms of an environmental permit, there is also an opportunity for other affected parties to sug - gest further conditions. Such conditions are typi - cally aimed at limiting the environmental impact and disruption to the public and residents in the area, in the form of noise, dust and vibrations. 2.4 Prior and Informed Consultation on Mining Projects Prior and informed consultation is a mandatory part of the process to obtain an environmental permit. The consultation must be carried out by the applicant in order for the application to proceed. All affected parties shall have the opportunity to express their opinions on a min - ing application. In the case of exploration permits, consultation according to the Environmental Code is normally not required, unless the application concerns unexploited mountainous areas or unless the intended exploration may substantially affect the natural environment (eg, by way of new roads, logging or extensive drilling). However, the Min - erals Act still requires an application for an explo - ration permit to be notified to all real estate own - ers concerned and other known affected parties, as well as the County Administrative Board and the local municipality. If the intended exploration area is used for reindeer husbandry, notification is also required to the indigenous Sami people, who have a right to object. 2.5 Impact of Specially Protected Communities on Mining Projects Because of the concentration of mining opera - tions in the northern parts of Sweden, the impact on the indigenous Sami people is of particular importance, particularly with regard to the rein - deer industry. The reindeer industry operates over large areas and is therefore affected by several different operations that occupy large
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