What are the requirements for starting a mine in Sweden? What permits are needed? How is the environment protected? Who are affected and is there consultation with all parties?
The permit granting process
Examination of permits for mining operations is a process involving a large number of players. From an operator declaring its intention to start exploration for ore to the start-up of a mine requires several different permits. The examination process is different from that for other environmentally hazardous operations in that besides the Environmental Code (1998:808) it also involves examination under the Minerals Act (1991:45). The intention of the Environmental Code is to promote sustainable development, which means that present and future generations are assured a healthy and good environment, while the purpose of Sweden’s Minerals Act is to ensure that society has a supply of essential metals and minerals through the extraction of specially identified natural resources, so-called concession minerals*.
* antimony, arsenic, beryllium, lead, caesium, gold, iridium, iron occurring in the bedrock, cobalt, copper, chrome, mercury, lanthanum and lanthanides, lithium, manganese, molybdenum, nickel, niobium, osmium, palladium, platinum, rodium, rubidium, ruthenium, silver, scandium, strontium, tantalum, tin, titanium, thorium, uranium, vanadium, bismuth, tungsten, yttrium, zinc, zirconium, andalusite, apatite, brucite, fluorite, graphite, kyanite, ceramic or refractory clays, magnesite, pyrites, nepheline syenite, sillimanite, pit coal, rock salt or other salt occurring in a similar way, iron pyrites, heavy spar, wollastonite, oil, gaseous hydrocarbons and diamond.
A simplified illustration of the permitting process in Sweden. Source: SGU.
Facts: What bodies monitor mining operations? The swedish example
Mining Inspectorate
The Mining Inspectorate plays a central role in examining mining operations and hearing applications for exploration and mining permits. Another important mission is to supervise compliance with the Minerals Act (1991:45). The Mining Inspectorate also provides information about legislation and ongoing prospecting and processing for companies, interested parties, authorities, media and the public.
The Mining Inspectorate is a separate decision-making body sorting under the Geological Survey of Sweden (SGU) but has independent status in exercising authority. The Mining Inspectorate is headed by the Chief Mining Inspector who decides on issues in accordance with the Minerals Act.
THE CAB
The County Administrative Board plays an important role in the examination of mining operations. It participates e.g. as a referral body in examining exploration permits. For some exploration work a permit is also needed from the County Administrative Board, for example driving offroad. When examining a mining permit, consultation also takes place with the County Administrative Board. The County Administrative Board Environmental Permit Office decides on test mining permits. Consultations are also held with the County Administrative Board on a number of occasions.
Besides being an important element in examination, the County Administrative Board often also has a supervisory function in mining operations. There are 21 county administrative boards in Sweden.
Land and Environmental court
The environmental permit for mining operations is one of the last stages before operations can begin. The same rules in the Environmental Code apply to mines as to other operations impacting the environment. The health and environmental effects of a mine and protective measures if the mine is granted a permit are examined by the Land and Environment Court. Here decisions are also made on the conditions for operations, for example noise, damming, dumping, limiting emissions and so on.
There are five land and environment courts in Sweden. They are located in Umeå, Östersund, Växjö, Vänersborg and Nacka district courts.
Do you want to know more? Vägledning för prövning av gruvverksamhet is available in Swedish.
The iron ore mine in Kaunisvaara, Pajala. Photo: Niclas Dahlström
FROM Mineral exploration TO mining
The route from an exploration permit to an active mine is long. As of 2016 there were 604 exploration permits, but only 14 active mines. Few exploration permits move onto an application for a mining permit, and even fewer become mines. The time from the start of exploration work to a mine possibly opening is difficult to estimate, but is often a question of decades.
Before an application can be made for a mining permit and environmental permit, prospecting for ore often continues for several years. If ore is found, this is followed by long studies to draft an environmental impact assessment, technical description and waste management plan, together with the design of a mine and any tailings storage facility and concentration plant.
Examination by the Mining Inspectorate for a mining permit in many cases takes about 1½ years or more. In cases that are controversial, the application can be referred to the government, which means that the case takes further time. The application time for an environmental permit often takes as long as for a mining permit before a decision can be announced. This examination too can take longer, depending among other things on whether there are any appeals.
Bedrock mapping and boulder tracing are common prospecting methods. These methods have a very low impact on nature. Illustration: Boliden.
WHO IS AFFECTED BY THE MINE?
During the examination process there are opportunities for the public, involved parties, organisations, municipalities and authorities to put forward opinions regarding the application. There is also a right to appeal. When the terms of the environmental permit have been made public there is also an opportunity for other players to suggest conditions.
The conditions are intended to limit environmental impact and disruption to the public and residents in the area, in the form of noise, dust and vibrations.
It is not uncommon for a mine or planned mining operation to be geographically located within a reindeer herding area and to impact the reindeer industry.
In such cases, the Sámi community or communities in question own special rights. When the working plan for exploration work is put forward
it is obligatory for the operator and involved parties to be in contact. The information and dialogue that needs to be pursued before an application from mining permit is based on voluntary undertakings and initiatives. Contact is important for the parties’ understanding and acceptance of each other’s operations.
A description of the impact on the reindeer industry shall be included in the EIA that the operator drafts. How comprehensively the reindeer industry in the area is to be addressed depends on the extent to which the reindeer industry in the area is impacted by the planned operations. In addition to a description of the impact, the operator shall also propose damage limitation. Even limited disruption from mining operations can be of major significance, for example as regards the impact on migratory routes or calving areas.
Marking of calfs. Photo: Niclas Dahlström.
THE SÁMI, MINING POLICY AND ILO 169
The issue of mines and land claims has long been a much debated matter. Mines occupy large land areas and affect people and industries in the area. Since several ore deposits have been found in northern parts of Sweden, the impact on the Sámi has been of especial importance, above all with regard to the reindeer industry. The reindeer industry operates over large areas and is therefore affected by several different operations that occupy large land areas, including mines, forestry, wind power and tourism. The Sámi Parliament has a cross-party consensus on its approach to mines and prospecting in Sápmi (Lapland). The Sámi Parliament considers that until ILO 169 and the Nordic Sámi convention are rectified and implemented in Sweden, further mineral exploitation and prospecting shall not take place in Sápmi. They also consider that the Sámi Parliament shall have a veto right, affected Sámi people shall have a veto right, and affected Sámi communities shall have a veto right. They consider that to reach a yes vote to exploitation, everyone must be in agreement – there must be consensus for exploitation to take place*. The ILO** is one of the United Nations’ so-called specialised agencies and is responsible for issues to do with working conditions, discrimination and indigenous peoples work and life conditions. Convention 169 contains a number of regulations on commitments within different areas. The governments in the countries that have ratified the convention are to ensure that the rights of indigenous peoples are protected and that their integrity is respected. This means among other things that special actions shall be taken to protect their institutions, property, land, culture and environment. As regards mines, the convention could mean in practice that where possible compensation would be payable to the Sámi for mine start-ups on the traditional lands they use. Another demand is consultation regarding setting up, partially a requirement to Danny. There are also a number of regulations which are open to interpretation, such as the rights of indigenous populations to influence the decision making process when setting up on land they traditionally use. This does not however mean a veto right. Sweden has not yet ratified ILO 169. Several of the Parliamentary parties have previously declared their positive attitude towards the convention, but that the consequences have not yet been sufficiently researched. An 1999, SOU***published a report on ILO 169 and the measures demanded to enable ratifying the convention.
* https://www.sametinget.se/73597 - 2017-07-12
** International Labour Organization
*** Statens offentliga utredningar 1999:25 Samerna - ett ursprungsfolk i Sverige. Frågan om Sveriges anslutning till ILO:s konvention nr 169. http://www.regeringen.se/rattsdokument/statens-offentli ga-utredningar/1999/03/sou-199925/
