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Part 1/2 - sorry for the broken layout translation errors.
"MOUNTAIN STATE
Box 43
SE-971 02 Luleå
BERGSSTATEN Sweden
DECISIONS
Talga AB
Södra Kungsgatan 5 B 972 35 LULEÅ
The processing concession means close access to the extraction and utilisation of gxafite.
The period of validity of the operating licence is 25 years from the date on which the decision becomes final.
The area Nunasvaara Södra IN no 1 is located within the property Kiruna Stenbxottet 2:1. The property's share of the concession area will be calculated in connection with the determination of the mine number for the first time in accordance with Chapter 7, Section 7 of the Mine Act. 7 § Minexallagen.
The concession area is covered by Talga AB's Nunasvaara No 2 exploration licence. The area is located approximately ten kilometres west of Vittangi tätoit, Kiruna municipality, in close
adjacent to Lake Hosiojärvi. The area is part of Talga AB's larger graphite project, which covers a total of four deposits. The deposit is located within an area of xix interest for valuable substances or materials according to Chapter 3. 7, second paragraph of the Environmental Code (1598:808). At the time of this decision, the area is not located within or immediately adjacent to any area covered by the provisions of Chapter 5, Section 10 or Chapter 17, Section 3 of the Mining Act.
The application for the Nunasvaara Södra IN rtr 1 concession area submitted to the Mining Authority on 29 May 2020 is attached to this decision (see Appendix 1).
Background information
The application states that the main activity is the mining and beneficiation of gxafite ore. The planned extraction of the ore body will be by mining up to 120 000 tonnes per year, allowing for a gtafitx production of approximately 25 000 tonnes per year. Mining will take place via six open pit stages that will eventually connect to each other in certain locations. Production is planned to increase gradually and it is considered economically feasible to extract 2.43 million tonnes of ore over the life of the mine of about 2W 25 years, with the current knowledge of the development of the ore.
Within the Nunasvaara South IN 1 area of operations, facilities will include primary crushers, secondary crushers, ore stockpiles and concentrator plants.
be built. Infrastructure will be built in the form of roads to the construction site and to the sand and grey rock dumps and other service roads. Otherwise, the water treatment plant and other facilities will be built.
For the sake of reindeer husbandry, the drilling, blasting and handling of greybeige will be limited to the months of June-November, while the enrichment, external transport and handling of tailings will take place all year round.
The planned mining in the concession area is not covered by a detailed plan or a zoning ordinance. The exploration plan shows that the area contains a mineral deposit and that it is interesting for the extraction of graphite.
After the activities in the applied for concession area have been completed, aftercare will be carried out with the aim of returning the area, as far as possible, to its previous reindeer utilisation (grazing, forestry and tea production) and not posing any risk to humans, animals or reindeer grazing. The creation of a natural environment adapted to the surrounding landscape is sought, while ensuring that there is no mobilisation of sulphides and other metals or discharge of leachate. In order to enable the above, and to allow for the rapid detection of any problems, a robust self-monitoring programme will be developed. The monitoring will be initiated during the operational period of the activity. Through careful operational planning, the project design allows for progressive rehabilitation over the life of the mine. The planned exhaust treatment will be reviewed and revised periodically based on the data obtained within the framework of the monitoring pxogram and as new technologies become available in the industry.
The mine closure and reclamation plan is therefore dynamic.
The Nunasvaara Södra K No. 1 graphite deposit is located within an area designated as being of interest for valuable substances or materials. The deposit is of extremely high quality and tests have shown that it can be processed into material for the production of lithium-ion batteries. The area of national interest is deemed to contain a very large and extensive ore potential. The planned activities entail good resource management by enabling the extraction of a deposit of national interest.
The planned area of operations touches on national interests for nature conservation, outdoor recreation and surface fishing through its proximity to the Toxne River. National interest for industry is located about 200 metres south of the outer boundary of the business area. The E45 and E10 roads and the Malmbanan railway are of national interest for communications. Furthermore, the planned area of operations is of national interest for total safety and special restrictions for freedom from obstacles.
On 5 August 2023, the Land and Environment Court at Umeå District Court in case no. M 1573-20 granted a permit for mining activities (environmentally hazardous activities) at Nunasvaara Södra in Kiruna municipality. It is clear from the judgment that the Land and Environment Court found that the activity covered by the application is permissible and that authorisation under the Environmental Code can be granted. In the judgment, the court has taken a position on the question of the environmental impact assessment under Chapter 6 of the Environmental Code, the authorisation under Chapter 7, Section 28a of the Environmental Code (Natura 2000) and the management provisions in Chapters 3 and 4 of the Environmental Code. Finally, the court has taken a position on the question of detailed plans and area regulations within the framework of Chapter 2. 6 of the Environmental Code. The judgment has been appealed to the Land and Environment Court of Appeal, which has not granted leave to appeal. The Land and Environment Court of Appeal's decision has since been appealed to the Supreme Court. At the time of this decision, the environmental permit has not acquired legal force.
Due to the previous wording of Chapter 4, Section 2 of the Mining Act (2022:728) and the practicel that applied, the Swedish Mining Authority has been prevented from issuing decisions on
processing licence before a Natura 2000 permit has been obtained. Under the amendment to the Mining Act (2024:325), which entered into force on 1 July 2024, the mining master can now grant an exploitation concession even if the question of a Natura 2000 permit has not been finally decided.
The following comments have been received from property owners and other known stakeholders.
Gabna Sami village opposed the granting of the processing licence. The sameby has its sameby area south of Torneträsk and Totne river and describes in its statement how they
' HFD 2022 note 20
conducted their herding during the year. The Sami village is not affected by the open-cast mine itself, but will be directly impacted by noise, seismic activity, water pollution, deforestation, increased human activity and infrastructure in connection with the mine, as well as consequential activities in the form of transport to and from the mining area.
The Sami community argues that the shared area along the Toine River will not be available for grazing if the grazing licence is granted. The Mayoin area is the only area that today connects the Sami village's land in the west to the very important winter pastures in the east and south-east. The application affects three reindeer husbandry areas of interest and will split one of these in two. In addition, the Sami community's only remaining migration route in the area will be cut by the consequential exxcavation unit. The area is of great importance for reindeer husbandry in the Sami village.
In addition, further comments have been received, which essentially contain the following.
The Swedish Society for Nature Conservation is opposed to the applicant being granted a grazing licence and considers that the overall environmental impact of the entire area, including the applicant's three additional grazing licences applied for, must be assessed. The Swedish Society for Nature Conservation considers that the present decision documentation cannot be used as a basis for a complete, precise and final assessment. This is because the environmental impact assessment does not ensure that interests worthy of protection, such as water, natural environment, endangered species, cultural environment or opposing national interests, are harmed by the planned mining and related activities.
The owner of a property south of the Toine River is opposed to mining in the area. One of the reasons for this is that the project affects the sensitive Natura 2000 area of the Torne and Kalix rivers and may affect the groundwater level and drinking water. It is argued that the area has large natural vegetation and is a very popular and important recreational area for the local population. The activities will pollute the surrounding nature, both because of the crushing and enrichment of the ore and the transport. The property owners question the ownership of the applicant company by a foreign exploration and development company and whether graphite mining will create new jobs in the area.
As a result of the amendment to the Minerals Act, on 4 June 2024 the Chief Mining Officer requested a complete opinion from Noxtbotten County Council on the application of
Chapter 3, Chapter 4, sections 1-7 and Chapter 6, sections 28-46 of the Environmental Code. On 25 September 2024, the County Administrative Board of Nozrbotten submitted a supplementary statement to the State Council in which the following is stated. The County Administrative Board agrees that the Bexgrnästaxen grants the applied for grazing concession and considers that the concession should be associated with conditions aimed at minimising the negative impact of the planned activity on the industry.
The application for a beat grazing licence affects national interests for valuable substances or materials and is covered by a national interest area for the total waste. In the vicinity of the area of operation, there are designated areas of national interest for the tin industry and commercial fishing, nature and outdoor life, and municipalities. The national river Toxneälven with its associated watercourses, headwaters and tributaries is of national interest in its entirety. The Torne River and a number of smaller watercourses in the vicinity of the site are also part of the Torne and I€alix River System Natura 2000 site.
Furthermore, the county administrative board states that the planned area of operation is located within the Talma Sami village's wine grazing areas. Migration routes and difficult passages of national interest for reindeer herding are designated to the west and south of the area of operations for the Talma and Gabna Sámi communities, and to the east of the Vittangi River for the Saaxivuoma Sámi community. National interests for reindeer herding, designated by the Sami Parliament, are located about 200 metres south of the outer boundary of the area of operations. Transport to and from the area runs along Nunasvaara Road through the Talma Sámi village area and south of the Torne River via the E45 road through the Gabna Sámi village area. The road crosses migration routes that have been designated as xik interests. However, there are no national interests for reindeer husbandry designated by the Sami Parliament in the Vexksarrihet area.
The County Administrative Board's assessment is based on the fact that only the national interests designated by the Sami Parliament are to be protected against measures that may significantly affect the industry's livelihood (other land and water areas of importance to the tin industry are to be protected against such measures as far as possible). The environmental impact assessment shows that the planned mining activities will affect the tin industry by utilising land in the winter grazing area, which will not be available during the period of mining. Bullet, dust and the increased traffic on Nunasvaara Road may also affect reindeer husbandry.
The County Administrative Board notes that the planned activities have been designed to minimise the impact on the surroundings and the industry in the area. The applicant has also made commitments to limit the timing of parts of the planned activities in order to limit the impact on the surface. Nevertheless, the establishment of mining activities in the area will result in disturbances that may cause, inter alia, avoidance effects and reduced access to grazing for reindeer during certain periods of the year. The mainly periodic free roaming past the mining area is a significant and important feature for
reindeer herding and is assessed to be affected by noise in the area of operations and by transport. The impact on areas of national interest through noise from the operations and transport to and from the operations is also expected to occur periodically. However, with regard to the impact on areas of national interest through noise, the county administrative board assesses that this will not be of such an extent that the operation of the tin industry will be significantly impaired.
The County Administrative Board is of the opinion that it should be possible to carry out the xenotransplantation even if the planned activity is realised. However, this would require the applicant to take the protective measures, precautionary measures and compensatory measures to which they have committed themselves and that adequate conditions are imposed.
With regard to other national interests or nature values, the County Administrative Board assesses that the planned activity will not significantly affect the utilisation of the opposing interests. With regard to the national interest for the total defence (the aeronautical and meteorological area), the county administrative board finds it difficult to see that the planned activity would significantly affect the interests of the total defence. However, the County Administrative Board considers that this judgement should primarily be made by the Swedish Armed Forces.
In summary, the County Administrative Board makes the assessment that the planned activity is compatible with the conflicting land use interests that have been identified. Provided that the applicant takes the protective measures, precautionary measures and compensatory measures that they have undertaken and that sufficient conditions are prescribed, the County Administrative Board recommends that the Chief Mining Inspector grant the applied for exploitation licence Nunasvaara Södra IN er 1.
With regard to the proposed condition proposed by the applicant in its application, the County Administrative Board considers that the proposed condition is appropriate and should be imposed. A corresponding condition has been prescribed in the Land and Environment Court's judgement in case M 1573-20. The County Administrative Board also states that the Land and Environment Court has prescribed conditions regarding restrictions on when in the year blasting, drilling, crushing and transport may take place, with the aim of minimising the negative impact of the activity on the tin industry. As the County Administrative Board understands the matter, the condition in question is a specification of the applicant's undertaking that mining will only take place during the summer half-year when the reindeer are not in the area to the same extent. In view of this and the fact that the Land and Environment Court's judgement has been appealed and thus has not gained legal force, the county administrative board considers that the condition should also be described by the neighbouring state in this case.
In the opinion of the County Administrative Board, it is quite clear that additional and detailed conditions are necessary to limit the negative impact of the planned activities on industry and other interests. However, such conditions, regarding for example noise, dust and emissions to water, should only be prescribed in the context of the authorisation procedure under the Environmental Code and not in this case.
The county administrative board has attached a statement from the Sami Parliament to its opinion. Kiruna municipality has not submitted an opinion or otherwise been consulted.
According to Chapter 4, Section 2, first paragraph of the Minerals Act, an exploitation concession shall be granted if a deposit that is likely to be economically exploitable has been found and the location of the deposit and the fact that it does not make it inappropriate for the applicant to be granted the requested concession.
According to the third paragraph of the same section, Chapter 3, Chapter 4, Sections 1-7 and Chapter 5, Section 18 of the Environmental Code are to be observed in cases concerning the granting of an irrigation licence.
According to the f)th paragraph of the same article, if a case concerning the granting of a licence concerns an activity that is also to be examined under the Environmental Code or other laws, Chapter 3 and Chapter 4, Sections 1-7 of the Environmental Code shall only be applied in the examination that takes place in the licence case. In the application of Chapter 3, Section 10, second paragraph of the Environmental Code and Chapter 4, Section 1, first paragraph 1 of the Environmental Code, Chapter 4, Section 8 of the Code shall not be taken into account. 8 of the Code shall not be taken into account.
According to the fifth paragraph of the same section, when an activity is subsequently to be examined under the Environmental Code or other laws, the question of whether a licence is required under Chapter 7, Section 28a of the Environmental Code and, if a licence is required, the question of whether a licence can be granted shall be made independently of the positions taken in the licensing examination.
According to the sixth paragraph of the same section, in matters concerning the granting of a licence, a specific environmental assessment shall be carried out, information shall be provided and consultation shall take place in accordance with Chapter 6, Sections 28-46 of the Environmental Code. The information in the environmental impact assessment must be as comprehensive and detailed as necessary for the assessment of the licence application.
Under the seventh paragraph of the same section, a licence may not be contrary to a local plan or a local regulation. However, minor derogations may be granted if the purpose of the plan or regulation is not jeopardised.
Period of validity of the processing licence
According to Chapter 4. 7 of the Mining Act, a mining licence shall be granted for twenty-five years. If the applicant so requests, a shorter period may be determined.
Indicative rulings
In HFD 2016 tef 21, the Supreme Administrative Court stated that an assessment under Chapters 3 and 4 of the Environmental Code in a case concerning a mining licence must include both the licence area applied for and the land use for additional facilities necessary for the mining operation.
Initially, Bergmästaien stated that the Land and Environment Court, within the framework of its review, had taken a position on the environmental impact assessment pursuant to Chapter 6 of the Environmental Code, authorisation pursuant to Chapter 7, Section 28a of the Environmental Code (Natura 2000) and the management provisions in Chapters 3 and 4 of the Environmental Code. At the time of this decision, the judgement of the Land and Regional Court has not become final.
According to Chapter 4, Section 2, fourth paragraph of the Minerals Act, if a case concerning the granting of a licence relates to an activity that is also to be examined under the Environmental Code or other laws, Chapters 3 and 4 of the Environmental Code are only to be applied in the examination that takes place in the licence case. In the explanatory memorandum (pt. 1997/98:90, pp. 211-214) it is stated that this arrangement is justified by the fact that the mining and mineral industry in Sweden is a basic industry of economic importance to society. This would be seriously jeopardised if the provision in Chapter 4, Section 2, fourth paragraph, restricting the application of the household exemption provisions were removed. It was considered doubtful whether exploration would take place at all if the holder of an exploitation licence was unable to use the licence because it was decided at a subsequent environmental review - often several years later - that the land should be used for some other purpose. The regulation in the Minerals Act is thus intended to ensure that the assessment under Chapters 3 and 4 of the Environmental Code is carried out as early as possible and on only one occasion (cf. HFD 2016, no. 21).
The question of res judicata in application cases before the Land and Environment Court is regulated in Chapter 24, Section 1 of the Environmental Code. This provision states, inter alia, that if a judgement or decision handed down in an application case pursuant to Chapter 21, Section 1a, first paragraph, concerns a permit for an activity pursuant to the Code and the judgement or decision has acquired legal force, the permit applies to all, as regards matters that have been examined in the judgement or decision. However, as stated in the literature2 , the scope of the authorisation is limited in various respects, although this is not clearly stated in the section. In any case, however, a permit granted in an application seems to have 'transcategorical' legal force, which means that a permit judgement has legal force in relation to a patent application under the Environmental Code by other authorities - and then with regard to matters explicitly regulated in
"MOUNTAIN STATE
Box 43
SE-971 02 Luleå
BERGSSTATEN Sweden
DECISIONS
Talga AB
Södra Kungsgatan 5 B 972 35 LULEÅ
Page 1(15)
2024-10-17
Ref BS 22-590-2020
2024-10-17
Ref BS 22-590-2020
Processing licence under the Minerals Act for the Nunasvaara Södra K No. 1 area in Kiruna Municipality, Norrbotten County
Decision
Beigmästaxen grants Talga AB, 559155-0677, an exploitation concession with licence number BK-2024:1 in accordance with the Minerals Act (1991:45) for the area Nunasvaara Södra K No. 1.The processing concession means close access to the extraction and utilisation of gxafite.
The period of validity of the operating licence is 25 years from the date on which the decision becomes final.
Description of the concession area
The concession area covers an area of 37,92 hectare and is bounded by a line joining the vertices with coordinates in SWEREF 99TM as follows| Cusp | N-coxdinate | E-codinate |
| 7525170 | 770190 | |
| 2 | 7524940 | 770330 |
| 3 | 7524720 | 769980 |
| 4 | 7524100 | 770390 |
| 5 | 7523980 | 770340 |
| 7524000 | 770130 | |
| 7 | 7524557 | 769742 |
| 8 | 7524930 | 769770 |
The area Nunasvaara Södra IN no 1 is located within the property Kiruna Stenbxottet 2:1. The property's share of the concession area will be calculated in connection with the determination of the mine number for the first time in accordance with Chapter 7, Section 7 of the Mine Act. 7 § Minexallagen.
The concession area is covered by Talga AB's Nunasvaara No 2 exploration licence. The area is located approximately ten kilometres west of Vittangi tätoit, Kiruna municipality, in close
adjacent to Lake Hosiojärvi. The area is part of Talga AB's larger graphite project, which covers a total of four deposits. The deposit is located within an area of xix interest for valuable substances or materials according to Chapter 3. 7, second paragraph of the Environmental Code (1598:808). At the time of this decision, the area is not located within or immediately adjacent to any area covered by the provisions of Chapter 5, Section 10 or Chapter 17, Section 3 of the Mining Act.
The application for the Nunasvaara Södra IN rtr 1 concession area submitted to the Mining Authority on 29 May 2020 is attached to this decision (see Appendix 1).
Terms and conditions
Talga AB shall conduct annual consultations with Talma Sami village and Gabna Sami village with the aim of minimising the negative impact of the operations on reindeer husbandry. No later than two months after the consultation, the company shall submit a report on the consultation to the Mining Authority.Security and safety
Talga AB shall, no later than when notification of commencement of mining operations pursuant to Section 57 of the Minexal Ordinance (1992:285) is made, provide financial security of SEK 1,000,000. The security constitutes a guarantee for the initial reclamation costs upon termination of the licence as set out in Chapter 13, Section 4 of the Minerals Act. 4 of the Minerals Act and which will be determined in more detail in connection with the termination of the licence.Background information
Application form
The application for a processing concession for the area Nunasvaara Södra IN nx t with the attached environmental impact assessment and waste was received from Talga AB (hereinafter the applicant) to Bergsstaten on 26 May 2020. The application refers to the concession mine graphite and a concession period of 25 years. On 5 May 2021, the applicant submitted the application with, among other things, an update of environmental impacts, aftercare, Natura 2000 and interests.The application states that the main activity is the mining and beneficiation of gxafite ore. The planned extraction of the ore body will be by mining up to 120 000 tonnes per year, allowing for a gtafitx production of approximately 25 000 tonnes per year. Mining will take place via six open pit stages that will eventually connect to each other in certain locations. Production is planned to increase gradually and it is considered economically feasible to extract 2.43 million tonnes of ore over the life of the mine of about 2W 25 years, with the current knowledge of the development of the ore.
Within the Nunasvaara South IN 1 area of operations, facilities will include primary crushers, secondary crushers, ore stockpiles and concentrator plants.
be built. Infrastructure will be built in the form of roads to the construction site and to the sand and grey rock dumps and other service roads. Otherwise, the water treatment plant and other facilities will be built.
For the sake of reindeer husbandry, the drilling, blasting and handling of greybeige will be limited to the months of June-November, while the enrichment, external transport and handling of tailings will take place all year round.
The planned mining in the concession area is not covered by a detailed plan or a zoning ordinance. The exploration plan shows that the area contains a mineral deposit and that it is interesting for the extraction of graphite.
After the activities in the applied for concession area have been completed, aftercare will be carried out with the aim of returning the area, as far as possible, to its previous reindeer utilisation (grazing, forestry and tea production) and not posing any risk to humans, animals or reindeer grazing. The creation of a natural environment adapted to the surrounding landscape is sought, while ensuring that there is no mobilisation of sulphides and other metals or discharge of leachate. In order to enable the above, and to allow for the rapid detection of any problems, a robust self-monitoring programme will be developed. The monitoring will be initiated during the operational period of the activity. Through careful operational planning, the project design allows for progressive rehabilitation over the life of the mine. The planned exhaust treatment will be reviewed and revised periodically based on the data obtained within the framework of the monitoring pxogram and as new technologies become available in the industry.
The mine closure and reclamation plan is therefore dynamic.
The Nunasvaara Södra K No. 1 graphite deposit is located within an area designated as being of interest for valuable substances or materials. The deposit is of extremely high quality and tests have shown that it can be processed into material for the production of lithium-ion batteries. The area of national interest is deemed to contain a very large and extensive ore potential. The planned activities entail good resource management by enabling the extraction of a deposit of national interest.
The planned area of operations touches on national interests for nature conservation, outdoor recreation and surface fishing through its proximity to the Toxne River. National interest for industry is located about 200 metres south of the outer boundary of the business area. The E45 and E10 roads and the Malmbanan railway are of national interest for communications. Furthermore, the planned area of operations is of national interest for total safety and special restrictions for freedom from obstacles.
Other
The application states that in connection with the submission of the application for a mining concession to the State of Beigsstaten, the applicant has also applied to the Land and Environment Court for a permit under the Environmental Code for the mining and processing of graphite ore. On 5 March 2021, the applicant announced that a permit under Chapter 7, Section 28a of the Environmental Code (Natuta 2000) will be applied for from the Land and Environment Court through a supplementary application to the environmental permit application.On 5 August 2023, the Land and Environment Court at Umeå District Court in case no. M 1573-20 granted a permit for mining activities (environmentally hazardous activities) at Nunasvaara Södra in Kiruna municipality. It is clear from the judgment that the Land and Environment Court found that the activity covered by the application is permissible and that authorisation under the Environmental Code can be granted. In the judgment, the court has taken a position on the question of the environmental impact assessment under Chapter 6 of the Environmental Code, the authorisation under Chapter 7, Section 28a of the Environmental Code (Natura 2000) and the management provisions in Chapters 3 and 4 of the Environmental Code. Finally, the court has taken a position on the question of detailed plans and area regulations within the framework of Chapter 2. 6 of the Environmental Code. The judgment has been appealed to the Land and Environment Court of Appeal, which has not granted leave to appeal. The Land and Environment Court of Appeal's decision has since been appealed to the Supreme Court. At the time of this decision, the environmental permit has not acquired legal force.
Due to the previous wording of Chapter 4, Section 2 of the Mining Act (2022:728) and the practicel that applied, the Swedish Mining Authority has been prevented from issuing decisions on
processing licence before a Natura 2000 permit has been obtained. Under the amendment to the Mining Act (2024:325), which entered into force on 1 July 2024, the mining master can now grant an exploitation concession even if the question of a Natura 2000 permit has not been finally decided.
Announcements and notifications
The application and the environmental impact statement have been publicised in the newspaper Noiiländska socialdemokraten and in Post- och Iniikes Tidningar. Affected property owners and other known property owners have been notified of the application and sent a copy of the application, a non-technical summary and table of contents of the environmental impact statement, and information on where complete documents on the matter are available.The following comments have been received from property owners and other known stakeholders.
Gabna Sami village opposed the granting of the processing licence. The sameby has its sameby area south of Torneträsk and Totne river and describes in its statement how they
' HFD 2022 note 20
conducted their herding during the year. The Sami village is not affected by the open-cast mine itself, but will be directly impacted by noise, seismic activity, water pollution, deforestation, increased human activity and infrastructure in connection with the mine, as well as consequential activities in the form of transport to and from the mining area.
The Sami community argues that the shared area along the Toine River will not be available for grazing if the grazing licence is granted. The Mayoin area is the only area that today connects the Sami village's land in the west to the very important winter pastures in the east and south-east. The application affects three reindeer husbandry areas of interest and will split one of these in two. In addition, the Sami community's only remaining migration route in the area will be cut by the consequential exxcavation unit. The area is of great importance for reindeer husbandry in the Sami village.
In addition, further comments have been received, which essentially contain the following.
The Swedish Society for Nature Conservation is opposed to the applicant being granted a grazing licence and considers that the overall environmental impact of the entire area, including the applicant's three additional grazing licences applied for, must be assessed. The Swedish Society for Nature Conservation considers that the present decision documentation cannot be used as a basis for a complete, precise and final assessment. This is because the environmental impact assessment does not ensure that interests worthy of protection, such as water, natural environment, endangered species, cultural environment or opposing national interests, are harmed by the planned mining and related activities.
The owner of a property south of the Toine River is opposed to mining in the area. One of the reasons for this is that the project affects the sensitive Natura 2000 area of the Torne and Kalix rivers and may affect the groundwater level and drinking water. It is argued that the area has large natural vegetation and is a very popular and important recreational area for the local population. The activities will pollute the surrounding nature, both because of the crushing and enrichment of the ore and the transport. The property owners question the ownership of the applicant company by a foreign exploration and development company and whether graphite mining will create new jobs in the area.
Consultation with the Icelandic authorities
In accordance with Chapter 8, Section 1 of the Mining Act, on 2 February 2023 the Swedish State Mining Authority requested an opinion from the County Administrative Board of Norrbotten regarding the application of Chapters 3, 4 and 6 of the Environmental Code (1998:808). On 31 March 2023, the County Administrative Board of Norrbotten submitted an opinion to Bergsstaten in which the following is stated. The county administrative board makes the assessment that a grading concession for Nunasvaara Södra IN ni 1 may only be realised if a Natura 2000 permit has been granted. Since such a permit does not exist, the County Administrative Board proposes that the licence application be rejected.As a result of the amendment to the Minerals Act, on 4 June 2024 the Chief Mining Officer requested a complete opinion from Noxtbotten County Council on the application of
Chapter 3, Chapter 4, sections 1-7 and Chapter 6, sections 28-46 of the Environmental Code. On 25 September 2024, the County Administrative Board of Nozrbotten submitted a supplementary statement to the State Council in which the following is stated. The County Administrative Board agrees that the Bexgrnästaxen grants the applied for grazing concession and considers that the concession should be associated with conditions aimed at minimising the negative impact of the planned activity on the industry.
The application for a beat grazing licence affects national interests for valuable substances or materials and is covered by a national interest area for the total waste. In the vicinity of the area of operation, there are designated areas of national interest for the tin industry and commercial fishing, nature and outdoor life, and municipalities. The national river Toxneälven with its associated watercourses, headwaters and tributaries is of national interest in its entirety. The Torne River and a number of smaller watercourses in the vicinity of the site are also part of the Torne and I€alix River System Natura 2000 site.
Furthermore, the county administrative board states that the planned area of operation is located within the Talma Sami village's wine grazing areas. Migration routes and difficult passages of national interest for reindeer herding are designated to the west and south of the area of operations for the Talma and Gabna Sámi communities, and to the east of the Vittangi River for the Saaxivuoma Sámi community. National interests for reindeer herding, designated by the Sami Parliament, are located about 200 metres south of the outer boundary of the area of operations. Transport to and from the area runs along Nunasvaara Road through the Talma Sámi village area and south of the Torne River via the E45 road through the Gabna Sámi village area. The road crosses migration routes that have been designated as xik interests. However, there are no national interests for reindeer husbandry designated by the Sami Parliament in the Vexksarrihet area.
The County Administrative Board's assessment is based on the fact that only the national interests designated by the Sami Parliament are to be protected against measures that may significantly affect the industry's livelihood (other land and water areas of importance to the tin industry are to be protected against such measures as far as possible). The environmental impact assessment shows that the planned mining activities will affect the tin industry by utilising land in the winter grazing area, which will not be available during the period of mining. Bullet, dust and the increased traffic on Nunasvaara Road may also affect reindeer husbandry.
The County Administrative Board notes that the planned activities have been designed to minimise the impact on the surroundings and the industry in the area. The applicant has also made commitments to limit the timing of parts of the planned activities in order to limit the impact on the surface. Nevertheless, the establishment of mining activities in the area will result in disturbances that may cause, inter alia, avoidance effects and reduced access to grazing for reindeer during certain periods of the year. The mainly periodic free roaming past the mining area is a significant and important feature for
Dnr BS 22-S90-2020
reindeer herding and is assessed to be affected by noise in the area of operations and by transport. The impact on areas of national interest through noise from the operations and transport to and from the operations is also expected to occur periodically. However, with regard to the impact on areas of national interest through noise, the county administrative board assesses that this will not be of such an extent that the operation of the tin industry will be significantly impaired.
The County Administrative Board is of the opinion that it should be possible to carry out the xenotransplantation even if the planned activity is realised. However, this would require the applicant to take the protective measures, precautionary measures and compensatory measures to which they have committed themselves and that adequate conditions are imposed.
With regard to other national interests or nature values, the County Administrative Board assesses that the planned activity will not significantly affect the utilisation of the opposing interests. With regard to the national interest for the total defence (the aeronautical and meteorological area), the county administrative board finds it difficult to see that the planned activity would significantly affect the interests of the total defence. However, the County Administrative Board considers that this judgement should primarily be made by the Swedish Armed Forces.
In summary, the County Administrative Board makes the assessment that the planned activity is compatible with the conflicting land use interests that have been identified. Provided that the applicant takes the protective measures, precautionary measures and compensatory measures that they have undertaken and that sufficient conditions are prescribed, the County Administrative Board recommends that the Chief Mining Inspector grant the applied for exploitation licence Nunasvaara Södra IN er 1.
With regard to the proposed condition proposed by the applicant in its application, the County Administrative Board considers that the proposed condition is appropriate and should be imposed. A corresponding condition has been prescribed in the Land and Environment Court's judgement in case M 1573-20. The County Administrative Board also states that the Land and Environment Court has prescribed conditions regarding restrictions on when in the year blasting, drilling, crushing and transport may take place, with the aim of minimising the negative impact of the activity on the tin industry. As the County Administrative Board understands the matter, the condition in question is a specification of the applicant's undertaking that mining will only take place during the summer half-year when the reindeer are not in the area to the same extent. In view of this and the fact that the Land and Environment Court's judgement has been appealed and thus has not gained legal force, the county administrative board considers that the condition should also be described by the neighbouring state in this case.
In the opinion of the County Administrative Board, it is quite clear that additional and detailed conditions are necessary to limit the negative impact of the planned activities on industry and other interests. However, such conditions, regarding for example noise, dust and emissions to water, should only be prescribed in the context of the authorisation procedure under the Environmental Code and not in this case.
The county administrative board has attached a statement from the Sami Parliament to its opinion. Kiruna municipality has not submitted an opinion or otherwise been consulted.
Justification
Applicable provisions
Conditions for a licenceAccording to Chapter 4, Section 2, first paragraph of the Minerals Act, an exploitation concession shall be granted if a deposit that is likely to be economically exploitable has been found and the location of the deposit and the fact that it does not make it inappropriate for the applicant to be granted the requested concession.
According to the third paragraph of the same section, Chapter 3, Chapter 4, Sections 1-7 and Chapter 5, Section 18 of the Environmental Code are to be observed in cases concerning the granting of an irrigation licence.
According to the f)th paragraph of the same article, if a case concerning the granting of a licence concerns an activity that is also to be examined under the Environmental Code or other laws, Chapter 3 and Chapter 4, Sections 1-7 of the Environmental Code shall only be applied in the examination that takes place in the licence case. In the application of Chapter 3, Section 10, second paragraph of the Environmental Code and Chapter 4, Section 1, first paragraph 1 of the Environmental Code, Chapter 4, Section 8 of the Code shall not be taken into account. 8 of the Code shall not be taken into account.
According to the fifth paragraph of the same section, when an activity is subsequently to be examined under the Environmental Code or other laws, the question of whether a licence is required under Chapter 7, Section 28a of the Environmental Code and, if a licence is required, the question of whether a licence can be granted shall be made independently of the positions taken in the licensing examination.
According to the sixth paragraph of the same section, in matters concerning the granting of a licence, a specific environmental assessment shall be carried out, information shall be provided and consultation shall take place in accordance with Chapter 6, Sections 28-46 of the Environmental Code. The information in the environmental impact assessment must be as comprehensive and detailed as necessary for the assessment of the licence application.
Under the seventh paragraph of the same section, a licence may not be contrary to a local plan or a local regulation. However, minor derogations may be granted if the purpose of the plan or regulation is not jeopardised.
Period of validity of the processing licence
According to Chapter 4. 7 of the Mining Act, a mining licence shall be granted for twenty-five years. If the applicant so requests, a shorter period may be determined.
Indicative rulings
In HFD 2016 tef 21, the Supreme Administrative Court stated that an assessment under Chapters 3 and 4 of the Environmental Code in a case concerning a mining licence must include both the licence area applied for and the land use for additional facilities necessary for the mining operation.
Miners' assessment
The assessment frameworkInitially, Bergmästaien stated that the Land and Environment Court, within the framework of its review, had taken a position on the environmental impact assessment pursuant to Chapter 6 of the Environmental Code, authorisation pursuant to Chapter 7, Section 28a of the Environmental Code (Natura 2000) and the management provisions in Chapters 3 and 4 of the Environmental Code. At the time of this decision, the judgement of the Land and Regional Court has not become final.
According to Chapter 4, Section 2, fourth paragraph of the Minerals Act, if a case concerning the granting of a licence relates to an activity that is also to be examined under the Environmental Code or other laws, Chapters 3 and 4 of the Environmental Code are only to be applied in the examination that takes place in the licence case. In the explanatory memorandum (pt. 1997/98:90, pp. 211-214) it is stated that this arrangement is justified by the fact that the mining and mineral industry in Sweden is a basic industry of economic importance to society. This would be seriously jeopardised if the provision in Chapter 4, Section 2, fourth paragraph, restricting the application of the household exemption provisions were removed. It was considered doubtful whether exploration would take place at all if the holder of an exploitation licence was unable to use the licence because it was decided at a subsequent environmental review - often several years later - that the land should be used for some other purpose. The regulation in the Minerals Act is thus intended to ensure that the assessment under Chapters 3 and 4 of the Environmental Code is carried out as early as possible and on only one occasion (cf. HFD 2016, no. 21).
The question of res judicata in application cases before the Land and Environment Court is regulated in Chapter 24, Section 1 of the Environmental Code. This provision states, inter alia, that if a judgement or decision handed down in an application case pursuant to Chapter 21, Section 1a, first paragraph, concerns a permit for an activity pursuant to the Code and the judgement or decision has acquired legal force, the permit applies to all, as regards matters that have been examined in the judgement or decision. However, as stated in the literature2 , the scope of the authorisation is limited in various respects, although this is not clearly stated in the section. In any case, however, a permit granted in an application seems to have 'transcategorical' legal force, which means that a permit judgement has legal force in relation to a patent application under the Environmental Code by other authorities - and then with regard to matters explicitly regulated in
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