@beserk I found it in Finland!
part o the verdict:
24 Conditions
"General condition
1.) The business must be conducted, facilities designed and work carried out in main accordance with what the company has stated in the application documents and has otherwise stated or undertaken in the case, unless otherwise stated in this judgment.
Explosions
2.) Blasting in open pits may only be carried out on weekdays during the day between 07.00-18.00 after a predetermined time and after a clear audible warning signal. Nearby residents who wish to do so must be informed about times for blasting.
3.) Blasting in the open pits must be carried out so that vibrations in the nearest homes are minimized. Vibrations as a result of blasting in the open pits must not result in a higher oscillation speed in the vertical direction in the housing's supporting basic structure such as plinth or plinth than 5 mm/s in more than 5% of the blasting occasions per calendar year and never exceed 7 mm/s.
Control of ground vibrations must take place at each blasting occasion by measuring at a nearby residential building. Measurement must comply with SS 4604866:2011.
4.) Air shock waves resulting from the blasts in the opencast mines must not exceed 100 pascal free field value in more than 5% of the blasting occasions per calendar year and must never exceed 200 pascal. Control of air shock waves must take place at each blasting occasion by measuring at a nearby residential building. Measurement must follow SS 02 52 10.
Noise
5.) Noise from construction work other than particularly noisy construction work (such as drilling, rock knocking and piling) must not give rise to a higher equivalent noise level at homes than
| Non-holiday Monday – Friday (day) | At 07.00-19.00 | 60dBA |
| Weekend off Monday – Friday (evening) | At 19.00-22.00 | 50 dBA |
| Saturday, Sunday and holiday (day) | At 07.00-19.00 | 50 dBA |
| Saturday, Sunday and holiday (evening) | At 19.00-22.00 | 45 dBA |
| At night | At 22.00-07.00 | 45 dBA |
Particularly noisy construction work may only be carried out on weekdays at 07.00-19.00.
6.) Noise from the activity must not give rise to a higher equivalent noise level at homes
Non-holiday Monday – Friday (day) At 06.00-18.00 50 dBA
Night time At 22.00-06.00 40 dBA
Other times 45 dBA
Work steps that can typically result in instantaneous noise levels above 55 dBA in homes may not be carried out at night.
Control must take place through immission measurements or through near-field measurements and calculations. An initial check must take place within three months from when all parts of the business that may cause noise have been put into operation. Inspections must then take place as soon as there have been changes in the operation that may lead to increased noise levels, but at least once a year.
Chemicals and hazardous waste
7.) Storage of chemicals and liquid hazardous waste may only occur on an embanked and sealed surface equipped with rain protection. The embankment must contain the volume of the largest storage vessel and 10% of the total volume of other storage vessels. The storage must be protected against collision. Spills and leaks must be collected and taken care of immediately.
Dusting
8.) Measures must be taken to limit the spread of dust that may pose a nuisance to human health and the environment.
Reindeer nutrition
9.) The company must annually carry out consultations with Talma Sami village and Gabna Sami village with the aim of minimizing the negative impact of the operation on the reindeer husbandry. The company must provide information in the environmental report that consultations have been held during the year.
10.) During the period from 1 December to 31 May inclusive, the company may not carry out blasting or drilling for production in the open pits, primary crushing of mined ore or transport of ore or waste rock from the open pits.
Release to water
11.) County retention water, contact water and potentially contaminated water must undergo purification before it is allowed to overflow into Hosiojärvi (county retention water from open pits, runoff from industrial areas, ore stockpiles and non-final-covered parts of sand and waste rock reservoirs, leachate from the sand and waste rock reservoir, water from cells for sludge and process water from the concentrator).
Facility
12) Ditches, pump pits, basins and other plant parts that handle the water that is intended to undergo purification must be tight. Relationship drawings must be submitted to the supervisory authority at a time determined in consultation with the supervisory authority.
13) Breakaway masses of moraine and peat and such masses that are otherwise taken out of the business must be used in the business or stored to the extent required for the post-processing of the business and used for this purpose. The company must report to the supervisory authority the planned design of moraine storage before the construction of such moraine storage begins, and must then annually report to the supervisory authority a balance of the amount of moraine stored and consumed.
14) The sand and gravel reservoir must, with the exception of parts of the gravel embankment, be constructed with a foundation consisting of a liner, which is connected to a collecting ditch. Drainage systems must be installed under the respective upper liner and with separation of the respective drainage water. Construction of the sand and gray rock reservoir can take place in stages.
Inspection of completed construction works (complete and in stages) must be carried out by an independent inspector, who is appointed by the company after consultation with the supervisory authority. The inspection report and relationship drawings must be submitted to the supervisory authority at a time determined in consultation with the supervisory authority.
Finishing
15) The waste in the sand and waste rock storage must be covered with a qualified cover. Covering must begin within one year from when the surface, or part of it, is completed to its final form.
16) Backfilling in open pits that are above the equilibrium level for groundwater in the respective open pits must be covered with qualified coverage. Coverage must begin within one year of the completion of backfilling of an open pit.
17) The qualified cover must be designed and carried out with criteria to ensure that the oxygen transport rate through the cover in a normal year is limited to a maximum of 0.5 mol/m 2 and year. The cover must be designed with a 0.5 m thick sealing layer of moraine mixed with bentonite, a 2 m thick protective layer of moraine and a 0.1 meter thick plant establishment layer that is vegetated, or another design that provides an equivalent oxygen transport rate.
18) An implementation description for final post-processing must be submitted to the supervisory authority no later than one year before the operation is planned to finally cease.
Ecological compensation
19) The company must carry out measures to compensate for the loss of natural values that arise through the operation. The compensation measures must correspond to at least 115% of the impact value, calculated according to the CLImB calculation model or a similar calculation model. The compensation area must be located within Kiruna municipality or, alternatively within Norrbotten county. The compensation plan
must be drawn up in consultation with the supervisory authority and submitted to the supervisory authority no later than one year from when the permit has gained legal force and has been used or later if the supervisory authority so allows. The supervisory authority may then decide on compensatory measures.
Species protection
20.) Felling within the area of operation may not take place during the period from May 1 to July 31 inclusive.
Financial security (SEK 1 ≅ € 0.09 ≅ AUD 0.14)
21.) The company must provide financial security for costs for carrying out the restoration measures that the business may cause as follows
a) Basic security must be provided with SEK 140 million (140,000,000). The security must be submitted to the Land and Environmental Court for review no later than three months after the legally binding permit judgment.
b) Security for post-treatment of the sand and gray rock reservoir must be set up in stages so that it finally covers a total of SEK 85 million (85,000,000) as follows
- a security of SEK 30 million (30,000,000) must be submitted to the Land and Environmental Court for review no later than two years after the permit has been claimed,
- security of SEK 25 million (25,000,000) must be submitted to the Land and Environmental Court for review no later than five years after the permit has been claimed, and
- security of SEK 30 million (30,000,000) must be submitted to the Land and Environmental Court for review no later than seven years after the permit has been claimed.
When the basic security according to point a) is to be provided, the amount must be calculated using the consumer price index. When the staged security according to point b) is to be provided, both the basic security and the staged amount/s must be calculated using the consumer price index. January 2020
shall constitute the base month and calculation shall take place against the latest valid consumer price index as of the day the security is submitted to the court.
Control
22.) The company must draw up a special control program regarding conditions 15-17 that ensures and documents that the coverage meets the requirements in condition 17. The control program and relevant relationship drawings must be submitted to the supervisory authority before coverage begins.
23.) A program for self-control regarding the construction phase of planned facilities must be drawn up and reported to the supervisory authority no later than one month before construction work is intended to begin. The control program must specify measurement methods, measurement frequency and evaluation method.
24.) A program for self-control regarding the operation of the business must be reported to the supervisory authority no later than three months before the intended commencement of mining operations. The control program must specify measurement methods, measurement frequency and evaluation method."
link to the PDF (the whole verdict in 191 pages)
_____
Legal fees
The Land and Environment Court rejects the respective claims of Sami Village Gabna and Talma Sami for legal costs.
AN APPEAL.
The Land and Environment Court dismisses the claims of xxx, xxx, xxx and xxx, xxx and xxx for financial compensation due to the mining activity applied.
An excerpt from the court verdict:
The costs are described in detail in the upper part, here only the summary at the end.
"...
OTHER CLAIMS
Claims for damages
In the course of the proceedings, xxx, yyy and zzz have filed claims for compensation. aaa, bbb and ccc have stated that they wish to claim compensation, but have not substantiated these claims in the course of the proceedings.
The company has opposed all claims for compensation, stating that the compensation claimed relates to the part of the company's activities that constitute environmentally hazardous activities within the meaning of Chapter 9 of the Environmental Act and that compensation arising from such activities should not be claimed as part of a permit application for such activities and that parties wishing to claim such compensation are directed to file a
separate action under Chapter 32 of the Environmental Act.
The Land and Environment Court agrees with the company's assessment that the claims for compensation asserted relate to the effects of environmentally hazardous activities and therefore cannot be examined in the context of the present proceedings.
The claims are therefore dismissed.
Fisheries levy
mmm and nnn have indicated that consideration should be given to whether a fisheries levy should be imposed in conjunction with a licence. The County Council has stressed that a fisheries levy can be seen as compensation for the impact on the aquatic environment. The company has opposed a fisheries levy, stating that it is not relevant as there is no risk of harm to fish species in the Torne and Kalix
river systems. With regard to the comment of the district administration, the company has undertaken in the main hearing to include the aquatic environment in the further investigation of ecological compensation.
The court does not consider that the activity has such an impact on fisheries interests as to warrant a special fisheries levy under Chapter 6. Section 5 of the Act containing special provisions for activities on
water bodies. The proposed activities also do not constitute grounds for the imposition of a general fisheries levy under Section 6 of Chapter 6 of the Act containing special provisions for activities on
water bodies. Section 6 of the Act containing special provisions for activities on
water bodies.
Other claims
To the extent that the claims asserted by the Respondents and Defendants have not been satisfied or substantiated by the decision of the District Court and the Environment Court, or otherwise conceded by the Claimant,
the Court sees no reason to allow those claims.
COSTS
Examination fee
In its decision of 3 June 2020, the Land and Environment Court ruled that the applicant must pay an audit fee of
SEK 61,000 in accordance with the Regulation on Fees for Audit and Monitoring under the Environmental Code.
The company stated at the main hearing that the assessment fee decided and paid is correctly calculated. The court sees no reason to change the previous decision on the assessment fee.
The fee is therefore finally set at the same amount.
Costs of the proceedings
Gabna Sameby has applied for compensation for legal fees of SEK 126,602, of which SEK 64,000 is for her own work (16 working days at SEK 4,000 each), SEK 48,000 is for attendance at the main hearing by three persons over four days, SEK 4,802 is for travel to the main hearing (SEK 35 per kilometre) and SEK 9,800 is for accommodation. Gabna Sameby has stated that the costs are partly due to the requested
water activities.
Talma Sameby has applied for compensation for legal costs totalling SEK 1,748,264, of which SEK 1,296,000 is for lawyers' fees, SEK 145,800 is for loss of time, SEK 88,584 is for lawyers' fees, SEK 177,000 is for loss of income of the Sameby representative and SEK 40,880 is for accommodation, travel and meals of the Sameby representative. Talma Sameby has argued that reindeer husbandry has a natural connection with the
water activities applied for, which include
Lake Hosiojärvi, Västra and Östra bäcken and the surrounding marshes, and that there is a risk that reindeer husbandry in the sameby will be affected in the way described at the main hearing. Talma Sameby has emphasised that the company confirmed at the hearing that the study of
water activities was taken into account in the company's assessment of the impact on reindeer husbandry and that the presence of representatives and deputies of the Sami village at the hearing was necessary to safeguard the rights of the Sami village.
The company has objected to the legal costs claimed by the Sami. In summary, the company has objected that no part of the costs can be linked to the fact that the Sami villages are affected by the
water activities in question, particularly in the case of the Sami village of Gabna, which has grazing land to the south of the operational area and is only affected in these parts. The company has stressed that the requested
water activities are very limited and only involve a small withdrawal of surface
water from the Hosiojärvi River, the diversion of
groundwater from the open pit and other parts related to the construction of
water bodies. The company has emphasised that the damage to which the Sami village of Talma may be exposed is theoretical or completely insignificant, and that the expected altered
water flows in the eastern and western streams will have only an insignificant impact on the Sami village and reindeer husbandry. The company has also argued that the arguments raised by the Sami villages in correspondence and at the main hearing concerned the environmentally hazardous activities and that if there is a right to compensation in any form, there should be a substantial reduction and apportionment of the costs claimed. The company has not accepted any amounts per se as reasonable.
The case relates to both the granting of permits for environmentally hazardous activities and
water management activities, and the starting point for the assessment is that the right to compensation for legal costs relates only to the part of the case concerning
water management activities (Chapter 25, Sections 1-2 of the Environmental Code and the PSI 2010:39 case). Furthermore, if costs have not been awarded by the opposing party, they can only be compensated if they are considered reasonable in relation to what they relate to (Chapter 18, Section 8 of the Judicial Code).
In NJA 2004 p. 590, the Supreme Court held that in an application for a
water activity permit, the owner of land refers to any person who may suffer harm or be exposed to other inconvenience as a result of the activity for which a permit is sought, if the risk of harm or inconvenience relates to an interest protected by the law and is not merely theoretical or wholly insignificant.
The
Land and Environment Court finds that the
water activities in this case involve the diversion of
groundwater flowing into an open-cast mine, the diversion of surface
water from Hosiojärvi, the filling of small surface
water bodies, the construction of ditches and settling and septic tanks. The Sami village of Talma has its winter pastures where the industrial area will be built and the
water activities will be carried out. The village of Gabna Sami has its land outside the area where the
water activities are to be carried out. In the court's view, the inconvenience and potential impact on reindeer herding due to the environmentally hazardous activity and the impact of the requested
water activity are so minor that the Samebys are not entitled to compensation according to established practice.
The respective applications of Gabna Sameby and Talma Sameby for compensation for the costs of the proceedings should therefore be rejected.
..."
So for now, only a full A$8,484 exam fee is due.)
and, of course, the security we have to build up in the progress for the restoration.
=>
You can see how one-sided everything here is about
water. The party responsible for this is the one that has established Natura2000 in Sweden as a weapon against which Brussels is now taking action.
But if you take a closer look at the verdict you will also see how exactly the court proceeded and also that Talga fought back and has very good legal counsel with MANNHEIMER SWARTLING (
link to document). I completely understand why PEL considers this judgement to be well done.
But all this does not answer the question that originally arose about the compensation due to the parties of interest. So read here an excerpt from the page of the Sami Parliament itself.
"...
The rights holders - the Sami Parliament, the affected Sami and the affected Sami reindeer husbandry and economic districts -
have the right to a share of the profits (royalties) from mineral and ore mining under Article 26 of the UN Declaration on the Rights of Indigenous Peoples. Today, landowners are entitled to a mineral
compensation of
1.5 ppm of the calculated value of the ore mined during the year. If there is more than one property within the concession area, the compensation is calculated according to the proportion of area of each property.
The company also pays 0.5 ppm to the government. In total, the company pays 2 ppm based on the ore mined.
..."
https://www.sametinget.se/mining
120,000 (t max) x 0,25 (% ~purity) x 9000 ($ ~price battery grade graphite) x 0,00015 (ppm) ≙ $40,500 ≅ SEK440,747 ≅ A$61,287 ≅ €37,252
I hope this is correct please correct me if not.
So anything beyond that is benevolence for which they might be grateful for the voluntariness.
No wonder they want more of the cake. I would feel the same way. What the state gets is a gift, but they earn from the downstream turnover and sales tax and jobs and all the other expenses.
And bear in mind that the Sami parliament's revenues have plummeted - they have a financing problem on top of the leadership problem.
www.domstol.se
