The other topic of improving the approval process. I didn't know these documents yet.
Talga should actually be paid for the work helping to rectify the mistakes of the previous governments.
"To:
Government Offices
Ministry of Climate and Economic Affairs
E-mail:
kn.xxx@regeringskansliet.se Copy:
lxxx.lxxx-pxxx@regeringskansliet.se
Consultation response to the memorandum Natura 2000 permit when applying for an exploitation concession under the Minerals Act (Ds 2023:5).
Summary
Talga welcomes the investigation and wholeheartedly supports the intention of the proposed changes. We also welcome further changes to the permit system in Sweden that make it possible to approve admissible new mines within a reasonable time. We note that the permits for Talga's first planned Swedish mine
Nunasvaara sƶdra are now in the fifth year of formal processes without a final decision.
Unreasonably long authorisation processes cannot be accepted as they risk unnecessarily thwarting investments for Sweden. Talga notes that part of the delay in granting the permit for
Nunasvaara South is due to legislative procedures that prohibit the authorities from processing permits in parallel under the Minerals Act and the Environmental Code.
Talga is in
favour of the assessment of Natura 2000 permits, in cases where such a permit is required, not having to be carried out in connection with the assessment of the application for a processing concession under the Minerals Act (1991:45).
The rule changes should enter into force as soon as possible, which would facilitate the finalisation of currently ongoing authorisation processes that are ready for decision.
Talga's positions
- Talga supports that the Minerals Act, as proposed on page 77 of the memorandum, refers to Chapter 3 and Chapter 4, sections 2-7 of the Environmental Code instead of the entire Chapter 3-4 of the Environmental Code. The direct reference to Chapter 4. Section 8 of the Environmental Code is thereby removed. This means that any Natura 2000 assessment can be carried out in connection with the assessment of the environmental permit. In this way, the Natura 2000 assessment can be carried out when the entire scope of a project is known and the EU law requirements for a complete, precise and final assessment can thus be met.
The investigator appears to have made the judgement that the reference to Chapter 4, section 1 of the Environmental Code can be deleted, but the proposed legislation still refers to Chapter 4, sections 1-7 of the Environmental Code. Even if it is clear what the purpose of the investigator's amendments is, this may be unclear from a legal point of view since Chapter 4, section 1 of the Environmental Code refers to Chapter 4, section 8 of the Environmental Code. Section 8 of the Environmental Code.
In order to avoid future objections of a purely formal nature, Talga proposes that it be clarified in the Minerals Act that Chapter 4, Section 8 of the Environmental Code shall not be applied in the assessment of processing licences. 8 of the Environmental Code shall not be applied in the assessment of a processing licence, despite the fact that Chapter 4, Section 1 of the same Act refers to this provision.
Rapporteur's proposal for the legal text | Talga's draft legislative text |
Chapter 4, section 2, third paragraph of the Minerals Act (stated as the second paragraph in the memorandum).
In matters concerning the granting of a licence, Chapter 3, Chapter 4, sections 1-7 and Chapter 5, section 18 of the Environmental Code shall apply. | Chapter 4, section 2, third paragraph of the Minerals Act (stated as the second paragraph in the memorandum).
In matters concerning the granting of a licence, Chapters 3, 4, Sections 1-7 and 5, Chapter 18 of the Environmental Code shall apply. This applies with the exception of the reference made in Chapter 4, section 1 of the Environmental Code to Chapter 4, section 8 of the same Act. Section 8 of the same Act. |
A corresponding addition should also be made in other parts of the Minerals Act where reference is made to Chapter 4, section 1 of the Environmental Code.
Chapter 4, section 2, fifth paragraph of the Minerals Act states that, in cases of granting a processing licence, a specific environmental assessment must be carried out in accordance with Chapter 6, sections 28-46 of the Environmental Code. With reference to the fact that the examination of an exploitation licence only concerns a few individual chapters of the Environmental Code, it is doubtful whether it is reasonable to require a specific environmental assessment to be produced. At present, it is often required that the environmental impact assessment that is prepared prior to the assessment of a processing licence should contain information that cannot be considered relevant to what is to be assessed.
In order to clarify that the environmental impact assessment should only contain information that is relevant to the licence assessment, Talga proposes that the following amendment be made to the Minerals Act:
Current wording | Talga's proposed wording |
Chapter 4, section 2, fifth paragraph
In cases of granting a licence, a specific environmental assessment must be carried out, information must be provided and coordination must take place in accordance with Chapter 6, sections 28-46 of the Environmental Code. | Chapter 4, section 2, fifth paragraph
In cases of granting a licence, a specific environmental assessment must be carried out, information must be provided and coordination must take place in accordance with Chapter 6, sections 28-46 of the Environmental Code.
The content of the environmental impact assessment can be limited to the information needed for the assessment.
the granting of a licence. |
Such an amendment clarifies that the evidence should be relevant to what is actually to be assessed, which would lead to a more efficient authorisation process.
Talga believes that it is of the utmost importance that the proposed amendments enter into force earlier than the proposed date of 1 July 2024. There is no need for time to adjust between the adopted amendment and entry into force for any of the parties or interested parties. This would promote the completion of currently ongoing authorisation processes that are ready for decision.
This case was decided by Martin Phillips. Emma SjƤlin and Peter French acted as rapporteurs."
https://www.regeringen.se/contentassets/6a6b5e9c3251438fa0668c8a1101aada/talga.pdf
more Infos - Talga involved:
Legislative Council referral
Natura 2000 permit in connection with an application
for a processing licence under the Minerals Act
The Government submits this referral to the Legislative Council.
Stockholm, 29 February 2024
Ebba Busch
https://www.regeringen.se/contentassets/0254ed4a667d4c0ea83588fc8f72753d/natura-2000-tillstand-i-samband-med-ansokan-om-bearbetningskoncession-enligt-minerallagen.pdf
I'll be honest with you. I don't feel like reading this - LoL.
now