Part 2/2
"2 See Lindblom, Environmental Procedure Part II (2002); the questions of res judicata in application cases have been dealt with in detail in Chapter 14, pp. 648 ff.
the authorisation decision. It should therefore be possible for questions regulated in the authorisation to be reviewed by an authority other than the Court of Justice in accordance with the same law as was applied when the authorisation was examined.
In light of the fact that the decision of the Land and Environment Court has trite gained legal force, there is trite hellez xättskraft in the court's judgement. In addition, the amendment to the Minerals Act (2024:325), which came into force on 1 July 2024, means that the mining master can grant an exploitation concession even though the issue of Natura 2000 permits has not been finally decided. Therefore, within the framework of this decision, the Mining Authority has to take a position on Chapters 3, 4, 1-7 and 6, 28-46 of the Environmental Code in accordance with the new wording of Chapter 4, Section 2 of the Minerals Act.
The ore evidence
A mineral deposit report is a statement of the results of the exploration work, the geological and geophysical data that have been compiled and other information that may be of importance in determining whether an economically exploitable deposit has been found. The ore evidence consists of two parts: a statement of the extent to which the deposit in question is known, and a statement to show that the deposit is likely to be economically exploitable.
The documents in the case show that there are estimated mineral resources within Nunasvaara Södra IN No. 1, which are divided between an indicated mineral resource of 8,900,000 tonnes of ore and an inferred mineral resource estimated at 1,500,000 tonnes of ore.
The Mineral Resource has been estimated in accordance with the 2012 edition of the Joint Ore Reserves Committee (JORC). The documents submitted have been examined, analysed and approved by a qualified person.
In the light of the evidence submitted by the applicant, the Authority considers that sufficient exploration work has been carried out to demonstrate the existence of mineralisation within the concession area applied for. It also states that sufficient exploration work has been carried out to enable the mineral resources to be assessed with sufficient certainty to form the basis for an assessment of economic viability.
The applicant has provided detailed estimates of the capital and operating costs of mining and processing ore within the licence area applied for.
Against this background and what the applicant has stated regarding processing and costs, the Government of Greenland considers that it has been shown that a deposit that can probably be utilised economically has been found in Nunasvaara Södra K No. 1.
A.a. pp. 697-702 (section 2.2.S).
Amount and nature of the deposit
With regard to the location of the deposit, the Mining Inspector makes the following assessment. The soil conditions at the site do not prevent the granting of the concession in question. the deposit does not interfere with or obstruct the exploitation licence of any other undertaking.
In the case of an application for a mining concession, the nature of the deposit may be of particular importance in that it is important from a national point of view that the deposit be exploited by a particular operator. The concession covers the concession mineral graphite. Graphite is considered a strategic mineral (EU list of critical and strategic minerals). In the opinion of the Mining Authority, it is therefore a mineral of particular importance from a national or foreign policy point of view. However, the Mining Authority does not question the applicant's suitability as an operator. The nature of the deposit does not therefore militate against granting the licence in question.
Finally, the concessionaire may also state that the concession area is not covered by a zoning plan or an unauthorised use orderx.
Environmental impact assessment and the application of the management provisions of the Environmental Code
In accordance with Chapter 8, Section 1 of the Environmental Impact Assessment Act, the Chief Mining Inspector has consulted with the County Administrative Board of Noxrbotten regarding the application of Chapter 3, Chapter 4, Sections 1-7 and Chapter 6, Sections 28-46 of the Environmental Code. Through this consultation process, the County Administrative Board has emphasised that the information in the environmental impact assessment must be of the scope and level of detail required for the assessment of the licence application. The county administrative board assesses that the prepared environmental impact assessment, with the supplementary information submitted by the applicant, fulfils the requirements of Chapter 6 of the Environmental Code and that no further supplementary information is needed. Furthermore, the County Administrative Board states that it is in favour of the State of Åland granting the processing concession applied for.
The basic principle in the exercise of maximum utilisation is that land and water areas shall be used for the purpose or purposes for which they are best suited, taking into account their nature and location and the needs that exist. Preference shall be given to such use as will result in good management from the general point of view.
The Mining Master finds, like the Land and Environment Court, that the limitation of the environmental impact assessment to only include the Nunasvaara Södra IN nx 1 processing licence with related activities does not prevent it from being used as a basis for an examination of the merits.
Furthermore, the Inspector finds no reason to deviate from the assessment made by the County Administrative Board in the case. The Inspector therefore considers that the environmental impact assessment fulfils the requirements
content and can be approved. Furthermore, the Authority is of the opinion that, when applying Chapter 3 and Chapter 4, Sections 1-7 of the Environmental Code, there are no obstacles to granting the Nunasvaara Sö'1ra C No. 1 processing licence.
Finalisation of the environmental assessment
The Authority has found that the EIS fulfils the content requirements and can be approved. The specific environmental assessment can therefore be finalised. When deciding on the issue of a processing licence, the Commissioner will complete the environmental assessment by identifying, describing and making a final and overall assessment of the environmental effects, taking into account the content of the EIA report and the information obtained during the processing of the case.
As stated above, the applicant does not yet have a legally valid environmental permit for the operations at Nunasvaara Södra IN nx 1. The Land and Environment Court has issued a judgement (case no. M 1573-20) on the matter and has imposed a number of conditions for, for example, blasting, bullex, storage of chemicals and hazardous waste, harvesting, reindeer husbandry, discharges to water, construction of the operation, aftercare, ecological compensation, species protection, financial security and control programmes.
The Minister has to take a position on the environmental effects arising from the granting of the mining licence. The Land and Environment Court has to assess the full consequences of the entire operation and has summarised that the impact of the operation in question is relatively limited in relation to other mines in the county and that, in terms of the scale of the mining operation, it can be compared to a relatively ordinary quarry.
Based on the content of the environmental impact assessment and other information in the case, the mining engineer has identified the following environmental effects that may result from the decision to grant the requested processing licence
It can be concluded that there will be a small impact on noise during the first three years of operation. As production in the open-cast mine takes place, crushing activities, etc. will be reduced and additional noise pollution will occur. The applicant also intends to carry out mitigation of the noise levels. In order to reduce the impact on both the tin industry and outdoor life, the applicant will restrict light scattering outside the area of the plant and measures will be taken to minimise dust. Assuming that potentially toxic water is meant, there is no reason to assess any risk of unacceptable environmental impact on neighbouring water bodies. In conclusion, the Commission considers that
the environmental effects identified in the application as mainly minor but in some cases moderate, on the basis that they are mainly localised and in some cases reversible. The Mining Inspector finds that the applicant has satisfactorily identified, described and assessed the environmental effects of the applied for processing licence.
Overall assessment of the conditions for an exploitation licence
The Mining Inspector finds that there is no obstacle to granting the application for a processing licence for Nunasvaara Södra IN nz 1. This is based on the assessment made with regard to ore evidence, the conditions of the exploration and the nature of the deposit. Furthermore, the Mining Inspector has found that the licence is not in conflict with the local development plan or zoning regulations.
Against this background, Bergmästaxen considers that the conditions for granting the licence applied for are met.
Terms and conditions
According to Chapter 4. Section 5 of the Minerals Act, an exploitation concession shall be subject to the conditions necessary to protect public interests or private rights, or to ensure that the natural resources are exploited and utilised in an appropriate manner.
The applicant proposes that the exploitation licence be subject to the following conditions.
The company shall conduct annual consultations with Talma Sami village and Gabna Sami village with the aim of minimising the negative impact of its activities on reindeer husbandry. No later than two months after the consultation, the company must submit a report on the consultation to the mayor.
Both the Mining Authority and the County Administrative Board consider that the conditional release is appropriate and should be prescribed.
As regards the County Administrative Board's view that the Minister for Mines should prescribe conditions concerning the limits on when in the year blasting, drilling, crushing and transport may take place, the Minister for Mines considers the following. A mining licence gives the holder the exclusive right to extract ore in a specific area. The operation of a mine is an environmentally hazardous activity which may not be commenced until a licence under the Environmental Code has been obtained. Against this background, the mining industry considers that conditions restricting the time of year when certain production may take place are most appropriately prescribed by the land and environment court.
Economic security
According to Chapter 4. 6 of the Mining Act, a licence holder shall be required to provide security for the fulfilment of its obligations under Chapter 13, Section 4 of the Mining Act, unless there are special reasons to the contrary. 4 of the Mining Act shall be fulfilled, unless there are special reasons for otherwise. Chapter 13. 4 of the Minerals Act states that, insofar as it is justified from a public or individual point of view, the concession holder shall carry out follow-up work and remove installations other than those specified in Chapter 13, Section 3 of the Minerals Act. It is clear from the same provision that it does not entail any restriction on the concessionaire's obligation under Chapter 2, Section 8 or Chapter 10 of the Environmental Code. 8 or Chapter 10 of the Environmental Code.
According to Chapter 13, Section 3 of the Minerals Act, buildings constructed for the strength and durability of the mine or similar facility, such as the lining of drill holes, fencing and equipment for travelling up and down the mine, must be left in place. The security to be provided applies to other facilities, such as hoisting equipment and other facilities made for mining operations that are located on designated land.4
The application documents state that a new industrial estate will be built to serve the applicant's entire graphite project. The facilities to be built include a concentrator, primary crusher, secondary crusher, water treatment plant and block sawing plant, as well as administration buildings, parking, workshop and maintenance facilities, laboratories, etc. The applicant's rehabilitation plan states that it intends to dismantle the building on the industrial site and remove above-ground pipes and plug buried pipes, and then restore the area by adding soil and vegetation.
Against this background, the Minister is of the opinion that the applicant must, no later than when the notification of mining operations pursuant to Section 57 of the Minerals Ordinance is made, submit a financial security of SEK 1 000 000. The security constitutes a guarantee for the initial setting-up costs at the time the licence is granted, as set out in Chapter 13, Section 4 of the Mining Act. 4 § Minetallagen and which will be determined in connection with the termination of the licence.
Service of the decision
The affected property owners and other known parties are notified of this decision by ordinary service with acknowledgement of receipt.
The Minister decides that others who have the right to appeal against the decision on the processing licence shall be notified of this by publication in the newspaper Noriländska socialdemokraten and in Post- och Iniikes Tidningar.
How to appeal
Anyone who is served with this decision by ordinary service with a receipt of service may appeal against the decision to the Government, Ministry of Trade and Industry, within the time limit specified in the appeal reference (Appendix 2).
Anyone who is notified of this decision by public notice may appeal against the decision to the Government, Department of Hate Crime and Cybercrime, by 21 November 2024 at the latest, as indicated in the appeal reference (Annex 3).
See Bill 1988:89/92, p. 124 f. and L. Delin, Minexallagen med kontinentalsockellagen (1996), p. 206 f.
The Chief Mining Officer recalls that
The applicant is reminded that land may be utilised for the exploitation of the deposit only if the land has been allocated in accordance with the provisions of Chapter 9 of the Mining Act. Applications for land allocation must be made in writing to the Mining Authority.
The applicant is further informed that if it intends to conduct exploration work within the concession area on land that has not been designated, the rules on exploration plans (Chapter 3, Sections 3-5 f of the Minerals Act) shall apply. In such cases, the applicant is obliged to provide a translation of the exploration plan in Finnish, Rrieänkieli or Sami if the exploration is to be carried out in an area that coincides wholly or partly with the administrative area of the language in accordance with Section 6 of the Act (2009:724) on National Minorities and Minority Languages. Requests for translation may be made in writing to the applicant by property owners or holders of special land affected by planned works under the work plan. The request for translation must reach the applicant within ten days of notification of the decision on the exploitation concession.
Those involved in the decision
The decision in this case was taken by the Mayor, H. I., after a presentation by E. W., a lawyer. S. A., mining engineer, also participated in the final decision.
H. K.
E. W.
A copy of the decision will be sent to the County Administrative Board of Norrbotten, Lantmäteriet, Kiruna municipality and the Sami Parliament.
Annexes
Annex 1, Map of the concession area, drawn up on 25 May 2020 Annex 2, Appeal referral, notice of appeal
Annex 3, Complaint referral, notification of publication
MOUNTAIN STATE
Appeal reference for service with a receipt of service
If you have taken note of the decision by having it sent to you together with a receipt of service, we must do the following to appeal the decision of the Mining Authority. First, sign the acknowledgement of receipt and send it to the Mining Authority. This is only a confirmation that you have taken note of the decision. It does not mean that you have accepted the decision.
You then have
three weeks from the date you signed the acknowledgement of receipt to write a statement of defence and send it to the Bexg State.
The complaint must be in writing and addressed to the Government, Ministry of Trade and Industry
, but sent to Bergsstaten, Box 43, 5E-971 02 Luleå or
mineinapectKber£rbataten.se
In your complaint, please specify:
Which decision you are appealing, please indicate the date of the decision.
Why you think the decision should be changed and what change you want.
You must provide your name, telephone number, postal address and e-mail address.
If you appoint a proxy, please provide the name, telephone number, postal address and e-mail address of the proxy.
Your appeal must be received by the Mining Authority within three weeks of the date on which you received the decision.
However, if you are a party representing the public interest, the appeal must
be received
within three weeks of the date of notification of the decision.
If you need information on how to lodge an appeal, you can contact the Swedish
National Board of Health and Welfare by e-mail or by telephone on 0920-23 79 00.
MOUNTAIN STATE
Reference for appeal in the case of notification of an announcement
If you have learnt of the decision by reading about it in a newspaper, the following applies to appeals against the decision of the mining authority.
The appeal must be in writing and addressed to the Government, Ministry of Climate and Business Affairs
, but sent to Beigsstaten, Box 43, 5E-971 02 Luleå or
miDeinspect iiberesstaten.ee
In the appeal, you should specify:
Which decision you are appealing against, indicate the decision's reference numberx. Why you think the decision should be changed and what change you want.
You must provide your name, telephone number, postal address and e-mail address.
If you use a representative, please provide the name, telephone number, postal address and e-mail address of the representative.
An appeal must be received by the Member State
by 21 November 2024.
If you need information or an appeal, you can contact Bergsstaten, via email ein ec e t or telephone 0920-23 79 00."
____
I corrected "I na" => Kiruna
_____________
corrected:
"How to appeal
Anyone who has been served with this decision by ordinary service with a confirmation of service may appeal against the decision to the Government, Ministry of Climate and Energy within the period specified in the notice of appeal (Annex 2).
Any person who has been served with this decision by public notice may appeal against the decision to the Government, Ministry of Climate and Economic Affairs by 21 November 2024 at the latest, as also indicated in the notice of appeal (Annex 3)."
and:
"Appeals by notification with acknowledgement of receipt
If you have taken note of the decision by having it sent to you together with a receipt of service, you should proceed as follows to appeal the decision of the Mining Officer.
Start by signing the acknowledgement of receipt and sending it to the competent authority. This is only an acknowledgement that you have read the decision. It does not mean that you have accepted the decision.
You then have three weeks from the date you signed the acknowledgement of receipt to write your appeal and send it to the Bergsstaten.
The appeal must be in writing and addressed to the Government, Ministry of Climate and Business Affairs, but sent to Bergsstaten, Box 43, SE-97102 Luleå or
mineinspect@berssstaten.se
In the appeal you must state:
- Which decision you are appealing, stating the date of the decision.
- Why you consider that the decision should be changed and what change you want.
- You should give your name, telephone number, postal address and e-mail address.
- If you are represented by a representative, give the representative's name, telephone number, postal address and e-mail address.
Your appeal must be received by Bergsstaten within two weeks of the date on which you received the decision.
However, if you are a party representing the general public, the appeal must be received within three weeks of the date on which the decision was notified.
If you need information on how to appeal, you can contact Bergsstaten, via email mineinspect@.bergsstaten.se or telephone 0920-23 79 00."
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Chp. 7.1
