Responsible mining and mining legislation in Finland Finnish-Russian sustainable mining research seminar University of Eastern Finland 9 Feb 2016, Joensuu Ismo Pölönen Senior lecturer, docent of environmental law, UEF Law School
Focus of the presentation How environmental and social sustainability are reflected in the Finnish mining legislation? What are the challenges of legal instruments from the sustainability perspective?
Legislation for sustainble mining as a whole PLANNING AND IMPACT ASSESSMENT TOOLS PERMIT AND NOTIFICATION SCHEMES GENERAL NORMS TARGET PROTECTION Land use planning + strategic environment assessment Environmental, mining and building permit procedures with PP-rights + collaterals Bans (e.g. ban to pollute groundwater) Nature and land scape conservation areas - Exception permits Environmental impact assessment for projects Notification procedures General obligations & restrictions Protection of species (fauna & flora) - Exception permits Nature impact assessment (Natura 2000 sites) Emission & quality standards Protection of cultural heritage and buildings 3
Main legal procedures from the sustainability perspective Environmental impact assessment (EIA Act 468/1994) Environmental permits & exploration and mining permits Environmental permit combined to water permit procedure (Environmental Protection Act 86/2000 and Water Act 587/2011) Exploration and mining permit procedures (Mining Act 621/2011) Land use planning procedures in three layers (Land-use and Building Act 132/1999) Permit procedure under Nuclear Energy Act (1987/1990) in cases of uranium and thorium mining.
Sustainability objectives achored in the Environmental Protection Act to prevent the pollution of the environment and to repair and reduce damage caused by pollution to safeguard a healthy, pleasant and ecologically diverse environment to prevent the generation and the harmful effects of waste to improve citizens' opportunities to influence decisions concerning the environment to promote sustainable use of natural resources, to combat climate change and support otherwise sustainable development.
Sustainability objectives in the Mining Act of 2011 to promote mining and organize the use of areas required for it, and exploration, in a socially, economically, and ecologically sustainable manner. to ensure the preconditions for mining operations and take simultaneously into account ia. landowners rights, environmental issues, and the municipalities and individuals opportunities to influence decision-making. Reflects supposition of the legislature that mining can be practiced sustainably and interests can be balanced. What if balancing is not possible (proposed mining excluding other land use interests)? Esityksen nimi / Tekijä 6.3.2016 6
EIA as a sustainability tool Mining projects likely to have significant effects on the environment (almost all) are subject to an EIA process. Includes mandatory scoping phase Requirements to consider the environmental effects of the mining projects in a comprehensive and systematic manner. Provides also a forum for public participation and consideration of alternatives. Starts in an early phase (in relation to the permit decisions) supports the quality of the alternative studies and possibilities for the public to influence the planning Esityksen nimi / Tekijä 6.3.2016 7
Participatory rights in the permitting and land-use planning procedures Besides EIA, also mining and environmental permit and land-use planning procedures provide 1) wide access to information the parties affected must be informed of the proposals / applications / plans at the early phase 2) wide rights for expressing views prior to decision-making anyone can lodge comments in the permit and land use planning processes 3) access to justice for parties affected, local NGOs, municipalities etc.
Environmental sustainability through substantivive norms Numerous provisions of environmental law set minimum requirements on the mining activities to prevent significant harmful environmental impacts and unreasonable burden. However, in this respect Mining Act is notable flexible and leaves discretion to the bodies applying law. Section 48.2: a permit shall not be granted if the mining activity causes danger to public safety, causes highly significant detrimental environmental impacts, or substantially weakens the living conditions and industrial conditions of the locality, and the said danger or impacts cannot be remedied through permit regulations. (bolding here) More specified bans, standards and requirements are set in the environmental protection Act and various environmental Decrees. Flexible norms are also concretized through manifold permit conditions.
Sustainability through after-care requirements, collaterals and compensations Obligation on the after-care measures (Mining Act & Environmental Protection Act) Both, for the exploration and mining phase. The permit holder must also deposit sufficient collateral, for the purpose of termination and aftercare measures of mining operations. Full compensation for the land-owner in the cases of redemption also exploration and excavation fees has to be paid for the land-owner.
Challenges / gaps related to the legal sustainbility instruments EIA: Risk of biased outcomes due to the dominant role of the developer in drawing conclusions on the assessment. High thresholds on the environmental and social (unconditional) preconditions in the Mining Act (balanced partially by other legislation) Gaps in implementation Unidentified significant impacts and risks in the permitting processes incompliance with the (substantive) norms / stipulations / permit conditions => Mining can cause significant environmental damage even planned and permitted under rigorous environmental legislation.
Challenges / gaps related to the legal sustainbility instruments Various social impacts (experienced impacts, fears, images etc.) and collaboration between stakeholders and conflict mediation are not regulated and should not be regulated through hard law? Fragmented and complicated permitting schemes Mining is subject to a number of divergent environmental procedures, regulated by variety of legal instruments and several authorities (overlaps) Unnecessary complexity and overlapping of existing procedures not only delay project planning by companies, but also weaken, de facto, possibilities for the public to influence the planning processes and approval of mining projects. Esityksen nimi / Tekijä 6.3.2016 12
Thanks! 6.3.2016 13