Guide
Exploration in
protected areas,
the Sámi homeland
and the reindeer
managing area
1
Contents
Contents
3
Foreword
5
1.Introduction
7
2.Legislation that regulates exploration and mining
9
2.1 The mining Act
9
2.1.1 Prospecting work and exploration under the Mining Act
13
2.1.2 Mining activities under the Mining Act
17
2.2 The Nature Conservation Act and special provisions on protected areas
18
2.3 The Act on the Protection of Wilderness Reserves
19
2.4 The Antiquities Act
20
2.5 The Act on Environmental Impact Assessment Procedure
20
2.6 The Environmental Protection Act
21
2.7 The Off-Road Traffic Act
21
2.8 The Land Use and Building Act
2.9 The Radiation Act and the Nuclear Energy Act
24
2.10 The Reindeer Husbandry Act
24
2.11 The Act on the Sámi Parliament
25
2.12 The Skolt Act
26
3.Protected areas, areas covered by conservation programmes and
the Natura 2000 network
22
27
3.1 Introduction
27
3.2 Nature reserves
30
3.2.1 National parks and strict nature reserves
30
3.2.2 Other conservation areas
31
3.3 Wilderness areas
31
3.4 The Natura 2000 network
32
3.5 Other conservation programmes and key areas for conservation
33
4. Taking protected habitats and species into account outside
protected areas
35
5.Exploration and mining in protected areas
36
5.1 General preconditions
36
5.2 Studies required on Natura 2000 sites
37
5.2.1 Establishing the need for a Natura assessment for exploration
purposes
37
5.2.2 The role of a Natura assessment in exploration
37
5.2.3 Granting of exploration permits
38
5.2.4 Process diagrams
39
5.3 Mining in a Natura 2000 site or in its vicinity
41
5.3.1 Establishing the need for a Natura assessment for mining
41
5.3.2 The role of a Natura assessment in mining
41
6.Exploration in the reindeer management area
43
6.1 Taking account of reindeer husbandry in exploration
46
6.1.1 Before exploration
46
6.1.2 During exploration
47
6.1.3 After exploration
49
7. Exploration in the Sámi homeland and the reindeer management area
50
7.1 Respecting the Sámi culture when applying for an exploration
permit and during exploration (the Mining Act 621/2011)
50
7.2 Respect for the Sámi culture by the mining authority
(the Mining Act 621/2011)
51
8.Summary
54
Appendix 1 Exploration and exploration methods
Appendix 2 Life cycle of a mining operation
Appendix 3 Instructions for applying for exploration, geological survey
and all-terrain traffic permits from Metsähallitu
Appendix 4 Terms and abbreviations
Appendix 5 Summary table
55
67
69
72
73
Foreword
Global population growth, urbanisation and a higher standard of living are pushing up
the demand for raw materials. Metals and minerals are required to produce products,
services and infrastructures that are a necessity for our modern society. The prices and
availability of raw materials in the world market fluctuate. Securing a supply of raw materials needed by society is essential both at the European and the national level.
Mining goes back for hundreds of years in Finland, and it continues to be an important
provider of jobs. The role of mining in the regional economy is particularly prominent in
Eastern and Northern Finland, areas that have some of the highest ore potential in the
entire European Union. If we consider its indirect impacts, the significance of mining is
multiplied. Many industrial sectors, including the steel and paper industry, are greatly
dependent on raw materials and refined products from mining, a high share of which
comes from Finnish mines. In addition, a significant technology and equipment manufacturing sector has developed in Finland as a spin-off of mining, and mining also requires a wide range of support services. Metal refining is an important sector for Finnish
exports which currently mainly relies on imported raw materials.
There can be no mining without successful exploration. As a rule, permits granted by
the authorities referred to in the Mining Act are required for exploration. In addition to
official permits, today the local community’s acceptance plays an increasingly significant role. In areas reserved for nature conservation, the aim usually is undisturbed natural development. If the conditions of appropriate permit procedures are met, however,
exploration can also take place in most nature reserves. European Union nature conservation legislation also contains certain binding provisions which must be complied with
in exploration and all other activities.
This guide contains a concise introduction to the legal basis of exploration, various protected areas, and the principles and operating models of exploration in protected areas,
the reindeer management area and the Sámi homeland. The steering group that was appointed for the updating consisted of Riikka Aaltonen, chair, Ministry of Employment and
the Economy, (Kirsti Loukola-Ruskeeniemi); Heikki Korpelainen, vice chair, Ministry of Environment, (Aulikki Alanen); Päivi Rantakoski, Finnish Safety and Chemicals Agency Tukes, (Terho Liikamaa); Hannu Makkonen, Geological Survey of Finland, (Laura Lauri); Liinu Törvi, Metsähallitus, (Otto Swanljung); Riitta Lönnström, Regional Council of Lapland,
(Juha Piisilä); Pirkko Posio, The Centre for Economic Development, Transport and the Environment, Lapland, (Keijo Alanko); Markku Tornberg (The Central Union of Agricultural
Producers and Forest Owners MTK); Vesa Luhta, The Finnish Association for Nature Conservation, (Hanna Hakko) ja Marja Anttonen, Reindeer Herders´ Association, (Anne Ollila).
The Ministry of Employment and the Economy and the Ministry of the Environment would
like to stress the role of this guide as a general guideline for exploration in special areas.
Ministry of Employment and the Economy
Ministry of the Environment
5
6
1. Introduction
focuses on exploration in various protected areas in Finland. Gold panning
is not covered by this guide, and it only contains a summary discussion of actual mining
operations. Mining is an extensive theme, and other instructions and guidelines have
been published on it, including the EIA guideline for a mine and guidelines on the best
environmental practices of metal mines.
THIS GUIDE
In this guide, a protected area refers to a conservation, wilderness or Natura 2000 area
set aside for protecting biodiversity or preserving or maintaining natural or cultural
landscapes. A key objective of protected areas is to preserve endemic Finnish species
and habitats and to halt development that puts them under pressure. They also safeguard the preservation of natural landscapes and cultural environments shaped by traditional industries, and the preconditions for natural sources of livelihood in Finland.
Protected areas are widely used for recreation and enjoyment of the natural world by citizens, and they also play a significant part as support areas for nature tourism.
The protected areas combine to form regional, national and international networks. Almost all protected areas in Finland are part of the Natura 2000 network created to foster biodiversity in the European Union.
The guide also describes key procedures associated with exploration in the Sámi homeland and reindeer management area in Northern Finland. In these areas, the rights
of the Sámi as an indigenous people to maintain and develop their own culture and the
provisions of the Reindeer Husbandry Act on safeguarding the position of reindeer husbandry must be respected. The ecological value of the areas and the legal basis of their
establishment determine the activities that are permissible in each area. The guide strives to clarify the following questions:
• Which acts regulate operation in various protected areas?
• What types of protected areas are there in Finland, and where can more information about them be found?
• How can exploration be carried out in various protected areas, the reindeer managing area and the Sámi homeland?
• Who should you talk to about the exploration, and who should you inform about it
and at what stage?
•
•
The guide contains a concise introduction to the legal basis of exploration, various protected areas, and the principles and operating models of exploration in protected areas,
the reindeer management area and the Sámi homeland. The guide cannot - and does not
even try - to give exclusive answers, as the areas and the grounds for their protection
are all different.
7
The Appendices to the guide describe exploration methods in more detail and give a
short summary of the life cycle of a mine.
The guide strives to serve key target groups as well as possible, including Finnish and
international exploration and mining companies, permit and supervisory authorities
and interested citizens.
Keeping the guide up to date is the responsibility of the Ministry of Employment and
the Economy. It can be found on the Ministry’s website at http://tem.fi/ajankohtaista/
julkaisut.
8
2. Legislation that regulates
exploration and mining
2.1 The Mining Act
specifies the so-called mining minerals, the exploration
and exploitation of which is regulated under the Mining Acts (503/1965 and 621/2011)
and Decrees (663/1965, 391/2012). Mining minerals include metal ores, industrial minerals and industrial stones.
THE FINNISH LEGISLATION
Applications related to exploration and mining rights submitted before 1 July 2011 are
processed under the so-called old Mining Act (503/1965), taking into account the transitional provisions of the so-called new Mining Act (621/2011). New applications can no
longer be submitted under the old Mining Act (claims, mining concessions), but decisions on pending applications will still be made in 2015. It is likely that some claim rights
relating to exploration granted under the old Mining Act and recorded in the mines register will continue to be valid in 2020, and it will take considerably longer for mining
rights under the old act to expire. Some of the existing mining concessions were set up
under mining legislation that is even older than the act from 1965.
Applications submitted after 1 July 2011 (reservations, exploration permits, gold panning
permits, mining permits) will be processed pursuant to the new Mining Act (621/2011).
This guide focuses on key contents of the new act regarding exploration and any prospecting work that precedes it (Section 7 of the Mining Act). Other guidelines exist for
those who are planning mining operations (see section 2.1.2). Gold panning under the
Mining Act, which refers to exploiting gold found in the soil on government land by panning with water, is not discussed in this guide. Gold panning almost exclusively takes
place in North Lapland. Where the guide contains a direct quotation from the Mining
Act, however, the word gold panning has not been omitted.
The permit and supervisory authority, or mining authority, referred to in the Mining Act
is the Finnish Safety and Chemicals Agency Tukes. Decisions on applications concerning rights regulated under the Mining Act (exploration, exploitation of minerals, gold
panning) are made by Tukes.
The Mining Act that entered into force in 2011 prescribes the permit process related to
exploration and mining, the obligations of the permit holder, and the supervision duties
of the mining authority. Some key provisions of the Mining Act (621/2011) have been included in this guide that will, in particular, help operators who are considering exploration activities to familiarise themselves with the permit procedures for exploration. The
subheadings are the headings of the relevant sections of the Act, and the following paragraphs have been taken directly from the text of the Act.
9
Purpose of the Act (621/2011) (Section 1)
The objective of this Act is to promote mining and organise the use of areas required for
it, and exploration, in a socially, economically, and ecologically sustainable manner. In
order to fulfil the purpose of the Act, the securing of public and private interests is required, with particular attention to: 1) the preconditions for engaging in mining activity; 2)
the legal status of landowners and private parties sustaining damage; 3) the impacts of
activities on the environment and land use, and the economic use of natural resources.
A further objective of the Act is to ensure the municipalities’ opportunities to influence
decision-making, and the opportunities of individuals to influence decision-making involving them and their living environment.
Furthermore, an objective of the Act is to promote the safety of mines and to prevent,
decrease, and avert any inconvenience and damage incurred in the activities referred to
in this Act, and to ensure liability for damages for the party causing the inconvenience
or damage.
The activities referred to in this Act shall be adapted in the Sami Homeland, referred to
in the Act on the Sami Parliament (974/1995), so as to secure the rights of the Sami as an
indigenous people. This adaptation shall pay due attention to the provisions of the Skolt
Act (253/1995) concerning the promotion of the living conditions of the Skolt population
and Skolt area, opportunities for making a living, and the preservation and promotion
of the Skolt culture.
Scope of application of the Act (Section 2)
This Act lays down provisions for the exploration and exploitation of a deposit containing mining minerals, gold panning in an area owned by the State, the termination of
related operations, and the proceedings for establishment of a mining area.
For the purposes of this Act, mining minerals shall refer to:
1. as concerns chemical elements: actinium, aluminium, antimony, arsenic, barium,
beryllium, boron, caesium, mercury, fluorine, phosphorus, gallium, germanium, hafnium, silver, indium, iridium, cadmium, potassium, calcium, cobalt, chromium, gold,
copper, lanthanoids, lithium, lead, magnesium, manganese, molybdenum, sodium,
nickel, niobium, osmium, palladium, platinum, radium, iron, rhenium, sulphur, rhodium, rubidium, ruthenium, selenium, zinc, scandium, strontium, thallium, tantalum, tellurium, tin, titanium, thorium, uranium, vanadium, bismuth, tungsten, yttrium, and zirconium, as well as minerals containing these chemical elements;
2. as concerns minerals: andalusite, apatite, asbestos minerals, barite, bauxite, bentonite, beryllium, dolomite, phlogopite, fluorite, graphite, garnet, ilmenite, calcite, kaolin, corundum, quartz, kyanite, leucite, feldspar, magnesite, muscovite, nepheline,
olivine, pyrophyllite, rutile, sillimanite, scapolite, talc, diamond, vermiculite, wollastonite, and other precious stones;
3. as concerns rock types: marble and soapstone.
10
Furthermore, this Act is applicable to the exploitation of materials in the bedrock and
earth in the mining area referred to in section 19 herein.
The relation of the Act to other legislation (Section 3)
In addition to the provisions laid down in this Act, decisions on permit issues or other matters hereunder and other activities in accordance with this Act shall comply
with, inter alia, the provisions of the Nature Conservation Act (1096/1996), the Environmental Protection Act (86/2000), the Act on the Protection of Wilderness Reserves
(62/1991), the Land Use and Building Act (132/1999), the Water Act (264/1961), the Reindeer Husbandry Act (848/1990), the Radiation Act (592/1991), the Nuclear Energy Act
(990/1987), the Antiquities Act (295/1963), the Off-Road Traffic Act (1710/1995) and the
Dam Safety Act (494/2009).
Competent authorities and their duties (Section 4)
The Ministry of Employment and the Economy is responsible for the general guidance,
monitoring, and development of activities under this Act. The Finnish Safety and Chemicals Agency acts as the mining authority referred to in this Act.
The mining authority enforces compliance with this Act and manages other duties laid
down herein.
Licensing authorities (Section 33)
The Government shall decide on matters concerning a redemption permit for a mining
area and on mining permits related to the production of uranium or thorium.
The mining authority shall make decisions concerning reservation notifications, exploration permits, and gold panning permits, as well as matters other than those concerning mining permits referred to in subsection 1.
Application for a permit (Section 31)
Parties eligible to apply for an exploration permit, mining permit, or gold panning permit are, referred to in section 1(1) or (2) of the Act on engaging in commercial activity
(122/1919):
1. a natural person of age who is not declared bankrupt and whose competency has
not been restricted under the Guardianship Services Act (442/1999);
2. a legal person.
Moreover, subject to the conditions laid down in this Act, a Government institution may
apply for an exploration permit.
Order of priority (Section 32)
The party first applying for a permit in accordance with the provisions laid down in section 34 herein shall have priority for an exploration permit, mining permit, or gold panning permit.
11
Subsection 1 above notwithstanding, if a mining permit is applied for with respect to a
deposit located within an exploration area, the exploration permit holder shall have priority to the mining permit if the permit holder submits an application for a mining permit in accordance with the provisions laid down in section 34 prior to the expiry or cancellation of the exploration permit.
For the purpose of preparing an application for an exploration permit, an applicant may
reserve an area for himself by submitting notification to the mining authority about the
matter (reservation notification). A privilege based on reservation notification is valid
once the reservation notification has been submitted in accordance with the provisions
laid down in section 44 and no impediment exists, as specified in this Act, to approval
of the reservation. The validity of the privilege shall expire when the decision made by
the mining authority on the basis of the reservation notification (reservation decision)
expires or is cancelled.
Permit application (Section 34)
Applications for an exploration permit, mining permit, or gold panning permit shall be
submitted to the permit authority.
The application for a permit shall include a necessary and reliable report, as regards
permit consideration, on the following:
1. the applicant and the applicant’s meeting of prerequisites for carrying out operations commensurate with the permit sought;
2. the area to which the application applies, along with its land planning status and
the restrictions, if any, concerning usage of the area, and associated consideration;
3. those whose interests, rights, or duties the matter may concern (parties concerned);
4. the prerequisites for activities:
a) in particular, a preliminary assessment of the mining minerals in the area, and
the basis for such an assessment, when an exploration permit application is in
question;
b) in particular the suitability of the deposit for exploitation, when a mining permit
application is in question;
5. plans concerning the activities;
6. the environmental and other impacts of activities, taking account of the quality and
extent of measures planned (however, a report is not required insofar as the required information is included in the environmental impact assessment report referred
to in subsection 3(2);
7. termination of activities and related measures, alongside after-care measures.
The following shall be appended to the permit application:
1. official certificates, extracts from registers, and any corresponding documents to
verify consideration of the information presented in the application, and of the requirements stipulated;
2. if necessary, a report on the assessment referred to in section 65 of the Nature Conservation Act, and an environmental impact assessment report in accordance with
12
the Act on Environmental Impact Assessment Procedure (468/1994);
3. a summary of the information presented in the application and appendices thereto.
Furthermore, a waste management plan for extractive waste shall be appended to the
application concerning an exploration permit and gold panning permit if the applicant is
not obliged to prepare such a plan under the Environmental Protection Act.
The application for a mining permit shall involve claiming limited right of use or another
right to the area intended as auxiliary to the mine.
Further provisions on the permit application may be given by government decree.
2.1.1 Prospecting work and exploration under the
Mining Act (621/2011)
No separate permit from the mining authority is needed for prospecting work pursuant
to the Mining Act (Section 7), which takes place before exploration in accordance with
the exploration permit. In this guide, exploration is regarded in a wide sense. Before initiating exploration, the operator must be familiar with the entire set of rules applicable
to it. An actor operating in nature reserves (Natura) must be acquainted with provisions
on nature reserves, in particular regarding exploration that is subject to a permit. A permit from the relevant permit authority (the Ministry of the Environment) is required for
operating in a nature reserve. It is important for the actor to contact the nature conservation unit of the regional centre for economic development, transport and the environment (ELY Centre) or the authority managing the nature reserve (Metsähallitus Natural
Heritage Services, the Ministry of the Environment) about the grounds on which the nature reserve is protected and the potential methods used in the exploration.
Before initiating exploration in accordance with the exploration permit, the operator
must also carefully familiarise themselves with the permit conditions laid down by the
mining authority.
Prospecting work (Section 7)
In order to find mining minerals, everyone has the right, even on another’s land, to conduct geological measurements and make observations and to take minor samples, provided that this does not cause any damage or more than minor inconvenience or disturbance (prospecting work).
Prospecting work must not be carried out on the ground:
1. in a cemetery referred to in the funerary services act (hautaustoimilaki) (457/2003)
nor in an area belonging to a private grave, or within 50 metres of these;
2. in an area used by the defence forces, or any area controlled by the Border Guard
where movement is restricted or prohibited, or within 100 metres of such an area;
3. in an area where movement is restricted or access denied to outsiders;
4. on a traffic route or passage in public use;
13
5. within 150 metres of a building intended for residential or work use, or comparable
space, and any adjoining private yard, or the site for such a building, if a permit required for building referred to in the Land Use and Building Act has been granted
for it and construction has begun;
6. in an area in horticultural use;
7. within 50 metres of a public building or utility, or either a power line with a voltage
of over 35,000 volts or a transformer station;
8. in any other area, corresponding to those in items 1–7, designated for special use.
However, prospecting work may be carried out in an area referred to in paragraphs 2–8
of subsection 2 with the consent of the authority or institution competent in the matter,
or that of the relevant holder of rights.
The following paragraph contains a description of the nature of prospecting work contained in extracts from the detailed rationale for section 7 (Government proposal to the
Parliament for a Mining Act). Operators should familiarise themselves with the whole
text of the rationale, in particular before prospecting is initiated in nature reserves.
”Under Subsection 1, a prohibition of causing financial or other damage, for example
to the soil, bedrock or vegetation, and unnecessary inconvenience or disturbance to
such activities as reindeer herding or other industry or land use would be applicable
to prospecting. The provision on prospecting work would allow slightly more extensive rights than those granted by everyman’s rights and public access rights; for example, everyman’s rights do not includetaking soil materials, which would be permissible
in prospecting work. As causing damage and unnecessary inconvenience or disturbance would be prohibited in prospecting work, there would be a clear difference between
prospecting and exploration, which is subject to an exploration permit.
The same access and other general restrictions would be applicable to prospecting as
to everyman’s rights, and the intention of the section is not to limit activities carried
out under everyman’s rights. The restrictions applicable to prospecting work are linked
with the Criminal Code (39/1889) and, in particular, its provisions on criminal trespass
(chapter 28, section 11), which specifies the limits of the right of possession. For example, this provision prohibits excavation in land that is in the possession of another person.
However, an act causing only minor inconvenience is not deemed to constitute criminal
trespass. This has been constituted as meaning that while the outward appearance of
land in the possession of another person may not be changed, minor traces may however be left. Prospecting work must be carried out in compliance with the acts referred
to in section 3 and other legislative provisions. Consequently, such provisions as those
laying down restrictions on access to the border zone must be complied with. The Offroad traffic act must also be complied with in prospecting work. A motor vehicle may
not be driven outside the road network without the permission of the owner or party in
possession of the land area.
14
In addition, restrictions imposed on geological surveys, exploration and access applicable to nature reserves must be complied with in prospecting work. Under section 13 of the
Nature Conservation Act, any action that damages the soil or the bedrock in a national
park or a strict nature reserve is prohibited.
Under section 15 of this act, geological surveys and prospecting in a national park or
a strict nature reserve are permitted with permission from the authority or agency in
charge of the site. Separate provisions may have been laid down on certain exceptions
in individual areas.
Any special provisions applicable to the area must be complied with in prospecting
work that takes place in nature reserves on private land. The operator responsible for
the prospecting work must ensure that consequences prohibited in the Nature Conservation Act, for example from the taking of minor samples, are not caused on specific sites referred to in sections 29 and 47 of the Nature Conservation Act, or on breeding sites
and resting places referred to in section 49(1), and that provisions on protected animal
and plant species are complied with. Activities under the provision on prospecting work
could be applicable to early-phase prospecting. However, prospecting work in the same
area could not continue for an extensive period or be so methodical or systematic that it
could be considered to cause more than a minor inconvenience or disturbance.
Regional and detailed surveys could be carried out as prospecting work if they are carried out without causing damage or unnecessary inconvenience or disturbance. Surveying geological formations and bedrock structures based on map data, remote sensing, geophysical measurements and geological field observations can usually be carried out without causing damage or unnecessary inconvenience or disturbance.
On the other hand, the permissibility of collecting minor soil and rock samples must be
decided separately in each individual case. Prerequisites for taking samples may include
removing overburden or digging a hole, but sites of this type can be restored to the extent that no visible damage remains. Samples taken under the provision on prospecting
work could be collected by means of a hammer, a spade, a manual mini-drill or by cutting with a diamond disc, as long as these actions do not cause damage or unnecessary
inconvenience or disturbance and the sampling site is restored.
On the other hand, sample taking by means of a percussion drill or exploratory excavations and channels dug by a digger would not be permissible under the provision. Acts
that could be construed as criminal trespass referred to in the Criminal Code are prohibited.
Subsection 2 of this section lists areas where prospecting on the ground is prohibited as
a basic principle. The restrictions laid down in subsection 2 would not apply to prospecting work carried out by aerial survey.
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Prospecting in an exploration area controlled by some other party would no longer be
prohibited.”
Notification of sampling related to prospecting work (Section 8)
The party in charge of prospecting work shall, prior to commencement of sampling referred to in section 7, submit notification to the owner and holder of real estate in the
area where prospecting work is to take place (prospecting area), whose right or advantage the matter may involve.
The notification must include the contact information of the party responsible for prospecting work, information on the prospecting area, and a plan regarding the sampling.
The plan must include information on the equipment and methods to be used, the sampling schedule, and the targeted mining mineral.
Exploration subject to a permit (Section 9)
Exploration is subject to a permit granted by the mining authority (exploration permit) if
exploration cannot be carried out as prospecting work in accordance with section 7, or
the property owner has not given consent to it.
An exploration permit is also required if:
1. exploration could cause any harm to people’s health or general safety, damage to other industrial and commercial activity, or any deterioration in value related to the
landscape or nature protection values;
2. the exploration is targeted at locating and exploring a deposit containing uranium
3. or thorium (a deposit refers to such concentration of mining minerals in bedrock
that have proven or potential financial value for mining activity, Section 59; or
4. the permit is necessary for gaining a privilege, as described in this Act, for
5. exploiting the deposit.
As concerns restrictions on areas for exploration, the provisions laid down regarding
these in section 7(2) and (3) shall apply correspondingly.
Moreover, the consent of the authority or institution competent in the matter, or that of
the holder of the rights, is required for exploration whenever the area in question is a
street area or market place referred to in the Land Use and Building Act, a road area of a
highway referred to in the Highways Act (503/2005), an airport or another area in aviation use referred to in the Aviation Act (1194/2009), a railway area referred to in the railways act (ratalaki) (110/2007), a canal used for public traffic or another such traffic area,
or an area within 30 metres of any of the above-mentioned traffic areas, unless provisions concerning a larger exclusion area are laid down in, or pursuant to, the relevant Act
Legal effects of an exploration permit (Section 10)
Pursuant to an exploration permit, the permit holder has the right, on the permit holder’s
own land and that owned by another landowner, in the area referred to in the permit
(exploration area), to explore the structures and composition of geological formations
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and to conduct other exploration in order to prepare for mining activity and other exploration in order to locate a deposit and to investigate its quality, extent, and degree of
exploitation, as provided for in more detail in the exploration permit.
The holder of the exploration permit may build, or transfer to the exploration area, temporary constructions and equipment necessary for exploration activity, as specified in
more detail in the exploration permit.
An exploration permit does not authorise exploitation of the deposit. Provisions related
to the permit holder’s privilege for exploiting the deposit are laid down in section 32.
The exploration permit does not limit the property owner’s right to use the area or to govern it, unless otherwise is provided in subsection 1 or 2.
Exploration pursuant to a permit (Section 11)
The exploration permit’s holder shall limit exploration and other use of the exploration
area to measures necessary for the purposes of exploration activity. The measures shall
be planned so as not to cause an infringement of public or private interests that is avoidable by reasonable means.
Exploration pursuant to an exploration permit, and other use of the exploration area,
shall not cause:
1. harm to people’s health or a danger to public safety;
2. essential damage to other industrial and commercial activity;
3. significant changes in natural conditions;
4. essential damage to rare or valuable natural occurrences;
5. significant damage to the landscape.
2.1.2 Mining activities under the Mining Act (621/2011)
Only the provisions on mining being subject to a permit, the legal effects of a mining permit and the obligations of the mining permit holder have been collected in this guide for
general information. For more information on mining, see one of the following guides:
Best environmental practices in metal ore mining (http://www.ymparisto.fi/en-US/Consumption_and_production/Best_Available_Techniques_BAT/Finnish_BAT_technology_reports).
Mining activity subject to a permit (Section 16)
The establishment of a mine and undertaking of mining activity are subject to a permit
(mining permit).
Legal effects of a mining permit (Section 17)
A mining permit entitles the holder to exploit:
1. the mining minerals found in the mining area;
2. the organic and inorganic surface materials, excess rock, and tailings generated as
17
a by-product of mining activities (by-product of mining activity);
3. other materials belonging to the bedrock and soil of the mining area, insofar as the
use thereof is necessary for the purposes of mining operations in the mining area.
Obligations of the mining permit holder (Section 18)
The mining permit holder is obliged to ensure that:
1. mining activities do not cause damage to people’s health or danger to public safety;
2. mining activities do not cause significant harm to public or private interests, nor, in
relation to the overall costs of the mining operations, reasonably avoidable infringement of public or private interests;
3. excavation and exploitation do not entail obvious wasting of mining minerals;
4. potential future use and excavation work at the mine and deposit are not endangered or encumbered.
The mining permit holder is obliged to submit an annual report to the mining authority
on the extent and results of the exploitation of the deposit and to inform of any essential
changes in the information on mineral resources.
2.2 The Nature Conservation Act and special
provisions on protected areas
The Nature Conservation Act (1096/1996) and Decree (160/1997) and provisions establishing the protected areas apply to state-owned nature reserves. The main principle is
that the protection provisions in sections 13-15 of the act are valid in state-owned nature
reserves established after the act entered into force. Under these provisions:
• taking soil or mining minerals and damaging the ground or bedrock are prohibited
• the authority managing the area (in almost all protected area, this is Metsähallitus)
may, if this is possible without jeopardizing the conservation objectives for which
the area was established, issue a permit for carrying out geological surveys and exploration.
Due to the transitional provision in Section 76 of the Act, however, provisions applicable
to nature reserves established before the Act entered into force remain valid, and their
contents may be different from the provisions of the current act. As an exception to what
was stated above, the permit authority in mire conservation areas and certain national
parks thus is the Ministry of the Environment. In some smaller areas, no exploration permits can be granted. Consequently, it is always necessary to check with Metsähallitus
to find out which provisions based on separate acts and decrees are valid in each nature
reserve if the exploration is to take place in a nature reserve set up on state-owned land.
Under section 24 of the Nature Conservation Act, nature reserves on private land can be
established by a decision of a centre for economic development, transport and the environment (previously, by a decision of regional environment centres or provincial governments). These decisions lay down the protection provisions applicable to the areas
and the possibilities of applying for derogations. Due to historical development, the dif-
18
ferent characteristics of the sites, and the agreement between the landowner and conservation authorities, these may vary in different areas. The basic assumption is that the
protection provisions applicable to areas of this type must be agreed upon with the landowner before the decision can be made. Some protection provisions applicable to areas
established by a decision of a provincial government while the old conservation act was
in force still remain valid. Operators should thus always contact the relevant centre for
economic development, transport and the environment for information about protection provisions applicable to private nature reserves.
The provisions on the extraction of mining minerals or damaging the soil in the Nature
Conservation Act and the provisions establishing the areas take precedence over the relevant provisions in the Mining Act. Provisions on the relationship between the activities referred to in the Mining Act and nature conservation are also contained in section
3 of the Mining Act, under which decisions on permit issues or other matters and other
activities in accordance with the Mining Act shall comply with, inter alia, the provisions
of the Nature Conservation Act. A similar provision was contained in section 71.2 of the
old Mining Act, according to which the provisions of the Nature Conservation Act listed
in the section had to be complied with.
In addition to the provisions on nature reserves, the other provisions of the Nature Conservation Act must also be complied with in exploration activities, both inside and outside nature reserves. Key ones of these are section 39 on protected animal species, section 42 on protected plant species, section 29 on protected habitats and, in particular,
section 47 on the habitats of strictly protected species and section 49.1 on the destruction and deterioration of breeding sites and resting places used by so-called strictly protected animal species referred to in special European Union provisions.
2.3 The Act on the protection of wilderness
reserves
The northernmost parts of Finland constitute wilderness areas referred to in the Act on
the protection of wilderness reserves (erämaalaki, 62/1991). This act must also be applied to activities under the Mining Act and in making decisions on permits or other relevant matters. No specific permit under the Act on the protection of wilderness reserves
is required for exploration in these areas. As nearly all wilderness areas are part of the
Natura 2000 network, however, it is necessary to take into account the provisions in
sections 65 and 66 of the Nature Conservation Act on impact assessments and the permit procedure in processing exploration permits referred to in the Mining Act. A mining
permit referred to in the Mining Act cannot be granted for wilderness areas without
permission from the Government (Act on the protection of wilderness reserves, section
6). The authority competent to process these permits is the Ministry of the Environment
(Supreme Administrative Court 2004:23).
An approved management and exploitation plan must be complied with in the management and exploitation of wilderness areas. Wilderness areas are managed and administrated by Metsähallitus.
19
2.4 The Antiquities Act
Under the Antiquities Act (17.6.1963/295) fixed relics are protected as monuments to
earlier settlement and Finnish history. A fixed relic may not be excavated, covered, altered, damaged, removed or otherwise interfered with, without a permit granted under
the Antiquities Act. A relic may have a protection zone determined in a cadastral procedure. If no boundaries have been determined, the relic will be regarded as having a
protection zone of two metres from its visible external edges. Relics, for example Stone
Age settlements, may be much larger than what the visible parts indicate. If a need arises in exploration activities to interfere with a known relic, this will be subject to negotiation and must be reported to the National Board of Antiquities. In the negotiations,
the landowner must be consulted. If no agreement can be reached in negotiations with
the National Board of Antiquities, the matter shall be referred to the Government. On
application, a centre for economic development, transport and the environment may, on
certain conditions, grant a permission to interfere with a fixed relic, after first consulting the National Board of Antiquities. If the decision of the centre for economic development, transport and the environment goes against the statement of the National Board
of Antiquities, it must be referred to the Ministry of Education and Culture for approval. If necessary, the centre for economic development, transport and the environment
must, also in other respects, issue regulations that safeguard the value of fixed relics.
The applicability of these regulations can also be extended to an area outside the protection zone. If a previously unknown fixed relic is found during excavations or other work,
the work at the relic must be interrupted at once, and the supervisors must immediately
inform the National Board of Antiquities of the find, so that the requisite action can be
taken. In an area which is likely to contain fixed relics or other cultural sites that have
not been surveyed, it is recommended that potential sites requiring protection in the
area would be examined before any action is taken. This would also be in the best interest of the actor. A careful study would prevent potential problems and expenses later on.
2.5 The Act on Environmental Impact
Assessment Procedure
The aim of the act is to further the assessment of environmental impact and consistent
consideration of this impact in planning and decision-making, and at the same time to
increase the information available to citizens and their opportunities to participate.
The purpose of the environmental impact assessment procedure is to investigate and assess the environmental impacts of certain projects and to hear the views of the authorities and those parties whose circumstances or interests may be affected by the project.
The party responsible for the project draws up an assessment report containing the details of the project and its impacts as well as its alternatives, and a consistent assessment of their impacts on:
a) human health, living conditions and amenity,
b) soil, water, air, climate, vegetation, organisms, and biological diversity,
20
c) the community structure, buildings, landscape, townscape and cultural heritage, and
d) utilization of natural resources.
Under the Act on Environmental Impact Assessment Procedure, or the so-called EIA Act
(468/1994), and the project list contained in the Decree on environmental assessment
procedure (ympäristövaikutusten arvioinnista annettu asetus 268/1999), the EIA procedure shall be applied to the following mining projects (section 4.1 of the EIA Act, section 6 of the decree):
•
•
•
excavation, enrichment and processing of metal ores or other mining minerals,
when the total volume of the material to be extracted is at minimum 550,000 tons a
year, or quarries with a surface area exceeding 25 hectares,
excavation of asbestos or plants that process and modify asbestos or products containing asbestos,
excavation, enrichment and processing of uranium, excluding exploratory excavation, trial enrichment and other similar processing.
Under the EIA Act (section 4.2), the EIA procedure can in individual cases be applied to
another mining project that will probably have significant adverse environmental impact comparable to the impacts of the projects in the project list.
An amended European EIA Directive is currently being drafted. Once it enters into force,
it is possible that the national EIA Act will also be amended in some parts.
2.6 The Environmental Protection Act
Under section 28 of the Environmental Protection Act (86/2000), a permit is required for
activities that pose a threat of environmental pollution (environmental permit).
An environmental permit referred to in the Environmental Protection Act is required for
mining, mechanical excavation of gold and operating an enrichment plant (section 28.1
of the Act, section 1.1, paragraphs 7 a and b of the Environmental protection decree). A
licence may even be needed for extensive exploratory quarrying.
2.7 The Off-road traffic act
Under section 4.1 of the Off-road traffic act (maastoliikennelaki, 1710/1995), as a rule the
landowner’s permit must always be sought for operating a vehicle off the road.
Under section 12.1 of the old Mining Act (503/1965): ”On the conditions laid down in this
Chapter, the claim holder shall be entitled to proceed to surveys aiming to discover the
quality and extent of the deposit and, if necessary, also use land that is outside the claim
for building roads as well as power, water and other supply lines.”
Consequently, the landowner’s permit must be obtained to operate an off-road vehicle in
21
the terrain in the course of prospecting work referred to in Section 7 of the Mining Act
(621/2011). On state land, these permissions are granted by Metsähallitus (see instructions for applying in Appendix 3). Due to an amendment to the Off-road traffic act made
when the current Mining Act was passed, however, this permission is not required for
access that is necessary for the activities listed in the relevant exploration permit or mining permit within the exploration area referred to in the Mining Act and within a distance of 30 metres of its boundaries and in the auxiliary area to the mine.
However, the Off-road traffic act also applies to these areas, and the other provisions
of this act must be complied with when driving off the road. For example, under section 5 of the act, when a motor vehicle is operated off the road, causing damage and disturbance to the natural and other environment, real estate and natural industries, and
causing unnecessary disturbance to dwellings and other environment must be avoided.
Regulations applicable to off-road driving may also be laid down in permits referred to
in the Mining Act. Their significance is highlighted in protected areas, as currently the
authority managing the nature reserve, or Metsähallitus, is not required to have a permit referred to in the Off-road traffic act for activities in accordance with an exploration permit.
2.8 The Land Use and Building Act
Provisions of the Land Use and Building Act and the planning situation in the area also
have a bearing on issuing exploration and mining permits. Land use objectives and plans
in accordance with the Land Use and Building Act must be taken into account as separately prescribed when planning and deciding on the use of the environment on the basis of other legislation (section 3). Under the Mining Act, the relationship of the mining
area and its auxiliary area with the other use of the areas must be determined. Mining
must be subject to a plan with legal consequences referred to in the Land Use and Building Act or, considering the impacts of mining, planning issues must otherwise be adequately examined together with the municipality, the Regional Council and the centre
for economic development, transport and the environment.
A precondition for granting a mining permit is that the relationship between mining
and the other use of the areas, and other land use issues relevant to mining, have been
examined. The need for planning in a project must be assessed on a case-by-case basis
with the planning authorities in an early stage of project planning, as the process of preparing a regional land use plan and a local master plan, including any appeal processes,
may take 2–5 years.
The Land Use and Building Act refers to three types of plans: a regional land use plan,
which is prepared by the Regional Council, and a local master plan and a local detailed
plan, which are prepared by the municipality. The objective of the regional land use plan
is to determine the principles of land use and urban structure in the areas concerned,
and to allocate area reservations to the extent that this is necessary for national or regional objectives or for the coordination of needs to use areas located in several munici-
22
palities. From the perspective of land use planning, the impacts of mining projects usually are at least regional and often national. For this reason, the land reservations and
infrastructure required for a mining project are, as a rule, examined and clarified at the
regional land use plan level. During the planning process, mining and other land use, including issues related to ecological values, are reconciled.
One of the legal consequences of a regional land use plan is that it directs more detailed planning in municipalities. As regards building, local master plans and local detailed plans must often also be drawn up before a mining project can go ahead. When the
areas needed for mining are located in the territories of several municipalities, it should
be noted that a planning process may need to be initiated in more than one municipality.
On certain conditions, the prerequisites related to land use in a mining project may be
resolved in connection with a planning requirement decision rather than a plan. The
procedure for a planning requirement decision referred to in Section 137 of the Land
Use and Building Act can be applied if the mining project does not have significant adverse effects on the environment or otherwise, or the need to reconcile the mining project with housing or other land use needs is not pressing. A decision on planning requirements is usually also needed when a regional land use plan or a local master plan is
valid in the area. A prerequisite for making a decision on planning requirements is that
the relationship between the mining area and its auxiliary area with the other use of the
areas has been adequately determined in cooperation with the municipality, the Regional Council and the competent centre for economic development, transport and the environment. For example, this examination can be based on statements issued by the municipality, the Regional Council and the centre for economic development, transport and
the environment on the matter, or a memorandum on joint negotiations between these
parties. When a decision on planning requirements is applied, it may also require a derogation from the plan, if the project is not permitted in the plan.
If there are no prerequisites for applying the procedure for a decision on planning requirements under the Land Use and Building Act, mining activities should be based on a
plan with legal consequences referred to in this act, where the relationship between the
mining area and its auxiliary area with other use of the areas is clarified. The regional
land use plan may often be sufficient, but the required plan is determined separately in
individual situations. In practice, a regional land use plan and a local master plan can be
prepared on quite a rapid schedule as a stage plan.
In terms of mining, the location of the mine and the fact that actual large-scale building
is not always necessary in a mining project make it possible to rely on, instead of a local
detailed plan, some other plan with legal consequences and exceptions to the plan requirements. In case of mining, the situation is thus different from major industrial and
commercial projects, for which a local detailed plan is required as a basic assumption.
Planning also plays a role in making decisions on exploration permits. Under Section 46
of the Mining Act, an exploration permit shall not be granted for an area where activi-
23
ties in accordance with the application would impede the implementation of a legally
binding plan or for an area concerning which the local authority opposes the granting
of a permit, for a reason concerning land planning or other good cause related to land
use, unless there is a specific reason for granting the permit. In other words, the plans
referred to in the Act include not only local master plans and local detailed plans but
also regional land use plans. In most cases, the nature of activities permitted under an
exploration permit could not be regarded as impeding the implementation of a legally
binding plan. If the actors intended to proceed to exploratory excavation or measures similar to these regarding their scope or impacts, or the activities would take place in an
area covered by a local detailed plan, this would be a different matter.
2.9 The Radiation Act and the Nuclear Energy
Act
The purpose of the Radiation Act (592/1991) is to prevent and limit health hazards and
other detrimental effects of radiation. Section 3 of the Radiation Act determines radiation exposure due to natural radiation in mines and lays down requirements on radiation safety in mining. There is no specific mention of exploration in the Radiation Act,
but the Act will be applied in case of any radiation practices, in other words operations
or circumstances in which human exposure to natural radiation causes or may cause
a health hazard. Under section 11 of the Radiation Act, STUK shall decide in individual
cases whether an operation is to be considered a radiation practice. Under the Radiation Act, anyone using naturally occurring earth, stone or other materials in industrial or
comparable operations shall investigate the radiation exposure caused by these practices if there is a reason to suspect that such exposure exists. The results of the investigation shall be submitted to STUK, which will issue any orders needed to limit the radiation exposure. Under section 50 of the Radiation Act, when utilizing natural resources
containing radioactive substances, the responsible party shall ensure that radioactive
waste poses no hazard to health or to the environment, both during the operations and
on their conclusion.
The Nuclear Energy Act (990/1987) applies to mining and enrichment operations aimed at
producing uranium or thorium. In other words, a permit referred to in the Nuclear Energy
Act will be needed to begin commercial production. Under the Nuclear Energy Act, if the
mining mineral to be exploited is uranium or thorium, the operator shall apply to the Government for the mining permit. However, the Nuclear Energy Act does not apply to the
prospecting or exploration phase of uranium or thorium ore that proceeds mining.
2.10 The Reindeer Husbandry Act
The Reindeer Husbandry Act is a special act that must be complied with when operating
in the reindeer management area. The Act safeguards the right to practice reindeer herding: ”Subject to the restrictions provided in this Act, reindeer herding may be practised
in the reindeer management area irrespective of land ownership or possession rights”
(section 3 of the Reindeer Husbandry Act). This means that the reindeer may roam and
graze freely in these areas (HE 244/1989).
24
The Reindeer Husbandry Act divides the reindeer management area into two parts. It
contains a specific provision on the northern part of this area, or the area specifically intended for reindeer herding: the land in this area may not be used in a manner that may
significantly hinder reindeer herding. Transfer of ownership or leasing of land in this
area may only be on the condition that the landowner or lessee does not have a right to
receive compensation for damage caused by reindeer (section 2 of the act).
Section 5 of the Reindeer Husbandry Act lays down a consultation obligation in land
use issues that covers state land in the entire reindeer management area: ”When planning measures concerning State land that will have a substantial effect on the practice
of reindeer herding, the State authorities must consult the representatives of the reindeer herding co-operative in question.” Under this section, the consultation obligation
applies to such actors as the Finnish Safety and Chemicals Agency Tukes when it grants
exploration permits or mining permits for state land. Metsähallitus also has the duty to
consult the reindeer herding co-operatives when granting landowner’s permissions or
permits for off-road driving for the purpose of exploration.
According to government proposal for the Reindeer Husbandry Act (HE 244/1989), it is
vital for successful reindeer herding that the animals are not disturbed unnecessarily.
This means that undisturbed grazing and calving is ensured in the herding areas. Section 42 of the Reindeer Husbandry Act thus contains the following provision on frightening the reindeer: ”Reindeer must not be frightened. Compensation must be paid for any
damage or inconvenience caused to the reindeer owner and the reindeer herding cooperative as a result of frightening. Driving off reindeer with the purpose of preventing
damage is not regarded as frightening reindeer.” The section makes reference to stray
dogs which, during the period when dogs must be kept on a leash laid down in the Hunting Act (615/1993) or during the hunting season, are found chasing or mutilating reindeer. Logging must also be carried out so that it does not cause any damage to reindeer.
The government proposal for a Reindeer Husbandry Act (HE 244/1989) also refers to the
disturbance caused by increasing tourism in the reindeer management area. While there is no specific reference to exploration, the Act contains a general prohibition of frightening the reindeer. Section 47 of the Reindeer Husbandry Act lays down a fine for the
reindeer herding offence of frightening reindeer.
2.11 The Act on the Sámi Parliament
Under the Constitution, the Sámi as an indigenous people have the right to maintain and
develop their own language and culture. In their homeland, the Sámi have linguistic and
cultural autonomy. For the tasks relating to cultural autonomy, the Sámi shall elect from
among themselves a Sámi Parliament. The Sámi homeland comprises the municipalities
of Enontekiö, Inari and Utsjoki, as well as the area of the reindeer herding co-operative
of Lappi in Sodankylä. The task of the Sámi Parliament is to look after the cultural autonomy granted to the Sámi as an indigenous people, which includes reindeer herding,
hunting and fishing as traditional means of livelihood.
25
Reindeer herding is a vital part of the Sámi culture and traditional rights, and exploration may not cause considerable inconvenience to reindeer husbandry or infringe other
Sámi rights. Under the Act on the Sámi Parliament (974/1995, section 9), the authorities
have an obligation to negotiate with the Sámi Parliament in all far-reaching and important measures or decisions which may directly affect the Sámi homeland. As such measures, the Act specifically refers to staking mineral claims or filing mining patents (Section 9.1, paragraph 3):
“Obligation to negotiate
The authorities shall negotiate with the Sámi Parliament in all farreaching and important measures which may directly and in a specific way affect the status of the Sámi as an indigenous people and which
concern the following matters in the Sámi homeland:
...
3) applications for licences to stake mineral mine claims or file mining patents and gold panning on state-owned land and water areas;
(10.6.2011/626)
In this case, the obligation to negotiate applies to the Finnish Safety and Chemicals
Agency Tukes, but it is important for an actor planning exploration activities in the Sámi
homeland to consult the Sámi Parliament and the relevant reindeer herding co-operative to establish how the intended operation will affect reindeer herding and the exercise
of the Sámi culture.
2.12 The Skolt Act
The objective of the Skolt act (kolttalaki, 253/1995) is to improve the living conditions
and livelihoods of Skolt Sámi people living in the Skolt area, or the Skolts, and to maintain and promote the Skolt culture. In actions taken pursuant to this act, particular attention must be paid to such aspects as sustainable use of natural resources, preservation of heritage landscapes and other environmental perspectives.
Under section 44.1 and section 56.1 of the Skolt act, the Finnish Safety and Chemicals
Agency Tukes must consult the Skolt village meeting and the Skolt Council on any exploration planned in the area. In practice, this becomes topical as an exploration permit
is applied for.
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3. Protected areas, areas covered
by conservation programmes and
the Natura 2000 network
3.1 Introduction
eof different protected areas reserved for different purposes in
Finland. Nature reserves and wilderness areas are protected areas established by an
act, or by decrees or decisions issued by virtue of an act. Other special areas include state hiking areas established by decisions made under the Outdoor recreation act (ulkoilulaki 606/1973) and forest areas protected by Metsähallitus.
THERE IS A NUMBER
The network of nature reserves in Finland has been developed strongly, especially since
the 1970s, and the government has adopted a number of resolutions on national conservation programmes of various habitats, including mires, waterfowl habitats, herb-rich
forests, shore areas and old-growth forests. In addition, programmes on national parks
and strict nature reserves and certain separate decisions have been used to develop the
network. Conservation programmes are implemented by setting up nature reserves, in
which protection provisions under the Nature Conservation Act apply.
A programme complementing the conservation of mires is currently being prepared. In
addition, the METSO programme, which aims for more efficient protection of old-growth
forests on a voluntary basis and which also extends to reserves on state-owned land, is
currently in progress.
The protection provisions applicable to nature reserves are laid down in statutes on
their establishment or in decisions made by centres for economic development, transport and the environment. These provisions also determine the procedures for any activities subject to a permit. The network of protected areas comprises national parks,
strict nature reserves or other protected areas, and nature reserves on private land.
Almost all protected areas are also part of the EU’s Natura 2000 network, which covers
approximately 12.3% of the surface area in Finland. The areas in this network are divided into two groups: SCIs (Sites of Community Interest) approved by the European Commission under the Habitats Directive, and SPAs (Special Protection Areas) designated by
member states under the Birds Directive. There are 1,713 SCIs in Finland, the total surface area of which is approx. 4.8 million hectares. The number of SPAs is 468, and they
cover some 3.1 million hectares. The SCIs and SPAs partly overlap. In the future, the SCIs
will become national Special Areas of Conservation, or SACs.
Nature reserves on private land are managed and maintained by the relevant centres
for economic development, transport and the environment, and nature reserves on state-owned land are cared for by the authority in charge of managing them (mostly Metsähallitus). These authorities play a key role in assessing the environmental impacts of
27
exploration in the protected areas, granting of permits for field surveys and supervising
the areas. In addition, the centres for economic development, transport and the environment carry the main responsibility for implementing the conservation objectives of and
supervising the Natura 2000 network.
For the regional distribution of nature reserve types and the Natura 2000 network, see
Figures 1 and 2. For more detailed maps of the various areas, visit OIVA, the environmental and geographical service of the Finnish Environment Institute (http://wwwp2.ymparisto.fi/scripts/oiva.asp). Registration is required to use this services.
Figure 1. Wilderness areas, national parks, strict nature reserves and other nature reserves in Finland.
28
Figure 2. Natura 2000 areas in Finland.
29
3.2 Nature reserves
Nature reserves on state land are established by an act (national parks and strict nature reserves of at least 1,000 hectares), by a government decree (over 100 hectares) or a
decree of the Ministry of the Environment (no more than 100 hectares).
A key objective of establishing nature reserves is to preserve their natural state and ecological values and, if necessary, manage or restore valuable habitats in these areas by
specific management or restoration measures. Nature reserves are also important targets for excursions and enjoyment of the natural world for citizens and support areas
for nature tourism.
In nature reserves established under the Nature Conservation Act currently in force (latest amendment 21.1.2011/58), the prohibitions in section 13 of the act, derogations in
section 14 and derogations subject to special permit in section 15 apply. In areas established prior to this, the basic rules are the same, however with some variations in individual areas.
The statute establishing a nature reserve, or the regulations applicable to it, can prohibit or restrict passage, camping, mooring and landing, and keeping a boat, ship or any
other form of transport in the area. A prohibition or restriction on free passage, mooring
and landing shall apply only if deemed necessary for the conservation of flora and fauna
in the area. (Section 18 of the Nature Conservation Act). In other respects, access to nature reserves, excluding strict nature reserves, is permitted within the scope of everyman’s
rights. Provisions on operating a motor vehicle are contained in the Off-road traffic act.
While nature reserves on state-owned land are as a rule administrated and managed by
Metsähallitus, certain areas are managed by the University of Helsinki and MTT Agrifood
Research Centre Finland (as of 1 Jan 2014, the Natural Resources Institute Finland). More
information about the nature reserves can be obtained from the authorities managing
the areas and the centres for economic development, transport and the environment.
3.2.1 National parks and strict nature reserves
There were 37 national parks with a total surface area of some 978,900 hectares in Finland at the end of 2013. National parks are established to preserve the most significant
natural areas of the Finnish environment, and they also are hiking areas and nature tourism attractions open to the public. National parks are important both at the national
and the international level, and they include heritage landscapes and other significant
natural and cultural attractions.
Strict nature reserves are primarily established for conservation objectives and scientific research. Their protection provisions are more stringent than those applicable to
national parks, and there mainly is no public access to them. Access may be granted for
research and educational purposes, however, and some strict nature reserves have sign-
30
posted hiking trails that are open to the public.
The 19 strict nature reserves in Finland are managed by Metsähallitus. Their total surface area is some 153,000 hectares.
3.2.2 Other conservation areas
Other nature reserves on state land comprise areas belonging to conservation programmes approved by the Government, SCIs or SPAs linked to the Natura 2000 network, protection reservations in land use plans, METSO sites and other areas designated for conservation purposes owned by the state.
There currently are 173 mire conservation areas, totalling 453,000 hectares and mainly representing aapa mires and raised bogs. National parks, wilderness areas and other
nature reserves also contain mires. Of the Herb-Rich Forest Conservation Programme sites, 53 have been designated as herb-rich forest reserves. The conservation of waterfowl
habitats is mainly based on decisions made by the centres of economic development,
transport and the environment. So far, 92 old-growth forest reserves have been set up,
with a total surface of some 10,000 hectares.
Decrees are currently being drafted under which nature reserves will be set up in areas acquired by the state for conservation purposes as part of various conservation programmes or decisions. These statues will cover areas totalling nearly 700,000 hectares,
and they will enter into force gradually over the next few years.
Nature reserves can also be established in areas in private ownership under the Nature Conservation Act. Decisions on nature reserves on private land are made by the relevant centre for economic development, transport and the environment. Currently, over
3,500 protected areas have been established on private land. Their number is high, especially in the southern half of the country, but their total surface is much smaller than
that of state-owned areas. Even the largest private reserves only extend to a few thousand hectares.
3.3 Wilderness areas
In 1991, 12 wilderness areas were established in Lapland under the Act on the protection of wilderness reserves (62/1991), the total surface area of which is approx. 1.5 million hectares. These are not actual nature reserves, and they were set up to preserve the
wilderness character of the areas, to safeguard the Sámi culture and natural means of
livelihood, and to develop the versatile use of nature. Nearly all wilderness areas are managed and administrated by Metsähallitus.
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3.4 The Natura 2000 network
The Natura 2000 network in Finland comprises some five million hectares. Of this area,
three quarters are land areas and one quarter water areas. The total number of the areas is 1,857, and 87 of them are found in the Åland Islands. The northernmost Lapland belongs to the alpine zone, while the rest of Finland is in the boreal zone.
The number of SCIs referred to in the Habitats Directive in Finland is 1,713. They cover
some 4.8 million hectares, or some 12.3% of the total surface area in Finland. There are
468 SPAs referred to in the Birds Directive in the country, whose total surface is 3.1 million hectares, accounting for approx. 8% of the total land surface. The SCIs and SPAs
partly overlap.
In the SPAs established under the Birds Directive, the conservation objectives are associated with protecting certain natural habitats listed in Annex I to the Directive, and
species and their habitats listed in Annex II. There are 69 habitats listed in Annex I in
Finland, including marine and coastal areas, freshwater areas, meadows, fells, mires,
rocky habitats, and forests. There are 82 Annex II species found in Finland, mainly vascular plants, mosses and insects but also mammals, amphibians and molluscs. For more
detailed descriptions of these habitats (http://www.ymparisto.fi/en-US/Nature/Natural_habitats/Natural_habitats_referred_to_in_the_EU_Habitats_Directive) and species (http://www.ymparisto.fi/en-US/Nature/Species/Species_in_the_EU_Habitats_
and_Bird_Directives) see the website of the Finnish environmental administration.
On Natura 2000 sites established under the Birds Directive, the conservation objectives
are associated with protecting regularly occurring migratory birds listed in Annex I to
the Directive and their habitats. On sites belonging to this network in Finland, the conservation objectives focus on over a hundred species.
One of the key objectives of the Natura 2000 network is to contribute to achieving and
maintaining a favourable conservation status for the species and habitats in question.
Each site in the network thus plays its own role in fulfilling this mission, and the sites
are protected and managed to secure them a status that is as favourable as possible for
achieving this goal.
The conservation mechanism of the Natura 2000 network based on the aforementioned
Directives obliges Finland to implement protection measures that meet the ecological
requirements of the natural habitats and species relevant to the conservation objectives of the sites, to prevent deterioration or disturbance in them and to ensure that when
projects and plans are approved, there is no significant adverse effect on the sites’ conservation objectives. These obligations guide the actions of the authorities when making decisions on measures that affect the Natura 2000 network.
The Finnish Natura 2000 network was to a great extent put together from existing nature reserves established earlier, areas covered by national conservation programmes
32
or other areas designated for conservation, including conservation reservations in land
use plans. Wilderness areas and hiking areas owned by the state have also been linked
to the network. Consequently, the number of land areas covered by the conservation
mechanism did not go up considerably when the Natura 2000 network was set up. On
the other hand, the number of protected water areas increased as the network was established, both in sea areas and freshwater bodies.
The selection of the areas to be included in this network is being finalised, but certain
minor areas complementing the network still need to be considered.
3.5 Other conservation programmes and key
areas for conservation
There are seven state-owned hiking areas established under the Outdoor recreation act
in Finland intended for hiking and other recreational use. These areas offer signposted
hiking and skiing routes, nature trails and camping areas, and fishing and hunting are
usually also permitted. All hiking areas are managed by Metsähallitus, and they have
been joined to the Natura 2000 network.
There also are sites on state land that Metsähallitus has by its own decisions designated as protected forests. These areas are vital, for example as corridors linking protected
areas.
Landscape conservation areas refer to landscape conservation areas established in order to preserve and manage a natural or cultural landscape of outstanding beauty, historical interest or other special value (section 32 of the Nature Conservation Act). Three
landscape conservation areas of national and two of regional significance have been set
up under this provision.
In order to inventory areas of valuable landscapes in Finland, an expert group appointed
by the Ministry of the Environment specified 156 landscape areas in 1995, which were
designated as being of national value in a government resolution. Their total surface
area is some 730,000 hectares. The majority of the areas specified as valuable landscapes are found in the farming regions of Southern and Western Finland. An update of this
inventory is under way.
METSO programme is an attempt to expand protected old-growth forest areas, especially
in Southern Finland, by landowners’ voluntary action. These sites either become private
nature reserves or, when the landowner sells the area to the state, state nature reserves
established by a decree. Areas on the so-called old state lands managed by Metsähallitus are also being set aside for the establishment of nature reserves.
Baltic Sea Protected Areas (BSPAs). As part of the Helsinki Commission’s work (HELCOM),
62 coastal areas that for the main part already were conserved at some level were incorporated in the Baltic Sea Protected Areas network in 1994. In 1998, 24 new sea areas
33
were included. Of Finnish areas, the BSPAs include key marine Natura 2000 sites, such
as maritime national parks and the archipelagos of Quarken and Rauma, which mainly
are managed by Metsähallitus.
Ramsar sites. Finland became a signatory to the international Ramsar convention on
wetland conservation in 1975. The convention obliges the signatories to promote the
conservation of wetlands of international importance by establishing wetland nature reserves. The convention has been signed by 138 states. There are 49 Ramsar sites in Finland with a total surface of 785,780 hectares. Of these areas, 11 are managed by Metsähallitus. The sites were selected to optimally represent mires, lakes, coastal bays and archipelago areas important for waterfowl in Finland. All Finnish Ramsar sites are part of
the Natura 2000 network, and their conservation objectives are implemented through
the Natura 2000 site conservation measures.
There are two biosphere reserves in Finland, or the North Karelia biosphere reserve established in 1992 and the Archipelago Sea biosphere reserve as of 1994. These sites are
part of the UNESCO’s Man and the Biosphere (MAB) programme. They are model areas
for sustainable development in which an attempt is made to combine protecting biodiversity in the living environment with sustainable use. Both sites are partly managed by
Metsähallitus.
The Unesco World Heritage Committee accepted the Quarken archipelago on the World
Heritage List at its meeting in Lithuania on 12 July 2006. The Quarken archipelago is the
first natural heritage site in Finland on the list, which already contained six Finnish cultural heritage sites.
In addition to national conservation programmes aiming to establish nature reserves,
various programmes, studies and inventories have been drawn up containing information on individual areas, which provide information on important conservation or
landscape protection values in specific areas. These include the Esker Conservation Programme, an inventory of wind and coastal deposit of national value, and a study of glacial
till deposits of national value.
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4. Taking protected habitats and
species into account outside
conservation areas
PROTECTION PROVISIONS applicable to protected species are laid down in sections
39 (animals) and 42 (plants) of the Nature Conservation Act. These must also be complied with when operating outside protected areas. Such actions as deliberate killing and
capture of protected animal species, appropriation, removal or deliberate destruction
of nests or eggs and other deliberate disturbance are prohibited. Destroying protected
plant species is similarly prohibited.
The deterioration and destruction of a habitat important for the survival of a species under strict protection is prohibited under section 47 of the Nature Conservation Act. This
prohibition enters into force once a centre for economic development, transport and the
environment has specified the boundaries of the relevant area by its decision.
The destruction and deterioration of breeding sites and resting places used by specimens
of animal species referred to in Annex IV(a) of the Habitats Directive is prohibited. Under section 49 of the Nature Conservation Act, this prohibition is in force everywhere
without separate specific decision made by the authorities. The species occurring in
Finland are listed in Annex 5 to the Nature Conservation Act.
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5. Exploration and mining in
protected areas
5.1 General preconditions
areas in Finland are located in areas that are of interest for
exploration. Especially in Northern Finland, extensive areas belong to sites protected under
the Nature Conservation Act, wilderness areas and other sites in the Natura 2000 network.
SOME OF THE PROTECTED
When operating in a Natura 2000 area, the general principle is that no significant adverse effect may be caused to the ecological values for which the area was protected or included in the Natura 2000 network. Practical exploration activities must thus be carried
out in a manner for which it can be stated with certainty in advance that it will not cause significant adverse effects. As an exploration permit is always needed if exploration
could cause any deterioration in value related to the nature protection values (section 9.2
of the Mining Act), an exploration permit granted by the Finnish Safety and Chemicals
Agency Tukes is required as a rule when operating in Natura 2000 areas. If there is a nature reserve referred to in the Nature Conservation Act in the Natura 2000 area, a permit
from the Ministry of the Environment, Metsähallitus or the centre for economic development, transport and the environment is required, depending on the statutes or decisions
by virtue of which the area was established. This permit may only be granted if the activities do not risk undermining the purpose for which the nature reserve was established
or cause significant deterioration in the ecological value of the Natura 2000 site.
When considering the possibilities of proceeding to exploration and mining in a protected
area, the issue must be examined on its individual merits, determining the type of protected
area in which the activities would take place, the conservation values of the area in question
and the impacts the planned activities would have on the environment. The impacts of the
activities must be assessed in various stages of the process from exploration to setting up a
mine, whenever there is a significant change in the activities compared to the previous stages.
As a basic assumption, mining is not possible in nature reserves, and the authorities cannot grant derogations to this rule. A precondition for granting a mining permit always is
repealing or amending the acts, decrees or decisions establishing the nature reserve. In
most areas, a requirement for making amendments of this type would also include meeting the exceptional criteria concerning adverse effects on the Natura 2000 network.
This means that the amendments and permits required for a mining project that causes
significant adverse effects are only possible if the Government in plenary session decides
that, in the absence of alternative solutions, the project must be carried out for imperative reasons of overriding public interest. Sections 65 and 66 of the Nature Conservation Act on impact assessments and the permit procedure thus play a key role in mining
projects, and they should already be taken into consideration in the exploration phase.
It is vital that the operator liaises adequately with the centre for economic development,
transport and the environment and the authority managing the area in all stages, starting
36
with the planning of the exploration phase. The relevant authority can provide detailed information on the protection of the area and the grounds on which it is protected, which the
operator will, for example, need when assessing the impacts of their activities on Natura
2000 sites when submitting a permit application to the Chemical and Safety Agency Tukes.
Tukes may only grant an exploration permit and make a decision on a mining permit if the
assessment and statement procedure related to the activities indicates that there will be no
significant adverse impacts on the ecological values of a Natura 2000 site. If adverse impacts
will be caused, or there are grounds to expect that such impacts will be caused, the permit
may only be granted if the Government in plenary sessions decides that the project must be
carried out for imperative reasons of overriding public interest. In this case, compensation
for loss of ecological values in the Natura 2000 network is required. Implementing a mining
project may also require a procedure referred to in the Land Use and Building Act.
5.2 Exploration permit in a Natura 2000 area
5.2.1 Establishing the need for a Natura assessment
for exploration purposes
When applying for an exploration permit, the operator as a rule has to attach an appropriate assessment of the impacts the operations will have on ecological values in a
Natura 2000 area referred to in Section 65 of the Nature Conservation Act to the application submitted to Tukes. If negative impacts can be excluded in advance from the
start due to the nature of the activities and conditions in the area, it may be adequate
to only attach to the application a reasoned statement explaining why an assessment is
not considered necessary. On this basis, the permit authority will decide if the applicant
is required to prepare a more detailed impact assessment.
When drawing up this explanation, the operator should liaise with the centre for economic development, transport and the environment and the authority managing the area
to establish the boundaries of the protected area and its ecological values and to obtain
other relevant advice from the authorities. This explanation should be attached to the
exploration permit application.
According to case law consisting of rulings by the Court of Justice of the European Union,
an appropriate impact assessment must always be carried out, unless significant impacts
on the area can be excluded in advance based on objective reasons. In practice, an impact
assessment is thus almost always required. However, there may be great variations in its
scope depending on the nature of the activities and ecological values of the area.
5.2.2 The role of a Natura assessment in exploration
Under the Nature Conservation Act (section 65), the planner or implementer of the project
is required to conduct an appropriate assessment of the project’s impact on ecological values if, either individually or in combination with other projects and plans, it is likely to have
37
a significant adverse effect on them. This also applies to activities outside a Natura 2000
area, if they are likely to have significant adverse impacts on ecological values that extend
to a Natura 2000 area. The applicant must describe the survey and exploration methods to
be used, ecological values of the site in question and the impacts the activities will have on
these values in adequate detail. Measures by which the adverse impacts can be prevented or
alleviated must also be discussed. The Finnish Safety and Chemicals Agency Tukes must ensure that an assessment referred to in the Nature Conservation Act has been carried out and
request the centre for economic development, transport and the environment and the authority managing the protected area for their statements on the assessment.
In their statements, the centre for economic development, transport and the environment
and the authority managing the area evaluate the appropriateness of the Natura assessment, or evaluate whether the assessment has been drawn up in adequate detail and
whether it is comprehensive enough, and give their opinions on the conclusions of the assessment as regards the impacts of the planned activities on ecological values in the area.
If the assessment and statement procedure described above is not sufficient to ensure that
the activities will not cause significant adverse effects on the ecological values in question,
under section 66.1 of the Nature Conservation Act, Tukes cannot grant an exploration permit. According to the interpretations of the Court of Justice of the European Union, a precondition for granting a permit is that the authorities can, on the basis of the reports submitted,
in advance ascertain that the project or a plan does not have an adverse effect on the integrity of the relevant Natura 2000 area. This requirement will be examined from the perspective of the conservation objectives related to natural habitats and species on the grounds of
which the area was protected. In terms of natural habitats, as an adverse effect on their integrity will be considered permanently endangering their unique ecological characteristics.
Activities that could lead into the disappearance of a habitat, for example, or its even partial
and irrevocable destruction, thus cannot be approved. In case of species, the adverse effects
may also comprise disturbing individuals of a species to various degrees.
A government plenary session can make a decision on whether the project could, however,
in the absence of alternative solution be carried out for imperative reasons of overriding public interest. In practice, approving an exploration permit in this manner is highly exceptional.
5.2.3 Granting of exploration permits
In addition to an exploration permit granted by the Finnish Chemicals Safety Agency Tukes the operator will need, in order to proceed to field surveys in a nature reserve, any
permit to carry out geological surveys or exploration in a nature reserve required in the
statute establishing the reserve. The operator must attach to their survey permit application a statement from a centre for economic development and transport on whether a
Natura assessment needs to be drawn up. Depending on the protection provisions applicable to the protected area, the permit application should be addressed to the authority managing the area, the centre for economic development, transport and the environment or the Ministry of the Environment.
38
A survey permit applied for a nature reserve may be appealed. The permit will only be valid after the period of appeals (30 days) has elapsed and any appeals have been resolved.
For instructions on applying for a survey permit, see section 5.2.4 and Appendix 3.
5.2.4 Process diagrams
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Stages of applying for an exploration licence in a Natura 2000 area.
1. Exploration permit
1A. Natura assessment
- The mining authority may not grant a permit for implementing a project or
approve or confirm a plan if the assessment and statement procedure referred to in section 65, subsections 1 and 2, shows that the project or the plan
has a significantly adverse effect on the ecological values of a site when the
site has been included in, or is intended for inclusion in, the Natura 2000 network for the purpose of protecting this ecological value.
- The presenting official checks whether the application and the attachments meet the criteria laid down
in the law.
- The mining authority must ascertain that an assessment referred to in Section 65.1 has been drawn up. The mining authority must then request a statement on the assessment from the centre for economic development, transport and the environment and the authority managing the protected area.
This statement must be given without delay and, at the latest, within six
months.
- The operator submits an exploration permit application pursuant to section 34 of the Mining Act
(621/2011) and sections 12–13 and 16–17, 21–24
of the government mining decree (391/2012) to Finnish Safety and Chemicals Agency Tukes on Tukes
application form with the requisite attachments.
- Complementary documents are requested from
the applicant if shortcomings are found in the application or the attachments, or the relevant area is
affected by an impediment referred to in the Mining
Act.
2. Consultation and statements
- The presenting official prepares consultation documents and requests for statements for the application, posts a notice of the application and requests
for statements on it as prescribed in sections 37,
38, 39 and 40 of the Mining Act (621/2011)
- Tukes must request statements on the exploration
permit application as stated in Section 37 the Mining Act (621/2011), and any other statements and
reports required to make a decision on the permit.
- The applicant and other parties involved in the
matter must be reserved an opportunity to provide
information related to any claims and reports contained in the statements and complaints that may
influence the decision on the matter (621/2011,
Section 39).
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1B. Government and the European Commission
However, the mining authority may grant a permit if the Government in a plenary session decides that said project or plan must, in the absence of alternative
solutions, be carried out for imperative reasons of overriding public interest.
Where a site hosts a priority natural habitat type referred to in Annex I, or a
priority species referred to in Annex II, of the Habitats Directive, a further precondition for granting a permit or adopting or ratifying a plan is that a reason
relating to human health or public safety, or to beneficial consequences of
primary importance for the environment, or any other imperative reason of
overriding public interest so demands. In the latter case, an opinion shall be
requested from the European Commission.
1C. Survey permit
If a permit prescribed in other legislation is required for exploration, however,
the activities may only be initiated once the appropriate permit decision is legally valid or an authorisation to initiate the activities has been received.
- When additional information is provided, the interested parties must be reserved an opportunity to
respond to it if the information may influence the decision on the matter.
1D. Collateral
The exploration permit holder shall deposit collateral for the purpose of offsetting potential damage and inconvenience and performing after-care measures, unless this can be deemed unnecessary in view of the quality and
extent of operations, the special characteristics of the operating area, permit
regulations issued for the operations, and the applicant’s solvency.
3. Consideration of permit decision
- An exploration permit is granted if the applicant
can prove that the conditions laid down in the Mining Act are met and that there is no impediment referred to in the Mining Act to granting the permit.
1E. Appeals
– Any appeals against a decision by a mining authority, issued under the Mining Act, shall be filed in the manner prescribed in the Administrative Judicial
Procedure Act (586/1996), unless otherwise provided hereinafter. The right of
appeal is determined pursuant to section 165 of the Mining Act (621/2011).
4. Decision
- A decision on an exploration permit will be issued
after public notice has been given of the matter, and
parties entitled to lodge an appeal will be regarded
as having informed of it once it has been issued.
The contents of the decision must be as stated in
section 56 of the Mining Act (621/2011)
– The administrative court in whose jurisdiction the main part of the exploration area referred to in the decision is located shall be competent in the matter.
– The exploration permit will be legally valid if no appeals are lodged during
the appeal period, or the appeals lodged in the matter have been rejected
and all the conditions laid down in the permit have been fulfilled.
5.3 Mining in a Natura 2000 site or in its
vicinity
5.3.1 Establishing the need for a Natura assessment
for mining
Similar provisions and principles as those discussed in section 5.2.1 on exploration also
pertain to applying for permits required for mining. In practice, a statement on the need
for an assessment hardly ever is adequate for examining the impacts of mining, and as a
rule, an appropriate assessment referred to in section 65 of the Nature Conservation Act
must be drawn up. The impact assessment can also be produced as part of the process
referred to in the Act on Environmental Impact Assessment Procedure, even if in practice, it is often necessary to complement it as the planning progresses and the contents
and impacts of the project are known more specifically.
5.3.2 The role of a Natura assessment in mining
The procedure described in section 5.2.2 on the assessment required for exploration
also applies to assessing the impacts of mining. Identifying the impacts of the project
and the areas affected plays a key role. The assessment must individually address all
natural habitats, and species and their habitats, on the grounds of which the site was
included in the Natura 2000 area in question. The impacts to be examined may be not
only those that directly alter or destroy habitats but also indirect impacts, including
hydrological impacts or emissions. Impacts that disturb species must also be investigated. Examining alternative ways of implementing the project is already essential in this
phase of the project.
It may be possible to grant a mining permit regardless of the significant adverse effects
of the project if the project must be carried out for imperative reasons of overriding public interest. If the conclusion of the assessment and statement procedure for a mining
project is that the project has, or it can justifiably be expected to have, significant negative impacts on ecological values, the Finnish Safety and Chemicals Agency must refer
the matter to the Government. A government plenary session can make a decision on
whether the project could, however, in the absence of an alternative solution be carried
out for imperative reasons of overriding public interest. The matter will be presented
to the government by the Ministry of the Environment. The Government’s decision may
not be influenced by other reasons than public interest alone. Public interest may include social and financial reasons, for example creating employment.
In addition to weighty reasons of public interest, it should be noted that a precondition
for granting a permit is that there are no alternatives to the project. In practice, this means that the possibilities of pursuing other alternatives must be examined, and the solution with the least negative impacts on a Natura 2000 site must be selected. If the impacts
affect priority habitats or species of the Natura 2000 networks, the opinion of the European Commission must also be requested before the Government makes its decision.
41
The third precondition for applying the exceptional procedure is that under the Nature
Conservation Act, the deterioration of the network must be compensated for, and before the Government discusses its decision and before any opinion is requested from the
European Commission, it must thus be examined if it is possible to compensate for the
deterioration, and determine the procedures by which the compensation will be implemented and funded.
Another prerequisite for the Government granting a permit is ensuring that the mining
permit application otherwise meets the legal requirements. In other words, the mining
project application must in other respects be ready for the decision to be made, and if
the application contains other shortcomings, it must be returned for supplementation
or rejected. The government does not basically examine the legality of the mining project as such, and resolving this question is the duty of the mining authority, or Finnish
Safety and Chemicals Agency Tukes.
The decision of the government plenary session can be appealed to the Supreme Administrative Court. Actions implemented as compensating for projects with negative impacts that are permitted in the name of public interest must be reported to the European Commission. So far, no permits have been granted to any projects following this exceptional procedure.
Once the government’s decision to grant a permit has become legally valid, Tukes may
continue the decision-making process under the Mining Act to grant the mining permit.
In accordance with instructions issued by the European Commission, the results of the
compensation measures must be visible before the activities with a negative impact are
initiated.
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6. Exploration in the reindeer
management area
tarea intended for reindeer husbandry extends from
Northern Ostrobothnia and Kainuu to the northernmost reaches of Lapland (Figure 3). It
covers over one third of Finland’s surface area. In the reindeer management area, reindeer husbandry activities are organised around units of different sizes and with different numbers of animals, or reindeer herding co-operatives. There are 56 reindeer herding co-operatives in Finland (Figure 3).
THE REINDEER MANAGEMENT
Under the Act on Reindeer Husbandry (848/1990), the reindeer management area in
Finland is divided into two parts: the reindeer management area and the area specifically intended for reindeer management, which comprises 20 of the northernmost reindeer
herding co-operatives. The area specifically intended for reindeer management includes
the Sámi homeland (13 of the northernmost reindeer herding co-operatives) and also the
Skolt area. The Sámi homeland is defined in the Act on the Sámi Parliament (974/1995,
Section 4) and the Skolt area is specified in the Skolt act (kolttalaki, 253/1995) (Figure 3).
The task of a reindeer herding co-operative is to ensure that the reindeer of the cooperative’s shareholders are looked after in the territory of the reindeer herding co-operative and that the tasks concerning reindeer herding are carried out. The chairman of
a reindeer herding co-operative represents the co-operative and must ensure that the
practical tasks for which the co-operative is responsible are carried out. The chairman of
the local co-operative is the person to be contacted in all matters relating to the co-operative, including requests for statements or when giving public notice of the activities. The
contact details of the chairman can be obtained from the Reindeer Herders´ Association.
All co-operatives are members of the Association. The Reindeer Herders´ Association was established by virtue of the Reindeer Husbandry Act, and its tasks include acting as a link between reindeer herding co-operatives, managing the reindeer economy, promoting reindeer
herding and reindeer husbandry research and development, and managing the relations between the reindeer economy and the rest of society. The Reindeer Herders´ Association is also
an advisory organisation for the co-operatives and reindeer owners, and it passes on information between the central government and the co-operatives. While the Association frequently takes part in various working groups and land use procedures, it does not actually
represent the co-operative in the relevant area. It thus cannot enter into agreements or negotiate on behalf of the co-operative, and operators should always contact the co-operative
directly. However, the Association has an expert role in the reindeer industry and in disseminating information, and as such it can be an important stakeholder in the procedures.
Reindeer herding and the Mining Act
The sections on exploration in the Mining Act (621/2011) contain the following provisions on taking into account reindeer herding.
Under section 12 of the Act, in advance of all field work that that could cause any damage or harm, and of any temporary constructions to be erected, a notification must be sub-
43
mitted to the appropriate local reindeer herding co-operative within the area specifically
intended for reindeer herding. Under section 15 of the Act, the exploration holder shall
submit a notification in writing to the mining authority, the owners of the properties included in the exploration area, and other holders of rights once the after-care measures
of exploration have been completed. Moreover, notification shall be submitted to the appropriate local reindeer herding co-operative in the special reindeer managing area.
Section 38 of the Mining Act contains provisions on establishing the impacts caused by
activity in accordance with the exploration permit, mining permit, or gold panning permit. In the special reindeer management area, the permit authority shall, together with
the reindeer herding co-operatives active in the area, assess any damage to reindeer herding. Also when assessing the impacts of the activities on the rights of the Sami as an
indigenous people to maintain and develop their own language and culture and considering measures required for decreasing and preventing damage in the Sámi homeland,
this must be carried out in co-operation with the Sámi Parliament, the local reindeer herding co-operatives, the authority or institution responsible for management of the area,
and the applicant. In order to clarify the matter, the permit authority may, if necessary,
arrange an event to which the representatives of the Sami Parliament; the Skolt village
meeting; the Skolt Council; the local reindeer herding co-operative concerned; the applicant; and the authority or institution responsible for management of the area, the local
authority, the local fishing area, and forests in joint ownership are invited for consultation. Further provisions concerning the obligation to negotiate are laid down in section 9
of the Act on the Sami Parliament and section 53 of the Reindeer Husbandry Act.
Under Section 50 of the Mining Act, an exploration permit, mining permit, or gold panning permit must not be granted if activities under the permit would cause considerable harm to reindeer herding in a special reindeer management area. However, a permit
may be granted regardless of an impediment referred to in subsection 1 if it is possible
to remove such an impediment through permit regulations. Under section 51 of the Act,
the exploration permit shall include the necessary provisions for securing public and
private interests concerning measures to diminish harm caused to reindeer herding in a
special reindeer management area; The mining permit must also include the necessary
provisions for the avoidance or limiting of detrimental impacts of mining activity and
addressing of elements necessary to ensure people’s health and public safety (may e.g.
apply to reindeer herders in their work) and measures to diminish harm caused to reindeer herding in a special reindeer management area;
Section 58 of the Mining Act contains provisions on informing the interested parties of a decision concerning an exploration permit, mining permit or gold panning permit. A copy of a
decision involving a special reindeer management area must be submitted to the local reindeer herding co-operative. Under this section, the permit authority shall inform any parties
that have filed a complaint about the matter or separately asked to be informed of the decision, and those parties concerned whom the matter specifically concerns. The section may
thus concern reindeer herding co-operatives outside a special reindeer management area.
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In addition, Part III of the Mining Act contains provisions on compensation and Part IV
on mining safety, which may be applicable to reindeer herding. Section 146 also contains
provisions on a final inspection after mining has been concluded. The mining authority
must inform the local reindeer herding co-operatives in a special reindeer management
area about the final inspection.
Kuva 3. Division of the Finnish reindeer management area and the co-operatives
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6.1 Taking account of reindeer husbandry in
exploration
As a traditional form of usufruct and a holder of grazing rights in this area, reindeer herding must be taken into consideration in any exploration in the reindeer management
area. The operator has the duty to be aware of the impacts their activities have on the
environment and other actors in the area.
Appendix 3 of the guide published by the Finnish Association of Reindeer Herding Cooperatives and the Regional Council of Lapland (Opas poronhoidon tarkasteluun maankäyttöhankkeissa, Paliskuntain yhdistys 2013, http://www.paliskunnat.fi/poroYVA/)
contains a list of aspects to be taken into consideration in exploration activities. The
guide also discusses more extensively the aspects of reindeer herding that need to be
taken into consideration in the further phases of establishing a mine.
6.1.1 Before exploration
Surveys can be carried out without an exploration permit by the landowner’s consent.
On state land, Metsähallitus requests statements from the reindeer herding co-operatives when making decisions on exploration by the landowner’s consent. The current policy of Metsähallitus is that it does not grant a landowner’s consent to protected areas,
areas covered by conservation programmes, or the Sámi homeland. These policies are
also contained in the agreement concluded between the Reindeer Herders´Association
and Metsähallitus on the principles of using state land in the reindeer management area.
When making a decision on an exploration permit, the mining authority requests a statement from the reindeer herding co-operative in the area. All decisions issued by the
mining authority contain special regulations on taking reindeer herding into account.
It is vital that the local co-operative is contacted about the exploration practices in good
time. Before initiating the activities, the manner in which reindeer and reindeer husbandry use the area should be investigated. The reindeer graze in different types of pastures in various seasons, and they are free either throughout the year or a major part of
the year. In the breeding season, the reindeer also have specific calving or rutting areas. Reindeer herders rely on the natural pasture rotation and movements of the reindeer. However, the reindeer herding customs vary according to cultural differences in
various areas. Reindeer herding tasks include rounding up the reindeer (from October
to February), after which they are counted and animals intended for slaughter are separated out, and bringing calves in for marking in the middle of summer. Utilising snow
mobiles or ATVs the herds are transported along natural routes found good over the decades, where the reindeer move along easily without having to be driven forcefully. Consequently, making changes in these routes is difficult.
If the activities take place in areas that are critical for the reindeer or the work of the
co-operative, they should be planned together with the co-operative. Meetings with the
reindeer herding co-operative are a good way of passing on information about where,
46
when and how the exploration will be carried out. At the same time, the operator can
gather information about the way the co-operative works and adjust the timing of their
activities so that neither party is disturbed. Some operators have organised meetings
before applying for the actual exploration permit, or in the ore prospecting phase. By
means of open communication and liaising from the beginning, unnecessary rumours
and conflicts can be prevented. Geographical information on reindeer herding has been
compiled and that can be used to assess the impacts of the activities in beforehand. This
data set includes the various pastures of each co-operative, areas used during the breeding season and reindeer herding infrastructure. The data can be accessed by permission of the co-operative in question. Enquiries about the procedure related to accessing
this data can be made to the Reindeer Herders´ Association.
6.1.2 During exploration
As areas barred from other activities, including forestry, protected areas often are important pastures or breeding areas for the reindeer, and thus particular care must be
taken in exploration, especially in protected areas, regarding both the activities and traces left in the field.
Off-the road traffic and flying low during exploration, and other activities resulting in noise, such as drilling or explosions, may disturb the reindeer or reindeer herding. For example, activities taking place close to an access route to a round-up corral, or in the vicinity of
a fence, may disrupt the transport of reindeer. In general, any sudden noises, smells and
movements caused by people, machinery, excavation, drilling etc. may frighten the reindeer and scatter the herd to be transported. This may undo work that has taken hours or
even days to complete. Unnecessary snowmobile tracks in the season for deep snow attract reindeer who may follow the tracks, scattering the herd and sending it to a wrong direction. In late winter, the females are prone to miscarry if they panic and start running in
the deep snow. The females are also sensitive to disturbance in the calving season in May
and when caring for young calves, and once disturbed, they will move away from an area.
Exploration must be scheduled to take place in a season when it causes as little disturbance to the animals as possible. The timing of exploration and the equipment and methods
used must be discussed with the reindeer herding co-operative in the area.
The co-operatives’ round-up corrals are often extensive systems that consist of various parts (Figure 4). Especially in the north, the co-operatives often also have boundary
fences and fences that separate different pastures, and keeping the fences secure is vital for directing the grazing and movements of the reindeer and the success of reindeer
husbandry. Round-up corrals and other structures must not be damaged. If there is a
need to access an area inside, or on the other side, of the fence, a gate must be used. Gates must be closed. If it is necessary to make openings in the fences, for example to gain
access for equipment, this must be discussed with the co-operative. If excavations and
similar are made inside a round-up corral, particular care must be taken to mark them
and to cover them immediately once the activities are finished. Exploration may not be
carried out inside the fence or in its vicinity (e.g. on a transport route) when a separation or calf marking fence is being used for reindeer herding.
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Figure 4. The co-operatives’ round-up corrals may be extensive systems
with various components consisting of timber structures and fire fencing.
(Figure: Northland Mines Oy)
When handling soil materials, an effort must be made not to create steep drops or banks
that cause a risk to motor vehicles. Deep excavations or steep banks may also present
a danger to the reindeer, for example if they become frightened and run away. Soil extraction sites, exploratory excavations and deposit areas etc. should thus have shallow
slopes, and they should be covered as soon as possible. If it is necessary to leave the
excavations open, they should be marked visibly. Bunting and other types of string are
a safety risk for reindeer, as they get used to these items and start passing over or under them. The string may become entangled in their antlers, and the reindeer may be
caught by the string and starve to death or become strangled. On the other hand, wider
plastic tape tends to become slack and break, and it may easily be covered by snow. The
best way to mark excavations left open for extended periods is to fence them, for example with a roundpole fence or colourful plastic netting. Sturdy posts are needed for this,
and the netting must be carefully attached. Canes with reflectors also draw attention
and may be an adequate solution for marking excavations. It is a good idea to ask the
co-operative’s opinion on such markings. The co-operative must also be informed of the
locations of the excavations and the way in which they are marked.
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6.1.3 After exploration
In terms of after-care, it is important that any holes and other excavations are covered
and landscaped so that they do not pose a risk for reindeer or reindeer herders operating an off-road vehicle. No metal pipes may be left sticking up from drilling holes that
could damage a vehicle. To ensure the safety of reindeer, no metal wire, bunting or other
rubbish may be left in the field. These may become entangled in the antlers or around
the neck of a reindeer. Other objects may also be snagged in strings: branches, posts and
other items by which the reindeer may be caught, causing suffering. Rubbish (glass, metal) may injure the hooves, reducing the animal’s chances of survival in nature.
After the activities have been completed, it is good manners to stay in touch with the cooperative and inform it about the progress of the work and the site having been restored
as agreed, and about any further activities. If the exploration results in damage caused
by the reindeer being frightened (e.g. a female miscarries, a herd is dispersed), compensation must be paid as stated in section 42 of the Reindeer Husbandry Act. In the event
that reindeer are injured or die in accidents, the reindeer owners must be compensated
for their losses. Section 103 of the Mining Act also obliges operators to pay compensation for any damage and inconvenience caused by the operations.
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7. Exploration in the Sámi homeland
and the reindeer managing area
7.1 Respecting the Sámi culture when
applying for an exploration permit and during
exploration (the Mining Act 621/2011)
THE ACTIVITIES REFERRED to in the Mining Act (621/2011) shall be adapted with the
Act on the Sámi Parliament (974/1995) , so as to secure the rights of the Sámi as an indigenous people. This adaptation shall pay due attention to the provisions of the Skolt
Act (253/1995) concerning the promotion of the living conditions of the Skolt population
and Skolt area, opportunities for making a living, and the preservation and promotion
of the Skolt culture.
With an application submitted pursuant to Section 34 of the Mining Act, the applicant
must provide reliable information required for making a permit decision on activities in
the Sámi homeland. In an application that concerns the Sámi homeland and the special
area for reindeer herding, the provisions applicable to these areas should be taken into
account in any reports submitted. The survey plan should take account of any restrictions applicable to these areas. If the survey plan indicates that the operator intends to
proceed to exploratory excavations or other activities with similar environmental and
other impacts, the survey plan must contain detailed information about the type, scope
and schedule of the activities and the area they affect. The environmental and other impacts of the activities should be assessed in terms of the rights of the Sámi as an indigenous people, in the Skolt area they should be assessed in terms of the objectives laid
down in the Skolt act, and in the special area for reindeer herding, they should be examined in terms of reindeer husbandry.
Under section 12 of the Mining Act, notification of field work and construction in the exploration area must be given not only to owners of real estate but also to Sami Parliament in the Sami Homeland, the appropriate local reindeer owners’ associations within
an area specifically intended for reindeer herding as stipulated in the Reindeer Husbandry Act (a special reindeer managing area), and to a village meeting of the Skolt people
in the Skolt area.
Under Section 15 of the Mining Act, notification of the after-care measures in an exploration area must be given not only to the owners of real estate but also to the Sámi Parliament in the Sámi homeland, the appropriate local reindeer owners’ associations in a
special reindeer managing area and to a Skolt village meeting in the Skolt area.
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7.2 Respect for the Sámi culture by the
mining authority (the Mining Act 621/2011)
As a basic assumption, to examine the impacts caused by activity in accordance with
the exploration permit both on the rights of the Sámi as an indigenous people to maintain their own language and culture and any damage to reindeer husbandry in a special reindeer managing area, the Finnish Safety and Chemicals Agency Tukes relies on
a statement procedure. A request for a statement is addressed to the Sámi Parliament,
the reindeer herding co-operatives in the area and the authority managing the area. In
its request for statements, Tukes asks the Sámi Parliament to state its opinion on the
necessity of negotiations referred to in section 9 of the Act on the Sámi Parliament, and
requests the reindeer herding co-operative in the relevant area to state its opinion on
the necessity of a consultation referred to in section 53 of the Reindeer Husbandry Act.
In addition, Tukes will request a statement from the centre for economic development,
transport and the environment of Lapland and the municipalities in the area (Enontekiö,
Inari, Sodankylä, Utsjoki).
If the planned activity is essentially different from exploration previously conducted in
the area or will be located in an area where no exploration has previously been carried
out, or if issues indicating a need for further study arise in the course of the statement
procedure and/or making a decision on the matter, Tukes contacts the party having issued the statement and, if necessary, arranges an event to which representatives of the
interested parties are invited for consultation as stated in section 38.5 of the Mining Act.
In this manner, Tukes will establish if there are any impediments referred to in section
50 of the Mining Act to granting a permit, and if there are, whether they could be eliminated by the permit regulations.
Provisions on establishing the preconditions for granting an exploration permit in the
Sámi homeland, the Skolt area or in the special area for reindeer herding are contained
in section 38 of the Mining Act and its detailed rationale.
Procedure to be applied in the Sami Homeland, Skolt area, and
special reindeer managing area (Section 38)
In the Sami Homeland, the permit authority shall – in co-operation with the Sami Parliament, the local reindeer owners’ associations, the authority or institution responsible
for management of the area, and the applicant – establish the impacts caused by activity in accordance with the exploration permit, mining permit, or gold panning permit on
the rights of the Sami as an indigenous people to maintain and develop their own language and culture and shall consider measures required for decreasing and preventing
damage. In such a case, the following shall be taken into account:
1.
any corresponding permits valid in the vicinity of the area referred to in the application;
2. to which areas key to the rights of the Sami as an indigenous people the applicati-
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on pertains;
3. other forms of usage of areas interfering with the rights of the Sami as an indigenous people in the area that the application involves, and in its vicinity.
The provisions laid down in subsection 1 shall also apply to projects implemented outside the Sami Homeland that are of considerable significance as regards the rights of the
Sami as an indigenous people.
In the Skolt area, the permit authority shall request a statement from a Skolt village
meeting concerning assessment of the impacts of activity under the permit on the sources of livelihood and living conditions of the Skolt people. Provisions concerning the statement procedure are laid down in section 56 of the Skolt Act.
In the special reindeer management area, the permit authority must together with the
reindeer herding co-operatives active in the area assess any damage to reindeer herding.
In order to clarify the matter, the permit authority may, if necessary, arrange an event to
which the representatives of the Sami Parliament; the Skolt village meeting; the Skolt
Council; the local reindeer herding co-operative concerned; the applicant; and the authority or institution responsible for management of the area, the local authority, the local fishing area, and forests in joint ownership are invited for consultation. Further provisions concerning the obligation to negotiate are laid down in section 9 of the Act on
the Sami Parliament and section 53 of the Reindeer Husbandry Act
The detailed rational states:
”Subsection 1 of this section would complement the obligation to negotiate in section 9
of the Act on the Sámi Parliament. Under subsection 1 the duty of the permit authority,
when processing exploration, mining and gold panning permits concerning the Sámi homeland, is to examine any positive and negative impacts on the rights of the Sámi as an
indigenous people to maintain and develop their language and culture, and to consider
measures required for reducing and preventing damage. The permit authority would
have to establish the impacts in cooperation with the Sámi Parliament, reindeer herding
co-operatives in the area, the authority, institution or state company managing the area,
and the applicant. In this examination and process of making a permit decision, under
subsection 1, paragraph 2, any similar exploration, mining or gold-panning permits valid
in the vicinity of the area referred to in the application, and under subsection 2, key areas to the rights of the Sámi as an indigenous people, should be taken into account. Under subsection 1, paragraph 3, other forms of usage of areas interfering with the rights
of the Sámi as an indigenous people in the area that the application concerns and in its
vicinity should also be taken into consideration. Above all, it would be necessary to pay
attention to impacts on reindeer herding, which is to be considered important for the
Sámi culture, in the assessment.
Under subsection 2 of this section, the permit authority would have to comply with the
provisions laid down in subsection 1, also in projects implemented outside the Sámi
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homeland that are of considerable significance as regards the rights of the Sámi as an
indigenous people. In practice, this would mainly concern mining permit applications.
When we consider the restrictions placed on activities allowed under the exploration
permit and the gold panning permit, as a basic assumption, exploration and gold panning outside the Sámi homeland cannot be considered an activity that would be of considerable significance as regards the rights of the Sámi as an indigenous people.
Under subsection 3 of this section, the permit authority would have to request a statement from the Skolt village meeting on a permit concerning an exploration, mining or
gold panning permit. The purpose of the statement procedure would be to determine
the impacts on the livelihood and living conditions of the Skolts caused by the activity
under the permit, and take these into consideration in making a decision on the permit.
Section 56 of the Skolt act would be applied to the statement procedure.
Subsection 4 of this section would complement the consulting obligation laid down in
section 53 of the Act on Reindeer Husbandry. In the special area for reindeer management, the mining authority would have the obligation to establish, together with the
reindeer herding co-operatives active in the area, the negative impacts of approving an
application for an exploration, mining or gold panning permit on reindeer husbandry
and to take them into consideration when making a decision on the permit.
Subsection 5 of this section would contain provisions on procedures that complement
those laid down in subsections 1-4. The mining authority could arrange an event to
which key parties for clarifying the issue could be invited for consultation. Depending
on the situation, these could be the representatives of the Sámi Parliament, the Skolt village meeting, the Skolt Council, the local reindeer herding co-operative concerned, the
applicant, and the authority, institution or state enterprise responsible for management
of the area, the local authority, the local fishing area and forests in joint ownership.”
Obstacles to granting of a permit in the Sámi Homeland, Skolt area,
or a special reindeer management area (Section 50)
An exploration permit, mining permit, or gold panning permit must not be granted if activities under the permit:
1.
alone, or together with other corresponding permits and other forms of land use
would, in the Sami Homeland, substantially undermine the preconditions for engaging in traditional Sami sources of livelihood or otherwise to maintain and develop
the Sami culture;
2. would substantially impair the living conditions of Skolts and the possibilities for
pursuing a livelihood in the Skolt area;
3. in a special reindeer management area, would cause considerable harm to reindeer
herding.
However, a permit may be granted regardless of an impediment referred to in subsection 1 if it is possible to remove such an impediment through permit regulations.
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8. Summary
IN THE PRECEDING chapters, we have looked at the legislative framework relevant to
exploration in special areas. It is important to bear in mind that exclusive answers concerning permitted operating methods or the requirements placed on operators cannot
be given. This guide strives to give a general picture of the topic. In addition, the guide points the readers to sources of additional information on individual sites. Each protected area is a unique entity, and the terrain and protection grounds of the site have an
impact on what measures can be permitted in the specific area in question.
The Mining Act is a relatively new piece of legislation, and rulings on its application by
the justice system will provide interpretations of the act in time. The environmental legislation is evolving continuously, and consequently the situation also keeps changing
in this respect. It is thus perhaps necessary to reiterate that the online version of the
guide will be updated as necessary.
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Appendix 1
Exploration and exploration methods
Exploration
The purpose of exploration is to locate natural resource deposits in the ground that can be
commercially exploited. Exploration is a long-term evaluation process of weighing scientific
and economic considerations that may often take several decades. In addition to the natural resource found in the bedrock, it is also influenced by financial, environmental and many
societal factors. This guide focuses on the scientific part of exploration. For the purposes of
mineral surveys, the formation and consistency of bedrock and soil are mapped in a detailed
and versatile manner. The data gathered in connection with exploration also lends itself to
versatile exploitation in land use planning and environmental management.
The exploration process starts with selecting a survey area and analysing existing survey
data (regional surveys). In areas assessed as having the greatest potential for mineral
deposits, more accurate data is collected by means of geological mapping, geophysical
measurements and geochemical surveys (targetting surveys). If bedrock formations assessed to contain mineral ores in quantities that lend themselves to commercial exploitation have been located in the area under survey, the studies will continue with target
scale surveys of the deposits.
Ideally, these four stages should be consecutive, but in the practical exploration process,
the shares of the different stages vary case by case. In areas that have been surveyed little, or when prospecting for a new ore type, regional surveys in the early part of the work
play a significant role. In better known areas, the exploration can start directly with the
latter two stages. Depending on fluctuations in raw material prices or due to new innovations, exploration can also be carried out on identified sites that have already been surveyed once. In most cases, the exploration process ends before the target scale surveys.
1 Selection of area
Exploration usually starts from assessing existing geological data. Modern research methods are employed to combine survey and map data. Archive samples may also be re-analysed. The objective is to define potential survey areas for more detailed studies. Geological Survey of Finland has produced map data covering the entire country that are constantly updated, and thus significant field surveys are usually not needed at this stage.
2 Regional surveys
The purpose of regional surveys is to locate bedrock formations and structures with
potential ore deposits in the selected survey area. This stage, too, can to a great extent
be carried out relying on existing map data and sample material in the core archives of
Geological Survey of Finland. Field work is mainly conducted to confirm formations and
structures identified in existing data and new ideas.
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Data used in the regional survey stage include digital bedrock and soil maps, low altitude airborne geophysics data, regional gravity measurements, regional geochemical
data, as well as satellite images and terrain elevation models. This data can mostly be
accessed through Geological Survey Finland’s web service.
In areas that have not been surveyed previously, it is necessary to gather new data and
also verify the interpretations in the field.
3 Targeting surveys
In the targeting survey stage of exploration, an attempt is made to delimit the sites to
be surveyed in a formation or structure with ore potential before on-site measurements
and sampling.
New field surveys are a key part of targeting surveys. Typically, they comprise surface
geological mapping, geophysical measurements, and taking of soil and rock samples.
It is always necessary to inform the landowners of targeting surveys and, for the part of
machinery surveys, to ask for access permission and to agree in advance on compensation for any damage to trees etc. It is possible to carry out targeting surveys by the landowners’ permission in a reservation area or without a reservation, but as the site to
be surveyed is more accurately specified, an exploration permit is usually applied for at
the latest before target surveys are carried out to ensure the rights for further studies.
4 Target scale surveys
Target scale surveys focus on a carefully specified site estimated to contain ore deposits
that have potential for commercial exploitation. At this stage, the objective of the survey
is to initially find out if the target contains deposits of the sought material that are adequate in quality and quantity for commercial exploitation. An exploration permit referred to in the Mining Act has usually also been obtained at this stage to ensure that the
operator has the right to survey the target.
The methods of site surveys vary from case to case. To begin with, the deposit is defined
and assessed by means of drilling and geophysical measurements. If the results are promising, the quality of the sought material is verified by systematic drilling and analysis
of samples, and sometimes also by excavation and concentration tests.
The site survey stage of exploration may result in local changes in the environment, especially in case of more extensive removal of soil and exploratory excavation. Drilling on
a survey site does not cause significant negative impacts on the environment. Under the
Mining Act, the holder of the exploration permit must notify in writing owners of real estate included in the exploration area, and other holders of rights, in advance of all field
work that could cause any damage or harm, and of any temporary constructions to be
erected. If the activities take place in a protected area, they are subject to case-specific
agreement with the authority managing the site.
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An exploration permit (previously, a claim) safeguards the operators privilege to the surveyed deposit and usually also contains an authorisation to carry out the necessary surveys. It is part of good exploration practice to liaise with the landowners and, from time
to time, inform local residents of the surveys.
Even before site surveys are initiated, ecological values in the area requiring protection
should be assessed in cooperation with the relevant environmental authority to minimise any adverse effects.
Good exploration practices in protected areas
The purpose of protected areas is to safeguard the preservation of species, habitats and
cultural heritage values. Adequate knowledge of the site plays a key role in this. The
authority managing the protected area has drawn up inventories of the natural values
and cultural heritage in the area, which have been adequate for making a decision to
protect the site, but not usually for detailed planning of the activities. Detailed planning
is required when the exploration results in a need to operate large off-road vehicles or to
use heavy machinery. More detailed studies must also be carried out to obtain a permit
to use equipment dragged along the ground when operating in peaty or otherwise soft
soils while the ground is not frozen.
No drilling permits are granted for peatland or other soft soils, except in wintertime
when the ground is frozen and covered with snow. A mechanical trace left while the
ground is not frozen may fill in or be covered relatively quickly, but at the level of vulnerable protected plant species, the change may be long term or permanent. Open peatland
can usually be easily surveyed in wintertime, as there are no trees to block access. Even
in this case, vegetation at the drilling sites must be surveyed in the summer, and it must
be ensured that no protected species are present. A protection zone necessitated by the
conditions of a specific site and accuracy of positioning devices must also be provided
for around the drilling site, the radius of which is 10-20 metres. It is recommended that
a verified site is marked with a stick that is long enough to find in the following winter.
In diamond drilling, fine-grained drill cuttings will be produced, the quantity of which
is determined by the drill hole diameter and the drilling depth. The cuttings may cover
several square metres of vegetation. This layer, which may be several centimetres in
thickness, hardens and may suffocate the most fragile plant species. On the other hand,
nutrient-rich mineral cuttings may result in eutrophication and thus change the vegetation. This is why the drill cuttings are usually collected into a transport container, or on
a tarpaulin at least, and taken away. Vegetable oil based hydraulic fluids are used in drilling machines. Despite this, it is a good idea to use a protective cover under the machine.
When removing the soil cover on bedrock or rock boulders for sampling in protected
areas, protected moss and lichen species must also be taken into account, especially in
herb-rich forests or other fertile soils. In this situation, it is necessary to check with an
expert if protected species occur on the site and how they should be taken into account.
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Exploration methods
Exploration methods are numerous, and they are constantly developing. In the regional
exploration stage, the same methods are often used in various areas, but as the target
and the ore type become better known, the choice of methods can also be made more
accurately. In the regional survey stage, combinations of various methods are also used
to prepare prospectivity maps of ore deposits.
Geological surveys are based on direct field observations and the analysis of samples collected in the field, while geochemical surveys focus on chemical analysis of natural materials and interpretations of the results. In geophysical surveys, the physical properties
of the ground are measured, and geological interpretations of the results are drawn up.
Geological surveys
Surveys of bedrock exposures are carried out by observing outcrops. If necessary, the
earth or moss covering the rock is removed in selected areas. After observations have
been made, the covering can be replaced. Sometimes the most important exposures are
cleaned by washing and kept open for the duration of the survey. Samples for laboratory analysis are taken in selected areas of the exposures, either using a hammer or a portable mini drill. In this case, the drilling sample is a stone core of 10–20 cm in length. A
diamond disc may also be used to take a rock channel sample of some 5 cm in width and
5–7 cm in length, or a percussion drill may be used to collect stone powder.
Indications of ore deposits can also be looked for by boulder tracing. Samples can be
collected of interesting boulders using a hammer or a mini drill for closer analysis. This
type of exploration is in particular associated with samples collected by amateurs. It is
carried out by amateurs interested in exploration, who submit samples for evaluation to
professionals of exploration, usually Geological Survey of Finlan.
Geochemical surveys
The most typical geochemical survey methods used in Finland are till geochemistry
and lithogeochemistry. Till samples are collected by using percussion drilling equipment mounted on a bogie. A percussion drill is used to press the drill bit (often 56 mm
in thickness) to the desired sampling depth or rock surface, and a device for collecting
samples in the bit lifts the sample up for laboratory examination. If rock samples from
the bedrock under the till are collected at the same time, water jet or air blasting is used
in this process. In both cases, the impacts on the natural environment are the same. The
moving machine leaves tracks in the terrain, and a small hole is left where the sample
was taken. Depending on the type of terrain, these traces take about one year to disappear. In surface till sampling, a hole less than one meter deep is dug and, for example, a
bucketful of the till is collected for examination. In some cases, a digger is used to examine the entire till bed and to also obtain an adequately large sample from the deeper
layer. The excavations are usually covered as soon as the samples have been collected.
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Lithogeochemistry refers to the chemical analysis of rock samples and the interpretation of the results. The samples are collected either from rock exposures, from below the
overburden by percussion drilling, or by drilling down deeper into the rock.
The most significant factor with impact on the environment in connection with sample collection is taking the machine to the site. If trees in the area are not dense, the bogie tracks usually disappear in less than a year. In areas with dense vegetation or soft
soils, the tracks will be visible for longer, and care must thus be taken when selecting
the transport routes. Especially in areas where ground water is under pressure, the
sampling holes may cause the water to be discharged to the ground if the holes are not
blocked immediately after taking the samples.
Diamond drilling
The significance of sampling by drilling is highlighted in areas with few rock exposures.
Samples are collected in the field by using a light bogie equipment, and existing tracks
are used whenever possible when travelling off the road. If trees in the area are particularly dense, it may be necessary to fell individual trees when taking samples.
In diamond drilling, a drill core sample that is tens or hundreds of metres long is taken
from the bedrock. Initially, a pipe of some 10–20 cm in diameter is drilled through the
overburden, and the actual rock drilling takes place through this pipe. The diameter of
the hole drilled into the rock in core extraction sampling varies between 46–115 mm. It
is often necessary to leave the protective pipe that reaches to the ground surface in the
drilling hole for surveys to be carried out in the hole later.
The water injected into the drilling pipe is obtained from water bodies in the area or
brought to the site specifically, and afterwards it is allowed to be absorbed into the
ground through a setting container. A short, closed-in protective pipe is left in the field
after the drilling, which can be used to take measurements at a later date. If the pipe is
not left in position, the hole will close by itself, or if necessary, it can be blocked as soon
as the drilling is terminated.
The most significant factor for the environment is the weight of the machinery used to
take the samples. The lightest bogies do not leave any more traces than the equipment
used for till sampling. Greater care must be taken when using heavy drilling machines on
a bogie. In addition to the tracks of the actual drilling machine, environmental impacts
are caused by traffic between the drilling site and the service area. In protected areas,
particular care must be taken when selecting the service routes, and the number of runs
must be minimised. A great volume of traffic may damage the surface roots of trees.
Exploratory excavations
Diggers are used in till surveys to examine the sedimentation stages of the soil in the
surveyed area, heavy minerals in till and the occurrence of boulders originating from the
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ore deposit in the till. In areas with thin overburden, diggers are also used to expose the
rock. Excavations dug for till surveys can be covered straight away, and they thus do not
leave long-term traces in the terrain. Rock excavations can also be covered if necessary,
once the survey has been completed.
Exploratory quarrying
Exploratory quarrying is rarely used as a survey method in exploration. Exploratory
quarrying is necessary to study the possibilities of concentrating the ore to be quarried.
Before exploratory quarrying, the site has already been surveyed and assessed on the
basis of drilling data, and it has been found to have potential for exploitation. An initial
estimate also already exists of the size of the deposit. The size of the exploratory quarry
varies from a few to a few dozen meters.
Geophysical methods
Geophysical surveys refer to measuring the ground’s physical properties, including its magnetic field, gravity, conductivity and radioactive radiation from the bedrock using geophysical survey methods and geological interpretation of the observations. Usually, nothing is collected in the field, and no traces are left in the terrain except those caused by moving around.
Geophysical measurements can be made from the air, on the surface or in drill holes.
The actual measurements, excluding stronger seismic explosions, do not leave visible
traces in the terrain or change the environment. Seismic methods are sometimes used
to determine the thickness of overburden and rock integrity, but these can also be discovered using ground-penetrating radar and gravity measurements.
Airborne geophysics
Geophysical measurements covering large areas are increasingly carried out as airborne
measurements, using equipment installed either on an aeroplane or a helicopter. Measurements taken by using miniature UAVs are also becoming more common. The entire territory of Finland has been covered by so-called low altitude airborne surveys. However, in some
cases data measured using a denser line spacing is needed for exploration. Typical techniques include magnetic, electromagnetic and radiation measurements; gravity is today also
commonly measured from the air. In the timing of the measurement, the rules of the aviation authorities must be followed, as well as instructions in which such aspects as important
bird nesting areas, fur farms and reindeer calving periods are taken into consideration. Apart
from the noise, the actual measurements cause no adverse impacts on the environment.
Surface geophysics
Surface geophysical measurements typically include magnetic, electromagnetic, electrical and gravity measurements, and sometimes also radiometric measurements. In magnetic, gravity and radiometric measurement techniques, the deviations caused by the
60
ground’s magnetic field, gravity and radioactive radiation are measured. In electromagnetic and electrical techniques, deviations, conductivity or electrochemical phenomena
that are either natural or caused by artificial source fields are detected.
GPS methods are now used for positioning in the field, and using lines for positioning
purposes is today usually not necessary. Surface measurements are carried out by foot
or using a quad bike and, in winter, a snowmobile. The measurement site is usually accessed by an off-road vehicle using roads or trails. When a mechanical vehicle is used,
the restrictions applicable to operating a motor vehicle off the road must be observed.
Bore hole measurements are taken in drill holes either immediately after drilling or later. They are used to study the physical and chemical rock properties and to produce various types of drill hole imaging.
The series of images below shows examples of the various techniques.
Figure 1. Airborne geophysical measurements at the height of 60 meters.
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Figure 2. Geophysical field survey.
Figure 3. Geophysical survey on a frozen lake. Photo by Tapio Halkoaho, GTK
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Figure 4. Geophysical drill hole measurements Photo by Jari Väätäinen, GTK.
Figure 5. Geophysical field survey. Photo by Jari Väätäinen, GTK
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Figure 6. Diamond drilling. Photo by Jari Väätäinen, GTK.
Figure 7. On top, diamond cutting. At the bottom is shown the drilling site
after the machine has moved off. Photo by Tapio Halkoaho, GTK.
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Figure 8. Taking a rock sample by a mini drill. Photo by Tapio Halkoaho, GTK.
Figure 9. Searching for boulders. Photo by Jari Väätäinen, GTK.
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Figure 10. Uncovering the rock. Photo by Jari Väätäinen, GTK.
Figure 11. Bedrock survey. Photo by Jari Väätäinen, GTK.
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Appendix 2
Life cycle of a mining operation
The minerals industry can be divided into three main sectors, which are the mining
industry, the aggregates industry and the natural stone industry. The mining industry
comprises the extraction and processing of metal ores, and the production of industrial
minerals. The aggregates industry produces sands, gravels and crushed rock materials
needed for construction, as well as processed products made from these. The natural
stone industry is the smallest one of these sectors, and it covers the manufacturing of
formed boulders and products used in construction.
A mine is a production plant that turns out exploitable minerals by excavating them
from the ground and by separating them from non-exploitable rock. The life cycle of a
mining operation consists of a number of phases spread over several decades. The life
cycle of a mine can be divided into five main phases: exploration, feasibility study, building of the mine, production and after-care (Figure 1).
Mining has long traditions in Finland; the first iron mine in Ojamo, Lohja was probably
opened before 1530. In total, over 1,000 metal ore, industrial mineral or carbonate mines
have been operating in Finland. In 2012, a total of 50 mines were in operation, of which
12 were metal ore mines and 38 carbonate rock and industrial mineral mines. An increased demand for minerals and a rise in world market prices in recent years have speeded up the trend to start new mines and to reopen old ones. The industry is sensitive to
economic fluctuations, however, and the planned opening of a mine may be postponed
by 5–10 years because of a downturn.
The main phases of mining are shortly described below, apart from exploration, which
has been discussed above.
Feasibility study
The feasibility study of a mine refers to the calculations and comprehensive assessments on
which a decision to start a mining project is made. Factors in this decision include the size
and quality of the deposit, world market price of the mineral in question and the payment
rates, sales contracts, the location of the ore and existing infrastructure, social and environmental impacts, and the construction, excavation, transport, enrichment and other costs of
the mine. To calculate profitability, the income obtained and the costs incurred must simply
be determined, with the absolute profitability being expressed as their difference.
The process leading into starting mining operations from discovering an ore deposit to making a decision on opening a mine usually takes 5-15 years, and typically consists of a series
of feasibility studies of various degrees. A positive result in one phase opens the door to the
next one. If the result of a feasibility study is negative, the studies can either be dropped, or
an earlier phase can be reiterated, for example exploration. As the process progresses, each
phase is based on increasing amounts of information and a more accurate idea of the possi-
67
bilities of exploiting the deposit. The various phases are usually named as follows: conceptual study, preliminary feasibility study, feasibility study and a bankable feasibility study.
Mine construction
If the mineral deposit is found to be commercially exploitable, planning the mine construction can be launched. Mine construction usually takes some two years, if an enrichment plant
is also set up in the mine area. In the first construction phase, the necessary infrastructure is
erected in the area, including roads and power supply. The first buildings serving as working,
break and storage facilities usually are temporary, and they are later replaced with permanent buildings in the order of urgency. Before the production phase, disposal areas must be
provided for the waste rock and tailings resulting from the production process, and their safe
storage in terms of both human health and the environment must be ensured.
Production phase of a mine
In the production phase of the mine, ore is excavated from the bedrock. If the deposit is close
to surface, quarrying is used. If the ore is located deeper in the bedrock, underground techniques are needed. As the quarry gets deeper, the volume of waste rock usually increases, as
the top part of the excavation must be widened to keep the wall slopes safe. When quarrying
an ore deposit extending deep into the ground, it is necessary to evaluate to what depth quarrying is economic and when to change into underground excavation. As quarries and underground mines often extend below the ground water surface, they must be kept dry by pumping out the water that accumulates in them. Ventilation, cooling and preventing the risk of
collapse, for example by filling in unnecessary parts of the excavation with waste rock and
tailings, must also be provided for in an underground mine.
Mine closure and after care of a mine area
When the ore runs out, the mine is closed and its after-care starts. The mining company’s responsibility for safety of the area and the impacts to the environment does not end as the mine
is closed down, the state of the environment must be monitored and the requisite cleaning
measures undertaken also after mine closure. The aim of the closure process is to restore the
mining area to the state in which it was before the mining operations started and which does
not pose a risk to human health and the environment, however taking into consideration
the possibility of later use of the mine or the area. The closing of the mine should already be
planned in the early part of the mining operation; closing down the operation and after-care
must be taken into account already when applying for mining and environmental permits.
Figure 1. Life cycle of a mining operation.
2 years
1
Exploration and
research
3
5-15 years
2
68
Feasibility
studies
on going
Construction of
the mine
5
5-100 years
4
Mining
Mine closure
and after care
Appendix 3
Instructions for applying for exploration, geological
survey and off-road traffic permits from Metsähallitus
For exploration in all nature reserves, areas covered by conservation programmes and
wilderness areas, an exploration permit referred to in the Mining Act, or a claim right
under the old Mining Act is required. In addition, an operator aiming to carry out exploration in nature reserves on state land must apply for permits for geological survey and
exploration from the authority managing the area, which in almost all protected areas
is Metsähallitus. In mire conservation areas and some national parks, however, the permit authority is the Ministry of the Environment. To some smaller areas, no exploration
permits can be granted. This is why it is always necessary to find out from Metsähallitus
or the regional centre for economic development, transport and the environment about
the regulations valid in each nature reserve by virtue of separate acts and decrees. The
Nature Conservation Act (1096/1996) and Decree (160/1997) and provisions establishing
the protected areas are applied when granting the permits. A permit may be granted if
this is possible without risking the objectives for which the area was established. The
provisions on the extraction of mining minerals and interfering with the soil in the Nature Conservation Act and the statutes establishing the areas take precedence over the
relevant provisions in the Mining Act.
A decision on a permit applied for a nature reserve may be appealed. The right to appeal
applies to not only the applicant but also the municipality and a registered local or regional organisation for protecting the environment or promoting conservation. The permit will only be valid after the period of appeal (30 days) has elapsed and any appeals
have been resolved. Before this time, the applicant may not initiate any of the measures
in accordance with the permit.
An application for a permit for geological survey and exploration contains a survey plan with
the following information:
1. Operator’s contact details
2. Boundaries of the survey area and individual survey points on a map
3. Time of the survey
4. Survey method: geophysical measurement, drilling, excavations etc.
5. Instruments and vehicles to be used in the survey: equipment used for measurements and sample-taking
6. An estimate of the impacts caused by the activities in the area: what type of traces
will the survey leave in the terrain and whether the survey will have adverse effects
on the ecological values on the grounds of which the area was included in the Natura 2000 network (decision on the requirement for a Natura impact assessment or a
Natural impact assessment). The occurrence of any species and habitats protected
under the Nature Conservation Act and Decree must be examined, and also the impacts the activities will have on these species and habitats.
69
7. Access to the area: the vehicles and routes to be used. The information cited in item
6 also applies to the planned access route, at least when the activities take place in
a snow-free season.
Under section 4.2 paragraph 9) of the Off-road traffic act, a separate off-road traffic permit is not required for access that is necessary for the activities listed in the relevant exploration permit or mining permit within the exploration area referred to in the Mining
Act (621/2011) and within a distance of 30 metres from its boundaries and in the auxiliary area of the mine. Under section 12.1 of the old Mining Act (503/1965): ”On the conditions laid down in this Chapter, the claim holder is entitled to proceed to surveys aiming
to discover the quality and extent of the deposit and, if necessary, also use land that is
outside the area for building roads as well as power, water and other lines.” However,
the landowner’s permit must be obtained to operate an off-road vehicle in the terrain in
exploration work referred to in section 7 of the Mining Act (621/2011). On state-owned
land, these permits are granted by Metsähallitus.
The current policy of Metsähallitus is that it does not grant the landowner’s consent
under the Mining Act to exploration in nature reserves, areas included in conservation
programmes or wilderness areas. Geophysical measurements can be carried out by virtue of everyman’s rights (prospecting work referred to in section 7 of the Mining Act). If
operating an off-road vehicle in the terrain is required to carry out the measurements,
including snowmobiles and quad bikes, the operator must apply for an off-road traffic
permit for this. In considering a decision on an off-road traffic permit, any impacts driving off the roads might have on Natura sites and other ecological values as well as on
the other use of the area will be taken into consideration.
All-terrain traffic, camping and making fires in connection with
survey activities
The permit application must detail the type of vehicle to be used, the time of the year in
which the exploration is to take place and the routes to be followed. If the permit authority is the Ministry of the Environment, an off-road traffic permit based on a claim under the
old Mining Act must be separately applied for to Metsähallitus as stated by the Ministry
of the Environment in its permit regulations. Off-road traffic permits in a wilderness area
associated with claims made under the old Mining Act (503/1965) are granted separately.
A permit for off-road traffic can usually be granted as proposed by the applicant, if access
to the terrain only takes place when the ground is frozen and covered with snow, and no
trees need to be felled to make way for the vehicles. It may be necessary to change the routes because of species that require particular protection (including the nesting areas or
large raptors). A requirement for granting an off-road traffic permit valid in the summer
may be an accurate survey of habitats and endangered, protected or strictly protected
plant species when planning the access routes and the survey sites.
Under the Off-road traffic act, causing damage, inconvenience or disturbance to such as
natural sources of livelihood must be avoided when travelling off the road. This is why a
70
statement from a reindeer herding co-operative in the area is required when applying for
an off-road traffic permit if the operating area is large, the permit covers a long period or
it is otherwise considered possible that the activities may have adverse effects on reindeer herding. In any case, the permits contain a regulation on liaising with the co-operative about avoiding inconvenience or disturbance.
A permit granted by Metsähallitus may also contain regulations on camping and building
fires. In some protected areas, including strict nature reserves, herb-rich forest reserves,
protected areas of old-growth forests, national parks and restricted parts of other reserves, camping is prohibited, while in others it is allowed, including mire conservation areas and wilderness areas. If camping is allowed, fires may also be built. It is recommended
that the firewood is brought from outside the protected area, but in some cases, Metsähallitus may allow the making of fires with deadwood found on the camp site.
71
Appendix 4
Under Section 5 of the Mining Act:
1.
2.
3.
4.
5.
6.
exploration refers to the geological, geophysical, and geochemical investigations
and sampling utilised in locating and exploring a deposit containing mining minerals, for the purpose of analysing the size and quality of the deposit;
deposit refers to such concentration of mining minerals in bedrock that have proven
or potential financial value for mining activity;
mine refers to an open cast mine and an underground stope, where mining minerals
are; excavated, and the constructions, equipment, and instruments directly connected to excavation;
mining activity refers to the excavation of mining minerals in a mine, the related
transfer and hoisting of aggregate, ore dressing, and any other processing of mining
minerals carried out immediately in connection with excavation as are necessary
for the exploitation of mining minerals alongside preparatory measures and other
supporting measures immediately related to the excavation of mining minerals;
gold panning refers to exploration, recovery, and exploitation of gold deposits in the
soil, by means of panning;
environmental impact refers to the direct and indirect impacts of activity, referred
to in this Act, on people’s health, living conditions, and well-being, as well as on the
soil, waters, air, climate, vegetation, biota, diversity of nature, community structure,
buildings, landscape, townscape and cultural heritage..
The provisions laid down in this Act regarding real estate and landowners shall apply to:
1. a parcel of land and the owner thereof;
2. land in joint ownership and forest in joint ownership, and the partners thereto;
3. a special privilege and the owner thereof;
4. common special privilege and the partners thereto;
As concerns State-owned property, the authority or institution responsible for management of the land area shall avail itself of the owner’s right of action.
72
Appendix 5
Source: Eriksson, J. 2013. Malminetsintä luonnonsuojelulain ja erämaalain mukaisilla
alueilla. Pro gradu thesis, University of Helsinki, Faculty of Law, Department of Private
Law, 72 pp.
Suojelun tyyppi
Laki
Erityissääntely
Rajoitus
Poikkeaminen
Erityistä
Kansallispuistot,
luonnonpuistot
ja muut suojelualueet
LSL, eritysilait ja
järjestyssäännöt
Alueita koskevissa
erityissäädöksissä
ja järjestyssäännöissä voi olla
poikkeavia säännöksiä.
13.1 § Luontoa
muuttava toiminta
kielletty 13.1 § 2
kohta kaivoskivennäisten ottaminen ja maaperän
vahingoittaminen
kielletty
15.1 § 7 kohta
metsähallituksen
luvalla mahdollista
tehdä geologista
tutkimusta ja etsiä
malmeja
Poikkeaminen
15.1 § nojalla ei
saa vaarantaa alueen perustamistarkoitusta
Yksityiset suojelualueet
LSL ja perustamispäätös
Perustamispäätöksessä
24 § Tarpeelliset
määräykset alueen luonnon suojelemisesta
27 § Rahoitusmääräysten lieventäminen tai
suojelun lakkauttaminen
Hankkeeseen liittyvä yleinen etu
on keskeinen
punninnassa.
Natura-verkosto
LSL
Alueesta riippuen
66 § Hanke tai
suunnitelma ei
saa merkittävästi
heikentää Natura
2000-verkostoon
kuulumisen perusteena olevia luonnonarvoja.
66.2 § Erittäin tärkeän yleisen edun
vuoksi pakottavasta syystä, jos
vaihtoehtoista ratkaisua ei ole.
Myös muut luonnonsuojelun keinoja koskevat
säännökset voivat
tulla sovellettaviksi.
Luontotyyppien
suojelu
LSL
Alueesta riippuen
29 § Kielto muuttaa alueita niin,
että luontotyypin
ominaispiirteiden
säilyminen vaarantuu
31 § Jos suojelutavoitteet eivät
huomattavasti
vaarannu tai yleisen edun kannalta erittäin tärkeä
hanke tai suunnitelma
Lajisuojelu
LSL, LSA, luontodirektiivi
Rajauspäätös
39, 42, 47 ja 49 §
Hävittämis- ja heikentämiskiellot
48,2 § Jos suojelutaso pysyy
suotuisana poikkeamisesta huolimatta
49.3 § Luonodirektiivin 16 (1) artiklan mukaisesta
syystä, jos suotuisa suojelutaso
säilyy
Toiminnanharjoittajalla on laaja
velvollisuus olla
tietoinen lajeista ja
niiden esiintymispaikoista
Erämaa-alueet
erämaalaki
Alueen hoito- ja
Alueen hoito- ja
käyttösuunnitelma käyttösuunnitelmassa
Alueen hoito- ja
käyttösuunnitelmassa
Vaikutukset poronhoidolle ja
muille luontaiselinkeinoille on selvitettävä
73
MINISTRY OF EMPLOYMENT AND THE ECONOMY
Box 32, FI-00023 Government, Finland
Tel. +358 29 506 0000
www.tem.fi
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