Amendments To The Finnish Mining Act And The New Nature Conservation Act Will Enter Into Force On 1 June 2023

• Published date: 25 July 2023
• Subject Matter: Environment, Energy and Natural Resources, Energy Law, Environmental Law, Mining, Waste Management
• Law Firm: Castren & Snellman Attorneys
• Author: Ms Heidi Malmberg and Matias Wallgren

Amendments to the Finnish Mining Act entered into force on 1June2023, simultaneously with the new Nature Conservation Act. We have discussed the amendments to the Mining Act and the new Nature Conservation Act in our previous blog posts in further detail.

The amendments to the Mining Act are based on the Programme of Prime Minister Marin's Government (2019-2023) and its objective of improving the environmental protection of mines. The goal of the amendments is to increase the acceptability of mining. As a response to the changed security situation in Europe, the Commerce Committee requested in its report that the amendments to the Mining Act should include a possibility for the Ministry of the Economic Affairs and Employment to evaluate and dismiss permits if there are any national security concerns related to the permits. The suggested additions were approved by Parliament.

The Government Programme of Prime Minister Orpo was published on 16 July 2023. The Government Programme has only few direct mentions of mining and/or exploration activities, but notes that a new minerals strategy for Finland shall be drafted. In addition, the Government Programme puts emphasis on streamlining the permitting and appeals process. It is to be hoped that new Government will recognise the importance of the Finnish mining industry in the energy transition - not only for Finland but for the EU as a whole in accordance with the proposal for a regulation of the European Parliament and of the Council establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulations (EU) 168/2013, (EU) 2018/858, 2018/1724 and (EU) 2019/1020, published on 16March2023.

Main amendments to the Mining Act

As regards exploration works, the reservation time (the time that an area can be reserved for the preparation of the exploration permit), is reduced from two years to one year. In order to improve public acceptability and knowledge as regards exploration works, the holder of the exploration permit is required to hold annual townhall meetings and inform the public on exploration works that have been conducted as well as on the plans going forward. Additionally, opportunities for public participation are increased by adding a requirement to obtain the approval of the authorities or bodies responsible for the management of the area or the landowners that own at least half of the exploration area when applying for an extension for an exploration...