Land Extraction Act

Section 1 reasonable cost. Scope of application This Act shall apply to the extraction of stone, gravel, Section 4 sand, clay and earth to be transported elsewhere or stored on Permit requirement the site or to be processed, unless otherwise provided in section 2. A permit is required for the extraction of resources as In addition to the provisions of this Act, the relevant provided in this Act. provisions of other Acts of Parliament shall apply to the A permit is not necessary if resources are extracted for extraction of these resources. What is provided in or under the ordinary household needs for residential, agricultural or Nature Conservation Act (1096/1996) shall further apply to the silvicultural purposes. The resources shall be used for granting of permits and to other decisions made by the construction or maintenance of an access route. (23.5.1997/ authorities. (1096/1996). 463) The quarry shall be located and the extraction arranged as provided in section 3, paragraph 2. What is provided in Section la (23.5.1997/463) section 3, paragraph 1, shall additionally apply to quarrying Aim of the Act that takes place on common property as provided in section 2, subparagraph 2, of the Real Estate Formation Act (554/1995). The aim of this Act is to ensure that land extraction (23.5.1997/463) supports the goal of sustainable environmental development.

Section 4a (23.5.1997/463)

Section 2 Overseeing and supervision of land extraction Exceptions to the scope of application The Ministry of the Environment shall be responsible for This Act shall not apply to: the general overseeing, monitoring and development of 1) quarrying resources as provided in the Mining Act activities provided for in this Act. (503/65); The regional environment centre shall be responsible 2) taking and using resources extracted during within its jurisdiction for overseeing and supervising activities construction work based on permission from an provided for in this Act. authority or plans approved by an authority; or to It is the responsibility of the local authority to oversee 3) extraction of resources from a water area for which and supervise land extraction within its municipality. the Water Act (264/61) requires a permit from a water Provisions relating to the local supervising authority are rights court. included in section 14. This Act shall not be applied in an area subject to the prohibition on action provided in section 124a of the Building Act (370/58). Section 5 Extraction plan

Section 3 (23.5.1997/463) An extraction plan including details on the extraction of Restrictions on extraction of resources resources and management of the environment, and, if possible, plans for the subsequent use of the land in question, The resources referred to in this Act shall not be must accompany a permit application. This shall not be extracted in such a way that: necessary if the extent and effect of the undertaking are minor. 1) beautiful scenery is disfigured; In drawing up the plan, the current natural conditions, 2) natural sites of significant scenic value or distinctive the amount and type of resources on the site and the project's features are destroyed; foreseen impact on the environment and on natural conditions 3) substantial or extensive detrimental changes are shall be examined in sufficient detail. (23.5.1997/463) caused to natural conditions; or When applying for a permit for a project referred to in 4) the water quality or yield of a major groundwater area the Environmental Impact Assessment Procedure Act (468/94), or a site otherwise suitable for water supply is an environmental impact assessment report shall be appended endangered, unless an exempting permit is granted under to the permit application. In so far as this report contains all the the Water Act. necessary information required for the application of this Act, the assessment procedure need not be repeated (10.6.1994/473) Sectfon6 inconvenience caused to him by the extraction. The application Conduions for granting a permit for compensation shall be made within five years of the occurrence of the loss or inconvenience. If agreement on A pennit for the extraction of resources shall be granted compensation cannot be reached, the question of the right to if the proper extraction plan has been presented, and if the compensation will be resolved and compensation determined extraction or related arrangements are not in conflict with the as provided by the applicable parts of the Act on the restrictions provided in section 3. In considering the matter, the Redemption of Immoveable Property and Special Rights in a effect of the pennit regulations shall also be taken into procedure applied for from the land survey office concerned. account. The provisions of paragraph 1 shall also apply to loss or If the project is subject to the Environmental Impact inconvenience caused by extraction of resources without Assessment Procedure Act, the decision shall specify the pennission, or otherwise contrary to this Act. manner in which the statutory assessment has been taken into account. (10.6.1994/473)

Section 10 Validity of a permit

Section 7 (23.5.1997/463) Authority granting the permit A pennit for the extraction of resources shall be granted for a fixed period, but not for more than ten years at a time. A pennit for the extraction of resources is granted by a A permit may be granted for a longer period in special municipally appointed authority, hereinafter the pennit cases, but not for more than fifteen years, provided this is authority. The relevant provisions of the Municipalities Act considered appropriate in view of the extent of the project, the (365/1995) shall apply to the transfer of these powers. nature of the extraction plan and other circumstances to be Before the pennit is granted, the pennit authority shall taken into account in the extraction of resources. If the request the opinion of the regional environment centre, if: extraction is to occur on a site that is reserved for this purpose 1) the site holds national or other major significance for in a regional or master plan approved later than 1996, this may nature conservation; be regarded as special grounds for granting a pennit. 2) the site is of importance for the protection of waters; (23.5.1997/463) or If the pennit is granted for less than ten years, and part 3) the extraction of resources has a direct impact on the of the resources to which it applies has yet to be extracted land of another local authority. when it lapses, the pennit may be extended so that its Other statements of opinion shall be provided for by combined period of validity does not exceed ten years. In decree. granting such an extension, the terms of the permit may be revised, or new terms issued. The pennit shall not be extended, however, if an injunction referred to in section 124a of the

Section 8 Building Act has come into force in the area. A pennit may be Redemption duty of the local authority and the stale extended without requesting the opinions provided for in section 7 and in the Land Extraction Decree. (23.5.1997/463) If a pennit for the extraction of resources has been legally denied and the landowner is unable to use his land for agriculture or forestry, construction or other activity yielding a Section 11 reasonable profit, the local authority, or, in cases where the Permit regulations area has national importance for environmental protection, the State, is obliged to redeem the property if the owner so A pennit to extract land resources must be accompanied demands. by regulations on what the applicant must do to avoid or Redemption shall be subject to the Act on the minimize the damage caused by the project, unless these Redemption of Immoveable Property and Special Rights (603/ matters are made clear in the extraction plan. (9.12.1983/928) 77). The relevant provisions of section 97 of that Act shall Regulations must be issued on: apply to the procedure. 1) the delimitation, depth and form of cutting and quarrying and the direction in which extraction proceeds;

Section 9 2) protection and clearing of the area during extraction Duty to make compensation and after; and 3) the preservation and replanting of trees and other If the extraction of resources reduces the value of an vegetation and new planting during extraction and after. adjacent or nearby property, or causes other loss or Permit regulations can also be issued: inconvenience in the use of the property which is not regarded 1) on equipment and traffic arrangements connected as minor, the owner or holder of the property has the right to with the extraction process, especially with the aim of receive full compensation from the extractor for the protecting the groundwater; 44 2) on the time within which measures ordered under this Section 14 (23.5.lm/463) section shall be taken; and Supervisory authority and threat of action 3) on other measures needed to avoid or minimize the damage caused by the project. (9.12.1983/928) Compliance with this Act shall be supervised by a The regulations must not cause loss, inconvenience or municipally appointed authority, hereinafter the supervisory nuisance to the permit holder which can be considered authority. The appropriate provisions of the Municipalities Act excessive with respect to the extent of the undertaking and the shall apply to the transfer of these powers. profit gained. If extraction of resources is undertaken in violation of this Act or the rules and regulations issued by virtue of it, or if obligations provided in them are otherwise neglected, the

Section 12 (23.5.lm/463) supervisory authority shall require the party in question to Provision of surety observe said provisions and to offset or redress the effects of the extraction or to restore the previous state of the area and to The permit authority may require the applicant to fulfil this duty under threat of fine or having the neglected provide acceptable surety before beginning extraction for measure taken at the expense of the defaulting party. If the performance of the measures stipulated in section 11. infringement is minor, measures need not be taken. The permit authority may, as necessary, ratify the Action may be taken to correct the neglected measure amendment of the original surety. On special grounds, the even if the party violating or neglecting the obligations of this permit authority may require the applicant to provide Act is not the owner or holder of the extraction site. additional surety if the existing surety is not regarded as an The provisions of the Act on Conditional Imposition of a adequate guarantee that the measures in paragraph I will be Fine ( 1113/1990) shall otherwise apply to the processing of carried out. matters referred to in this section.

Section 13 (23.5.1997/463) Section 15 (23.5.1997/463) Hearings Suspending extraction Notice of a pending application for a land extraction If extraction of resources is undertaken contrary to the permit shall be posted on the municipal notice board, and the provisions of this Act or rules and regulations issued by virtue owners and holders of property within or adjacent to the of it, or if their observance is otherwise neglected, the property containing the quarry shall be given an opportunity to supervisory authority or an officeholder appointed by it can state their case. If the project under application is likely to suspend extraction in a manner considered appropriate. have a significant impact in a wide area or on the interests of a On the condition referred to in paragraph 1, the regional large number of people, notice shall also be posted in one environment centre can suspend land extraction if the site newspaper that is widely distributed within the locality holds national or other major significance for nature affected by the extraction. The relevant provisions of section conservation, or in an area that is important for the protection 132a of the Building Act and section 5a of the Building Decree of a major groundwater area or an area otherwise suitable for shall apply to hearings. The applicant shall be liable for costs water supply. arising from hearings and public notices. The police are obliged to provide executive assistance in the cases referred to in this section.

Section 13a (23.5.lm/463) Release from the permit obligations Section 16 Alterations to permit regulations and cancellation of If the permit holder's right to extract land resources is permits transferred to another party, the permit authority shall be notified without delay. The original permit holder shall The authority issuing a permit for extraction may change nevertheless be held accountable for all obligations attached to the permit regulations given under this Act or cancel the the permit until another party is accepted in his place by permit in cases where: application. The permit authority may require the new permit 1) the permit regulations have been continuously or holder to produce the surety referred to in section 12 before otherwise grossly violated; commencing extraction. What is provided in section 13 2) extraction of resources has had an unforeseen concerning hearings, and in section 7 and in the Land detrimental effect on the environment, settlement or Extraction Decree concerning the obtaining of opinion shall natural conditions; or not apply to a decision of this kind. 3) false or faulty information or reports have been given in the permit application. 45

Section 16a (23.5.1997/463) Those who have requested notification while the permit Bankruptcy of the permit holder handling application is being processed and given their address shall be informed immediately that the permit is granted. If the pennit holder is declared bankrupt and the pennit The authority granting the permit shall report all permits is not transferred to another party in accordance with section for the extraction of resources to the regional environment 13a within six months of the bankruptcy, and the bankrupt's centre without delay. (23.5.1997/463) estate has not stated its intention to continue the extraction referred to in the pennit, the right to extract resources conferred by the pennit shall lapse and the obligations attached Section 20 (23.5.1997/463) to the pennit must be fulfilled on the part of those resources Appeal that have already been extracted. If the bankrupt's estate intends to continue extracting A decision concerning an extraction permit taken by a resources, a notice to this effect shall be submitted to the pennit authority on the basis of this Act can be appealed in the pennit authority in compliance with the relevant provisions of Provincial Administrative Court. The right to appeal also section 13a. belongs to the regional environment centre. What is provided in the Municipalities Act (953n6) shall otherwise apply to appeals.

Section 17 Other decisions taken on the basis of this Act can be Penal provision appealed as provided in the Act on the Application of Administrative Law (586/1996). The penalty for inflicting damage on the environment in The appellate authority may make minor amendments to violation of this Act or provisions or regulations issued decisions concerning a permit without returning the matter to thereunder is laid down in Chapter 48, sections 1-4, of the the permit authority. (23.5.1997/463) Penal Code. (21.4.1995n05) Whosoever either wilfully or out of gross negligence, in a manner other than that referred to in paragraph 1, extracts Section 21 (23.5.1997/463) resources without or contrary to the pennit required in this Act, Compliance with a decision lacking legal force neglects to fulfil the obligations specified in the pennit or otherwise extracts resources in violation of the provisions of Extraction of resources may commence when the permit this Act, shall be sentenced to a fine for a land extraction decision gains legal force. violation. (21.4.1995n05) In its decision on extraction of land resources, or even Chapter 2, section 16, of the Penal Code shall be applied subsequently at the request of the permit holder, the permit in declaring forfeit the financial gain resulting from offences, authority may nevertheless grant a permit to extract land or the object or other property used to perpetrate them, as resources before the decision on the permit gains legal force, if referred to in paragraphs 1 and 2 above. the pennit holder provides acceptable surety for compensation of any damage, loss and costs that repeal of the decision or amendment of the pennit may cause. The appellate authority

Section 18 may, however, prohibit implementation of the decision. Notification to the prosecuting authority A decision made by a supervisory authority under section 14 can include provisions requiring observance of the Having ascertained the violation or default referred to in decision before it has gained legal force. The appellate section 17, the supervisory authority shall notify the authority can, however, forbid implementation of said prosecuting authority so that charges may be brought. decision. (23.5.1997/463) The notification referred to in paragraph 1 may be omitted if the action is considered insignificant under the Section 22 circumstances and public interests are not considered to be AUering the use ofprotected areas affected to a degree requiring official action. The manner of use of areas purchased by a local authority or the State under this Act for purposes of protection

Section 19 shall not be altered without compelling reason. Public notice of the decision The decisions of the pennit authority in matters Section 23 concerning a permit as provided in this Act shall be issued Supervision fees and State subsidy after public notice. The party concerned is considered to have been informed when the decision is issued. (23.5.1997/463) The applicable provisions of section 136 of the Building Act concerning fees to the local authority for the supervision 46 of building work shall apply to the collection of costs arising from inspection of the permit application and the extraction plan and supervision of extraction. (23.5.1997/463) Within the State budget, the local authority may be granted a subsidy for costs caused by the redemption of land under section 8 of this Act, or compensation as provided in section 26.

Section 23a (23.5.1997/463) Reporting duty The holder of the extraction permit is required to annually notify the permit authority of the amount and type of resources extracted. The permit authority is required to annually report to the regional environment centre the combined amount and type of resources that have been extracted on the basis of the notifications referred to in paragraph l.

Section 24 Authority to issue decrees More detailed provisions on the enforcement and application of this Act will be issued by decree.

Section 25 Entry into force This Act comes into force on January 1, 1982. Measures needed to enforce this Act can be taken before it comes into effect.

Section 26 Transitional provision - Permission for ongoing extraction of land resources no longer applies as of January 1, 1983. - If permission is denied for extraction of resources undertaken before July 4, 1980, the landowner/holder of usufruct has the right to compensation. - The ongoing extraction of resources for household needs in progress on June 1, 1997, shall be subject to section 4, paragraph 3, as of June 1, 1998. - The provisions applicable before the amendment of Act 23.5.1997/463 shall apply to appeals on permit decisions lodged before June l, 1997. - The special grounds referred to in section 10, paragraph 2, can include a reservation for extraction purposes in a regional or master plan, provided that sufficient examination of the resources of the site, landscape and ground water conditions have been carried out when drafting the plan. 47