Mining Act (No. 621 of 2011)

Section 1 shall pay due attention to the provisions of the Skolt Act (kolttalaki 253/1995) concerning Purpose of the Act the promotion of the living conditions of the Skolt population and Skolt area, The objective of this Act is to promote opportunities for making a living, and the mining and organise the use of areas required preservation and promotion of the Skolt for it, and exploration, in a socially, culture. economically, and ecologically sustainable manner. In order to fulfil the purpose of the Section 2 Act, the securing of public and private interests is required, with particular attention Scope of application of the Act to: 1) the preconditions for engaging in mining This Act lays down provisions for the activity; exploration and exploitation of a deposit 2) the legal status of landowners and containing mining minerals, gold panning in private parties sustaining damage; an area owned by the State, the termination 3) the impacts of activities on the of related operations, and the proceedings for environment and land use, and the economic establishment of a mining area. use of natural resources. For the purposes of this Act, mining A further objective of the Act is to ensure minerals shall refer to: the municipalities' opportunities to influence 1) as concerns chemical elements: decision-making, and the opportunities of actinium, aluminium, antimony, arsenic, individuals to influence decision-making barium, beryllium, boron, caesium, mercury, involving them and their living environment. fluorine, phosphorus, gallium, germanium, Furthermore, an objective of the Act is to hafnium, silver, indium, iridium, cadmium, promote the safety of mines and to prevent, potassium, calcium, cobalt, chromium, gold, decrease, and avert any inconvenience and copper, lanthanoids, lithium, lead, 2 magnesium, manganese, molybdenum, activities under this Act. The Finnish Safety sodium, nickel, niobium, osmium, palladium, and Chemicals Agency acts as the mining platinum, radium, iron, rhenium, sulphur, authority referred to in this Act. rhodium, rubidium, ruthenium, selenium, The mining authority enforces compliance zinc, scandium, strontium, thallium, with this Act and manages other duties laid tantalum, tellurium, tin, titanium, thorium, down herein. uranium, vanadium, bismuth, tungsten, Provisions on the Government’s and yttrium, and zirconium, as well as minerals mining authority’s authority concerning containing these chemical elements; permits are laid down in section 33. 2) as concerns minerals: andalusite, apatite, asbestos minerals, barite, bauxite, bentonite, Section 5 beryllium, dolomite, phlogopite, fluorite, graphite, garnet, ilmenite, calcite, kaolin, Definitions corundum, quartz, kyanite, leucite, feldspar, magnesite, muscovite, nepheline, olivine, In this Act: pyrophyllite, rutile, sillimanite, scapolite, 1) exploration refers to the geological, talc, diamond, vermiculite, wollastonite, and geophysical, and geochemical investigations other precious stones; and sampling utilised in locating and 3) as concerns rock types: marble and exploring a deposit containing mining soapstone. minerals, for the purpose of analysing the Furthermore, this Act is applicable to the size and quality of the deposit; exploitation of materials in the bedrock and 2) deposit refers to such concentration of earth in the mining area referred to in section mining minerals in bedrock that have proven 19 herein. or potential financial value for mining activity;

Section 3 3) mine refers to an open cast mine and an underground stope, where mining minerals are The relation of the Act to other legislation excavated, and the constructions, equipment, and instruments directly connected to In addition to the provisions laid down in excavation; this Act, decisions on permit issues or other 4) mining activity refers to the excavation matters hereunder and other activities in of mining minerals in a mine, the related accordance with this Act shall comply with, transfer and hoisting of aggregate, ore inter alia, the provisions of the Nature dressing, and any other processing of mining Conservation Act (1096/1996), the minerals carried out immediately in Environmental Protection Act (86/2000), the connection with excavation as are necessary Act on the Protection of Wilderness Reserves for the exploitation of mining minerals (62/1991), the Land Use and Building Act alongside preparatory measures and other (132/1999), the Water Act (264/1961), the supporting measures immediately related to Reindeer Husbandry Act (848/1990), the the excavation of mining minerals; Radiation Act (592/1991), the Nuclear Energy 5) gold panning refers to exploration, Act (990/1987), the Antiquities Act (295/1963), recovery, and exploitation of gold deposits in the Off-Road Traffic Act (1710/1995) and the the soil, by means of panning; Dam Safety Act (494/2009). 6) environmental impact refers to the direct and indirect impacts of activity, referred to in

Section 4 this Act, on people’s health, living conditions, and well-being, as well as on the Competent authorities and their duties soil, waters, air, climate, vegetation, biota, diversity of nature, community structure, The Ministry of Employment and the buildings, landscape, townscape and cultural Economy is responsible for the general heritage. guidance, monitoring, and development of 3 The provisions laid down in this Act Chapter 2 regarding real estate and landowners shall apply to: Exploration 1) a parcel of land and the owner thereof; 2) land in joint ownership and forest in joint ownership, and the partners thereto; Section 7 3) special privilege and the owner thereof; 4) common special privilege and the Prospecting work partners thereto. As concerns State-owned property, the In order to find mining minerals, everyone authority or institution responsible for has the right, even on another’s land, to management of the land area shall avail itself conduct geological measurements and make of the owner’s right of action. observations and to take minor samples, provided that this does not cause any damage

Section 6 or more than minor inconvenience or disturbance (prospecting work). General principles Prospecting work must not be carried out on the ground: The principles in any activity referred to in 1) in a cemetery referred to in the funerary this Act shall be: services act (hautaustoimilaki 457/2003), nor 1) that the necessary expertise as regards in an area belonging to a private grave, or the quality and extent of the activity, and within 50 metres of these; sufficient resources for all other 2) in an area used by the defence forces, or preconditions, are available; any area controlled by the Border Guard 2) that sufficient clarity prevails as where movement is restricted or prohibited, concerns the impacts of the activity and the or within 100 metres of such an area; possibilities for preventing and reducing 3) in an area where movement is restricted damage and detrimental impact; or access denied to outsiders; 3) that the required measures are taken to 4) on a traffic route or passage in public use; ensure the safety of activities and that 5) within 150 metres of a building intended technological development is taken into for residential or work use, or comparable account in this context; space, and any adjoining private yard, or the 4) insofar as possible, site for such a building, if a permit required a) to prevent damage and detrimental for building referred to in the Land Use and impacts caused by the activity; Building Act has been granted for it and b) to eliminate operations that cause construction has begun; harmful impacts or, if this is not possible, to 6) in an area in horticultural use; replace them with less detrimental ones; 7) within 50 metres of a public building or c) to prepare for disturbances and utility, or either a power line with a voltage dangerous situations; of over 35,000 volts or a transformer station; 5) that any inconvenience or damage 8) in any other area, corresponding to those caused by the activity is compensated for. 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. 4

Section 8 the holder of the rights, is required for exploration whenever the area in question is Notification of sampling related to a street area or market place referred to in the prospecting work Land Use and Building Act, a road area of a highway referred to in the Highways Act The party in charge of prospecting work (503/2005), an airport or another area in shall, prior to commencement of sampling aviation use referred to in the Aviation Act referred to in section 7, submit notification to (1194/2009), a railway area referred to in the the owner and holder of real estate in the area railways act (ratalaki 110/2007), a canal used where prospecting work is to take place for public traffic or another such traffic area, (prospecting area), whose right or advantage or an area within 30 metres of any of the the matter may involve. above-mentioned traffic areas, unless provisions The notification must include the contact concerning a larger exclusion area are laid information of the party responsible for down in, or pursuant to, the relevant Act. prospecting work, information on the prospecting area, and a plan regarding the Section 10 sampling. The plan must include information on the equipment and methods to be used, Legal effects of an exploration permit the sampling schedule, and the targeted mining mineral. Pursuant to an exploration permit, the Further provisions on the notification permit holder has the right, on the permit procedure may be given by government holder’s own land and that owned by another decree. landowner, in the area referred to in the permit (exploration area), to explore the

Section 9 structures and composition of geological formations and to conduct other exploration Exploration subject to a permit in order to prepare for mining activity and other exploration in order to locate a deposit Exploration is subject to a permit granted and to investigate its quality, extent, and by the mining authority (exploration permit) degree of exploitation, as provided for in if exploration cannot be carried out as more detail in the exploration permit. prospecting work in accordance with section The holder of the exploration permit may 7, or the property owner has not given build, or transfer to the exploration area, consent to it. temporary constructions and equipment An exploration permit is also required if: necessary for exploration activity, as specified 1) exploration could cause any harm to in more detail in the exploration permit. people’s health or general safety, damage to An exploration permit does not authorise other industrial and commercial activity, or exploitation of the deposit. Provisions related any deterioration in value related to the to the permit holder’s privilege for exploiting landscape or nature protection values; the deposit are laid down in section 32. 2) the exploration is targeted at locating The exploration permit does not limit the and exploring a deposit containing uranium property owner’s right to use the area or to or thorium; govern it, unless otherwise is provided in 3) the permit is necessary for gaining a subsection 1 or 2. privilege, as described in this Act, for exploiting the deposit. Section 11 As concerns restrictions on areas for exploration, the provisions laid down Exploration pursuant to a permit regarding these in section 7(2) and (3) shall apply correspondingly. The exploration permit’s holder shall limit Moreover, the consent of the authority or exploration and other use of the exploration institution competent in the matter, or that of area to measures necessary for the purposes 5 of exploration activity. The measures shall be Section 13 planned so as not to cause an infringement of public or private interests that is avoidable by Measures concerning soil and rock material reasonable means. waste in the exploration area Exploration pursuant to an exploration permit, and other use of the exploration area, The exploration permit holder is obliged to shall not cause: attend to prevention of the generation of soil 1) harm to people’s health or a danger to and rock material waste, decreasing its public safety; harmfulness, alongside its reclamation or 2) essential damage to other industrial and processing. commercial activity; The exploration permit holder shall prepare 3) significant changes in natural a waste management plan for extractive conditions; waste covering the measures referred to in 4) essential damage to rare or valuable subsection 1, including information about the natural occurrences; environment of the area, soil and rock 5) significant damage to the landscape. material waste, waste areas, environmental impact, measures taken to prevent

Section 12 contamination of the environment, monitoring of activities, and measures Notification of field work and construction in pertaining to termination of activities. the exploration area However, a waste management plan is not required if the permit holder is obliged to In writing, the holder of the exploration prepare one pursuant to the Environmental permit must notify owners of real estate Protection Act. included in the exploration area, and other Further provisions concerning the holders of rights, in advance of all field work objectives and content of the waste that could cause any damage or harm, and of management plan for extractive waste may any temporary constructions to be erected. be given by government decree. Moreover, a notification must be submitted to the Sami Parliament in the Sami Section 14 Homeland, the appropriate local reindeer owners’ associations within an area Report on exploration and results in the specifically intended for reindeer herding as exploration area stipulated in the Reindeer Husbandry Act (a special reindeer herding area), and to a The exploration permit holder shall submit village meeting of the Skolt people in the a report to the mining authority, on an annual Skolt area referred to in the Skolt act basis, of the exploration activities carried out, (kolttalaki 253/1995). and the results thereof. The holder of the exploration permit is Further provisions concerning the obliged to inform authorities overseeing information to be provided in the report may public interests about the fieldwork, as be given by government decree. provided in more detail in said permit. Further provisions on the notification Section 15 procedure may be given by government decree. After-care measures in an exploration area Once an exploration permit has expired or been cancelled, the exploration permit’s holder shall: 1) immediately restore the exploration area to the condition required by public safety, remove temporary constructions and 6 equipment, attend to rehabilitation and tidying of the area, and restore the area to its Section 17 natural status as far as possible; 2) within six months, submit to the mining Legal effects of a mining permit authority an exploration work report, the information material pertaining to the A mining permit entitles the holder to exploration, and a representative set of core exploit: samples. 1) the mining minerals found in the mining The exploration permit holder shall submit area; a notification in writing to the mining 2) the organic and inorganic surface authority, the owners of the properties materials, excess rock, and tailings generated included in the exploration area, and other as a by-product of mining activities (by- holders of rights once the measures referred product of mining activity); to in paragraph 1 of subsection 1 have been 3) other materials belonging to the bedrock completed. and soil of the mining area, insofar as the use Moreover, notification shall be submitted thereof is necessary for the purposes of to the Sami Parliament in the Sami mining operations in the mining area. Homeland, to the appropriate local reindeer Moreover, the mining permit entitles its owners’ associations in a special reindeer holder to perform exploration within the herding area, and/or to a village meeting of mining area in accordance with the provisions the Skolt people in the Skolt area, as relevant. of section 11, and the more specific conditions The provisions laid down in subsections 1– specified in the mining permit. 3 shall not apply to an area for which the exploration permit holder applies for an Section 18 extension to the validity of the exploration permit or a mining permit in the manner Obligations of the mining permit holder provided for in section 34. If the application for a permit is rejected in part or in full, the The mining permit holder is obliged to permit holder shall comply with the ensure that: obligation referred to in subsections 1–3 no 1) mining activities do not cause damage to later than within six months of the legal entry people’s health or danger to public safety; into force of the decision concerning the 2) mining activities do not cause significant rejection of the application. harm to public or private interests, nor, in Further provisions on the ‘after-care relation to the overall costs of the mining measures’ for an exploration area, and the operations, reasonably avoidable infringement notification procedure, may be given by of public or private interests; government decree. 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. Chapter 3 The mining permit holder is obliged to submit an annual report to the mining Establishment of a mine authority on the extent and results of the exploitation of the deposit and to inform of

Section 16 any essential changes in the information on mineral resources. Further provisions related Mining activity subject to a permit to the information to be provided to the mining authority may be given by The establishment of a mine and government decree. undertaking of mining activity are subject to a permit (mining permit). 7

Section 19 Chapter 4 The mining area and auxiliary area to a mine Gold panning The mining area shall be a continuous area Section 22 of a size and shape that facilitate compliance with requirements concerning safety, Gold panning subject to a permit location of mining activities, and mining technology. The mining area shall not be Gold panning in an area owned by the State larger than necessary for the purposes of is subject to a permit from the mining mining activity, in view of the quality and authority (gold panning permit). extent of the deposit in question. An area located in the vicinity of the Section 23 mining area, indispensable as regards mining activity and necessary for the purposes of Legal effects of a gold panning permit road access, transport equipment, power lines or water pipes, sewers, treatment of waters, Under a gold panning permit, the permit or a transport route to be excavated to a holder (gold panner) shall have the exclusive sufficient distance from the surface, can be right within the area specified in the permit designated as an auxiliary area to the mine. (gold panning area), as provided in the gold The location of the mining area and any panning permit in more detail: auxiliary area to the mine shall be planned so 1) to prospect for and survey gold as not to cause infringement of public or deposited in the soil; private interests that is reasonably avoidable 2) to recover and exploit gold deposited in in view of the overall costs of mining the soil by means of panning; operations. 3) to recover and exploit nuggets of platinum and gemstones and precious stones

Section 20 found in loose soil as by-products of panning. The right of use of the mining area and The gold panning permit does not limit the auxiliary area to the mine property owner’s right to use the area or to govern it, unless otherwise provided in The Government can grant the right to subsection 1. utilise an area in the possession of another The gold panning area shall be a party as a mining area (redemption permit for continuous area of a maximum of five a mining area). hectares. Provisions on granting a limited right of use and other rights to an area in the Section 24 ownership of another party as an auxiliary area to a mine are laid down in section 49(2). Gold panner´s obligations

Section 21 Gold panning shall be limited to measures necessary as regards the right referred to in Use of the mining area and auxiliary area to section 23(1). the mine The activities undertaken under the gold panning permit, and other use of the gold The mining area and auxiliary area to the panning area, shall not cause any mine may only be used for the purpose for inconvenience or damage as described in which the right of use or another right has section 11(2), nor inconvenience or damage been granted. as regards other demands for nearby areas, nor damage to any buildings of value in terms of cultural history, or courtyard areas 8 thereof, in the area. building, and other preconditions, are laid The gold panner shall keep the gold down in the Land Use and Building Act and panning area in such a condition that it meets in other legislation. safety requirements on a continuous basis and does not cause any detrimental environmental impact. Section 27

Section 25 Notification of field work in the gold panning area Measures related to soil and rock material waste in a gold panning area In writing, the gold panner must provide advance notification to the authority or The gold panner is obliged to attend to institution responsible for management of the prevention of the generation of soil and rock area of all field work that could cause material waste, decreasing its harmfulness, damage or inconvenience. alongside its reclamation or processing. Moreover, notification shall be submitted The gold panner shall prepare a waste to the Sami Parliament in the Sami management plan for extractive waste that Homeland, to the appropriate local reindeer covers the measures referred to in subsection owners’ associations in a special reindeer 1, in compliance with the corresponding herding area, and/or to a village meeting of provisions for an exploration area laid down the Skolt people in the Skolt area, as relevant. in section 13 and thereunder. Further provisions on the notification procedure may be given by government

Section 26 decree. Building in a gold panning area Section 28 Building is prohibited in a gold panning Report on gold panning area. However, a building or other construction The gold panner is obliged to submit a may be constructed in a gold panning area if report to the mining authority each year on the gold panner proves it to be necessary for the quantity of gold recovered and loose soil the temporary stay of the gold panner and for treated, and on construction in the gold the storage of equipment, and if the authority panning area and other use of the area. or institution responsible for the management Further provisions concerning the of the area does not oppose the construction information to be provided in the report may for a justified reason. The building or other be given by government decree. construction must be minor in terms of its size, lightweight, and easily movable. Section 29 If no impediment to construction referred to in subsection 2 exists, the mining authority After-care measures of gold panning shall decide on the necessity of the building or construction, and the location of the Once a gold panning permit has expired or building site, in connection with the gold been cancelled, the gold panner shall panning permit. If the building or other immediately restore the gold panning area to construction is deemed necessary in the the condition required by public safety; permit, the gold panner shall manage the remove any buildings, other constructions, building site for the building or other and equipment; see to restoration and construction in the manner required by cleaning of the area; and return the area to as section 131 of the Land Use and Building close to its natural status as possible, and to Act. satisfactory condition as regards the Provisions concerning permits required for landscape. 9 The gold panner shall submit written notification to the mining authority, and the authority or institution responsible for PART II management of the area, as soon as the measures referred to in subsection 1 have PERMIT-RELATED MATTERS been completed. However, the notification shall be submitted no later than within one Chapter 5 year of the expiry or cancellation of the permit. Permit procedures Further provisions on after-care measures to be performed after conclusion of gold Section 31 panning operations, and the notification procedure, may be given by government Application for a permit decree. Parties eligible to apply for an exploration

Section 30 permit, mining permit, or gold panning permit are, referred to in section 1(1) or (2) Final inspection of a gold panning area of the Act on engaging in commercial activity (Laki elinkeinon harjoittamisen Having received the notification referred to oikeudesta 122/1919): in section 29, the mining authority shall 1) a natural person of age who is not arrange a final inspection unless this can be declared bankrupt and whose competency regarded prima facie as unnecessary. Should has not been restricted under the the gold panner neglect the duty of Guardianship Services Act (442/1999); notification mentioned above, the mining 2) a legal person. authority may initiate a final inspection on its Moreover, subject to the conditions laid own initiative. down in this Act, a Government institution The mining authority shall inform the may apply for an exploration permit. following about the final inspection: the gold The party applying for a mining permit in panner and the authority or institution order to exploit the deposit in question may responsible for management of the area; apply for a redemption permit for a mining within the Sami Homeland, the Sami area. Parliament; within the Skolt area, the Skolt village meeting; and, within a special Section 32 reindeer herding area, the local reindeer owners’ associations. Order of priority The final inspection shall establish whether the measures referred to in section 29(1) The party first applying for a permit in have been accomplished. An inspection accordance with the provisions laid down in report shall be compiled covering the final section 34 herein shall have priority for an inspection, including a report on the course exploration permit, mining permit, or gold of the inspection, observations made during panning permit. the inspection, and the key elements of any Subsection 1 above notwithstanding, if a reminders issued. mining permit is applied for with respect to a Further provisions concerning the final deposit located within an exploration area, inspection of a gold panning area may be the exploration permit holder shall have given by government decree. 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 10 for an exploration permit, an applicant may for such an assessment, when an exploration reserve an area for himself by submitting permit application is in question; notification to the mining authority about the b) in particular the suitability of the deposit matter (reservation notification). A privilege for exploitation, when a mining permit based on reservation notification is valid application is in question; once the reservation notification has been 5) plans concerning the activities; submitted in accordance with the provisions 6) the environmental and other impacts of laid down in section 44 and no impediment activities, taking account of the quality and exists, as specified in this Act, to approval of extent of measures planned (however, a the reservation. The validity of the privilege report is not required insofar as the required shall expire when the decision made by the information is included in the environmental mining authority on the basis of the impact assessment report referred to in reservation notification (reservation subsection 3(2)); decision) expires or is cancelled. 7) termination of activities and related measures, alongside after-care measures.

Section 33 The following shall be appended to the permit application: Licensing authorities 1) official certificates, extracts from registers, and any corresponding documents The Government shall decide on matters to verify consideration of the information concerning a redemption permit for a mining presented in the application, and of the area and on mining permits related to the requirements stipulated; production of uranium or thorium. 2) if necessary, a report on the assessment The mining authority shall make decisions referred to in section 65 of the Nature concerning reservation notifications, Conservation Act, and an environmental exploration permits, and gold panning permits, impact assessment report in accordance with as well as matters other than those concerning the Act on Environmental Impact mining permits referred to in subsection 1. Assessment Procedure (468/1994); 3) a summary of the information presented

Section 34 in the application and appendices thereto. Furthermore, a waste management plan for Permit application extractive waste shall be appended to the application concerning an exploration permit Applications for an exploration permit, and gold panning permit if the applicant is mining permit, or gold panning permit shall not obliged to prepare such a plan under the be submitted to the permit authority. Environmental Protection Act. The application for a permit shall include a The application for a mining permit shall necessary and reliable report, as regards involve claiming limited right of use or permit consideration, on the following: another right to the area intended as auxiliary 1) the applicant and the applicant’s meeting to the mine. If, in a gold panning area, it is of prerequisites for carrying out operations essential to gain a right to deviate from the commensurate with the permit sought; building ban laid down in section 26(1), the 2) the area to which the application applies, application for a gold panning permit shall along with its land planning status and the request this. restrictions, if any, concerning usage of the Further provisions on the permit area, and associated consideration; application may be given by government 3) those whose interests, rights, or duties decree. 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 11

Section 35 4) if necessary, other authorities overseeing public interests in their field of activity, and Application concerning a redemption permit the appropriate Regional Council. for a mining area As regards an application concerning a redemption permit for a mining area, the An application concerning a redemption permit authority must request a statement permit for a mining area shall be submitted to from the municipality in the impact area of the Government. activity, the appropriate Regional Council, The permit application shall include and the Centre of Economic Development, information on the applicant, the area the Transport and the Environment. application concerns, and the owners and Moreover, the permit authority shall holders of properties included in the area. acquire the other statements and reports that The permit application shall include a are necessary in view of permit consideration. necessary and reliable report on the mining Further provisions on statements to be area meeting the statutory preconditions and invited on the permit application may be the mining project being based on public given by government decree. need. Further provisions on the application for a Section 38 redemption permit for a mining area may be given by government decree. Procedure to be applied in the Sami Homeland, Skolt area, and special reindeer herding area

Section 36 In the Sami Homeland, the permit authority Supplementing an application for a permit shall – in co-operation with the Sami Parliament, the local reindeer owners’ Provisions on supplementing an application associations, the authority or institution for a permit are laid down in sections 22 and 33 responsible for management of the area, and of the Administrative Procedure Act (434/2003). the applicant – establish the impacts caused by activity in accordance with the

Section 37 exploration permit, mining permit, or gold panning permit on the rights of the Sami as Statements on a permit application an indigenous people to maintain and develop their own language and culture and The permit authority shall request a shall consider measures required for statement on an application for an decreasing and preventing damage. In such a exploration permit, mining permit, and gold case, the following shall be taken into panning permit from the following: account: 1) the municipality in the territory of which 1) any corresponding permits valid in the the activities are intended to take place on the vicinity of the area referred to in the basis of the application, or in the territory of application; which environmental and other impacts of 2) to which areas key to the rights of the activities in accordance with the permit may Sami as an indigenous people the application arise (impact area of activities); pertains; 2) the Centre of Economic Development, 3) other forms of usage of areas interfering Transport and the Environment in the with the rights of the Sami as an indigenous operating region of which the environmental people in the area that the application impacts of activities in accordance with the involves, and in its vicinity. permit may arise; The provisions laid down in subsection 1 3) the authority or institution responsible shall also apply to projects implemented for management of the area; outside the Sami Homeland that are of considerable significance as regards the rights of the Sami as an indigenous people. 12 In the Skolt area, the permit authority shall The permit authority shall inform of an request a statement from a Skolt village exploration, mining, or gold panning permit meeting concerning assessment of the application by posting notice thereof for a impacts of activity under the permit on the minimum of 30 days on its notice board, and sources of livelihood and living conditions of those of the municipalities involved. the Skolt people. Provisions concerning the Publication of the public notice shall be statement procedure are laid down in section announced in at least one newspaper in 56 of the Skolt Act. general circulation in the impact area of the In a special reindeer herding area, the activity, unless the matter is of minor permit authority shall, in co-operation with significance or announcing it is otherwise the local reindeer owners’ associations, prima facie unnecessary. Other provisions assess the damage caused to reindeer herding concerning public notices are laid down in through activity under the permit. the Act on public notices (Laki julkisista In order to clarify the matter, the permit kuulutuksista 34/1925). authority may, if necessary, arrange an event The parties involved in particular shall be to which the representatives of the Sami separately informed about the public notice. Parliament; the Skolt village meeting; the If the application must be announced to more Skolt Council; the local reindeer owners’ than 30 known parties or the number of associations concerned; the applicant; and persons is unknown, the matter may be the authority or institution responsible for announced through notice thereof in the management of the area, the local authority, newspaper that can be assumed to be the best the local fishing area, and forests in joint source of information for the recipient. ownership are invited for consultation. Unorganised partners to a joint property Further provisions concerning the obligation shall be informed of the application through to negotiate are laid down in section 9 of the information of the representative as Act on the Sami Parliament and section 53 of described in section 26(4) of the Act on joint the Reindeer Husbandry Act. property (Yhteisaluelaki 758/1989). If such a representative has not been appointed, a

Section 39 partner shall be informed and, additionally, the application shall be announced by public Complaints and opinions notice in a newspaper in accordance with subsection 1. Before making a decision on the matter Further provisions on the matters to be concerning an exploration permit, a mining included in the public notice may be given by permit, a gold panning permit and a government decree. redemption permit for a mining area, the permit authority shall reserve an opportunity Section 41 for the parties involved to lodge complaints concerning the permit matter. Publication of an application concerning a Parties other than those involved shall be redemption permit for a mining area provided with an opportunity to express their opinions on a matter concerning an The permit authority shall inform the owners exploration permit, a mining permit, and a and holders of property included in the mining gold panning permit. area separately concerning an application for A sufficient time limit in view of the nature a redemption permit for a mining area. of the matter shall be specified for filing If the unorganised partners to a joint complaints and expressing opinions. property shall be informed of the application, the provisions laid down herein in section

Section 40 40(3) concerning publication of a permit application shall apply. Publication of the permit application 13

Section 42 passed since the expiry or cancellation of the reservation decision. Hearing of the applicant Further provisions on a reservation notification may be given by government The applicant and other parties concerned decree. shall be provided with an opportunity to provide an explanation concerning such requirements and reports presented in the statements and complaints as may influence the decision on the matter. In consequence of Chapter 6 the explanation, the parties concerned shall be provided with an opportunity to provide a Permit consideration responsive explanation if such an explanation could influence the decision on the matter. Section 45

Section 43 Criteria for permit consideration A permit application concerning a uranium An exploration, mining, and gold panning mine permit will be granted if the applicant proves that the conditions set for it in this Act are A mining permit application concerning met and there is no impediment stipulated in the production of uranium or thorium and the this Act to the granting of the permit. permit application concerning the same However, regardless of an impediment activity under the Nuclear Energy Act shall specified in this Act, a permit may be granted be handled together and decided on in the if it is possible to remove said impediment same decision. Further provisions for the through permit conditions or by decreasing permit procedure are laid down in section 23 the size of the area. of the Nuclear Energy Act.

Section 46

Section 44 Obstacles to granting of an exploration Reservation notification permit or gold panning permit Reservation notification shall be submitted Neither an exploration nor a gold panning to the mining authority. The notification shall permit shall be granted for the following: include a necessary and reliable account of: 1) an area referred to in section 7(2); 1) the party making the reservation; 2) an area referred to in section 9(4); 2) the area to which the reservation of 3) an area that has previously been an privilege applies (reservation area); exploration area unless three years have 3) compilation of an exploration plan and elapsed since the expiry or cancellation of other measures in preparation for the claim the exploration permit; application, and the schedule thereof. 4) an area that has previously been a The reservation notification may not mining area unless three years have elapsed concern an area that forms part of an since the decision concerning termination of exploration area, mining area, or gold mining activities became legally valid; panning area or is located at a distance of 5) an area belonging to an exploration area, less than one kilometre from such an area, mining area, or gold panning area, or for belonging to a party other than the applicant which reservation notification has been made on the basis of a permit referred to in this in accordance with the provisions laid down Act. In addition, the reservation notification in section 44 herein; cannot concern an area that has previously been a reservation area until one year has 14 6) an area where activities in accordance 46(1)(1–5). with the application would impede the However, a mining permit may be granted implementation of a legally binding plan; regardless of an impediment referred to 7) an area concerning which the local section 46(1)(1–4) if either of the following authority opposes the granting of a permit, applies: for a reason concerning land planning or 1) the preconditions laid down in section other good cause related to land use, unless 46(2) are met; there is a specific reason for granting the 2) the mining area cannot be otherwise permit; implemented in accordance with section 19 8) a situation in which there is good cause and the area in question is not one referred to to doubt that, because of the extent of the in section 7(2)(1) or (2) or 9(4). area applied for, or for other reasons that The relationship of the mining area and any have emerged in connection with the auxiliary area to other usage of land shall be handling of the application, the applicant explained. Mining activity shall be based on does not meet the prerequisites or has any a legally binding plan in accordance with the apparent intention to engage in activities in Land Use and Building Act, or, in view of accordance with the permit, or in which the the impacts of mining activity, the matter applicant has previously fundamentally shall be otherwise sufficiently explored in neglected obligations based on this Act; in co-operation with the local authority, assessment of the fundamental nature of said Regional Council, and Centre for Economic negligence, the systematic nature of said Development, Transport and the negligence, its duration and recurrence, and Environment. Provisions concerning the the quantity of damage caused by the legal impact of a land use plan are laid down negligence shall be given particular in the Land Use and Building Act. consideration. However, an exploration permit and gold Section 48 panning permit may be granted for an area referred to in subsection 1(1–4) by the Impediments to granting of a mining permit consent of the authority or institution competent in the matter, or with that of the A mining permit must not be granted if holder of appropriate rights – however, not there is good cause to doubt, for reasons that for an area referred to in section 7(2)(1). A have emerged in connection with the building or other facility intended for handling of the application, that the applicant residential purposes or work use, existing for meets the prerequisites or has any apparent mining activity or gold panning, located in intention to see to the commencement of the mining area or gold panning area shall mining activity or if the applicant has not preclude granting of a permit. previously fundamentally neglected An exploration permit must not be granted obligations based on this Act. In assessment unless there are grounds for concluding that of the fundamental nature of said negligence, there are mining minerals in the area. the systematic nature of the negligence, its duration and recurrence, and the quantity of

Section 47 damage caused by the negligence shall be given particular consideration. Prerequisites for granting a mining permit Even if the prerequisites for granting a mining permit are met, and no impediment as The deposit shall be exploitable in terms of laid down in this Act exists for granting of size, ore content, and technical the permit, a permit shall not be granted if characteristics. the mining activity causes danger to public The mining area and the auxiliary area to a safety, causes highly significant detrimental mine shall not be located in an area for which environmental impacts, or substantially an exploration permit or a gold panning weakens the living conditions and industrial permit cannot be granted under section conditions of the locality, and the said danger 15 or impacts cannot be remedied through 2) would substantially impair the living permit regulations. conditions of Skolts and the possibilities for pursuing a livelihood in the Skolt area; 3) in a special reindeer herding area, would cause considerable harm to reindeer herding. However, a permit may be granted regardless of an impediment referred to in

Section 49 subsection 1 if it is possible to remove such an impediment through permit regulations. Considerations related to right of use

Section 51 A redemption permit for a mining area may be granted if the mining project is based on Regulations to be included in an exploration public need and the mining area meets the permit requirements laid down in section 19. The requirement of public need shall be assessed The exploration permit shall specify particularly on the basis of the impact of the provisions for the location and borders of the mining project on the local and regional exploration area. economy and employment, and the social The exploration permit shall include the need for raw material supply. necessary provisions for securing public and The mining permit may grant a limited private interests concerning the following: right of use or another right to the auxiliary 1) the times and methods of exploration area to the mine, unless otherwise provided surveys and the equipment and constructions by law and the auxiliary area meets the related to exploration; requirements laid down in section 19. Such a 2) measures to diminish harm caused to right can be granted only insofar as the reindeer herding in a special reindeer herding placement of functions planned for the area area; cannot be otherwise arranged in a 3) wording to ensure that activity under the satisfactory manner, and at moderate cost. permit will not endanger the status of the In permit consideration, the provisions laid Sami as an indigenous people in the Sami down in section 47(2) and (3) concerning the Homeland, or the rights of the Skolts in mining area and the auxiliary area to the accordance with the Skolt Act in the Skolt mine as prerequisite for granting a mining area; permit shall be taken into account. 4) obligation to report about exploration activities and results;

Section 50 5) post-mining measures and the final deadline for submission of notification Obstacles to granting of a permit in the Sami concerning these measures; Homeland, the Skolt area, or a special 6) the waste management plan for reindeer herding area extractive waste and compliance therewith; 7) the obligation to report on the An exploration permit, mining permit, or exploration work to the appropriate authority gold panning permit must not be granted if overseeing public interests within its line of activities under the permit: duty; 1) alone, or together with other 8) the schedule for decreasing the size of corresponding permits and other forms of the exploration area; land use would, in the Sami Homeland, 9) collateral in accordance with Chapter substantially undermine the preconditions for 10; engaging in traditional Sami sources of 10) other terms concerning exploration and livelihood or otherwise to maintain and use of the exploration area in order to ensure develop the Sami culture; that the activity does not result in any consequence prohibited by this Act; 16 11) other specifications that are necessary indigenous people in the Sami Homeland, or in view of public and private interests and the rights of the Skolts in accordance with pertaining to the implementation of the the Skolt Act in the Skolt area; conditions of the permit. 6) collateral, in accordance with Chapter 10, associated with mine-closure alongside other obligations related to termination of mining activities and those after termination;

Section 52 7) the deadline to be set for submission of any further specifications related to verifying Regulations to be included in a mining the permit regulations; permit 8) material on other aspects of activity under the mining permit in order to ensure A mining permit shall give provisions for that the activity does not result in any the location and borders of the mining area to consequence prohibited by this Act; be formed and the auxiliary area to the mine, 9) other specifications that are necessary in taking the provisions laid down in sections view of public and private interests and 19 and 47, and the content of the rights of pertaining to the implementation of the use and other special rights pertaining to the conditions of the permit. auxiliary area to the mine, into consideration. However, the permit authority may Section 53 implement such changes in the location and borders of the mining area or auxiliary area Regulations to be issued in a redemption to a mine presented in the application as are permit for a mining area necessary in consideration of the provisions laid down in this Act. The redemption permit for a mining area The mining permit shall specify a term must specify the property that the redemption within which the mining permit holder shall concerns and set forth the content of the right engage in mining activity or other such of use. preparatory activity that indicates that the permit holder is seriously aiming to initiate Section 54 actual mining operations. The time limit may be, at maximum, 10 years after the permit Regulations to be included in a gold panning becomes legally valid. permit The mining permit shall include the necessary provisions for securing public and A gold panning permit shall define the private interests concerning the following: location and borders of the gold panning 1) avoidance or limiting of detrimental area. impacts of mining activity and addressing of The gold panning permit shall include the elements necessary to ensure people’s health necessary provisions for securing public and and public safety; private interests related to the following: 2) measures for ensuring that mining 1) the times and methods of gold panning; activities do not entail obvious wasting of 2) maintenance of the gold panning area; mining minerals or endanger or hamper 3) measures to diminish harm caused to potential future use of the mine and reindeer herding in a special reindeer herding excavation work there; area; 3) the obligation to report on the extent of 4) ensuring that activity under the permit exploitation of the deposit and results; will not endanger the status of the Sami as an 4) measures to diminish harm caused to indigenous people in the Sami Homeland, or reindeer herding in a special reindeer herding the rights of the Skolts in accordance with area; the Skolt Act in the Skolt area; 5) ensuring that activity under the permit 5) the reporting obligation concerning gold will not endanger the status of the Sami as an panning; 17 6) after-care measures; project, the permit decision must indicate 7) the waste management plan for how permit consideration has taken account extractive waste and compliance therewith; of the assessment. 8) collateral in accordance with Chapter 10; 9) other aspects of gold panning and use of the gold panning area that must be addressed to ensure that the activity does not result in Section 57 any consequence prohibited by this Act; 10) other specifications that are necessary Issuing of a permit decision in view of public and private interests and pertaining to the implementation of the A decision concerning an exploration conditions of the permit. permit, mining permit, gold panning permit, or redemption permit for a mining area shall

Section 55 be issued after public notice, and those entitled to object shall be considered to have Decision on reservation notification been informed at the time of issuing. The permit authority shall inform of The mining authority shall approve a issuing a decision in accordance with reservation if the reservation notification subsection 1 prior to the date of publication complies with the preconditions laid down in on its public notice board. The public notice section 44 and there is no obstacle provided shall mention the permit authority, the nature in this Act to approval of the notification. of the matter, the date of granting of the However, the mining authority shall reject permit, and the appeal period. The notice the reservation if, because of the extent of the shall remain posted for at least the time reservation area or for other reasons, there is during which appeals against the decision good cause to doubt that the party making the may be made. The decision shall be available decision meets the prerequisites for or has on the date of issue mentioned in the any apparent intention to apply for an notification, including in electronic format. exploration permit.

Section 58 Informing about a permit decision Chapter 7 The permit authority shall submit the decision concerning an exploration permit, The permit decision and its validity mining permit, or gold panning permit to the applicant.

Section 56 The permit authority shall submit a copy of the decision to parties having specifically Content of a permit decision requested this, as well as the local authorities, the Centres of Economic The decision on an exploration permit, Development, Transport and the mining permit, gold panning permit, or Environment, and other authorities who have redemption permit for a mining area must been informed about the matter during explain the purpose of the application, or the handling, or who have been invited to necessary parts of the application must be comment. A copy of a decision on a mining appended to the decision. The decision must permit shall be delivered without delay to the comment on the individual requirements Radiation and Nuclear Safety Authority and presented in statements and complaints. the competent land survey office. If the Act on Environmental Impact If the decision involves the Sami Homeland Assessment Procedure is applicable to the or concerns a project of the nature described 18 in section 38(2), a copy of the decision shall decision concerning a redemption permit for be submitted to the Sami Parliament. A copy a mining area to the applicant. of a decision involving the Skolt area shall be The permit authority shall submit a copy of submitted to the Skolt village meeting and a the decision to the owners and holders of copy of a decision involving a special properties included in the mining area and, reindeer herding area to the local reindeer without delay, to the competent land survey owners’ association(s). office. The permit authority shall inform any The permit authority shall ensure that the parties that have filed a complaint about the decision is publicised in compliance with the matter or separately asked to be informed of provisions laid down in section 58(6) on the decision, and those parties concerned publicising a permit decision. whom the matter specifically concerns. If the decision must be announced to more than 30 Section 60 known parties or the number of persons is unknown, the provisions laid down in section The fixed-term nature of an exploration 40(2) herein concerning the publication of a permit permit application shall apply, correspondingly. If the unorganised partners An exploration permit shall remain valid to a joint property shall be informed about for a maximum of four years after the the decision, the provisions set forth in decision has become legally valid. section 40(3) concerning the publication of a When considering the period of validity of permit application shall apply. an exploration permit, the mining authority If a brief in support of objection is signed shall pay special attention to: by several signatories, it will suffice that a 1) the time necessary for implementing the copy of the decision be submitted to or relevant exploration plan; information about issuing given only to the 2) the limitation and alleviation of any first signatory of the brief. damage and inconvenience caused to public The permit authority shall ensure that the or private interests. municipalities the areas of which the decision involves publish the decision without delay Section 61 in the manner provided for in the Act on Public Notices. Moreover, the permit Extending the validity of an exploration authority shall publicise the decision at least permit in one newspaper in general circulation within the impact area of the operations, The validity of an exploration permit may unless the matter is of minor significance and be extended for a maximum of three years at announcing it is otherwise apparently a time. In total, the permit may remain valid unnecessary. for a maximum of 15 years. The permit authority shall ensure that an The prerequisites for extension of the entry is made about the decision on an validity of an exploration permit are as exploration permit, mining permit, or gold follows: panning permit in the Land Information 1) exploration has been effective and System in Finland referred to in the Act on systematic; the Land Information System and Related 2) further research is necessary in order to Information Service (453/2002). establish the possibilities for exploiting the deposit;

Section 59 3) the permit holder has complied with the obligations laid down in this Act as well as Publication of a decision on a redemption the permit regulations; permit for a mining area 4) extension to the validity will not cause an undue burden to public or private interests. The permit authority shall submit the 19

Section 62

Section 64 Periodic revision of mining permit and its fixed-term nature Fixed-term nature of a gold panning permit A mining permit shall remain valid until A gold panning permit shall remain valid further notice after becoming legally valid. A for a maximum of four years after the mining permit can also be granted for a fixed decision becomes legally effective. term, if this is justified in view of the quality When considering the period of validity of and extent of the deposit, the applicant’s a gold panning permit, the mining authority ability to meet the conditions for ensuring the shall pay special attention to: commencement of mining activities, and 1) the time necessary for the recovery and other factors that have emerged during exploitation of gold panned; processing of the application. A fixed-term 2) the prevention, limitation, and mining permit may remain valid for a alleviation of any damage and inconvenience maximum of 10 years after the decision has caused to public or private interests. become legally valid. The permit authority shall review the Section 65 regulations of a fixed-term mining permit at the maximum interval of 10 years. The Extending the validity of a gold panning permit authority must include the interval for permit review in the permit. In order to secure essential public or private interests, or for The validity of a gold panning permit may some other special reason, an order can also be extended for a maximum of three years at be given for the regulations of a fixed-term a time. mining permit to be revisited at regular The prerequisites for extending the validity intervals. of a gold panning permit are as follows: The revision of permit regulations shall not 1) gold panning has been effective and in any significant way decrease the benefit systematic; gained from the mining project. 2) the gold panning area still contains such an abundance of gold to be washed from the

Section 63 soil in such a form that the prerequisites for continuing gold panning are evident; Extending the validity of a mining permit 3) the gold panner has complied with the obligations laid down in this Act as well as A mining permit valid for a fixed term can the permit regulations; be extended for a further period, until further 4) extension to the validity will not cause notice, or for a maximum of 10 years at a an undue burden to public or private interests. time, insofar as it is still necessary in order to exploit the deposit, and in consideration of Section 66 other factors that have emerged in connection with handling of the application. Application for extending a permit’s validity The prerequisites for extending the validity of a mining permit are as follows: In order to extend the validity of an 1) the deposit has been exploited exploration permit, a mining permit, and a effectively and systematically; gold panning permit, a permit application 2) the deposit remains exploitable in terms must be submitted to the permit authority of size, ore content, and technical prior to the expiry of the permit, alongside characteristics; the necessary and reliable reports for the 3) the permit holder has not materially purpose of permit consideration, on the violated the obligations or permit regulations matters referred to in section 61(2)(1) and provided in this Act. (2), section 63(2)(1) and (2), or section 20 65(2)(1) and (2). Moreover, the provisions preparatory work as indicates that the permit laid down in section 34 concerning a permit holder is seriously aiming at actual mining application shall apply to said application. operations. The permit authority shall also Further provisions concerning application decide that the mining permit will expire if for extension to the validity of a permit may mining activities have been interrupted given by government decree. because of a factor dependent on the permit holder continuously for a minimum of five years, or mining activities can be considered

Section 67 to have actually ended. The matter may be raised by the permit authority on its own Expiry of an exploration permit or gold initiative, the local authority, or a party panning permit suffering damage. However, in a situation referred to in An exploration permit and gold panning subsection 2, the permit authority may permit will expire at the end of the fixed postpone the expiry of the mining permit, period. twice at the most, and specify a new deadline The mining authority can decide that an for commencing mining activity, or for exploration permit or gold panning permit continuing operations. The expiry of a permit shall expire if operations have been can be postponed for a maximum of 10 years interrupted for a reason dependent on the in all. The mining permit holder shall submit permit holder continuously for a minimum of an application to the permit authority prior to one year. This process may be initiated by the expiry of the mining permit and in this the mining authority on its own initiative, the application state a reason for granting of a local authority, or a party suffering damage. time limit and set forth a plan for The mining authority shall decide that the commencing or continuing mining activity. exploration permit and gold panning permit A prerequisite for approval of the application will expire if the permit holder submits an is that the reason presented by the applicant application requesting this. The permit holder be considered justified and the plan is obliged to submit an application if it no sufficiently detailed, and that the decision longer intends to engage in activity based on does not cause undue inconvenience to the permit. public or private interests. Further provisions If a permit holder applies for an extension concerning the application may be given by to the validity of an exploration permit or government decree. gold panning permit in the manner provided Furthermore, the permit authority shall in section 66, an entry made on the permit decide that the mining permit shall expire if decision, under section 58 of the Land the mining area does not belong to the permit Information System in Finland, a collateral holder or the permit holder has not gained provided under section 107, and a pledge possession of it in accordance with section made under section 174, will remain valid 82 within five years of granting of the until the application has been legally permit, or the permit holder submits an resolved. application concerning this. The permit holder is obliged to submit an application if it

Section 68 no longer intends to engage in mining activity. Expiry of a mining permit Section 69 A mining permit shall expire at the end of Alteration of a permit the designated fixed term. The permit authority shall decide that the The mining authority shall, at its own mining permit will expire if the permit holder initiative, or upon application by the relevant has not, within the time limit specified in the authority supervising the securing of the permit, initiated mining activity or such public interest in its field, or a party suffering 21 damage, alter an exploration permit, mining Section 70 permit, or gold panning permit if: 1) the activities cause a consequence Cancellation of a permit prohibited by this Act; 2) the detrimental impacts of the activities The permit authority may cancel an deviate substantially from the assessments exploration permit, mining permit, or gold made during permit consideration. panning permit if: When approving an assignment of a gold 1) in the application or appendices thereto, panning permit in accordance with section incorrect or incomplete information has been 73, the mining authority shall simultaneously given such that it has essentially affected the revise the permit regulations and the decision conditions set for granting a permit, or the made in the permit on the necessity of permit consideration in other ways; building, if this is necessary on account of 2) the permit holder no longer meets the the preconditions for the transferee engaging requirements for granting of a permit; in activity under the permit being 3) the permit holder has materially substantially different from those of the neglected or violated the obligations, previous permit holder. restrictions, or permit regulations laid down The holder of an exploration permit shall in this Act. apply for an alteration to the exploration If the deficiencies, violations or neglect can permit if the exploration plan is altered or be corrected or are insignificant, the permit completed so as to render revision of the authority shall, before making a decision permit regulations necessary. Moreover, the under subsection 1(2) or (3), set a time limit permit holder can apply for amendment to for the permit holder in question to rectify the exploration permit in order to revise the the defect, violation, or neglect. permit regulations when there is a need to alter the activities under the permit. Section 71 The mining permit holder shall apply for an alteration to the mining permit if the Validity of a redemption permit for a mining mining area or auxiliary area to the mine, or area part thereof, is no longer necessary in the way referred to in section 19, or if any such A redemption permit for a mining area change occurs in mining activity as renders shall remain valid until further notice, or for revision of permit regulations necessary. a fixed term after the permit becomes legally A gold panner shall apply for an alteration valid, in compliance, correspondingly, with to the gold panning permit if a change occurs the provisions laid down in section 62 on the in the number, quality, or schedule of validity of a mining permit. measures pertaining to gold panning that The Government can grant an extension to a renders an alteration to the permit regulations fixed-term redemption permit for a mining necessary. Furthermore, a gold panner may area until further notice or for a fixed period, apply for an alteration to the gold panning in compliance, correspondingly, with the permit when it is possible to re-evaluate the provisions of section 63 on extending the preconditions for building. validity of a mining permit. For extension to Correspondingly, the provisions laid down the validity of the permit, a permit in section 34 concerning a permit application application must be submitted to the shall apply to the application for alteration to Government prior to the expiry of the permit, the permit. alongside the necessary and reliable reports for the purpose of permit consideration. Correspondingly, the provisions laid down in section 35 on application for a redemption permit for a mining area shall apply to said application. Further provisions concerning the application may be given by government 22 decree. of the assignee and cover other matters of A redemption permit for a mining area will significance as concerns the processing of the expire at the end of the designated fixed term. assignment. The necessary official In addition, the permit will expire if a mining certificates, extracts from registers and other permit is not granted, expires, or is cancelled. corresponding documents for the verification If the mining permit is altered such that the of the information presented in the area of the mining area is diminished, the application, and the consent of the assignee, redemption permit for a mining area will shall be appended to the application. Further expire correspondingly as regards the areas provisions concerning the application may be that no longer form part of the mining area. given by government decree. The Government shall decide that the The mining authority shall approve the redemption permit for a mining area will assignment of the permit if the assignee expire if the permit holder submits an fulfils the requirements specified in subsection application supporting this to the Government. 1 and the accounts referred to in subsection 2 have been submitted to the authority.

Section 72 However, the mining authority may reject an application concerning assignment of an Handling of a matter concerning extension to exploration permit or gold panning permit on the validity of a permit, or its expiry, the grounds set forth in section 46(1)(8), and alteration, or cancellation an application concerning assignment of a mining permit on the grounds mentioned in A matter concerning an extension to the section 48(1). validity of an exploration permit, mining When the mining authority has approved permit, or gold panning permit and the expiry, the assignment of a mining permit, it must alteration, or cancellation thereof, alongside alter the redemption permit for a mining area an extension to the validity of a redemption correspondingly as regards the permit holder. permit for a mining area and the expiry thereof, shall be handled correspondingly in Section 74 compliance with the provisions laid down in this Act on the permit procedure, permit Issuance of decision concerning assignment consideration, permit decision, and validity of permit, and informing thereof thereof for the permit in question. The provisions laid down in section 57 on

Section 73 issuing a decision on a permit apply to issuing a decision concerning assignment of Assignment of a permit an exploration permit, a mining permit, or a gold panning permit. An exploration permit, mining permit, or The mining authority shall deliver the gold panning permit may be assigned to decision to the applicant and a copy thereof another party. The assignee shall fulfil to the assignee. The assignee of an requirements corresponding to those exploration permit is obliged to report the applicable to the permit holder under this matter in writing without delay to the owners Act. Furthermore, the assignee of a mining of properties included in the exploration area, permit concerning the production of uranium and the assignee of a mining permit to report or thorium shall hold a permit for mining to the owners of properties included in the operations as specified in the Nuclear Energy mining area. Act. The mining authority shall publicise the The permit holder can apply for an decision at least in one newspaper in general assignment of a permit by submitting an circulation within the operations’ impact area. application thereon to the mining authority. The mining authority shall ensure that the As concerns the assignment, the application municipalities whose areas the decision on shall contain a necessary and reliable account assigning a permit involves publish the 23 decision without delay in the manner reservation decision expires if the party provided for in the Act on Public Notices. making the reservation submits notification in The mining authority shall inform the writing to the mining authority to request this. permit holder and assignee of any assignment The mining authority may cancel the of a redemption permit for a mining area. reservation decision if incorrect or incomplete information was given in the

Section 75 reservation notification or appendices thereto and such information essentially influenced Issuing a reservation decision and informing the consideration of the reservation decision. thereof The provisions laid down in section 57 on issuing of a permit decision shall apply to PART III issuing of a reservation decision. The mining authority shall deliver the PROCEEDINGS ESTABLISHING A reservation decision to the party making the MINING AREA, COMPENSATION, decision. AND COLLATERAL The mining authority shall publicise the decision at least in one newspaper in general Chapter 8 circulation within the impact area of the reservation area referred to in the decision Proceedings establishing a mining area and, if necessary, in a newspaper that can be and the related compensation assumed to be the best source of information for the owners and holders of properties Section 77 included within the area. The mining authority shall ensure that the Proceedings establishing a mining area municipalities the areas of which are included in the reservation area publish the Proceedings establishing a mining area decision without delay in the manner involve the claiming of rights to land use and provided for in the Act on Public Notices. other special rights to the areas required as the mining area and auxiliary area of a mine.

Section 76 Such redemption shall comply, unless otherwise provided hereinafter, with the Validity of a reservation decision provisions laid down in the Act on the Redemption of Immoveable Property and A reservation decision shall remain valid Special Rights (603/1977), hereinafter ‘the for a maximum of 24 months after issuing of Redemption Act’. The provisions of the Real the reservation notification. When Estate Formation Act (554/1995) concerning considering the validity period of a a cadastral procedure shall apply to the reservation decision, the mining authority correction or rectification of an error detected shall pay particular attention to the time in the proceedings establishing a mining required for drawing up the exploration plan area, and the proposal concerning the and other preparatory measures related to the cancellation of proceedings or a decision. exploration permit application. However, the land surveyor can conduct A reservation decision shall expire at the the proceedings establishing a mining area end of the designated fixed term. Furthermore, without executors if none of the concerned a reservation decision shall expire parties to the proceedings establishing a completely or partly when an exploration mining area, referred to in section 81, permit has been applied for on the basis of demand their participation and the the privilege entailed by the decision, in the proceedings do not involve compensation. manner laid down in section 34. Moreover, the mining authority shall decide that the 24

Section 78 of the redemption permit for a mining area and the mining permit or another person The competent land survey office whose rights or interests the proceedings directly involve. Upon demand, In matters concerning the proceedings compensation may be imposed for establishing a mining area, the competent inconvenience or damage caused by the mine land survey office shall be the one in whose or usage of the mining area or auxiliary area territory the property to be redeemed is to the mine, notwithstanding section 38 of located. the Redemption Act. If only a minority of the mining area or auxiliary area to a mine falls within the jurisdiction of another land survey office, all redemption shall be conducted by the land survey office in the territory of which the Section 82 majority of the property is located. Claiming possession

Section 79 In the proceedings establishing a mining Institution of proceedings establishing a area, through claiming possession referred to mining area in the Redemption Act, the holder of the redemption permit for a mining area and the The competent land survey office shall mining permit establishes the right to use the issue an order for proceedings establishing a areas and exercise rights for the purposes mining area immediately after having been specified in the permit, notwithstanding other informed of a decision concerning the rights exercisable in relation to the property. granting of a redemption permit for a mining The possession of areas designated in the area or a mining permit. redemption permit for a mining area and the Proceedings establishing a mining area mining permit, and the rights to be shall not be terminated before the redemption established, shall be claimed by the permit permit for a mining area and the mining holder in question at the time specified in the permit have become legally valid. By request possession survey to be conducted as part of of the competent land survey office, the the proceedings establishing a mining area. A mining authority shall issue a statement to precondition for claiming possession is that clarify the matter. the advance compensation ordained in the proceedings establishing a mining area is

Section 80 paid. If claiming of possession has a consequence Costs of the proceedings establishing a referred to in section 57(2) of the mining area Redemption Act, upon demand of the party involved in the proceedings establishing a The holder of the redemption permit for a mining area, the redemption committee can mining area and the mining permit shall be stipulate that, for that part, claiming of responsible for the costs of the proceedings possession shall take place at the earliest establishing a mining area. after the period designated by the committee – three months at a maximum after payment

Section 81 of the advance compensation ordained for the party concerned. A party involved in the proceedings If agreement cannot be reached concerning establishing a mining area the removal or transfer of property in the area claimed, the holder of the redemption permit A party involved in the proceedings for a mining area and mining permit shall establishing a mining area may be the holder specify a moderate time limit for the owner 25 or holder of the property, appropriate as right of use and other rights, also setting the regards initiation of mining activity, after required terms and restrictions for the usage which the mining permit holder will remove of areas. Minor deviations from the the property. In this case, the permit holder redemption permit for a mining area and the shall, prior to removal of the property, notify mining permit are admissible for a special the owner or holder of the property to be reason, in consideration of the provisions laid removed thereof, unless this is impossible. down in section 19 and section 47(2) and (3). If buildings, warehouses, or equipment or Once the redemption decision has become trees, a growing harvest, or other vegetation legally valid, right of use is established for must be removed or transferred from the area mining activity for the holder of the that is to be assigned or already has been redemption permit for a mining area and the assigned for mining activities, in addition to mining permit holder to the area confirmed inconvenience or damage caused, the as mining area, and another special right to removal or transfer costs incurred by the the auxiliary area to the mine, corresponding party involved shall be compensated. to its purpose of use, unless the areas have already been in the possession of the permit

Section 83 holder. Grounds for compensation in a special Section 85 situation Extinction of rights If the mining project has significantly increased or decreased the value of the Other special rights to the mining area and property redeemed, compensation shall be set auxiliary area to a mine shall cease to apply so as to correspond to the value that the once the proceedings to establish a mining property would have had without this impact. area have become legally valid. When right of use is claimed to property However, in the proceedings to establish a that the owner primarily uses for residential mining area, the decision can be made to purposes or for practising his or her retain a special right if the right and exercise profession, the compensation for an object of it do not endanger public safety or hamper referred to in the Redemption Act shall, mining operations, and if retaining of the notwithstanding the provisions laid down in right does not compromise the clarity of the subsection 1, always be set as high as is cadastral system. necessary to facilitate acquisition of ownership of a corresponding residence or Section 86 equivalent property offering the same livelihood to replace the claimed property. Demand for redemption by the landowner

Section 84 If the mining area or auxiliary area to the mine causes substantial inconvenience to the Confirming the object of claim and usage of the real property or part thereof, the establishing the right of use landowner is entitled to demand that the holder of the redemption permit for a mining At the final meeting in the proceedings area, and mining permit, redeem the real establishing a mining area, the redemption property or relevant part thereof. decision shall be declared, and appeal If the local detailed plan designates an area directions provided. for mining activity, in the proceedings The redemption decision confirms, on the establishing a mining area the landowner has basis of the redemption permit for a mining the right to demand full redemption of the area and the mining permit and, if necessary, area indicated in the plan. as indicated by the mining permit holder, the Property or parts thereof that are redeemed object of redemption, and it establishes the under subsections 1 and 2 shall be formed 26 into one or several redemption units, separate down in the Real Estate Formation Act and from the mining area, in compliance with the section 82 of the Redemption Act, the provisions laid down in section 49a(1) of the provisions in sections 89–92 of this Act shall Redemption Act on the formation of apply to such land consolidation. redemption units. In determining redemption compensation Section 89 for real properties and parts thereof that are redeemed under subsections 1 and 2, the Land consolidation amount of compensation shall be one and a half times the value of the redeemed area. As land consolidation, land-for-land exchange between properties can be carried out. However, if such land-for-land exchange cannot be performed in any appropriate

Section 87 manner, an area of land may be transferred from one property to another against full Private road arrangements monetary compensation. The provisions of sections 59, 65, and 66 Arrangements concerning private roads and of the Real Estate Formation Act shall apply rights of way that are necessary for the to the land exchange and transfer of an area establishment of a mining area or an in the proceedings establishing a mining auxiliary area to a mine shall be made in the area, unless otherwise provided in sections proceedings establishing a mining area. 90–92 of this Act. Other matters laid down as issues to be handled in the road construction proceedings Section 90 under the Act on private roads (Laki yksityisistä teistä 358/1962) shall also be Prerequisites for land consolidation handled and solved in the proceedings. Private road connections and rights of way Land consolidation may be carried out if can be arranged in regional road construction any of the following apply: proceedings referred to in section 38c of the 1) it is necessary in order to amend harmful Act on private roads, which can be conducted fragmentation of land caused by a mining upon request of the mining permit holder area or auxiliary area to a mine; without a separate application. 2) it can eliminate or substantially decrease the costs or compensation that would

Section 88 otherwise be caused by arranging a new means of communication to replace the one Establishing the necessity of land cut off because of a mining area; consolidation 3) land exchange or transfer of an area in order to contribute an additional area to real In the proceedings for establishing a estate adjacent to the mining area or auxiliary mining area, the necessity of performing land area to a mine is of particular significance for consolidation as described in section 89 shall the purpose of increasing the usability of the be established. real estate; or However, the necessity of land 4) it is necessary in order to transfer an area consolidation shall be established and of minor value, separated on account of a decided on in land consolidation proceedings mining area or auxiliary area to a mine, to referred to in section 68(2) of the Real Estate another piece of real estate, one that the Formation Act, instead of the proceedings for owner of the area cannot utilise in an establishing a mining area, if such land appropriate manner but that can be used in consolidation proceedings are pending at the connection with other real estate. time of the proceedings for establishing a Furthermore, the execution of land mining area. In addition to the provisions laid consolidation requires all of the following: 27 1) in the case mentioned above in office. subsection 1(1), it will result in a significant Regardless of appeals, the proceedings improvement in property division; establishing a mining area may be entered 2) it will not cause noteworthy harm to into the Cadastre concerning any real anyone; properties that the appeals do not involve. 3) it will not impede the implementation of Entries concerning the proceedings the local detailed plan. establishing a mining area can be made in the The execution of land consolidation is not Cadastre also regarding real estate involved subject to the consent of the landowner or in appeals, if the appeals do not influence the that of the holder of a right of lien or special confirmation of the subject of redemption, right to which the real estate is subject. establishment of rights of use or other rights, or the entries made. In such cases, the Cadastre keeper shall request permission for

Section 91 registration from the Land Court. The Land Court is thereby competent even if consisting Land consolidation agreements of only the Land Court chairman. Upon agreement of the owners of the real Section 94 estate in question, the proceedings establishing a mining area may, in cases The date of valuation and consideration for other than those referred to section 90(1), change in the general price level involve other land consolidation measures necessary to improve property division due In the proceedings establishing a mine, the to the establishment of mine or mining compensation for property redeemed shall be activities, in compliance with the provisions specified on the basis of value at the time of laid down on the prerequisites for land possession (date of valuation). consolidation in section 90(2)(2) and (3). If the general price level has risen since the date of valuation, the difference between the

Section 92 final redemption compensation and the advance compensation designated in the Compensation for land consolidation proceedings shall be adapted to meet the higher price level. In the land consolidation procedure, the area to be transferred from one piece of real Section 95 estate to another shall be assessed separately as regards the assigning and receiving of real Determination of the indemnee estate, respectively. Should these values differ from one another, the difference shall The proceedings establishing a mining area be for the holder of the redemption permit for shall determine the redemption compensation a mining area and mining permit to to be paid to the party to whom the redeemed compensate. property or subject of compensation belongs at the time of determination of the

Section 93 compensation, unless otherwise provided in the report presented in the proceedings. Registration of proceedings establishing a mining area Section 96 The proceedings establishing a mining area Payment of compensation and interest can be registered regardless of the payment of compensation, once they have become The advance and final compensation legally valid. The payment of compensation determined for payment by the holder of the need not be reported to the land survey redemption permit for a mining area and 28 mining permit shall be paid within three for proceedings. By request of the competent months of its imposition. If the payment of land survey office, the mining authority shall compensation is delayed, annual penalty issue a statement in order to clarify the interest shall be paid on it in accordance with matter. the interest rate referred to in section 4(1) of The property, inconvenience, or damage to the Interest Act (633/1982). Annual interest be compensated for shall be assessed in the at a rate of six per cent shall be paid on the proceedings referred to above in subsection final compensation as from the claiming of 1. Compensation shall be calculated from the possession referred to in section 82 in this time when the proceedings end, and the Act. annual interest in accordance with section 96 The holder of the redemption permit for a shall be calculated so as to begin at the time mining area and mining permit shall pay the of the final meeting of the proceedings land consolidation compensation imposed in establishing a mining area. the proceedings establishing a mining area. If the claim as described in subsection 1 In land consolidation, the recipient of the has been made apparently without area is obliged to pay compensation for the justification, the costs incurred for the received area to the appropriate permit holder proceedings shall be ordained to be paid, insofar as the compensation cannot be partly or in full, by the claimant. deducted from the payments imposed on the permit holder concerned. The assignor of the Section 98 area shall receive compensation for the assigned area from the appropriate permit Execution procedure in special cases holder. The provisions laid down in subsection 1 concerning calculation of The provisions laid down in section 288 of interest and payment of compensation shall the Real Estate Formation Act shall apply to apply to the compensation referred to in this compensation imposed in proceedings subsection. Interest on the compensation establishing a mining area that the interested imposed on account of land consolidation party shall pay to the holder of the shall be paid as of the time of gaining redemption permit for a mining area and possession of the areas specified in the mining permit, and to real estate the proceedings. ownership of which has changed as a consequence of land consolidation.

Section 97 Compensation in special cases If compensation as described in this Chapter 9 chapter can only be imposed after the conclusion of the proceedings establishing a Compensation for exploration, mining mining area, and no agreement is made on activity, and gold panning compensation, the subject of compensation shall be resolved in proceedings commenced Section 99 upon the demand of the holder of the redemption permit for a mining area and Exploration fee mining permit or the party demanding compensation, The provisions laid down The exploration permit holder shall pay concerning the proceedings establishing a annual compensation (exploration fee) to the mining area shall apply. owners of land included in the exploration Proceedings shall be applied for within area. three years of the occurrence of damage or The annual amount of the exploration fee inconvenience. Upon application, the per property shall be: competent land survey office issues the order 29 1) 20 euros per hectare for each of the first 2(2). four years of validity of the exploration If the permit authority has postponed the permit; expiry of the mining permit as described in 2) 30 euros per hectare per year for the section 68(3), the compensation referred to in fifth, sixth, and seventh year of validity of subsection 2 in this section shall be 100 euros the exploration permit; per hectare (elevated compensation) until 3) 40 euros per hectare per year for the mining activities commence or resume. eighth, ninth, and tenth year of validity of the The obligation to pay an excavation fee exploration permit; commences when the mining permit has 4) 50 euros per hectare for the eleventh and become legally valid. The obligation to pay for further years of validity of the exploration elevated compensation commences when the permit. decision on the new time for commencing The exploration fee for the first year shall mining activity, or continuing activities, has be paid no later than on the 30th day after the become legally valid. exploration permit becomes legally effective. For the purpose of confirming the The fee for the following years shall be paid excavation fee, the mining permit holder at the corresponding time. shall submit the relevant information to the mining authority no later than the 15th of

Section 100 March in the year following the year for which the fee is to be paid. The mining The excavation fee authority confirms the amount of the excavation fee annually by its decision. The mining permit holder shall pay annual The excavation fee shall be paid no later compensation (excavation fee) to the owners than on the 30th day from the entry into force of land included in the mining area. of the mining authority’s decision on the The annual amount of the excavation fee excavation fee. per property is 50 euros per hectare. In Further provisions on the application addition, the following shall be paid as an concerning the confirmation and revision of excavation fee: the excavation fee, the grounds for 1) 0.15 per cent of the calculated value of determining the excavation fee, and the metallic mining minerals, excavated and information to be submitted to the mining exploited during the year; considering the authority for the purpose of confirming the average price of the exploited metals excavation fee may be given by government included in the ore during the year, and the decree. average value of other products exploited from the ore during the year; Section 101 2) grounds influencing the financial value of the mining mineral, taking into By-product fee consideration reasonable compensation for excavated and exploited mining mineral The mining permit holder shall pay annual other than metallic mineral in accordance property-specific compensation (by-product with: fee) to each landowner in the mining area for a) an agreement between the property the benefit gained from by-products of owner and holder of mining permit; or mining activities that are used for purposes b) confirmation by the mining authority as other than mining activity. applied for by the property owner or holder The by-product fee shall be moderate, of the mining permit. taking into account the factors influencing If the grounds influencing the value of the the financial value of the by-product. If the mining mineral have substantially changed, mining permit holder and landowner do not the property owner or mining right holder agree on the compensation, it shall be 10 per may demand that the mining authority revise cent at maximum of the sales proceeds the compensation referred to in subsection gained from the by-product. 30 referred to in Chapter 8, conducted upon

Section 102 application by the party claiming compensation, the party concerned The gold panning fee responsible for prospecting work, or the permit holder. Such proceedings shall be The gold panner shall pay the authority or applied for within three years of the expiry or institution responsible for management of the cancellation of the permit in question, or of area an annual compensation (gold panning the appearance of the damage or fee). inconvenience caused by prospecting work. The annual amount of the gold panning fee If the damage or inconvenience caused by is 50 euros per hectare. activity based on an exploration permit or The gold panning fee for the first year shall gold panning permit appears later, be paid no later than on the 30th day after the proceedings shall be applied for within three gold panning permit becomes legally valid. years of the damage or inconvenience The compensation for following years shall becoming apparent. The party responsible for be paid no later than on the 15th of March. prospecting work, or the permit holder, is responsible for the costs of the proceedings.

Section 103 The provisions laid down in subsection 2 concerning claim for compensation, referred Compensation for damage and to in subsection 1, shall apply to civil matters inconvenience in an exploration, related to compensation referred to above in prospecting, and gold panning area sections 99, 100, and 102. The exploration permit holder shall Section 105 compensate for any inconvenience and damage caused in the exploration area by Compensation for certain environmental activities based on this Act, unless otherwise damage provided concerning the compensation as regards a specific measure. As concerns damage or inconvenience The provisions laid down in subsection 1 caused by pollution of water, air, or soil, or on the exploration permit holder’s liability by noise, vibration, radiation, light, heat, for compensation shall apply to the liability smell, or similar nuisance, the provisions laid of the party responsible for prospecting work down in section 12 of the Act on to compensate for damage and inconvenience Compensation for Environmental Damage caused in the prospecting area and the gold (737/1994) shall apply. panner’s liability to compensate for damage and inconvenience caused in the gold Section 106 panning area. Impact of assignment of permit on liability to

Section 104 compensate The procedure applicable for compensation Assignment of a permit referred to above in section 73 shall not absolve the permit holder The parties concerned can agree on the from liability for compensation insofar as payment and amount of compensation as damage or inconvenience has been caused described in sections 101 and 103, and on prior to approval of the assignment by the other aspects of compensation. The mining authority. agreement shall be made in writing. If an agreement is not made on compensation referred to in subsection 1, the claim for compensation shall be presented in the proceedings establishing a mining area 31 Chapter 10 collateral into money and sharing of assets. Collateral Section 110

Section 107 Costs to be paid from the collateral Collateral for exploration and gold panning The costs necessary for performance of the obligations laid down in this Act, or the The exploration permit holder and gold permit in question, can be paid from the panner shall deposit collateral for the purpose collateral. of offsetting potential damage and The mining authority shall release the inconvenience and performing after-care collateral when the permit holder has measures, unless this can be deemed fulfilled the obligations referred to in unnecessary in view of the quality and extent subsection 1. Partial release of collateral is of operations, the special characteristics of also possible. the operating area, permit regulations issued for the operations, and the applicant’s Section 111 solvency. The impact of assignment of a permit on the

Section 108 collateral Collateral for termination of mining activity Assignment of a permit, referred to in section 73 above, will not release the The mining permit holder shall deposit collateral. collateral, for the purpose of termination and Upon approving assignment of a permit, after-care measures of mining operations, the mining authority shall assess whether the that is sufficient in view of the nature and type or quantity of collateral should be extent of mining activity, the permit revised and make the necessary alterations to regulations issued for the activity, and the permit conditions in question. collateral demanded by virtue of other Simultaneously, the mining authority shall legislation. determine the time from which the changes are to be valid.

Section 109 Procedure concerning provision of collateral The permit authority shall determine the PART IV type and quantity of collateral for each permit in question. MINING SAFETY The amount of collateral shall be revised, if necessary, when the mining permit is revised Chapter 11 in accordance with section 62, or the exploration permit, mining permit and gold Mining safety requirements panning permit is amended in accordance with section 69, or the validity of permits is Section 112 extended in accordance with sections 61, 63 or 65. General duty to ensure mining safety The collateral shall be deposited with the mining authority, which shall oversee the The mining operator is obliged to ensure interests of the recipient of compensation mining safety. The operator shall pay when lodging the security and, if necessary, particular attention to the structural and act on matters related to the conversion of technical safety of the mine and to 32 prevention of dangerous situations and determine and identify elements endangering accidents in the mine, alongside limitation of mining safety. detrimental consequences caused by them. If factors endangering mining safety cannot Separate provisions are issued regarding be eliminated, the mining operator shall occupational safety in a mine. assess their significance. The mining operator shall have in its

Section 113 possession the account referred to in subsection 1 and the assessment referred to Measures required for mining safety in subsection 2, in writing. Both the account and the assessment shall be revised whenever When ensuring mining safety, the mining circumstances change fundamentally, and operator shall comply with the following they shall be kept up to date in other respects operating principles: too. 1) identify elements of danger and threats of accident; Section 115 2) eliminate elements of danger or, if that is not feasible, define safety objectives The internal rescue plan for a mine concerning limitation of elements of danger and undertake measures to limit the For the purpose of mining operations, the detrimental consequences caused by the mining operator shall prepare an internal elements of danger so as to render them as rescue plan for the mine. exiguous as possible. The internal rescue plan for a mine shall 3) implement measures necessary for specify the following: prevention of accidents and prepare for 1) foreseeable dangerous situations and rescue measures; accidents and the potential impact thereof; 4) implement generally effective measures 2) measures to prevent dangerous prior to individual ones; situations and accidents and to limit the 5) take account of the development of consequences thereof; technology and other methods available for 3) notification to be submitted to use in this area. authorities or other parties in consequence of The mining operator shall ensure dangerous situations or accidents; compliance with operating principles in the 4) co-operation with the local rescue mine; monitor the impacts of the measures authority; implemented on mining safety; and, if 5) exit routes and possibilities for necessary, undertake corrective measures. protection, along with arrangements for Whenever necessary, the operator shall extinguishing and rescue duties (independent immediately isolate a dangerous area from rescue measures); other parts of the mine, interrupt activity in 6) personnel participating in independent the mine, and implement the measures rescue measures, and training of them for required in terms of mining safety. their duties; Further provisions concerning the elements 7) equipment acquired for independent to be taken into account in the planning, rescue measures; selection, dimensioning, and implementation 8) preparation for repairing the damage of measures required to ensure mining safety, caused by accidents, and clearing the and the operating principles to be complied environment. with, may be given by government decree. For the use of those working in the mine, the mining operator shall prepare instructions

Section 114 in case of foreseeable dangerous situations and accidents. Detecting and assessing elements of danger Further provisions related to situation-specific independent rescue The mining operator shall systematically measures, co-operation with the local rescue 33 authorities, rescue drills to be arranged for concerns mining safety may be given by preparation for accidents and dangerous government decree. situations, training related to rescue operations, and other matters to be included Section 118 in the internal rescue plan of a mine may be given by government decree. The person in charge of mining safety The mining operator shall designate a person in charge of mining safety. The person in charge shall be employed by the operator and stationed in the mine in question. The person in charge shall be familiar with regulations concerning mining technology

Section 116 and mining safety, and with the measures required by mining safety, especially in the Preventing access by unauthorised parties mine in question. and providing guidance for rescue services’ The person in charge shall ensure that the units at the location regulations concerning mining safety, permit conditions, and measures and operating The mining operator shall ensure, via principles required for mining safety are structural means or, considering the nature of complied with in the mine. operations, in another sufficiently efficient The person in charge shall prove his or her way, that access to the mine and mining area proficiency in a test arranged by the mining is prevented for unauthorised parties. authority. The person in question shall be The mining operator shall ensure access to given a certificate of an approved test. the mine and mining area for the rescue Further provisions concerning the training authority managing rescue operations and of the person in charge of mining safety, his local rescue services’ units in case of or her proficiency, and its maintenance may accident or the threat thereof and shall ensure be given by government decree. the appropriate guidance of rescue units at the location. Section 119

Section 117 The mine map Organisation and personnel The mining operator shall prepare a map covering the mine and mining area (mine The mining operator shall ensure that the map) and keep it up to date. duties and areas of responsibility of The mining operator shall submit a copy of management and other personnel pertaining the mine map to the mining authority at the to mining safety are clearly defined at all beginning of each year. levels of the organisation. The mine map shall contain itemised By means of training, instruction, and information on the measures undertaken in guidance, the mining operator shall ensure the mine and other mining activity in the that the persons operating in the mine are mining area, so that aspects of mining safety, sufficiently informed about mining safety land use in the area, and exploitation of the and the measures it requires. deposit, and other measures associated with The mining operator shall ensure that the these, can be determined. persons operating in the mine comply with Further provisions on the mine map may be the measures and operating principles given by government decree. required in terms of mining safety. Further provisions for the training, guidance, and instruction of key persons as 34

Section 120 provisions laid down in Chapter 11, the following: Preparing for termination of mining activity 1) a plan concerning the construction of the mine; The mining operator shall, when planning 2) a plan concerning the functions and and constructing the mine, and operating it, buildings to be placed in the mining area; ensure that mining activity can be terminated 3) a geological and rock engineering and the mine closed safely. description of the deposit; 4) the mining methods used and the filling and filling materials of stopes; 5) the rock hoisting system. Moreover, an account as to whether the applicant has been entered in the prepayment register in accordance with the Act on prepayment of tax (Ennakkoperintälaki Chapter 12 1118/1996), in the employer register, and in the register of persons liable to pay value Regulations pertaining to mining safety added tax in accordance with the Value permits Added Tax Act (1501/1993), alongside a certificate of payment of taxes, a certificate

Section 121 of tax liabilities, or an account of a payment plan for tax liabilities having been made, Mining safety permit shall be appended to the application. If the applicant is a foreign company, it shall The construction of a mine, and its provide the corresponding information in an productive operations are subject to a permit extract from a register complying with the by the mining authority (mining safety legislation of the company’s country of permit). location or a corresponding certificate, or do so in another generally accepted manner.

Section 122 Further provisions on mining safety permit applications may be given by government Application for a mining safety permit decree. The application concerning a mining safety Section 123 permit shall be submitted to the mining authority. Procedures concerning a mining safety The application shall include a necessary permit application and reliable report for consideration of the permit on the following: The mining authority shall request a 1) the applicant; statement on the mining safety permit 2) consideration of mining safety application from the appropriate industrial requirements; safety authority and the local rescue 3) other elements of significance pertaining authority; the Radiation and Nuclear Safety to mining safety. Authority; and, if necessary, other authorities The following shall be appended to the securing the public interest in their field of application: a summary of the information activity. Moreover, the mining authority shall included in the application and appendices acquire other statements and reports that are thereto, an account and assessment compiled necessary as regards permit consideration. in accordance with section 114, an internal The provisions laid down in section 39 rescue plan for the mine, and a general plan – concerning the procedure as regards which shall include, taking into account the complaints and opinions shall apply to the handling of the mining safety permit 35 application. As concerns communication 1) measures required to implement mining about the mining safety permit application, safety; the provisions in section 40 concerning 2) an internal rescue plan for the mine; publicity of the permit application shall 3) training, guidance, and instruction of the apply. The provisions laid down in section person in charge and other key personnel as 42 for hearing the applicant shall apply to regards mining safety; hearing the applicant in response to 4) the mine map; statements and complaints. As concerns the 5) taking account of the termination of content of the mining safety permit decision, mining activity the provisions laid down in section 56(1) 6) the deadline to be set for submission of shall apply. any further specifications related to verifying the permit regulations; 7) other specifications that are necessary in view of public and private interests and pertaining to the implementation of permit conditions.

Section 124

Section 126 Prerequisites for granting a mining safety permit, and criteria for consideration of a Issuing of the decision concerning a mining permit safety permit, and informing thereof The prerequisites for granting a mining The decision concerning a mining safety safety permit are as follows: permit shall be issued in compliance with the 1) the planning of the mine and the mining provisions laid down in section 57 on issuing activities comply with the provisions laid a permit decision. down in sections 112–116 and 120; The provisions laid down in section 58 on 2) the obligations concerning the informing of a permit decision shall apply to organisation, personnel, and person in charge communication about a mining safety permit have been met in compliance with the decision. provisions of sections 117 and 118. A mining safety permit will be granted if Section 127 the applicant proves that even the other prerequisites laid down in this Act will be Validity of a mining safety permit met. A mining safety permit shall not be granted A mining safety permit shall remain valid before the mining permit has become legally until further notice after becoming legally valid and, if the mining area and the auxiliary valid. A mining safety permit can also be area to the mine are not in the possession of granted for a fixed period, if this is justified the mining operator, the operator has gained in consideration of the expected duration of possession of said areas. Provisions on mining activities, ensuring of mining safety, gaining possession are laid down in section and other factors that have emerged in 82. connection with handling of the application. However, at maximum, the permit is to be

Section 125 granted for the same term as the mining permit. Orders to be issued in the mining safety The mining authority shall review the permit regulations of a fixed-term mining safety permit at a maximum interval of 10 years. A mining safety permit shall include the The mining authority must include the necessary provisions for securing public and interval for review in the permit. In order to private interests concerning the following: secure essential public or private interests, or 36 for another special reason, the mining field, or a concerned party suffering damage, authority may ordain regular review of a alter the mining safety permit if: permit that is valid for a fixed term. 1) there are substantial deficiencies in mining safety;

Section 128 2) conditions have fundamentally changed since granting of the permit, and revision of Extending the validity of a mining safety the permit’s conditions is essential in order to permit protect public or private interests. The mining operator shall apply for The mining authority may grant extension revision of the mining safety permit if such to a fixed-term mining safety permit until changes occur in mining activity that have further notice or for a fixed period, in other than minor impact on mining safety. compliance, correspondingly, with the Moreover, the provisions laid down in provisions laid down in section 127(1). section 122 concerning a mining safety A prerequisite for extending the validity of permit application shall apply to this a mining safety permit is that the permit application. holder has complied with the obligations set If a mining permit has been assigned under forth in this Act, alongside permit section 73, the mining authority shall revise regulations. the mining safety permit accordingly as For extension of validity, an application to regards the mining operator. Simultaneously, extend the validity of the permit must be the mining authority shall revise the permit submitted to the mining authority prior to the conditions if necessary in order to ensure expiry of the permit, alongside the necessary mining safety. and reliable reports for the purpose of permit consideration, in compliance, correspondingly, Section 131 with the provisions laid down in section 122. Further provisions concerning the Cancellation of a mining safety permit application may be given by government decree. The mining authority can cancel a mining safety permit if

Section 129 1) in the application or appendices thereto, such incorrect or incomplete information has Expiration of a mining safety permit been given that has essentially affected the conditions set for granting a permit, or the A mining safety permit shall expire at the permit consideration in other ways; end of the designated fixed term. 2) the permit holder no longer meets the The mining authority shall decide that a requirements for granting of a permit; mining safety permit is to expire in the event 3) the permit holder has materially of either of the following: neglected or violated the obligations 1) the mining safety permit expiring or concerning mining safety laid down in this being cancelled; Act, or a restriction or the permit terms. 2) the mining operator submitting to the If the deficiencies, neglect, or violations mining authority an application requesting can be corrected or are insignificant, the this. mining authority shall, prior to making a decision under subsection 1(2) or (3), set a

Section 130 time limit for the permit holder in question to rectify the defect, violation, or neglect. Revision of a mining safety permit The mining authority shall, at its own initiative, or upon application of the relevant authority overseeing public interests in its 37

Section 132 use, and in potential foreseeable exceptional situations, and will not endanger the health, Handling of a matter related to extension to safety, or property of any party. The design the validity of a mining safety permit, or its and construction shall take into consideration expiry, alteration, or cancellation the account and assessment compiled in accordance with section 114. A matter related to extension of the validity The design and construction of a hoisting of a mining safety permit, or to its expiry, installation shall pay particular attention to alteration, or cancellation, shall be handled in the hoisting installation as an operational compliance, correspondingly, with the entity and ensure in particular that: provisions laid down in this Act on the 1) the strength and dimensioning of the permit procedure, permit consideration, the hoisting installation are sufficient; permit decision, and the validity thereof 2) the support and suspension devices of regarding a mining safety permit. the cage, and the fastenings thereof, ensure a sufficient level of safety; 3) monitoring of the load, any excessive speed, slowing down, emergency brakes, and other such elements essential in terms of safe operations is organised; 4) the machinery will work even in Chapter 13 potential exceptional situations without endangering safety; Mining machinery and equipment 5) the headframe, shaft and related constructions are durable and fireproof;

Section 133 6) the control system of the hoisting installation works reliably; Definitions of mining machinery and 7) the ventilation of passenger hoist equipment installations will work even in exceptional situations; In this Act, a hoisting installation refers to 8) the passenger hoist installations are a fixed installation moving in the mine equipped with the communication devices between levels, intended for transporting required for communicating; people or goods, with which the load is 9) the necessary prevention and rescue transported mechanically along guides in a measures can be carried out in dangerous shaft, and the related auxiliary devices and situations involving the passenger hoist surface constructions. installation. Mining machinery and equipment refers in Further provisions concerning the design this Act to the hoisting installations; the and construction of the hoist installation may equipment and machinery necessary in the be given by a Ministry of Employment and mine for the purposes of mining activity; and the Economy decree. machines, machinery, and equipment on the ground, immediately connected to the Section 135 operations of the mine, and combinations thereof. Inspection of a hoisting installation

Section 134 The mining operator shall ensure that the hoisting installation is inspected by an Planning and construction of a hoisting authorised inspection body, referred to in installation Chapter 14, prior to its commissioning, and thereafter at a minimum interval of one year, A hoisting installation shall be designed considering the account and assessment and constructed so that it is safe in ordinary compiled in accordance with section 114. 38 Moreover, the mining operator shall ensure belonging to the European Economic Area that the safety of the hoisting installation is corresponds to an inspection body referred to ensured on a continuous basis, considering in subsection 1 if the approval procedure has that same account and assessment. complied correspondingly with the Further provisions on the inspection of the provisions laid down in section 138 hoisting installation may be given by a concerning approval as an inspection body. Ministry of Employment and the Economy decree. Section 138

Section 136 Conditions for approval as an inspection body Placement of mining machinery and equipment The preconditions for approval as an inspection body are as follows: The mining operator shall place and, if 1) the body is independent in its activities necessary, protect the mining machinery and under its duties as an inspection body; equipment such that these are safe in 2) the body has enough professional staff at ordinary use and in potential foreseeable its disposal, the independence of whom in exceptional situations and such that they will operations has been ensured as concerns not endanger the health or safety of any inspection body duties; party. The design and construction shall take 3) the body has the equipment, tools, and into consideration the account and assessment systems required for its activities; compiled in accordance with section 114. 4) in view of the quality and extent of Furthermore, the mining machinery and operations, the body has sufficient liability equipment shall be placed so as to facilitate insurance or a corresponding arrangement their appropriate usage, maintenance, and that can be considered sufficient. inspection. An inspection body will be approved if it Further provisions about the placement of proves compliance in accordance with the mining machinery and equipment may be procedures laid down in the Act on verifying given by government decree. the validity of assessment services (Laki vaatimustenmukaisuuden arviointipalvelujen pätevyyden toteamisesta 920/2005) in keeping with the preconditions set forth in subsection 1. Chapter 14

Section 139 Inspection bodies Duties of an inspection body

Section 137 The inspection body shall perform the Approval of an inspection body commissioning inspections and periodic inspections of hoisting installations in Upon application, the mining authority will compliance with best inspection practices approve a Finnish organisation or foundation and in observance of the regulations and or a part thereof as an inspection body. recommendations concerning the subject of The approval decision shall specify the inspection. area of competence of the inspection body The inspection body shall follow the and lay down the regulations concerning the development of regulations and standards in operation of the body necessary for securing its line of business and work in co-operation public and private interests in order to ensure with other inspection bodies in its line of the appropriate performance of duties. A business insofar as is necessary to ensure decision can be issued for a fixed period. uniformity of operating methods. An inspection body approved by a state When carrying out the public 39 administrative duties referred to in this Act, and the duty to report concerning inspection the inspection body shall observe the activity and the results thereof may be given provisions laid down in the Act on the by government decree. Openness of Government Activities (621/1999), the Act on Electronic Services and Communication in the Public Sector (13/2003), the Administrative Procedure Act, the Language Act (423/2003) and the Sámi Language Act (1086/2003). Provisions concerning penal liability for acts in official capacity shall apply to an employee of an inspection body when performing an inspection assignment. Provisions for liability for damages are laid down in the Tort Liability Act (412/1974). The inspection body shall inform the mining authority of changes that could affect meeting of the conditions mentioned in section 138(1). The inspection body shall submit a report PART V on the inspection activities and results thereof to the mining authority annually. TERMINATION OF MINING ACTIVITY

Section 140 Chapter 15 Cancellation of inspection body approval Regulations concerning termination of Should an inspection body no longer meet mining activity the conditions mentioned in section 138, or should it fail to comply with the regulations Section 142 issued in the decision referred to in section 137, or otherwise function materially Time of termination of mining activity contrary to the provisions laid down in this Act, the mining authority shall specify a time Mining activity ends when the mining limit for the inspection body that is sufficient permit expires or is cancelled. for rectification of the matter. If the mining permit is altered such that the The mining authority shall cancel its area of the mining area or auxiliary area to a approval if the inspection body has failed to mine decreases or the content of rights of use correct deficiencies, misconduct, or neglect and other special rights involving the within the specified time limit or if the auxiliary area to a mine is reduced, the inspection body no longer meets a condition provisions concerning termination of mining set in section 137(1) herein. activity shall correspondingly apply to operations to be terminated.

Section 141

Section 143 Authority to issue a decree concerning inspection bodies Restoring of the area Further provisions on the approval No later than within two years of the procedure applicable for an inspection body, termination of mining activity, the mining the preconditions for approval and the operator shall restore the mining area and the assessment of these, the performance thereof, auxiliary area to the mine to a condition 40 complying with public safety; ensure their decree. restoration, cleaning, and landscaping; and perform the measures specified in the mining Section 146 permit. Final inspection

Section 144 Having received the notification referred to Removal of excavated mining minerals and in section 145, the mining authority shall of buildings and other constructions arrange a final inspection unless this can be regarded prima facie as unnecessary. The The mining operator may leave in place the final inspection shall establish whether the mining minerals excavated from the mine, fundamental bulk of the measures referred to and the buildings and other constructions on in section 143 and in section 144(1) have the ground for up to two years after been completed, and the elements necessary termination of mining activity. Thereafter, for protection of public and private interests they shall be transferred, free of charge, to shall be assessed. the landowner, who may demand their The mining authority shall inform the removal at the operator’s cost. following about the final inspection: Contrary to subsection 1 above, the mining 1) the operator and other parties concerned authority can temporarily prohibit the that the matter particularly concerns; removal of buildings and other constructions 2) the local authority of the municipality related to mining activity if that would where the mine is located, and other hamper or endanger the potential future municipalities in the areas of which usage of the mine, or excavation work. A environmental or safety-related impacts temporary ban can remain valid no longer pertaining to termination of mining activity than until the decision concerning may arise; termination of mining activity has become 3) the Centre of Economic Development, legally valid. Transport and the Environment in the Further provisions on the removal of operating area of which the environmental excavated mining minerals, buildings, and impacts pertaining to the termination of other constructions may be given by mining activity may arise; government decree. 4) if necessary, other authorities supervising public interests in their fields;

Section 145 5) in the Sami Homeland, the Sami Parliament; in the Skolt area, the Skolt Notification of mine-closure measures village meeting; and in a special reindeer herding area, the local reindeer owners’ The mining operator shall submit associations. notification in writing to the mining authority As concerns communication about the final immediately after the fundamental bulk of inspection, the provisions laid down in the measures referred to in section 143 and section 40 concerning publication of the section 144(1) have been completed. permit application shall apply. However, this notification shall be submitted Should the mining operator neglect no later than two years after the termination obligation referred to in sections 143–145, of mining activity. the mining authority shall undertake the The notification shall include an account of necessary measures in order to arrange a the measures performed, the geological final inspection. documentation concerning the mine and the An inspection report shall be compiled on mining area, and a mine map corresponding the final inspection, including a report of the to the time of termination. course of the inspection and observations Further provisions on the notification made during the inspection, alongside the procedure may be given by government key parts of any reminders and opinions 41 issued. Section 148 Further provisions on the final inspection may be given by government decree. Orders to be issued in the decision to terminate mining activity

Section 147 The decision to terminate mining activity Decision to terminate mining activity shall include the orders necessary in terms of public and private interests concerning The mining authority shall request a completion of termination measures within statement of the mining operator’s accounts the given time limit, monitoring of the and the inspection report compiled on the mining area and auxiliary area to the mine, final inspection, in compliance, buildings and other constructions referred to correspondingly, with the provisions laid in section 144(2), and other elements whose down in section 37 concerning statements to consideration is necessary in terms of be requested in conjunction with a mining protecting public and private interests. permit application. The provisions laid down The mining operator is entitled to access section 42 shall apply to hearing of the the mining area and auxiliary area to the parties concerned as regards the statements. mine in order to fulfil the obligations referred The mining authority shall make a decision to in subsection 1. to terminate mining activity once the The decision shall specify the impact area fundamental bulk of the measures referred to of the mine in which, for reasons of public in section 143 and section 144(1) have been safety or prevention of detrimental completed in a manner that protects public environmental impact, restrictions on land and private interests. However, if the mining use may be necessary. The mining authority activity in question is carried out for the shall ensure that an entry is made in the Land purpose of producing uranium or thorium, Information System of Finland about this the mining authority shall not make a impact area. When permit applications decision to terminate activity before the concerning construction or other projects Radiation and Nuclear Safety Authority has within the impact area of the mine are found the termination measures appropriately handled, the competent permit authority completed in terms of radiation and nuclear shall, whenever necessary, request a safety and approved them. statement from the mining authority. As concerns the content of the decision to terminate mining activity, the provisions laid Section 149 down in section 56(1) on the contents of a permit decision shall apply. The inspection Returning possession of a mining area report compiled on the final inspection shall be appended to the decision. Once a decision to terminate mining The decision on terminating mining activity has become legally valid, the mining activity shall be issued in compliance with operator’s right of use and right of the provisions laid down in section 57 on possession to the mining area shall be issuing a permit decision. As concerns terminated alongside the right of use and communication about the decision, the other rights to the auxiliary area of the mine. provisions set forth in section 58 concerning At the same time, the areas in question will permit application publication shall apply. be returned to the possession of the The mining authority shall ensure that an landowner, free of charge. entry is made in the Land Information System in Finland on the decision to Section 150 terminate mining activity. Obligation to monitor and implement corrective measures 42 After termination of mining activity, the State for maintenance costs, and from the mining operator shall remain responsible for mining operator for any inconvenience and monitoring of the mining area and auxiliary damage caused. area to the mine, in compliance with the The parties concerned can agree on the orders issued in the mining permit, or those payment and amount of compensation as is in the decision to terminate mining activity, described in subsection 1, and on other alongside the necessary corrective measures aspects of compensation. The agreement and the costs incurred therein. The operator shall be made in writing. is entitled to access the mining area and Unless compensation is agreed on, the auxiliary area to the mine in order to fulfil claim for compensation shall be set forth in these obligations. proceedings establishing a mining area The mining operator shall inform the referred to in Chapter 8, held subject to mining authority of all significant application by the party claiming detrimental impacts on public safety detected compensation, or the mining operator. during monitoring, and implement, without Proceedings shall be applied for within three delay, the necessary corrective measures. years of the decision to terminate mining The mining authority may issue orders operations being issued. If the damage or concerning the corrective measures inconvenience appears later, proceedings necessary. shall be applied for within three years of the Should the mining operator no longer exist, damage or inconvenience appearing. should it be unavailable, or if it cannot be made to comply with the obligation, where PART VI monitoring of the mining area or auxiliary area to the mine is necessary for reasons SUPERVISION, APPEAL, AND related to public safety, the possessor of the MISCELLANEOUS PROVISIONS area shall be responsible for the monitoring and corrective measures required. However, Chapter 16 the possessor of the area shall be held responsible for monitoring only if the Supervision, administrative constraint and possessor knew or should have known the sanctions condition of the area when acquiring it and the responsibility for monitoring and Section 152 required corrective measures is not apparently unreasonable. When the possessor The authority's right of access to information of the area cannot be obliged to assume responsibility, or the area in question is one The mining authority has the right to gain for which the right of possession and use information necessary for monitoring of have been returned to the landowner under compliance with the provisions of this Act section 149, the mining authority shall from the parties whom the obligations in this nevertheless be responsible for monitoring Act concern. and corrective measures. The mining authority, the Centre of Economic Development, Transport and the

Section 151 Environment, the industrial safety authority, and the Radiation and Nuclear Safety Compensation for the maintenance costs of Authority have the right, any confidentiality buildings and constructions obligations notwithstanding, to obtain from each other information necessary for the If the removal of buildings and other purposes of the supervision of exploration, constructions is prohibited in the decision to mining activity, and gold panning, and to use terminate mining activity, the party samples acquired by other of these parties. responsible for their maintenance shall be The local competent rescue authority has the entitled to receive compensation from the right, notwithstanding any confidentiality 43 obligations, to obtain from the mining in order to ensure that the mining operator authority information concerning mining complies with the provisions laid down in safety that is necessary in terms of rescue this Act concerning mining safety, and those operations. made in the mining safety permit. Notwithstanding any confidentiality The mining authority shall conduct obligations, inspection bodies are obliged to systematic periodic supervisory inspections provide information necessary for the purpose of mines to the extent required by their of co-operation between inspection bodies to activity. Instead of supervisory inspections, other inspection bodies referred to in this Act, the mining authority may approve other and information necessary for the purpose of measures suitable for supervision of activity, supervision, to the mining authority. enabling it to ensure compliance with Regardless of any confidentiality regulations concerning mining safety and obligations, information gained in those issued in the mining safety permit. management of the duties referred to in this Further provisions on the content of Act may be disclosed to a prosecutor and the supervisory inspections, their prescribed police in order to prevent and solve a crime. frequency and times of execution, notification of other authorities, co-operation of authorities, and division of duties in inspections conducted because of a serious accident or dangerous situation and other

Section 153 practical implementation of inspections may be given by government decree. The mining authority’s right of inspection

Section 155 The mining authority has the right to access an area where activity referred to in Executive assistance this Act is being engaged in or has previously been engaged in, provided that this is If necessary, the police are obliged to necessary as regards supervision as described provide executive assistance in order to in this Act, and to conduct inspections, take supervise compliance with the provisions samples, and engage in other measures laid down in this Act and orders issued under required for supervision purposes there. The it. The customs and border guard authorities inspection shall comply with the provisions are under similar obligation within their line laid down in section 39 of the Administrative of duty. Procedure Act. However, supervision measures can be Section 156 extended to premises intended for permanent residential purposes only if there is reason to Rectification of an offence or neglect doubt that a crime has been committed as referred to in the Penal Code (39/1889), The mining authority may: Chapter 16, section 8, Chapter 24, sections 1) prohibit a party that violates this Act or 1—4, Chapter 28, section 11, Chapter 35, an order issued under it from continuing or sections 1 and 2, Chapter 47, section 1, repeating the procedure in breach of the Chapter 48 or Chapter 48a, section 3, and the regulation or order; inspection is necessary in order to investigate 2) order a party that violates this Act or an whether the action is punishable. order issued under it to fulfil his or her obligation.

Section 154 Moreover, the mining authority may prohibit the use of mining machinery or Periodic supervision of mining safety equipment that can be considered to cause a serious threat to human health or safety and The mining authority shall supervise mines may order the mining operator to implement 44 the required repairs within a set time limit. of operations in the mine or part thereof until Should the mining authority find that the the reason for the accident or dangerous person in charge of mining safety is situation and the measures necessary to managing his or her duties inadequately such ensure the safety of future operations have that this may endanger mining safety, the been determined. On the basis of accounts, mining authority may order the mining the mining authority may conduct operator to appoint a new person in charge, inspections in the mine or require the who meets the proficiency requirements. inspection of the hoisting installation, and order that revision of the mining safety

Section 157 permit be applied for. Moreover, in order to ensure safety, the mining authority may Temporary prohibition of operations impose restrictions and conditions on starting mining activity after a serious accident or The mining authority may, on a temporary dangerous situation has occurred. basis, prohibit operations based on an exploration permit, mining permit, or gold panning permit, or impose temporary restrictions, if the holder of the permit in question has not rectified a violation or neglect regardless of a ban or order issued under section 156(1), or there is other reason Section 158 to suspect that the conditions set for cancellation of a permit exist. The ban or Conditional fine and threat of action and restriction shall remain valid no longer than suspension until the matter related to cancellation of the permit has been legally solved. The mining authority may intensify a ban The mining authority shall, on a temporary or order issued under this Act by imposing a basis, prohibit operations based on an conditional fine or a threat of action or exploration permit, mining permit, or gold suspension as prescribed in the Act on panning permit if payment of compensation conditional fines (Uhkasakkolaki as laid down in Chapter 8 or 9, or provision 1113/1990). of collateral ordered under Chapter 10, has been neglected. The ban shall remain valid Section 159 until the said neglect has been rectified or the matter concerning the cancellation of a The right to initiate proceedings permit has been legally solved. The mining authority shall ban the usage of Unless proceedings described in section a mine or part thereof, or impose a temporary 156(1) have been instituted on the mining restriction on mining activity, if serious authority’s own initiative, they can be defects have been found in the mining instituted in writing by: operator’s implementation of the measures 1) a party concerned suffering damage; required in terms of mining safety, or in 2) a registered association or foundation determination and assessment of dangers, or whose purpose is to promote protection of a ban or regulation issued under section the environment or health, nature 156(2) or (3) has not been complied with. conservation, or the pleasantness of the The ban or restriction shall remain valid no living environment, and in whose operating longer than until the matter concerning area, in compliance with regulations, the cancellation of a mining safety permit has environmental impact in question appears; been legally solved. 3) the municipality in which the activity is If a serious accident occurs or a dangerous located, or another municipality in the area of situation arises in a mine, the mining which the detrimental impacts appear; authority may impose temporary interruption 45 4) a Centre for Economic Development, Chapter 17 Transport and the Environment or another authority on the matter that is charged with Appeal and enforcement of decision protecting the public interest in its field; 5) the Sami Parliament, if the detrimental Section 162 impact appears in the Sami Homeland; 6) the Skolt village meeting, if the Appeal against a decision by the mining detrimental impacts appear in the Skolt area. authority

Section 160 Any appeal against a decision by a mining authority, issued under this Act, shall be filed Violation of mining regulations by way of appeal in the manner prescribed in the Administrative Judicial Procedure Act Anyone who, on purpose or through (586/1996), unless otherwise provided negligence, violates hereinafter. The competent administrative 1) an obligation, ban, or restriction laid court shall be determined on the basis of the down in sections 9–11, 15–18, 22–24, 26, 29, administrative court jurisdiction within 143–145, 150, or 168; which the majority of the exploration area, 2) an obligation, ban, or restriction laid mining area, or gold panning area referred to down in section 7, 8, 112–115, 117–119, or in the decision is located. 134–136; or As concerns a payment charged for a 3) an order issued under section 51, 52, 54, decision by the mining authority, an appeal 62, 125, 127, 148, or 169, or a ban issued shall be lodged in the same order as for the under section 144(2), main issue. shall be sentenced, unless a more severe A decision by the mining authority punishment is provided by law, to paying a concerning the release of collateral may not fine for violating mining regulations. be challenged by appeal. However, punishment shall not be meted out for an act referred to above in subsection Section 163 1(2) or (3) if the act, the inconvenience and damage caused by it, and other elements Appeal against a Government decision related to the act, judged as a whole, can be considered insignificant. A decision by the Government on a matter concerning application for a redemption

Section 161 permit for a mining area or a mining permit shall be challenged by way of appeal in the The right to institute criminal proceedings manner prescribed in the Administrative Judicial Procedure Act, unless otherwise The prosecutor may not press charges for provided hereinafter. an act referred to in section 160, if the act has only violated the interests or rights of a Section 164 private party, unless the injured party announces it for pressing charges. Appeal against a decision by an inspection body A decision by an inspection body may not be challenged by appeal. Rectification of a decision of an inspection body may be applied for with the inspection body within 30 days of notification of the decision being issued. The decision must be accompanied by instructions for demanding rectification. 46 Any appeal against the decision made by Section 166 the inspection body in accordance with the rectification procedure shall be lodged in an A decision by the administrative court administrative court in accordance with the provisions laid down in the Administrative A decision by the administrative court on a Judicial Procedure Act. matter of application referred to in this Act shall be issued after public notice. Those

Section 165 entitled to object by way of appeal shall be considered to have been informed of the Right of appeal decision at the time of issue. The decision process must be announced in advance in A decision on an exploration permit, compliance with the provisions laid down in mining permit, or gold panning permit; a section 57(2) on issuing a permit decision. decision to extend the validity of said permit; The administrative court shall ensure that a decision on its expiry, amendment, or the municipality in which the activity is cancellation; or a decision to terminate located, and another municipality in the area mining activity may be challenged by way of of which the detrimental impacts of activities an appeal by the following: appear, publishes the decision without delay 1) the party concerned; in the manner provided for in the Act on 2) a registered association or foundation Public Notices. whose purpose is to promote protection of The administrative court shall submit to the the environment or health, nature appellant the decision issued. Moreover, the conservation, or the pleasantness of the administrative court shall submit a copy of living environment, and in whose operating the decision to the mining authority and the area, in compliance with regulations, the parties concerned that have requested it, and environmental impact in question appears; the permit holder, if the permit holder is not 3) the municipality in which the activity is the appellant. located, or another municipality in the area of A decision by the administrative court which detrimental impacts of activities concerning a matter of administrative appear; constraint under this Act shall be delivered 4) a Centre for Economic Development, via verifiable service referred to in the Transport and the Environment and another Administrative Procedure Act. authority on the matter that is charged with protecting the public interest in its field; Section 167 5) the Sami Parliament, on the grounds that the activity referred to in the permit Appeal against decisions made in the undermines the rights of the Sami as an proceedings establishing a mining area indigenous people to maintain and develop their own language and culture; The provisions laid down in sections 89–93 6) the Skolt village meeting, on the of the Redemption Act on appeals shall apply grounds that the activity referred to in the correspondingly to appeals against decisions permit impairs the living conditions of the made in the proceedings establishing a Skolt population in the Skolt area and the mining area. possibilities for making a living there. Furthermore, the mining authority has the Section 168 right to appeal against a decision by which the administrative court has altered a Enforceability of a decision decision made by the mining authority or overruled the decision. Measures based on an exploration or gold panning permit may be initiated once the entitling permit decision has become legally valid, and the collateral prescribed in the 47 permit in question has been provided. enforcement does not render appeal useless However, if performance of the measures in and that the applicant provide the collateral question is subject to a permit required under prescribed by the mining authority in order to other legislation, the measures may only be compensate for the losses of benefits and initiated once the permit decision in question costs that nullification of the decision or has become legally valid, or the initiation of revision of permit regulations could cause. activity has been authorised by the authority Correspondingly, the provisions laid down in competent in the matter. Chapter 10 shall apply to collateral. As Measures based on a mining permit may be concerns the mining permit and mining initiated when: safety permit, a further precondition for the 1) the mining permit decision is legally valid; order is that possession of the mining area 2) the terms issued in the mining permit and auxiliary area to the mine have been concerning initiation of measures have been claimed by the permit holder in accordance fulfilled; with section 82, unless the areas belong to 3) the redemption decision referred to in the permit holder. section 84 is legally valid, and the final The mining authority may, by its decision, compensation determined for the permit issue an order referred to in subsection 1, holder in the decision has been paid; with the same preconditions, within the 4) collateral has been provided as specified appeal period or within 14 days of the end of in the mining permit; the appeal period, upon a separately 5) the permits significant for the measures submitted application. The provisions laid in question that are required by other down in sections 37–40 and 42 on handling legislation are legally valid, or the authority of a permit application shall apply to competent in the matter has authorised handling of such an application. The initiation of activity. provisions made in section 56(1) on the However, construction of a mine and content of permit decision, in section 57 on productive activities there shall not be issuing a permit decision, and in section 58 initiated before the mining safety permit has on informing of a permit decision shall apply become legally valid. to the decision. Moreover, the mining An appeal concerning compensation as authority shall, without delay, submit a copy ordained in the proceedings establishing a of the decision to the administrative court mining area shall not prevent the initiation of concerned and appellants. An appellant measures based on a mining permit and having lodged an appeal against the permit mining safety permit. decision in question can seek nullification of the order or amendment thereto with an

Section 169 administrative court without having to appeal against it separately. Enforcement of a decision regardless of The court of appeal can, on account of an appeal appeal, nullify the order referred to in subsections 1 and 3, or amend it, or For a justified reason, the mining authority otherwise prohibit the execution of the may, upon the request of the applicant, issue decision referred to in subsections 1 and 3. an order in the decision on extending the The administrative court decision on a matter validity of an exploration permit or a mining concerning enforcement may be appealed permit or mining safety permit that measures against by petitioning the Supreme individualised in the permit can be Administrative Court only in connection with undertaken regardless of an appeal, in the principal claim. compliance with the permit decision. The The exploration permit holder shall pay the above shall not apply to a mining permit exploration fee no later than the 30th day after concerning the production of uranium or the mining authority has issued the order thorium. referred to in subsection 1 or 3. In other A precondition for the order is that the respects, the provisions laid down in section 48 99 shall apply to the exploration fee. The Section 172 obligation to pay an excavation fee commences when the mining authority has Accident investigation issued an order referred to in subsection 1 or 3. In other respects, the provisions in section The mining authority shall investigate a 100 shall apply to the excavation fee. serious accident that has occurred in a mine if such an investigation is necessary in order

Section 170 to establish the reason for the accident or to prevent future accidents. The mining Enforcement of a decision on administrative authority can also investigate other accidents constraint and seriously dangerous situations that have occurred in the mine, if this is necessary in Regardless of appeal, a ban imposed by the order to establish the reason for the accident mining authority under section 144(2), and a or incident, or to prevent future accidents. ban and order under sections 156 and 157, Provisions on the investigation of major shall be complied with unless otherwise accidents are laid down in the Act on provided by the court of appeal. investigating major accidents (Laki suuronnettomuuksien tutkinnasta 373/1985).

Section 173 Borders of areas as concerns depth The borders of an exploration area, mining area, or gold panning area shall be read vertically in depth terms. Chapter 18

Section 174 Miscellaneous provisions Pledge

Section 171 The permit holder can pledge the right to Reporting an accident exploit mining minerals, based on a mining permit, or the privilege under an exploration The mining operator shall inform the permit. mining authority, without delay, of any The right to pledge becomes effective serious accident, dangerous situation, or when the mining authority receives written incident that has occurred in the mine. notification of the pledging from the permit The notification shall describe the accident, holder. The mining authority issues the dangerous situation, or incident and provide permit holder with a certificate of receipt of information to facilitate limiting the impacts the notification. of the accident, or preventing of dangerous Further provisions on the notification situations or incidents, and assess and limit procedure may be given by government the extent of the damage that has already decree. occurred or may arise. Moreover, the notification shall provide other necessary Section 175 information as regards supervision measures. Further provisions on the notification Payments procedure may be given by government decree. Provisions concerning charges for performances by State authorities under this Act, and the general grounds for the amount 49 of charges made for performances, and other Whenever other Acts and regulations grounds for charges are laid down in the Act issued under them refer to the Act to be on Criteria for Charges Payable to the State repealed, the reference shall apply to this Act (150/1992). after its entry into force. Municipalities are entitled to charge a fee for measures based on this Act. The grounds Section 178 for any fees must comply with the provisions laid down in the Act on Criteria for Charges General transitional provision Payable to the State. The tariff approved by the local authority lays down more-specific Matters pending with the Ministry of provisions concerning the grounds for fees Employment and the Economy under the Act charged by the municipality. to be repealed shall be transferred to the Handling of a matter initiated by an mining authority once this Act enters into authority or party concerned suffering force. The matters shall be handled and damage shall not be subject to a charge. decisions made on them in compliance with However, charges can be made if the the provisions valid when this Act entered initiation of the matter is considered prima into force, unless otherwise provided facie unjustified. hereinafter. Payments and charges in compliance with Provisions valid when this Act entered into this Act may be collected without a court force shall apply to matters pending with the judgement or decision, in the order provided Finnish Safety and Chemicals Agency or a in the Act on enforcement of taxes and court of law when this Act entered into force, payments (Laki verojen ja maksujen unless otherwise provided hereinafter. täytäntöönpanosta 706/2007). If, after this Act has entered into force, a court of appeal reverses a decision to which provisions in force when this Act enters into force shall apply and returns the matter in PART VII full for handling again, the matter shall be handled and decisions be made on it in FINAL PROVISIONS compliance with the provisions laid down in this Act. Chapter 19

Section 179 Entry into force and transitional provisions Provisions to be applied to exploration and gold panning

Section 176 Claim rights granted under the Act to be Entry into force repealed shall remain valid under the terms specified in the prospecting licence. This Act enters into force on 1 July 2011. The provisions laid down in sections 12 Measures necessary for the implementation and 15, section 62(2), and section 63 of the of this Act may be undertaken before the Act to be repealed shall continue to apply to Act’s entry into force. activity taking place under a claim right. The annual amount of claim compensation shall

Section 177 be 20 euros per hectare. Moreover, the provisions laid down in Repeal provisions sections 6, 12, 14, and 15 of this Act shall apply, correspondingly, to activity taking This Act repeals the Mining Act place under a claim right. If gold panning is (503/1965), hereinafter the Act to be undertaken under a claim right, the repealed. provisions laid down in section 6, section 50 24(3), and sections 27–30 on gold panning mining concession. A mining right granted shall apply to the activity. The claimholder under the Act to be repealed shall remain shall submit a report referred to in sections valid under the terms specified in the mining 14 and 28 of this Act for the first time no concession regulation and mining concession later than within one year of the entry into certificate. Moreover, the provisions laid force of this Act. The claimholder shall down in sections 44 and 45 of the Act to be submit notification referred to in section 15 repealed shall apply to mining rights, and the of this Act no later than within five years of provisions laid down in section 22 of the Act the expiry or cancellation of the claim right. to be repealed shall apply to the mining concession area and the auxiliary area to it.

Section 180 The annual amount of the mining concession fee is 50 euros per hectare. If the grounds Expiry and cancellation of a claim right, influencing the financial value of the mining extension of the validity of a claim right, and mineral have substantially changed, the party assignment of a claim right concerned has the right to file for the mining authority’s adjustment of the amount of the The provisions laid down in sections 67, excavation fee paid for the mining right for a 70, and 72 of this Act on the expiry and calendar year. In this case, the mining cancellation of an exploration permit or gold authority shall take account of the grounds panning permit shall apply to the expiry and influencing the economic value of mining cancellation of a claim right granted under minerals, and of the agreement on the matter the Act to be repealed. concluded by the parties involved. The provisions made in section 61, 66, and The mining right referred to in section 73 72 of this Act on extending the validity of an of the Act to be repealed shall remain valid exploration permit shall apply to extending under the terms specified in the decision the validity of a claim right, and when gold concerning the mining concession area. As panning is undertaken under the claim right, concerns a mining right, the provisions laid the provisions laid down in sections 65, 66, down in the Mining Act (273/1943) in and 72 of this Act on extending the validity sections 48–53 on the claim fee and section of a gold panning permit shall apply. Permit 57 on the excavation fee shall apply, and the consideration shall take into account any provisions laid down in section 20(2) and in neglect of the Act to be repealed, or section 32(2) of the mentioned Act shall regulations or orders issued under it, when apply to the mining concession area and section 46(1)(8) of this Act is applied. The areas outside it. The original annual amount maximum term of validity of an exploration of the claim fee is 50 euros per hectare. The permit shall include the validity period of the holder of mining rights shall pay the claim right. landowners in the mining concession area a As concerns assignment of claim rights, the claim fee for each year no later than on 31 provisions laid down in sections 73 and 74 January. The claim fee for 2011 shall, on the assignment of an exploration permit or however, be paid no later than on 30 gold panning permit shall apply. November 2011. The claim fee must be paid in full to the landowners. Instead of the

Section 181 provisions for a claim fee and excavation fee paid for a mining right, the provisions laid Provisions to be applied to mining activity down in section 100(1–3), (6) and (7) of this Act on excavation fee shall apply, should any A mining concession regulation granted of the parties concerned so require. under the Act to be repealed shall remain Correspondingly, the provisions laid down valid under the terms specified in the in sections 6, 17, 18, 97, 101, and 108–111; regulation. Furthermore, the provisions laid chapters 11 and 13–15; and sections 171 and down in sections 27–38 of the Act to be 172 shall further apply to activity undertaken repealed shall apply to the execution of a under a mining right. A mining right can be 51 pledged in compliance, correspondingly, concession area pursuant to the Act to be with the provisions laid down in section 174 repealed, ownership by a mining company, of this Act. The mining right holder shall, no or agreements made with landowners. later than within two years of this Act entering into force, render an account to the Section 182 mining authority of how requirements concerning mining safety have been taken Expiry, amendment, cancellation, and into consideration. Further provisions on the assignment of mining rights account may be given by government decree. The mining authority shall, no later than As concerns the expiry, amendment, and within three years of this Act entering into cancellation of a mining right granted under force, determine the type and amount of the Act to be repealed, and of a mining right collateral, and set a time limit of a maximum referred to in section 73 of the Act to be of one year for the mining right holder to repealed, the provisions laid down in sections provide collateral. Furthermore, no later than 68–70 and 72 of this Act on the expiry, within three years of this Act entering into amendment, and cancellation of a mining force, the mining authority shall issue the permit shall apply. If the expiry of a mining mining right holder with regulations right is postponed in accordance with section necessary as regards public and private 68(3), the provisions laid down in section interests, in compliance, correspondingly, 100(4–7) of this Act shall apply with the provisions laid down in section correspondingly; in this case, postponements 52(3) and section 125 of this Act, and define granted under section 50 of the Act to be an interval for revising the regulations in repealed shall be taken into account. Should compliance with the regulations laid down in the need arise to extend the usage area section 62(2) and in section 127(2) of this indicated in the mining concession Act on defining the interval for review. regulation, the provisions laid down in Unless a regulation is essential as regards sections 69 and 72 of this Act on amendment mining safety or an overriding public of a mining permit shall apply. interest, it shall not in any significant way However, a mining right under which gold decrease the benefit gained from the mining panning is undertaken, shall expire after nine project. As concerns the preparation of a years have passed since this Act came into decision on issuing a regulation, the force. The holder of such a mining right shall provisions laid down in sections 37–40 and have a privilege to a gold panning permit if 42 of this Act on handling of a mining permit the permit application is submitted in the application shall apply. The provisions made manner specified in section 34 of this Act in this Act in section 56(1) on the content of a prior to the expiry of said mining right. permit decision, in section 57 on issuing a The provisions laid down in sections 73 permit decision, and in section 58 on and 74 on the assignment of a mining permit informing of a permit decision shall apply to shall apply to the assignment of mining the decision. Any appeals against a decision rights. by the mining authority shall be made in compliance with the provisions laid down in Section 183 sections 162 and 165 of this Act. Regardless of appeal, a decision defining collateral shall Applying for an exploration permit on the be complied with, unless otherwise provided basis of a reservation by the court of appeal. Notwithstanding the provisions of this Act, The provisions laid down in section 32(3) excavation of calcite and dolomite may be of this Act on the privilege granted by a carried out under a mining right based on the reservation notification shall apply to a Act to be repealed, if the excavation has privilege granted by reservation notification continued without interruption and made under the Act to be repealed. A possession of areas is based on a mining reservation decision made under the Act to 52 be repealed will expire as its validity ends. Section 187 Furthermore, a reservation decision will expire when an exploration permit is applied Violation of mining regulations in activity for on the basis of the privilege it entails, in undertaken under claim and mining rights the manner laid down in section 34 of this Act. After the entry into force of this Act, anyone who on purpose or through neglect

Section 184 violates, in activity undertaken under claim rights and mining rights granted under the Applying for a mining permit under a claim Act to be repealed and under mining rights right referred to in section 73 of the Act to be repealed, A claim right granted under the Act to be 1) an obligation, ban, or restriction laid repealed will, correspondingly, grant a down in section 15, 17, or 18, section 24(3), privilege to a mining permit as provided for section 29, 143–145, or 150; in section 32(2) of this Act. 2) an obligation, ban, or restriction laid down in sections 112–115, 117–119, or 134–

Section 185 136; or 3) a ban issued under section 144(2), or an A reservation, claim right, or mining right as order issued under section 148 or section impediment to granting of a permit 181(4), shall be condemned, unless a more severe A reservation made under the Act to be punishment is provided by law, to a fine for repealed, or a claim right and mining right violating mining regulations. granted under it, or a mining right referred to However, a punishment shall not be in section 73 of the Act to be repealed, will imposed for an act referred to above in correspondingly be taken into account in subsection 1(2) or (3) if the act, considering application of section 44(2), section 46(1)(3– the inconvenience and damage caused by it, 5) and section 47(2) and (3) of this Act. and other aspects of it, judged as a whole, However, a claim right or mining right can be considered insignificant. under which gold panning has been A prosecutor may not press charges for an undertaken shall not constitute an act referred to in subsection 1 if the act has impediment to granting of a gold panning only violated the interests or rights of a permit referred to in section 46(1)(3) or (4) private party, unless the injured party reports of this Act. it for pressing of charges.

Section 186 Section 188 Application of provisions concerning Application of provisions to matters pending supervision and administrative constraint As concerns matters transferred to the Sections 152–159 and 170 of this Act, mining authority under section 178(1) of this concerning supervision and administrative Act, the provisions laid down in sections 57, constraint, shall apply, correspondingly, to 58, 74, and 75 of this Act on issuing a activity undertaken under a claim right and decision and informing thereof; in sections mining right granted under the Act to be 162 and 165 on appeal; and in section 166 on repealed, and under a mining right referred to issuing of an administrative court decision in section 73 of the Act to be repealed. shall apply correspondingly. As concerns appeals against the decisions made in the execution of a concession referred to in section 181(1) of this Act, the provisions of sections 89–93 of the 53 Redemption Act on appeals shall apply correspondingly. Helsinki, 10 June 2011 President of the Republic TARJA HALONEN Mauri Pekkarinen, Minister of Economic Affairs