The Legal 500

Update and trends

2012 was another busy year for the Swedish mining industry, with solid numbers in production, exploration investments and extended exploration permits. The area comprising northern Sweden, Finnish Lapland, northern Norway, and north-western Russia is extremely rich in minerals and is still underexploited. International capital has found its way to this area and new business ventures are being launched by Canadian, Australian, UK and other international companies.

Industrial activities are of great importance to Europe’s financial wealth. Industrial emissions, however, cause environmental pollution and industrial emissions constitute a major part of Europe’s total emissions to air, water and soil. Consequently, there is a need for regulation of industrial operations at an EU level. Partner Erica Nobel and associate Christina Hellström comment on the new legislation and the possible consequences thereof.

The Supreme Court makes clear that a party that has started to clean up contamination caused by another party is also deemed to be a business operator. This gives rise to joint and several liability for the original contamination. The fact that remedial work was intended to reduce the environmental impact is of no importance.

Procedural complexities to consider before appeal of permit to conduct environmentally hazardous operations.

A new planning and building act (Sw. plan- och bygglag) (”new PBL”) becomes
effective on 2 May this year and replaces the current planning and building act from
1987 (“old PBL”). The following article briefly highlights some of the more central
changes.

The environmental code, when introduced in 1999, increased corporate liability for cleaning up contamination. In the first place, the person who operated or operates the contaminating business is responsible for the clean up.

The environmental courts were established in 1999 in conjunction with the Environmental Code taking effect. The court assumed the role which the Concessions Board for environmental protection and the water courts had had as licensing authorities. The property courts history is considerably older than the environmental courts, since they were founded in 1969.

– the opportunity the energy sector has been waiting for?

Must foreign designers or contractors enter into a joint venture with a local contractor to design, build and be paid for their work? Does the law require that the local contractor control the joint venture?

There is no such requirement. A foreign contractor wishing to undertake a project can choose to establish a branch office, a subsidiary or contract through its company domiciled abroad.

The Swedish government has presented a bill to bring into force EC Directive 2004/35/EC of the European Parliament and the Council, of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage.