Assessment of the effectiveness of legislation on mining operations
Vihervuori, Pekka (2019-06-17)
työ- ja elinkeinoministeriö
17.06.2019
Julkaisusarja:
Publications of the Ministry of Economic Affairs and Employment 2019:49
Julkaisun pysyvä osoite on
http://urn.fi/URN:ISBN:978-952-327-452-5Julkaisun muut kieliversiot:
SuomeksiKuvaus
Ministerial Advisor legal affairs, Tuula Manelius, tfn +358 0295 064 909 and Senior Adviser, Mineral Policy, Riikka Aaltonen, tfn +358 0295 064 216
Tiivistelmä
Pekka Vihervuori, Doctor of Law, has assessed the effectiveness of the Mining Act against the targets set in the act, and the interfunctionality of the Mining Act and other key legislation on mining operations. Feedback from interest groups was collected for the report.
Observations and recommendations for legislative development are presented in the report.
No fundamental changes to the mining legislation system are proposed. The effectiveness of the legislation could be improved and enhanced with various amendments. Based on the feedback, amendments were mainly called for to improve the interoperability of the different permit systems and the related coordination. Recent legislation already provides opportunities for this, although on a voluntary basis.
Provisions of the Mining Act on the general obligations of the permit holder should be amended to allow more detailed conditions to be set during the permit consideration process. This could involve more extensive and consistent application of conditions aimed at preventing and reducing harms. The regulatory framework regarding permit inspection needs to be harmonised. If the land use planning referred to in the Land Use and Building Act would be done at the municipal level, this would emphasise municipal self-government. Provisions of the Mining Act regarding notifications should be amended. The system of collaterals in mining operations needs a more thorough examination. The assignment given did not require recommendations on compensations under the Mining Act, or any other channelling of benefits. It is essential for all parties involved that the supervision of the Mining Act and environmental acts is proportionate, professional, efficient and timely.
Observations and recommendations for legislative development are presented in the report.
No fundamental changes to the mining legislation system are proposed. The effectiveness of the legislation could be improved and enhanced with various amendments. Based on the feedback, amendments were mainly called for to improve the interoperability of the different permit systems and the related coordination. Recent legislation already provides opportunities for this, although on a voluntary basis.
Provisions of the Mining Act on the general obligations of the permit holder should be amended to allow more detailed conditions to be set during the permit consideration process. This could involve more extensive and consistent application of conditions aimed at preventing and reducing harms. The regulatory framework regarding permit inspection needs to be harmonised. If the land use planning referred to in the Land Use and Building Act would be done at the municipal level, this would emphasise municipal self-government. Provisions of the Mining Act regarding notifications should be amended. The system of collaterals in mining operations needs a more thorough examination. The assignment given did not require recommendations on compensations under the Mining Act, or any other channelling of benefits. It is essential for all parties involved that the supervision of the Mining Act and environmental acts is proportionate, professional, efficient and timely.