THE FIRST CHAMBER
HORIZONTAL PROVISIONS
Chapter 1. Objectives and scope of the environmental code
paragraph 1 of the rules of this beam is intended to promote a
sustainable development means that current and future
generations ensuring a healthy and good environment. Such
development is based on the realization that nature has a protective value
and that man's right to alter and use nature is
accompanied by a responsibility to manage the nature well.
The environmental code, shall apply to
1. human health and the environment are protected against damage and
nuisance whether these are caused by pollutants or
other influences,
2. valuable natural and cultural environments are protected and cared for,
3. biodiversity is preserved,
4. land, water, and physical environment in General is used so that a
from ecological, social, cultural and socio-economic
point of view long-term good management is secured, and
5. reuse and recycling, as well as other management of
materials, raw materials and energy is promoted to a cycle
is achieved.
paragraph 2 of the rules of this beam on the management of land and
waters, permits, registration and admissibility shall in
question on the geological storage of carbon dioxide also apply to
Sweden's continental shelf outside the territorialgränsen.
Additional provisions for the application of the beam off
territorialgränsen is available in Chapter 7. § 32 and 15 Cape. section 31 and
in the lagen (1966:314) om kontinentalsockeln and in law
(1992:1140) for Sweden's economic zone. Law (2012:430).
3 § in the case of activities that may cause injury or inconvenience
for human health, the environment or other interests protected
According to the Swedish environmental code shall apply in addition to the code provisions in
other teams.
As regards protection against ill-health and accidents at work, as well as in
such aspects as essentially the working environment
apply the provisions of the work environment Act (1977:1160).
4 § in the case of certain environmentally hazardous activities and specific
water operations, special provisions under the Act
(2010:897) on gränsälvsöverenskommelse between Sweden and
Finland, Act (1974:268)
Environmental Protection Convention on 19 February 1974 between Denmark,
Finland, Norway and Sweden and the law (1929:404) on the validity
here in the realm of Swedish-Norwegian water legal Convention of
May 11, 1929. Law (2010:898).
§ 5 the Government may, to the extent that because of the prevailing
special conditions are necessary in order to strengthen
Defense Preparedness, provide for total defense
deviating from this beam, but not in such a subject area
for which regulations have to be notified.
section 6 of the Act (1994:1500) Sweden
to the European Union, there are regulations concerning the effect of the
the Union's treaties and other instruments, as well as the Union's decision.
Law (2011:322).
7 § in the case of sanitation in certain areas and
neighbouring regions terms of section 26 of the traffic Act (1971:948).
In the case of performance of supersonic aircraft and
aircraft environment rating applies to Chapter 1. section 7, Chapter 3. 1 §
the Aviation Act (2010:500).
In the case of framdragande and the second by pipeline applies
in some cases, section 23 of the Act (1978:160) om vissa pipelines. In
question about the construction of natural gas pipeline comes Chapter 2. 4 §
the natural gas Act (2005:403). Law (2010:504).
Chapter 2. General care-rules, etc.
Application and burden of proof
§ 1 When issues are examined on the admissibility, consent, approval,
and waivers and when such conditions which do not relate to
compensation and supervision under this beam is all that
conducts or intends to conduct business, or take a
action required to demonstrate that the obligations arising from the
This chapter are complied with. This also applies to anyone who has engaged in
activities that can be assumed to have caused harm or inconvenience to
environment.
For the purposes of this chapter, measure a measure that is not of
negligible importance of the individual case.
Care-rules
section 2 everyone who conducts or intends to conduct a business
or to take action to gain the knowledge needed
taking into account the nature of the activity or measure and
scope in order to protect human health and the environment from damage
or inconvenience.
paragraph 3, anyone who carries on or intends to carry on a business
or to take action to carry out the security measures, observe the
limitations and take the precautions as
needed to prevent, hinder or curtail operations.
device or measure harm or inconvenience to
human health or the environment. For the same purpose shall at
professional activities used the best available technology.
These precautions shall be taken as soon as there is reason
to believe that an activity or action can result in injury or
inconvenience to human health or the environment.
section 4 anyone who conducts or intends to conduct a business
or to take action to avoid using or selling
such chemical products and biotechnical organisms that can
likely to pose risks to human health or the environment, if they
can be replaced with such products or organisms that can
is assumed to be less dangerous. Corresponding requirement applies in the case of
articles containing or treated with a chemical product
or biotechnical organism. Law (2006:1014).
5 § All engaged in an activity or action
shall economise with raw materials and energy as well as exploit
the opportunities for reuse and recycling. In the first
hand, the renewable energy sources be used.
Choice of location
section 6, for an activity or action that consumes a
land or water area shall be chosen a location that is
appropriate in the light of that purpose can be achieved with
minimum intrusion and inconvenience to human health and the environment.
In consideration of the issues under Chapter 7, authorisation
According to Chapter 9 and 11, the Government's tillåtlighetsprövning
According to chapter 17. and review of activities under Chapter 9. 6,
6 a and 6 b section, Chapter 11. 9 a § and 12 Cape. paragraph 6 shall
the provisions of Chapter 3 and 4. apply only in the cases
terms of modified use of land or water areas.
A permit or an exemption shall not be granted in contravention of a
detailed plan or area regulations according to plan-and
Building Act (2010:900). Small deviations may, however, be made, if
the purpose of the plan or not.
Team (2013:758).
Fairness trade-off
section 7 requirements of §§ 2-5 and section 6 of the first paragraph of the
extent cannot be considered unreasonable to comply with them. for
This assessment shall take particular account of the benefits of
protective measures and other precautions compared with
the costs of such measures. In the case of a
totalförsvarsverksamhet or action needed
total defense, at the balancing account is also taken of the this
relationship.
Despite the first paragraph, the requirements needed to
follow an environmental quality standard referred to in Chapter 5. paragraph 2 of the first
subparagraph 1. If there is a programme of action which have been
to follow the norm, should it be indicative for the assessment
of the need.
When assessing the admissibility, consent, approval or
an exemption for an activity or action that provides for increased
pollution or disturbance and can be adopted on a not insignificant
contribution to an environmental quality standard referred to in Chapter 5.
2 paragraph 1 is not complied with, or
the action at the balance referred to in the first and second subparagraphs
be permitted on the
1. is consistent with an action programme which has been established for
to follow the norm,
2. be subject to conditions on the take or pay
compensatory measures that increase the possibilities to follow the norm
to an extent that is not insignificant, or
3. Despite the fact that it hampers the possibilities to follow
environmental quality standards in the short term, or in a small geographic
area, are likely to provide significantly increased opportunities to follow
the norm in the longer term, or in a larger geographical area.
Law (2010:882).
Responsibility for the damaged environment
section 8 everyone who engages in or has engaged in an activity, or
taken a measure which resulted in damage or nuisance to the environment
responsible for its damage or inconvenience has ceased to
This is remedied to the extent it may be considered reasonable under 10
Cape. In so far as it is provided in this beam can instead
obligation to compensate for damage or inconvenience incurred.
Ending balance
section 9, an activity or action likely to cause injury
or inconvenience of substantial importance to human health
or the environment, although such protective measures and other
precautions to be taken as may be required under this beam,
the activities conducted or measure taken only if
the Government considers that there are special reasons.
An activity or action may not be conducted or taken if
It entails a risk that a large number of people get their
living conditions significantly deteriorated or the environment
deteriorate significantly.
By way of derogation from the first and second subparagraphs shall not apply, if
the Government has enabled the activities under Chapter 17. 1, 3 or
4 section. Law (2002:175).
section 10 About an activity or action is of the utmost importance
from the public point of view, the Government may allow this, although
the conditions are those specified in section 9 of the second paragraph.
However, this does not apply if the activity or operation can
likely to impair the overall health.
Decisions referred to in the first subparagraph may be subject to conditions in order to
meeting needs in the general interest.
Chapter 3. Basic rules for the management of land and
water areas
section 1 of the land and water areas shall be used for the
purposes for which areas are most suitable with respect to
nature and location, as well as present needs. Seniority shall
given such use as entails a from the point of view of the public good
housekeeping.
section 2 of the Major land and water areas that are not at all or only
insignificant is influenced by the land development corporation or other
interventions in the environment must, as far as possible, be protected from measures
that can significantly affect the area's character.
section 3 of the land and water areas which are particularly sensitive from
an ecological point of view, must as far as possible be protected from measures
that could damage the natural environment.
4 § agriculture and forestry is of national importance.
Management host agricultural land shall be used for buildings
or installations only if necessary to fulfill the
essential social interests and this need may not
be met in a satisfactory manner from the point of view of public
by other land.
Woodland which has significance for the forest industry so far
possible be protected from measures that could significantly complicate a
rational forestry.
section 5 of the land and water areas of importance for reindeer husbandry
or commercial fishing or aquaculture shall as far as possible
protected against measures that could significantly complicate u.
the pursuit.
Areas that are of national interest for reindeer husbandry or
commercial fishing must be protected from measures referred to in the first
paragraph.
section 6 of the land and water areas as well as the physical environment in General who have
importance from the point of view of the public because of their natural value
or cultural values or with regard to outdoor life, so
far as possible, be protected against actions that may significantly damage
natural or cultural environment. The need for green areas in urban areas
and in the vicinity of urban areas shall in particular be taken into account.
Areas that are of national interest for nature conservation,
cultural environment or outdoors shall be protected against
measures referred to in the first subparagraph.
section 7 of the land and water areas that contain valuable substances
or materials must, as far as possible, be protected from measures that
can significantly complicate the extraction of these.
Areas that contain deposits of substances or materials
are of national interest must be protected from measures referred to in
the first paragraph.
section 8 of the land and water areas that are particularly suitable for
industrial production, energy production,
distribution of energy, communications, water supply, or
waste management shall as far as possible be protected from measures
that can significantly hinder the creation or use of
such plants.
Areas that are of national interest for plants referred to in
the first subparagraph shall be protected against actions that may significantly
hinder the creation or use of the sites.
section 9 of the land and water areas that are relevant to the
total defence shall as far as possible be protected from measures that
may significantly counteract the Swedish defence interests.
Areas that are of national interest due to the need for
the Swedish defence establishments shall be protected against actions that may
significantly hinder the creation or use of
the installations.
section 10 if an area under 5-8 sections are of national interest for several
incompatible purposes, preference shall be given to the purposes
as in the most appropriate way promotes a long-term management of
soil, water and the physical environment in General. Required area
or part thereof for a total defense shall
Defense interest shall prevail.
Decision pursuant to the first subparagraph must not be contrary to the
the provisions of Chapter 4.
Chapter 4. Specific provisions for the management of land and
water to certain areas
Areas which are of national interest
section 1 of the areas specified in paragraphs 2-8 am, taking into account the nature
and cultural values that are available in the areas, in full by the
interest. Development companies and other interventions in the environment,
come into being only if
1. it does not encounter any obstacles, under 2-8 sections and
2. it can be done in a way that does not significantly harm the area's
the natural and cultural values.
The provisions of the first subparagraph 2 and in 2-6 sections do not constitute
barriers to the development of existing urban areas, or of the
local industry or for the performance of plants
needed for total defense. If there are special reasons is
the provisions nor obstacles for
the exploitation of such deposits of substances or materials
referred to in Chapter 3. the second subparagraph of paragraph 7. Law (2001:437).
paragraph 2 within the following areas, tourism and recreation and commerce,
mainly the moving outdoor life's interests be taken into account, in particular,
in the assessment of the admissibility of the development companies or
other interventions in the environment:
The coastal area and the archipelago of Bohuslän from riksgränsen on
Norway to Lysekil,
The coastal area of Halland,
Kullaberg and Halland Ridge with neighbouring coastal areas,
The coastal area in southern Sweden from Örnahusen South of Clonee to
Åhus,
The coastal areas and archipelagos in Småland and Östergötland from
Oskarshamn to Arkösund,
The coastal areas and archipelagos in Södermanland and Uppland from
Oxelösund to Herräng and Singö,
The coastal area and archipelago in ångermanland, from Storfjärden at
Ångermanälven River to Skagsudde,
The coastal area and archipelago in Norrbotten from Bondöfjärden to
the national border with Finland,
Oland,
Gotland,
Lake and Drumlin landscape in the US,
Åsnen with Islands and beach areas and areas south of it along
MÖRRUM River and at Lake Mien to the Pukavik Bay and
Listerlandet,
Lake Vänern with Islands and beach areas,
VÄTTERN Lake with Islands and beach areas,
Tiveden with areas at Lake Unden and Lake Bay and area
along Göta kanal between karlsborg and Sjötorp,
Dalsland Nordmarken area-from Mellerud and Lake Ånimmen at
Lake Vänern to the Lake system from Dals-Ed in the South to East Liverpool and
Östervallskog in the North,
Fryksdalen from Wedge to Torsby and the area along the upper part
of the river Klarälven in Torsby municipality,
The Lake with Islands and beach areas,
Area Malingsbo-Kloten between the Storå, Kopparberg, Smedjebacken
and Saudi
The area along the Dalälven River from Avesta to Victoria Island,
Lake Siljan and Lake with Islands and beach areas and area
along the Oreälven, Lake Treasure the kid and Oresjön with the area to the South
effect of Gullerasen and Boda to Rättvik,
The area along the Ljusnan River from Rosslea to B,
Wine some River Valley,
Mountains from Transtrandsfjällen to the South of Treriksröset
with the exception of the mountain areas as defined in section 5.
section 3 In the coastal areas and archipelagos in Bohuslän from
the border with Norway to Västra Götaland County, in Småland and Östergötland
from Near to Arkösund and ångermanland from
Storfjärden at the Ångermanälven River to Skagsudde may
plants referred to in chapter 17. 1 § 1 and 4 (a) § 1 – 11 do not
come to fruition.
On Öland, establishments referred to in chapter 17. 1 § 1 and 4 a of the
1-6 and 8-11 do not come to fruition. Law (2009:652).
4 section In the coastal areas and archipelagos from Västra Götaland County to
Near and from Arkösund to Fa, along the coast of Gotland,
at Östergarn and Storsudret on Gotland and Fårö,
leisure buildings come about only in the form of
additions to existing buildings. If there is
special reasons may be other recreational buildings come to
position, preferably such that cater to the moving
outdoor life's needs or concerns the simple holiday home near
the major urban regions.
In areas referred to in the first subparagraph, plants
referred to in chapter 17. 1 § 1 and 4 (a) § 1 – 6, 9 and 10 come to fruition
only in places where there are already plants covered
the provisions of chapter 17. 1 and 4 (a) sections. Act (2005:571).
§ 5 In mountain areas Långfjället-Rogen, Sylarna-Helags,
Skäcker-mountains, Bur the water, hotagsfjällen, frostviken-
Borgafjällen, Marsfjällen-Vardofjällen, Art Mountain, Tern-
Vindelfjällen, Sarek-Mavas, Kebnekaise-Sjaunja, Rostu in and
Pessinki, buildings and installations come into being
only if needed for reindeer husbandry, the resident population,
the scientific research or active outdoor pursuits.
Other measures in the areas may be taken only if it can be done
without the areas ' character is affected.
section 6 of the hydroelectric power plants and water regulation or
water conduction for power purposes shall not be carried out in
stateprotected national rivers Torne River, Kalix River, Pite River and
The vindel River with accompanying water areas, headwaters and
tributaries and in the following waters and associated source
and tributaries:
In the Dalälven River Västerdalälven upstream
Hummelforsen and Österdal River
upstream Trängslet
In the Ljusnan River Voxnan upstream Vallhaga
In the Ljungan River upstream of Lake Storsjön and
Gimån upstream Lake
Åreälven In Indalsälven, Ammerån, Storån-
Dammån and Hårkan
In the river Lejarälven, Storån upstream
Klumpvattnet, Långselån-
Rörströmsälven, Saxån,
Ransarån upstream Ransarn and
Vojmån upstream Vojmsjön
Vapstälven
Moälven
Lögdeälven
Öreälven
In the ume River Tärnaån, Girjesån and Juktån
upstream Fjosoken
Sävarån
In the Skellefte River headwaters upstream Sädvajaure
respective Riebnes and Malån
The Byske River
Åbyälven
In Lule River Big Lule River upstream of Akkajaure, Small
Lule River upstream of the Skalka and Tjaktjajaure
as well as the Pearl River
Råne River
Emån
Bräkneån
MÖRRUM River
Fylleån
In the upstream Enningdalsälven Enningdalsälven border
to Norway
Hydroelectric power plants and water regulation and water conduction
for power purposes may not be performed in the following Rapids:
In the Klarälven river section between Maidstone and Edebäck
In the Dalälven River Västerdalälven downstream Skiffs-
the rapids and the Dalecarlia River downstream
Näs bruk
In the Ljusnan River stretch between H2 and Svegsjön
as well as the section between Laforsen and
Arbrå Lakes
Ljungan stretch between Havern and
Lake and the stretch downstream
Viforsen
In Indalsälven Långan downstream Landösjön
In the river Faxälven between Edsele and
Helgumsjön
In the ume River Tern rapids between Big-Laisan and
Gäuta
The first and second subparagraphs shall not apply to water operations that
causes only insignificant environmental effects.
7 § Area Ulriksdal – Haga-Brunnsviken – Djurgården is a
National City Park.
Within a national urban park, new buildings and new
plants come into being and the other measures to be taken
only if it can be done without infringement of parkland or
natural environment and without the natural and historic landscape
cultural values in general are damaged.
Notwithstanding the second subparagraph, an action that involves
a temporary infringement or a temporary injury in a
National City is taken, if
1. the measure raises the Park's natural and cultural values, or
meet another urgent public interest, and
2. the Park is restored so that it does not persist more than a
minor infringement or an insignificant harm. Law (2009:293).
section 8 A use of land and water that can affect a
nature reserve listed under Chapter 7. paragraph 27 of the first
paragraph 1 or 2 which includes activities or measures
that requires a permit under Chapter 7. section 28 shall be made
only if such permission has been granted. Law (2001:437).
Areas for geological storage of CO2
§ 9 the Government may provide for each geological
storage of carbon dioxide may be made with regard to
storage sites delimitation against land and water, against
public and private waters as well as to Swedish and other
States and economic zones.
Law (2012:430).
Sea areas
section 10 for each of the sea areas of the Gulf of Bothnia,
The Baltic Sea and the North Sea, there should be a havsplan which provides
guidance to Governments and local authorities in the planning and
examination of the claims of the use of the area. Marine plans
shall include Sweden's economic zone and those areas not
included in real estate in Swedish territorial waters from a nautical
miles outside the base line referred to in the Act (1966:374) about
Sweden's territorial waters. The purpose of the sea is planned to be
contribute to sustainable development. Marine plans
shall be decided by the Government.
The Government may provide for such prohibitions or
limitations in terms of activities and measures within
a havsplanerat area is needed in order to achieve the objective of
the plan. Law (2014:861).
Chapter 5. Environmental quality standards and environmental quality management
Regulations on environmental quality
section 1 of the Government, for certain geographical areas or for the entire
the country provide for the quality of soil, water, air
or the environment in General, if it is needed to permanently protect
human health or the environment, or to remedy damage to
or inconvenience caused to human health or the environment
(EQs).
The Government may assign to an authority to inform
environmental quality standards imposed by Sweden's membership in the
The European Union.
section 2 of the environmental quality standards shall specify
1. levels of pollution or interference levels that people can
be exposed to without danger for the inconvenience of importance or as
the environment or nature can be loaded with no danger of tangible
nuisances and which may not be exceeded or adhered to
After a specified time or in one or more
specified time periods,
2. levels of pollution or interference levels shall
sought or that should not be exceeded or adhered to
After a specified time or in one or more
specified time periods,
3. the highest or lowest occurrence of surface and groundwater by
organisms that can serve as guidance for the assessment of
the State of the environment, or
4. the requirements in General on the quality of the environment resulting from
Sweden's membership in the European Union.
Environmental quality standards shall be reviewed.
Lag (2003:890).
paragraph 3 of the authorities and the municipalities should be responsible for
environmental quality standards are followed. Law (2010:882).
Action program
4 § if necessary to comply with an environmental quality standard,
the Government or the authority or authorities or municipalities
the Government draw up a proposal for a
action programmes.
If an environmental quality standard for a geographic area may not
be followed because the environment is affected by an activity
is outside of the area, a draft programme of action
is established for the whole of the area where the disturbances affecting the
the ability to follow the norm.
The person making the proposal,
1. announcement in the local newspaper or otherwise give the
authorities, municipalities, associations, operators,
the public and other concerned of the action programme
opportunity for at least two months to comment on the
the proposal, and
2. in a special summary account comments and
how account is taken of them and submit the compilation to the
other documents in the case. Law (2010:882).
§ 5 an action programme referred to in paragraph 4 shall be established by the
Government or authority or municipality government
determines. If necessary, the Government may decide that a
action programmes shall be established by the authorities or
municipalities.
A programme of action to be adopted by a municipality shall
decided by the City Council.
The work programme shall be forwarded to the authorities
the Government determines.
With the municipality referred to in this clause also municipal unions.
Lag (2003:890).
section 6, an action programme may cover all the activities and all
measures that can affect the ability to follow
environmental quality standards.
The application shall contain
1. information on the environmental quality standards to be
be followed,
2. information on the measures taken by the authorities or municipalities
need to take to the environmental quality standards are to be followed, the
authorities or municipalities that need to take action and when
measures need to be implemented,
3. information on the requirements on improvments will be allocated between
different types of sources that influence the possibilities to follow
environmental quality standards and between the various measures referred to in 2,
4. in the case of measures to comply with an environmental quality standard
referred to in paragraph 2 1, information on improvement
that each of the measures are expected to bring and how measures
together are expected to contribute to the norm is followed,
5. the information otherwise required as a result of Sweden's
membership of the European Union, and
6. an analysis of program impacts from public and
single point of view and how measures under 2 are intended to
funded.
An action programme should be reviewed, if necessary, however at least every
sixth year. Law (2010:882).
section 7 of the Government may provide that certain action programmes shall
be considered by the Government.
The Government may announce further provisions concerning how
action programmes shall be drawn up, what such programs shall
contain and how consultations should take place. Lag (2003:890).
8 § public authorities and municipalities shall, within their areas of responsibility
take the necessary measures in accordance with a programme of
determined in accordance with section 5. Lag (2003:890).
Control
§ 9 the Government should, in conjunction with the regulations under section
notified, decide which ones to check that a
environmental quality standard is followed.
The Government or the authority that the Government may
provide for sampling and other methods to
make sure that an environmental quality standard is followed and approving
of measuring methods and measuring equipment. Law (2010:882).
Management of the quality of the aquatic environment
section 10 of the management of the quality of the aquatic environment,
Sweden's lands and coastal waters are divided into
1. The bothnian Bay Water District: the area of land from which all
surface run-off is made directly to, or in river basins
that flows into the Gulf of Bothnia,
2. Ground ocean water district: the area of land from which all
surface run-off is made directly to, or in river basins
that flows into the sea,
3. Northern Baltic Sea water district: the area of land from which
all surface run-off is made directly to or in
watersheds that flow into the South Sea of åland or Northern
Gotland's sea,
4. Southern Baltic Sea water district: the area of land from which
all surface run-off is made directly to or in
watersheds that flow into the Western sea, East of Gotland
Gotland's sea, Bornholmshavet, Arkonahavet and the sound, and
5. Västerhavets water district: the area of land from which all
surface run-off is made directly to, or in river basins
that flow into the North Sea.
In each river basin district includes the adjacent groundwater and
the adjoining coastal waters out to one nautical mile off the
the base line referred to in the Act (1966:374)
territorial waters.
With catchment area refers to a land from which all
surface run-off flows into the sea through a single outlet
or participate.
Surface water, groundwater, coastal water and Lands on the coast
that cannot be attributed to a particular river basin,
be attributed to the water district that is closest or
the most appropriate.
Government Announces rules on distinction between
water districts. For a distinction, a single
Basin attributed to other water districts than
follows from the first subparagraph, if it is appropriate to
administrative work. Act (2004:224).
section 11 of The County Administrative Board in each river basin district, shall be
Water Authority with responsibility for the management of the quality of
water environment in the district.
Government Announces rules on water authorities.
The Government or the authority that the Government may
provide for the characterization of water areas,
water district management plans and monitoring of
water environment and the regulations as otherwise required
management of the quality of the aquatic environment. Act (2004:224).
Chapter 6. Environmental impact assessments and other decision-making information
When it is required an environmental impact assessment
section 1 of The environmental impact assessment shall be included in an application for
permit to construct, operate or modify operations according to 9,
11 or 12. or according to the instructions given
with the support of the provisions of this chapter. Such a description
shall be also at tillåtlighetsprövning under Chapter 17. as well as the
in an application for a permit under Chapter 7. 28 a of.
The Government may provide that there shall be established a
EIA also in exemption cases or other
cases under this beam or according to rules that are
granted on the basis of the beam where needed in order to
assess the environmental impact. The Government may also provide for
exemption from the obligation referred to in the first subparagraph to establish
an environmental impact assessment of activities whose
environmental impact is likely to be less significant.
That an environmental impact study to be established when an
authority or municipality do an environmental assessment of a plan or
an application to the provisions of section 12. Act (2004:606).
2 § if necessary to assess the impact on the environment,
the Government may provide that it shall be a
environmental impact assessment
1. in cases under other law, which shows that the account
to human health or the environment shall be taken into account in the law
application,
2. in the specific cases of a different kind in the environmental area of the beam
than those referred to in paragraph 1.
In the case of the environmental impact assessment referred to in
the first subparagraph applies the provisions of this chapter, unless the
otherwise required by law.
Environmental impact assessments and environmental impact assessments of
activities and measures
3 § the purpose of an environmental impact assessment for a business
or action is to identify and describe the direct and
indirect effects such as the planned activities or
action may result partly on people, animals, plants, soil,
water, air, climate, landscape and cultural heritage, on the one hand, to
management of land, water and the physical environment in General,
on the other hand, on other housekeeping materials, raw materials and energy.
Furthermore, the aim is to allow an overall evaluation of these
effects on human health and the environment.
The purpose of an environmental impact assessment relating to a
activities referred to in the Act (1999:381) concerning measures to
control of major chemical accidents
is to identify and assess the factors in business
environment that may affect the safety of this. Act (2004:606).
4 §/expires U: 2016-05-01/
Anyone who intends to carry on business, or take a
measure shall consult
1. with the County Administrative Board, the supervisory authority and the individual who
likely to be especially affected, if the business or
the operation requires a permit or decision on admissibility under
this beam or according to regulations that have been issued with
support of the beam, or
2. with those set out in 1 and with the other governmental
authorities, the municipalities, the public and the organisations
likely to be affected, if
a) activity or measure as a result of regulations that
has been issued under section 4 (a), likely to have a
significant environmental effects,
(b)) the supervisory authority has submitted to the who intends to carry on
activity or take action to apply for a permit
referred to in Chapter 9. section 6 (a), or
c) activity or measure as a result of the County Administrative Board
decision pursuant to paragraph 5 of the second paragraph is likely to have a
significant environmental impact.
Consultation should be undertaken in good time and in the required scope
before an application for authorisation is made and the
environmental impact assessment required under paragraph 1 shall be established.
Consultation shall relate to the activity or action's location,
scope, design and environmental impact as well as
environmental impact assessment descriptors content and design.
Before the consultation for the person who intends to operate
or take action to provide information on the planned
business or location, scope of the measure and
design and its anticipated impact on the environment. The data
must be submitted to the County Board, the supervisory authority and the
individuals particularly affected.
It is said in the first to third paragraphs also applies to cases
for which an EIA is required under section
second paragraph. Team (2013:758).
4 section/entry into force: 2016-05-01/
Anyone who intends to carry on a business or to take action shall consult
1. with the County Administrative Board, the supervisory authority and the individual likely to be especially affected, if the activity or operation requires a permit or decision on admissibility under this beam or according to regulations that have been issued with the support of the beam, or 2. with those set out in 1 and with other government agencies, municipalities, members of the public and organizations likely to be affected, if
a) activity or measure as a result of regulations that have been issued under section 4 (b) shall be presumed to have significant effects on the environment, b) the supervisory authority has submitted to the who intends to conduct business or to take action to apply for a permit referred to in Chapter 9. 6 section, or c) activity or measure as a result of the County Administrative Board's decision pursuant to paragraph 5 of the second paragraph shall be presumed to have significant effects on the environment.
Consultation should be undertaken in good time and in the necessary extent before an application for authorisation is made and the environmental impact assessment required under paragraph 1 shall be established.
Consultation shall relate to the activity or action's location, scope, design and environmental impact and environmental impact descriptors content and design.
Before the consultation for the person who intends to conduct business or to take action to provide information on the planned operations or measure the location, scope and design, and its anticipated impact on the environment. The data shall be submitted to the County Board, the supervisory authority and the individual that particularly affected.
It is said in the first to third paragraphs also applies to matters for which an EIA is required under paragraph 1 second subparagraph. Law (2016:341).
4 a of If a consultation under paragraph 4 refers to a business or
action covered by the Act (1999:381) concerning measures to
the control of major-
chemical accidents,
1. the consultation also relate to how serious chemical accidents to
as a result of the operation or measure shall be prevented and
is limited, and
2. the information provided before the consultation under the third
subparagraph shall contain a statement that the business or
the action covered by the Act. Regulation (2015:232).
4 b of the Government may provide for some kind of
activities and measures are likely to have a significant
the impact on the environment. Law (2015:232).
paragraph 5 of the provincial Government shall in consultation pursuant to section 4 of the Act to
the impact on the environment, the focus and
extent necessary for the granting of permits.
If the County Board finds that an activity or action is not
subject to paragraph 4 (2) (a) or (b), to the County Board
during the consultation, examine if the activities or the operation nevertheless
likely to have a significant environmental impact. The County Board shall
decide on the issue since it was designed to operate
or take the action given the supervisory authority and the individual
likely to be especially interested an opportunity to be heard.
The decision may not be appealed. Law (2009:652).
section 6, If an operation or measure likely to have
significant effects on the environment in another country, the responsible
authority that the Government inform the country's
responsible authority if the planned activities or
the operation and provide the State concerned and the public affected
where the opportunity to participate in a consultation process on the application and
the environmental impact assessment.
Such information shall also be provided if another State which may
likely to be exposed to a significant environmental impact.
section 7 of the environmental impact assessment shall, to the extent
needed with respect to business or the type and
extent, contain the information needed to fulfil the
the aim referred to in paragraph 3.
If the operation or action covered by the obligation of consultation in
4 paragraph 2, to the environmental impact assessment is always
contain
1. a description of the operation or measure with
information on the location, nature and extent;
2. a description of the measures planned to
adverse effects are to be avoided, reduced or remedied and
how it should be avoided that the activity or operation involved
to an environmental quality standard referred to in Chapter 5. are not followed,
3. the information required to detect and assess the
main effects on human health, the environment and
management of land and water, and other resources
the business or operation is likely to have,
4. a statement of alternative sites, if such is
possible, as well as alternative designs along with a
justification why a particular option is selected, a
description of the consequences of the activity or
the measure will not come into being, and
5. a non-technical summary of the information specified in
1-4.
When an environmental impact statement shall present alternative
designs in accordance with the second subparagraph 4, the County Administrative Board, in
the framework of the consultation procedure, on the other
comparable ways to achieve the same purpose.
Of activities or measures which are likely to affect the environment
in a natural area which have been listed under Chapter 7. paragraph 27 of the first
paragraph 1 or 2, an environmental impact assessment is always
contain the information necessary for the examination in accordance with Chapter 7.
28 (b) and section 29 of the Act. If the environmental impact assessment has been prepared
solely for the purpose of a review under Chapter 7. 28 (b), 29 paragraphs, needs
the description may contain only the data needed for the
trial. Law (2010:882).
section 8 When an environmental impact assessment has been prepared in the course of proceedings
or the case of environmentally dangerous activities or water operations,
This shall be published together with the notice of application
According to chapter 19. section 4 and Chapter 22. section 3. If a
environmental impact assessment has been prepared in any other case
or matter concerning an activity or action which is likely to
to have significant effects on the environment, this should be published. Has
an application was made to the proclamation be carried out together with
the notice of application. Thereafter, the application and
the environmental impact assessment shall be made available to
the public, who shall be given the opportunity to submit observations on
before the goal, or the case is tried.
When a judgment or decision of the case or matter shall
This will be published. At the same time shall also be published how the public
can access information about the content. Furthermore,
the competent authority of the State with which the consultations were held
According to section 6 of the informed.
When an environmental impact assessment has been prepared solely for the purpose of a
review under Chapter 7. 28 (b), 29 paragraphs, or when a decision
are limited to such a review, as specified in the first
and second subparagraphs of this paragraph applicable in the
extent necessary for examination or, if it is
appropriate, to the public shall have access to
information about the content. Law (2001:437).
§ 9 the authority shall examine the application in an objective or
a case that requires an environmental impact assessment for a
activity or measure shall, by means of a specific decision or in the
connection with the outcome of the case or the case take a stand
If the environmental impact assessment complies with the requirements of this
Chapter. Such a position may not be appealed
in particular, but only in connection with that decision in proceedings
or the case is appealed.
In the examination of the application, the Agency shall take into account the contents of the
environmental impact assessment and the result of consultation and
opinions under 4, 4A, 6 and 8 sections. Regulation (2015:232).
section 10 A of the environmental impact of an activity or
measure and the procedure when the environmental impact assessment will be
out shall be borne by the person who made the request referred to in paragraph 1 of the
or otherwise, is required to establish
the environmental impact assessment. Act (2005:571).
Environmental assessments and environmental impact assessments of plans and
software
section 11 When an authority or municipality establishes or modifies a
plan or programme, as required by law or other
Constitution, the authority or municipality do a
environmental assessment of the plan, programme or change, if its
implementation is likely to have a significant environmental impact.
The purpose of the environmental assessment is to integrate environmental aspects into
the plan or program so that sustainable development should be promoted.
The Government may provide for the types of plans and
software that is always likely to have a significant environmental impact
and if exemption from the requirement of environmental assessment. The Government may
also provide for consultation in connection with the assessment
of a plan, a program or a change is likely to have
a significant environmental impact. Act (2004:606).
section 12 in the context of an environmental assessment in accordance with section 11 shall
authority or municipality set up a
environmental impact assessment where significant environmental impacts
implementation of the plan or programme is likely to have
are identified, described and assessed. Reasonable option with
into account the purpose of the plan or programme and geographical
application shall be identified, described and assessed.
The environmental impact assessment shall include
1. a summary of the content of the plan or programme,
its main purpose and relationship with other relevant
plans and programmes,
2. a description of the likely environmental conditions and environment
development of the plan, programme or change does not
are implemented,
3. a description of the environmental conditions in the areas that can
likely to be significantly affected,
4. a description of the relevant existing environmental problems
connection with such natural area as referred to in Chapter 7. or a
Another area of particular importance to the environment,
5. a description of how the relevant environmental quality objectives and other
environmental considerations are taken into account in the plan or programme,
6. a description of the significant environmental effects which are likely to
occur with respect to biodiversity, population,
human health, fauna, flora, soil, water, air,
climatic factors, material assets, landscapes, settlements,
ancient and cultural monuments and other cultural heritage as well as the mutual
the relationship between these environmental aspects,
7. a description of the measures planned to
prevent, hinder or prevent significant negative
environmental impact,
8. a summary of how the assessment was made,
the reasons behind made choices of different options and
any problems in connection with the data
was compiled,
9. Description of the measures planned for monitoring
and monitoring of the significant environmental impacts
the implementation of the plan or programme, and
10. a non-technical summary of the information specified in
1-9. Act (2004:606).
paragraph 13 of The environmental impact assessment referred to in section 12 shall contain
the information is reasonable taking into account the
1. assessment methods and up-to-date knowledge,
2. content of the plan or programme and the level of detail,
3. was in a decision-making process which the plan or programme
is,
4. some questions can be judged better in connection with
examination of other plans and programmes or in
the granting of permits of activities or measures, and
5. the public interest.
Before an authority or municipality determines the scope and
level of detail of the environmental impact assessment,
authority or municipality shall consult with the municipalities
and county councils affected by the plan or programme. For
plans and programmes at the national level should consultation instead occur
with the environmental protection agency, marine and water and other
the relevant government authorities. Law (2012:905).
section 14 of the authority or municipality which established a
environmental impact assessment referred to in section 12 shall do it and
the draft plan or programme available to interested
municipalities and Government agencies as well as the general public. These shall be given
reasonable time to comment. Act (2004:606).
section 15 If an environmental impact assessment in accordance with section 12 relates to a plan
or a program whose implementation is likely to have a
significant effects on the environment in another country, the authority
as the Government decides to send the description and proposal for
plan or programme to the State concerned. Such information
shall also be provided if another State likely to be exposed
for a significant environmental impact.
If the State concerned so request, consultations shall take place in respect of the
cross-border environmental impact that implementation of the plan
or the program is likely to have and the measures planned
to prevent, impede or prevent significant negative
the impact on the environment. Act (2004:606).
section 16 If an environmental assessment is required under section 11, the
environmental impact assessment referred to in section 12 and the comments
from consultations pursuant to paragraphs 14 and 15 should be taken into account before the plan or
the program is adopted, or is added to the basis for settlement.
When the plan or programme is adopted, the determining
authority, or local authority in a special compilation
account
1. how environmental considerations have been integrated into the plan or
the program,
2. how the environmental impact assessment and feedback from consultations
have been taken into account,
3. reasons for the plan or programme is adopted in
rather than the options that have been the subject of exchanges of views,
and
4. the measures referred to must be taken to follow up and
monitoring of the significant environmental impacts that the implementation
of the plan or programme.
Authority or municipality shall inform the affected municipalities and
authorities, the public and the States referred to in section 15, if
to the plan or programme is adopted, and
the compilation and the plan or program available for
them. Law (2012:905).
section 17 of the Government may provide for how the consultation and
information according to § 14-16. Act (2004:606).
section 18 When a plan or programme is adopted, the
determining authority or municipality to acquire knowledge about the
significant environmental impacts of the plan or programme
implementation actually entails. This must be done to
authority or municipality early to have knowledge of such
significant environmental effects that were previously not identified so that
appropriate remedial actions can be taken. Act (2004:606).
Plans and planning documents
section 19 of each authority shall apply this beam shall ensure
that such plans under the planning and building Act (2010:900) and
such planning is needed to shed light on questions about
management of land and water are available in the target
or the case. The authority shall ensure that such
decided action programmes and management plans referred to in
Chapter 5. and relevant to the trial are available
in the case or matter.
If the authority requests it, the municipality is required to
provide plans pursuant to the planning and building Act and the
the planning basis for these. Law (2010:902).
section 20 of the County Board shall assemble the investigations, programs and
other planning documents that are relevant to the management
with land and water in the County and held by State
authorities. The County Administrative Board is obliged, upon request
provide such planning for municipalities and
authorities shall use this beam and to the one who is
required to establish an environmental impact assessment.
Act (2004:606).
section 21 of the Government may, in a given case may decide that one or
several municipalities shall account to the Government or any other
authority how the municipality or municipalities in their planning according to
the planning and building Act (2010:900) intends to
1. implement a programme of action in accordance with Chapter 5. section 5 or on the
otherwise create conditions to environmental quality standards
According to Chapter 5. compliance, and
2. meet an interest relating to the management of land and
water in accordance with 3 and 4.
State agencies shall report to the Government on the
arises the need of such a report. Law (2010:902).
Coordination
section 22 government agencies and municipalities shall endeavour to coordinate
work with the assessments and descriptions that are made according to
the provisions of this chapter. Act (2004:606).
OTHER DEPARTMENT
PROTECTION OF NATURE
Chapter 7. Protection of areas
Right, etc.
(1) anyone who exploits public right or otherwise allowed
in nature shall show consideration and care in its relations with
it.
National Park
section 2 of A land or water area belonging to the State, after
the Riksdag's consent by the Government declared National Park
in order to preserve a larger contiguous area of particular
landscape type in its natural state or in essential
the unaltered state.
section 3 of the regulations relating to the care and management of national parks and
If the restrictions on the use of land or water within
national parks must be notified by the Government or the authority
as the Government determines.
Nature reserve
4 of A land or water area, by the County Administrative Board or
the municipality declared nature reserves in order to preserve
biological diversity, nurturing and conserving valuable natural environments
or meet the needs of areas for outdoor recreation.
An area that is needed to protect, restore or regenerate
valuable natural habitats or the habitats of protected species
may also be explained as a nature reserve.
paragraph 5 of the decision to form the nature reserve shall state the reasons for
the decision stated.
The decision shall also set out the restrictions on the right to
use of land and water as necessary to achieve the aim of
with the reserve, such as the prohibition of the development, the construction of
fencing, storage areas, excavation, supply, cultivation, trenching,
planting, harvesting, hunting, fishing and the use of
pesticides. A restriction may mean that access
the area is prohibited during all or part of the year.
If it later turns out to be new reasons or needed
additional restrictions to achieve the objective of the protection;
get the County Administrative Board or the municipality announce decision on this.
section 6, if necessary, to meet the objective of a
nature reserve, the County Administrative Board or the municipality order owner
and holders of special rights to property to withstand such
infringement in the area
1. built roads, parking lots, hiking trails,
cabins, tent sites, swimming areas, sanitary facilities
or similar devices,
2. prepare access to land for the general public which the public
otherwise, do not have the right to stay,
3. performed screening, cleaning, mowing, planting, grazing,
cordoning off or similar measures, or
4. carried out surveys of animal and plant species as well as of
soil and water conditions.
section 7 of the County Administrative Board or the municipality may wholly or partly rescind
decisions which it has informed according to 4-6 sections, if there are
serious reasons.
The County Administrative Board or the municipality may provide an exemption from
regulations which it has announced for a nature reserve, if it
There are special reasons. A decision on the exemption expires,
If the measure referred to by the exemption has not been commenced within
two years or completed within five years from the date of the decision
became final.
The Government's permission is needed in some cases before the
decided on the cancellation or waiver of such special
protected area or special conservation area specified in paragraph 28 of the
to the provisions of section 29.
Decision concerning the suspension or exemption may be notified only if
infringement of the natural value compensated within a reasonable extent on
the nature reserve or on any other area.
paragraph 8 of the Decision of questions on the establishment or modification of
nature reserve must not conflict with a detailed plan or
District rules under the planning and building Act (2010:900). Small
derogations may be made, if the purpose of the plan or
the provisions do not be discouraged. Law (2010:902).
Cultural reserve
§ 9 A land or water area may be declared as
cultural heritage in order to preserve valuable cultural
landscape. In such an area, the provisions of §§ 4-6
applied. That it is in an area, there is a building or
facility that is protected as a listed building, Church
cultural memory or ancient monument under the cultural heritage Act
(1988:950) does not mean that the area is declared as
cultural reserves.
In the case of a decision under this clause also applies to 7 and
8 §§. Team (2013:549).
Natural memory
section 10 a distinctive natural objects, by the County Administrative Board or
the municipality is explained as natural memory, if it needs to be protected or
cared for in particular. The Declaration must also include the area of the
the land that is required to preserve the natural object and give it
the required space.
What's in the 5-8 § § provides for nature reserve shall also apply
for natural monuments.
Habitat protection area
section 11 of the Government may, in the case of small land or water areas
who, because of their special characteristics are valuable
habitats for threatened animal or plant species or as otherwise
is particularly worthy of protection provide for
1. that all readily recognizable areas of a given type of
country or part of country shall constitute
Habitat protection areas, and
2. to an authority or municipality in the individual case,
deciding that an area will form a habitat protection area.
Within a habitat protection area shall not engage
activities or take any action that may harm the natural environment.
If there are special reasons, may waiver from the ban is given in
the individual case. A question of dispensation shall be examined by the
authority that the Government decides, if the exemption relates to an
area referred to in the first subparagraph 1, and in other cases by the
authority or municipality that have formed the Habitat protection area.
The measures that are needed to nurture a habitat protection area
may be taken by the municipality, if the area has been formed, and in
ask about other areas of the body that the Government
determines. Before an action is taken for the person who owns or has
particular the right to be informed in particular area.
A decision as referred to in the first subparagraph 2 shall apply immediately
even if it is appealed. Law (2009:1322).
11 a § Within a habitat protection area pursuant to section 11, first subparagraph
1 apply the prohibitions provided for in paragraph 11 of the second paragraph is not the construction of
public road or rail in accordance with an established vägplan under
Traffic Act (1971:948) or a fixed rail plan under
Act (1995:1649) on the construction of the railway. Law (2012:441).
11 (b) § When a question of an exemption under section 11, second subparagraph
plans, as part of a habitat protection area pursuant to section 11 of the first
Sub-paragraph 1 take an action that would make it easier for agriculture,
It is considered to be special reasons for an exemption if
1. action is needed to develop or maintain a
active use of agricultural land, and
2. Habitat protection objectives can still be met with
account of the presence of the same type of habitat protection area
or with respect to the natural values of the Habitat protection area
as the exemption relates, and the natural values that
Habitat protection area contributes to the landscape. Law (2014:889).
Animal and plant health area
section 12 if in addition to the prohibitions in accordance with Chapter 8. 1 and 2 sections or prohibition
and limitations according to the hunting and fishing legislation is needed
special protection for an animal or plant species within a particular
area, the County Administrative Board or the municipality provide
which restricts the right to hunt or fishing or public
or the landowner's right to reside in the area.
Beach conservation area
paragraph 13 of the shore protection force at sea and on inland waters and
rivers.
Beach protection aims at long-term
1. ensure the conditions for the right of legal access
to the beach areas, and
2. maintain good living conditions for animal and plant life on land
and in the water. Law (2009:532).
section 14 of the Beach protection includes land and water area adjacent to the
100 metres from the shoreline at normal medium water level
(Beach area).
The County Board may in each case decide to extend
Beach protection zone to no more than 300 metres from the shoreline,
If necessary to ensure something of beach protection
purposes.
A decision to extend the shoreline area shall apply
immediately even if it is appealed. Law (2009:532).
section 15 Within a beach protection area shall not
1. new buildings constructed,
2. buildings or buildings ' use changes or other
installations or devices carried out, if it prevents or
stop the public from entering an area where the
otherwise would have had to travel freely,
3. excavation work or other preparatory work be carried out
for buildings, installations or equipment referred to in 1
and 2, or
4. measures should be taken that materially alters the lives of
animal or plant species. Law (2009:532).
section 16 of the prohibitions in section 15 does not apply
1. buildings, structures, equipment or measures
not intend to cater for housing purposes, if they are needed for
Agriculture, fishing, forestry or reindeer herding and those for
its function must exist or be taken in
Beach protection,
2. activities or measures that have been allowed by
the Government under Chapter 17. 1, 3 or 4 sections, or covered
of a permit under this beam or according to regulations
delivered with the support of the beam, or
3. construction of a public road or railway according to a fixed
vägplan under the traffic Act (1971:948) or a specified
railway plan under the Act (1995:1649) on the construction of the railway.
Law (2012:441).
section 17 of the Government or the authority, as the Government determines
may provide that the prohibitions in section 15 should not be
apply additional measures to a main building taken
1. within 15 metres from the main building but no closer
the shoreline than 25 metres, and
2. within a plot point that is specified in a decision to grant a derogation.
Law (2009:532).
section 18 of the provincial government, in each case decide to
suspend the beach protection in an area, if
1. it is clear that the area is irrelevant to
meet the beach protection purposes,
2. beach protection applies at a small lake or a small
rivers and the area's importance to meet the
Beach protection purposes is small, or
3. the area under the planning and building Act (2010:900) means that
covered by a detailed plan and
a) needed for the construction of a defence establishment, public road
or rail, or
(b)) is protected under other provisions of this chapter than
the provisions on environmental protection area or water protection area
and protection adopted by someone other than a municipality.
A waiver as referred to in the first subparagraph 2 may only be made if
the Lake's water surface area has a size that is about a
hectare or less, or if the river width is about
two meters or narrower. A waiver as referred to in the first subparagraph
3 may only be made if there are special reasons and interest
by taking the area of the claim within the meaning of the plan
outweigh the beach skyddsintresset.
Provisions on the municipality's opportunities to lift
Beach protection through a provision in a plan, see 4
Cape. section 17 of the planning and building Act. Law (2014:892).
18 a of the County Board may, in the particular case waive
the prohibitions in section 15, if there are special reasons and exemption
refers to the
1. the construction of a fortification, a public road or
rail, or
2. an area protected under other provisions of this
Chapter than the provisions on environmental protection area or
water protection areas and protection adopted by someone other than the
a municipality. Law (2011:392).
paragraph 18 (b) the municipality may, in the particular case waive
the prohibitions in section 15, if there are special reasons and exemption
intends anything other than those mentioned in paragraph 18 (a) 1 and 2.
Law (2009:532).
18 c § special reasons when considering a question of
suspension of or exemption from the beach protection must take into account
only if the area that the suspension or derogation relating to
1. has already been used in a way that makes it
is irrelevant for beach protection purposes,
2. by a road, railway, building, operations or other
exploitation is well separated from the area closest to
the shoreline,
3. necessary for a plant of their function must be
on the waterfront and the need cannot be met from outside the region,
4. needed to extend an ongoing business and
enlargement cannot be implemented outside of the area,
5. need to be mobilised to meet an urgent
general interest which cannot be met from outside the region,
or
6. need to be mobilised to meet another very
urgent interest.
In paragraph 18 (d) provides for what one may take into account that
specific reasons in addition to that referred to in the first subparagraph, if the
the case of one such area for rural development
in the near-shore locations referred to in § 18 e. Law (2009:532).
18 d § special reasons when considering a question of
suspension of or exemption from the beach protection in a
area for rural development in the near-shore locations to get
also consider if the location of a building,
business, establishment or measure contributing to the development
of rural areas. If the case of a dispensation to
construction of single-or two-dwelling buildings with associated
complement buildings and other measures may be
consider if the House or houses intended to be erected in connection
to an existing residential buildings. Law (2009:532).
18 e § With area for rural development in the near-shore locations
for the purposes of section 18 (d), an area
1. is appropriate for the development of rural areas,
2. are such and have such a limited scope
that beach protection objectives still be met in the long term,
3. only has a small importance to meet the
Beach protection purposes,
(a)) in or near urban areas,
(b)) in a coastal or coastal islet area from Fa to
Klockestrand at the river or from the Magpie promontory at
Näskefjärden to the border with Finland,
c) on Gotland, or
d) by Lake Vänern, Vättern, Mälaren, Siljan, Lake, treasure the kid,
Oresjön or Oreälven between Lake and Treasure the kid, if it
There is great demand for land for settlements in the area, and
4. is not a coastal or coastal islet area from the border
against Norway to Fa, along the coast of Öland, or in
Ångermanland from klockestrand at the River to
Magpie promontory at Näskefjärden.
A master plan pursuant to Chapter 3. section 1 the planning and building Act
(2010:900) to provide guidance in determining whether a site
located within an area referred to in the first subparagraph.
The master plan is not binding. Regulation (2011:393).
paragraph 18 (f) a decision to suspend or waive
Beach protection should not cover an area that needed to
between the shoreline and the buildings or facilities
ensure free passage for the general public and maintain good
living conditions for animals and plant life. This does not apply if a
such use of the area closest to the shoreline is impossible
with regard to the planned buildings or
plants with this function.
Of an exemption decision shall specify the extent to which the mark
may be used as blank or otherwise used for the
intended purpose. Law (2009:532).
18 g § in the case of shore protection that has been suspended for an area
through a provision in a plan under the planning and building Act
(2010:900) or for an area that is intended to be covered by
a detailed plan or area regulations according to the same law applies
Beach protection again, if
1. the area ceases to be subject to the zoning plan or
field-specific provisions, or
2. detailed plan or area regulations is replaced with a new
detailed plan. Law (2010:902).
18 h § A dispensation from shore protection will expire if the
action that the exemption is not started within two years
or has not been completed within five years from the date of
the derogation decision became final. Law (2009:532).
Environmental protection area
section 19 of A larger land-or water provided by the Government
explained that environmental protection area, if it requires special
regulations due to the area or a part of the area is
exposed to pollution or otherwise means that one
environmental quality standard is not followed. Law (2010:882).
section 20 of the environmental protection area, the Government or after
the Government's authorizing the County Government announce such
regulations on protective measures, constraints and other
precautions for activities in the area as needed
to meet the purpose of the area. The County Board may provide
exemptions from the rules given for a
environmental protection area, if there are special reasons.
In Chapter 10. There are special provisions on environmental risk areas.
Water protection area
section 21 of A land or water area, by the County Administrative Board or
the municipality explained that water protection area to protect a
Basic or ytvattentillgång being used or expected to be
be utilised for water source.
section 22 Of a water protection area, the County Administrative Board or
the municipality of notify such provisions on restrictions on the
to dispose of real estate in the area is needed to
meet the purpose of the area. If necessary, the County Administrative Board
or the municipality may provide that signs or fences shall
be set up and that the land may be used for this.
Regulations shall apply immediately, even if the appeal.
The County Administrative Board or the municipality may provide an exemption from
regulations which it has announced for a water protection area,
If there are special reasons.
The State Provincial Office may assign to it, or the municipal councils
which shall carry out the tasks of the municipality in the environment and
health protection zone that at the request of the concerned by a
decision referred to in the first subparagraph may grant a derogation from the decision.
Furthermore, it may be determined that notification of an activity, or
action within a water protection area shall be made to the
Municipal Board. Law (2002:175).
Marine scientific research
section 23 to protect the marine environment, the Government or the
authority that the Government provide that
marine scientific research within Swedish territorial waters not
research may be carried out by vessels registered in or
belongs to another State without the consent of
research or that it has been notified.
Permission may be limited to specific time and be subject to conditions.
Interim prohibition
section 24 when an issue is brought to an area or a
objects shall be protected as nature reserves, cultural reserve,
natural heritage or water protection areas or to an already
protected area or object shall be extended protection,
the County Administrative Board or the municipality for some time but not more than three years
announce ban on such measures are applied without permission
affecting the area or subject-matter and contrary to the purpose of the
with the intended protection. If there are special reasons,
the ban should be extended to apply in no more than one year. If the
There are serious reasons, may ban be renewed to
be valid for no more than one year.
The prohibition referred to in the first subparagraph shall apply immediately even if
It appealed.
Interest assessment
section 25 in the examination of questions relating to the protection of areas under this
Chapter, account is also taken of the individual interests. A
restriction of the individual's right to use the land or water
based on the safeguard clause in the chapter must not go
longer than necessary for the purpose of protection shall
catered.
section 26 Exemption under any of the provisions of 7, 9-11, a-18
18, 20 and 22 sections from bans or other regulations
issued pursuant to this chapter may be given only if it is
consistent with the prohibition or its purpose.
Law (2009:532).
Special protected areas
paragraph 27 of the Government or the authority, as the Government determines
to continuously maintain a list of natural areas that should
protected or is protected
1. as special protection areas pursuant to Directive of the European Parliament and of
Council directive 2009/147/EC of 30 november 2009 on the
conservation of wild birds,
2. as special areas of conservation pursuant to Council directive
92/43/EEC of 21 May 1992 on the conservation of natural habitats and of
wild animals and plants, as last amended by Directive
2006/105/EC, or
3. According to international obligations or national targets if
protection of natural areas.
The list shall indicate what reasoned that a
area has been included in the list and under which
directive, international commitment or national targets
the listing has taken place.
An area included in the list shall be given priority in the
the continued protection. Law (2012:748).
section 28 of the Government may declare a natural area that is particularly
protection area if the area under Directive 2009/147/EC is
particularly important for the protection of wild birds.
An area referred to in article 4(4) of Directive 92/43/EEC on the
the conservation of natural habitats and of wild fauna and flora, as last
amended by Council Directive 2006/105/EC, has been selected as a
area of interest for the Union, the Government explained that
special area of conservation.
The Government may, after consulting the Commission, revoke a
declaration under the first or second paragraph, if the area's
natural values no longer justifies such an explanation.
Law (2012:748).
28 a of the permit is required to carry out activities or take
measures that can significantly affect the environment in a
nature reserve listed under paragraph 27 1
or 2.
Conditions referred to in the first subparagraph are not required for operations and
measures directly connected with or necessary to the
the management of the area concerned.
Law (2001:437).
28 b of the permit under section 28 may be granted only if the
business or operation alone or in conjunction with other
current or planned activities or measures not
1. can damage the habitats or the habitats in the area
intended to be protected,
2. the art or the species to be protected
subjected to a condition that can significantly complicate the
conservation in the area of the species or species.
Law (2001:437).
section 29 notwithstanding the provisions of section 28 (b) is authorized under section 28
provided, if
1. in the absence of alternative solutions,
2. the activities or operation must be carried out for imperative
reasons of overriding public interest and
3. the measures that are needed to compensate for
lost environmental values so that the purpose of protecting the
the area can still be met.
A decision on the State by virtue of the first subparagraph may be provided
only after the Government's permission. Law (2001:437).
29 a of If a State left after the Government's permission
According to section 29, is the applicant for the permit required to
pay for the compensatory measures referred to in the decision
State.
The first paragraph is valid to the extent that it cannot be regarded as
unreasonable to require the applicant to bear the costs. At
the balance shall be taken into account in particular the public interest referred to
in section 29, first paragraph 2. Law (2001:437).
29 b of questions about authorization under section 28 must be examined by the
the County Administrative Board in the county where the area concerned is located.
For an activity or action covered by licence
or exemption examination as a result of the provisions of Chapter 9.
or 11-15. However, the issue of a permit under section 28
be reviewed by the authority hearing the other permit issue
or exemption. Before the authority makes its decision, it shall
the County Administrative Board of Directors referred to in the first subparagraph shall be given the opportunity
to be heard. Law (2001:437).
Police regulations
section 30 of the regulations on the right to travel and stay in a
area protected under this chapter and the order in
Moreover, in the field, announced by the Government or the
authority that the Government decides, if necessary, to
meet the objective of protection. In cases where the municipality decides on
protection of an area, it may notify such provisions.
Regulations shall apply immediately, even if the appeal.
repealed by law 31 (2009:532).
Protection of areas in Sweden's economic zone
32 provisions of this § balk if such special protected
areas referred to in section 27, first paragraph 1 and 2 shall apply
even in Sweden's economic zone. If such a field exists in the
the exclusive economic zone, as in paragraph 29 (b) of the said
If the County Board shall apply the County Administrative Board in the county where the Swedish
territorial waters are closest to the area concerned.
Provisions on account of the principles of international law, see
section 10 of the Act (1992:1140) for Sweden's economic zone.
Law (2008:831).
Chapter 8. Special rules relating to the protection of animal and plant species
section 1 of the regulations on the ban within the country or part of country
kill, injure, capture or disturb wild animals, or to take
delete or damage such animal eggs, rum or nests or to
damage or destroy such animal breeding grounds and
resting sites may be notified by the Government or authority
the Government determines. Such regulations shall be notified, if it
There is a risk that a feral animal species may be
disappear or be subjected to looting or if required
to comply with Sweden's international obligations for the protection of a
such a nature. The prohibition shall not apply to the cases where such an animal
must be killed, injured, caught or disturbed to defense against
attacks on personal or valuable property.
Specific provisions apply to kill or capture wildlife
live animals of certain species, when the action is to be attributed to hunting
or fishing. Law (2001:437).
section 2 of the regulations on the ban within the country or part of country
remove, damage or take seeds or other parts from Feral
plants may be notified by the Government or authority
the Government determines. Such regulations shall be notified, if it
There is a risk that a feral species may be
disappear or be subjected to looting or if required
to comply with Sweden's international obligations for the protection of a
such a nature.
3 § to protect feral animal or plant species or
the natural environment, the Government or the authority that the Government
determines provide for prohibitions or special
conditions for putting out copies of animal or plant species in
the natural environment.
This does not apply when such provisions are found in other teams.
In chapter 13. There are special provisions on genetically modified
organisms.
4 § to protect feral animal or plant species may
the Government or the authority that the Government notify
regulations on entry and exit, transport, storage,
preparation and performance of animals and plants or trade with
them. Such provisions shall be notified, if necessary, to
meet Sweden's international commitments in the field or by
other reasons. Regulations may also regulate the corresponding
dealings in eggs, rum or nests or with other products
have been extracted from animals or plants.
The regulations may include prohibitions or requirements for authorisation
or other specific conditions for such measures referred to in
the first paragraph.
section 5 of the Regulations or decisions in individual cases under this
Chapter shall apply immediately, even if the appeal.
THE THIRD CHAMBER
SPECIAL PROVISIONS FOR CERTAIN ACTIVITIES
Chapter 9. Environmentally hazardous activities and health protection
Definitions
1 § With environmentally hazardous activities referred to
1. sewage discharges, solids or gas from the ground,
buildings or facilities in the land, waters or
groundwater,
2. the use of land, buildings or installations in a way
that could cause inconvenience to human health or the environment
by other emissions than referred to in 1 or by contamination of the
land, air, water bodies or groundwater, or
3. the use of land, buildings or installations in a way
which may cause nuisance to the environment through noise,
shake, light, ionising and non-ionising radiation
or other similar.
for the purposes Of paragraph 2 of the waste water
1. spill water or any other liquid filth,
2. water used for cooling,
3. water is diverted for such drainage of land within
detail plan that is not made for a particular or specific buildings
Bill, or
4. water is diverted for dewatering of a cemetery.
3 section With nuisance for human health referred to interference
According to medical or hygienic assessment can affect the health
harmful and not call or just temporary.
General provisions for environmentally hazardous activities and health protection
section 4 If there are special reasons with regard to the protection of
human health or the environment, the Government of a specific part
of the country regulate or decision prohibiting
1. place the wastewater, solids or gas from the ground,
buildings or facilities, or
2. add up solids.
This applies if such activity can lead to
waters, soil or groundwater can be contaminated or
otherwise be affected adversely.
§ 5 in order to protect human health or the environment,
the Government, if it seems more appropriate than decision in
individual cases, in cases other than those referred to in section 4 in relation to
environmentally dangerous activities provide for the prohibition,
protection measures, restrictions and other precautions.
Such regulations shall also be notified to fulfill
Sweden's international obligations. If there are particular
reasons, the Government may authorize an agency to notify such
regulations.
If necessary, the Government may provide for such
precautions that go beyond what follows from the Swedish
membership of the European Union or other international
commitments.
Authorisation and notification requirements for environmentally hazardous activities
section 6 of the Government may provide for it to be
prohibited without permission or prior notification has been made
1. construct or operate certain kinds of factories, other
establishments or other environmentally hazardous activities,
2. releasing waste water into water or the ground;
groundwater,
3. drop out or put up solid waste or other solid
topics, this may lead to soil, water or
groundwater can be contaminated, or
4. conduct such environmentally hazardous activities referred to in 1 to 3, if
the changes with respect to the manufacturing process,
the purification procedure, or in any other way. Law (2012:907).
6 a section even if the licence does not comply with the rules
has been notified under section 6, the supervisory authority may decide
to submit to an operator to apply for permission,
If the activities involve the risk of substantial pollution or
other significant inconvenience to human health or the environment.
Law (2012:907).
6 b of The who conducts or intends to conduct an environmental hazard
activities may apply for permission to do business according to
this beam while not required permits. Law (2012:907).
6 c § a notifiable activities may commence no sooner than
six weeks after the notification has been made, if not
the supervisory authority decides otherwise. Law (2012:907).
6 d § Government may provide for
1. obligation for the supervisor to notify such
the submissions referred to in paragraph 6 (a), and
2. what to apply for modification of an activity covered
of a permit referred to in paragraph 6 (b) or who have ceased to
be licensable but carried out with the support of a State
under this chapter. Law (2012:907).
6 e § Permission to quarry may be given only if it
fulfilment of the conditions of the permit
set security according to Chapter 16. section 3. The State, municipalities,
County Councils and local authorities need not ask
Security. Law (2012:907).
paragraph 6 (f) If a supply of natural gas requires a permit or
notification under this chapter or the regulations
issued pursuant to this chapter, the quarry did not come to
about if
1. having regard to the intended use is
technically possible and economically viable to use a
other materials,
2. natural gravel presence is important to the current
or future drinking water supply and quarry,
lead to a deterioration of the water supply, or
3. natural gravel presence constitutes a valuable natural or
cultural environment. Law (2012:907).
6 g § If an extracting peat requires a permit or registration
under this chapter or the regulations issued
with the backing of the chapter, the quarry did not come about in a
wetland that forms a valuable natural and cultural environment.
Law (2012:907).
6 h section For the examination of an application for a licence for the supply of
topsoil will need farming bar agricultural land should be taken into account.
Law (2012:907).
section 7 of the waste water should be diverted and treated or taken care of
any other way so that inconvenience to human health or the
the environment does not occur. For this purpose, the appropriate
sewage facilities or other facilities to be carried out.
The Government may provide that it shall be prohibited to without
permission or prior notification has been made to establish or change
such waste facilities or other facilities.
The Government may transfer to the municipalities to provide
in accordance with the second subparagraph.
section 8 application for environmentally hazardous activities be reviewed by
land and Environment Court.
The Government may provide that the application for a permit for certain
kind of activities shall be considered by the County Administrative Board. If the
environmentally hazardous activities are likely to have a low environmental impact,
the Government may prescribe that a municipal board shall hear
questions about permits. Conditions relating to the armed forces,
The Swedish fortifications Agency, the Swedish defence materiel administration, or Försvarets
Radio establishment should always be reviewed by the County Administrative Board.
Notification of environmentally hazardous activities in accordance with what the Government
provides made to general practitioner, the County Administrative Board or
the municipality. Law (2010:923).
Specific provisions on health protection
§ 9 homes and premises for public purposes shall be operated at
such a way as to not inconvenience to human health
arise and be kept free of vermin and other pests.
Owner or usufructuary of the concerned property shall
take all measures reasonably necessary to prevent
the appearance of or eliminate inconvenience to people's health.
section 10 plants for the groundwater shall be established and
used in such a way as to inconvenience to people's
health does not arise.
If it does not require a permit under Chapter 11, a municipality
provide that it still required the permission of the municipality
or notification to this in order to set up and use a new
establishment of grundvattentäkt in areas where shortages of sweet
groundwater there is or likely to be incurred. This applies if the
It is needed to prevent inconvenience to human health
shall be incurred. The municipality may also provide notification
for such facilities that already exist in the specified areas.
section 11 of the Government may provide that certain animals are not without
special permission of the municipality may be kept in areas with
detailed plan or area regulations, such regulations
needed to prevent inconvenience to human health
occurs.
The Government may transfer to the municipality to notify such
regulations.
section 12 of the Government or the authority, as the Government determines
may in other cases than those referred to in paragraphs 10 and 11, to the
regulations needed to protect against nuisance for
human health. The Government may transfer to the municipality to
notify such provisions.
In the regulations referred to in the first subparagraph may be given to activities
that could cause problems for human health must not be
conducted, or that certain establishments may not be set up without
that the municipality has given permit or a notification has been made
to the municipality.
paragraph 13 of the municipal regulations issued to protect against
inconvenience to human health shall not entail undue coercion
to the public or other unwarranted restriction on the
individual's freedom.
section 14 of the municipality shall without delay notify the infectious diseases Center
observations which may be of importance for disease control for
humans. Act (2004:169).
section 15 on suspicion of being a pet that is held by
a private person or an object carries a serious contagious
disease that can be passed to humans, the municipality
immediately take the necessary measures to track down the infection
and eliminate the risk of contamination. If it is necessary
in order to prevent the spread of the disease, the municipality let
destroy the objects of a personal nature and let the slaughter
Pet in the possession of private individuals.
Anyone who has been affected by a decision taken under the first subparagraph second
the sentence is entitled to reasonable compensation from the municipality.
The first and second subparagraphs shall not apply if the measures taken pursuant to
the Food Act (2006:804), the Act (2006:806) If sampling at
animals, etc., law (1999:657) or zoonotic disease Act
(1999:658). Act (2006:828).
10 Cape. Activities which cause environmental damage
Definitions
1 § With pollutant damage referred to in this chapter an environmental damage
as by contamination of a land or water area,
ground water, a building or a facility may cause damage
or inconvenience to human health or the environment.
With the serious environmental damage under this chapter an environmental damage
that is so severe that it
1. pollution of soil poses a significant risk of
human health,
2. the impact on a body of water or groundwater has a
significant adverse effect on the quality of the aquatic environment, or
3. in a significant extent harms or impedes preservation
of an animal or plant species or Habitat of such species, if
the injury concerns
(a)) a natural area which have been listed under Chapter 7. section 27
the first subparagraph of paragraph 1 or 2,
b) an animal's reproductive area or resting place that is protected
According to regulations issued pursuant to Chapter 8. section 1,
or
c) a species that is protected according to the rules given in
support of Chapter 8. 1 or 2 §.
With the remedial investigation under this chapter,
After treatment and other measures to remedy the
pollution damage or severe environmental damage.
Law (2007:660).
Operator's liability for remedial
section 2 of The engaged in or has engaged in an activity, or
taken a measure which has contributed to the pollution damage
or serious environmental damage (operator) is responsible
the relief shall be made in accordance with the provisions of this
Chapter. Law (2007:660).
Property owner's liability for remedial
3 § if there is no operator can perform
or pay for the remediation of pollution damage,
be in accordance with the provisions of this chapter, any person who
acquired the contaminated property, if the purchaser
at the time knew of the contamination or where should have
discovered it. In the case of a contaminated building or facility
the same applies to the who acquired the property on which the building
or establishment is located. With the acquisition of property
on the same footing as the acquisition of leasehold.
If the acquisition concerned a private residential under Chapter 2. section 13
income tax Act (1999:1229) is responsible only the acquirer
as at the time knew of the contamination.
The first and second subparagraphs shall not apply to acquisitions such as a bank or
a credit market companies do to protect a claim under
Chapter 7. section 3 of the Act (2004:297) on banking and finance law.
For the purposes of this section, the acquisition means
1. purchase, Exchange or gift,
2. contribution to a company or an association, or
3. dividends or shift from a company or an association.
Law (2007:660).
Avhjälpandeansvarets meaning
4 § the person responsible to remedy the pollution damage
shall perform or pay for reasonable corrective
that because of the contamination needed to prevent, hinder
or prevent damage or inconvenience caused by human
health or the environment.
When the scope of responsibility is determined, it must be considered how long
that has elapsed since the pollution occurred, the
obligation the Manager had to prevent future
harmful effects and the circumstances. If a
operators shows that it has contributed to the pollution
only to a limited extent, this shall also be taken into account in the
the assessment of the scope of responsibility.
If the pollution damage is a serious environmental harm, first and
second subparagraphs shall not apply in such a way that responsibility
scope is less than that resulting from § 5.
Law (2007:660).
§ 5 the person responsible to remedy a serious
environmental damage shall perform or pay for the remedial program
needed to
1. immediately to prevent further damage to the environment and risk
for human health,
2. If the damage is such damage referred to in paragraph 1, second subparagraph, 1,
the contaminated soil is no longer to be any significant
risk to human health, and
3. If the damage is such damage referred to in paragraph 1, second subparagraph 2
or 3,
a) restoration of the environment to the condition it would have been in
If the damage had not occurred,
b) compensate for loss of environmental values pending
restoration, and
c) compensate for loss of environmental values in another way, if a
restoration is not possible.
When the scope of liability under the first subparagraph shall be determined
It shall be taken into account if the damage caused by emissions or other
action, when they took place, was expressly permitted under
provisions in the law or according to a
administrative decisions, or were not considered harmful according to the
Scientific and technical knowledge that existed then.
Law (2007:660).
Restoration when an activity ceases
5 a of The last has engaged in an activity which is subject to
a status report according to regulations that have been issued with
under paragraph 21, first paragraph 5 shall, where the business has
stopped, reset the area where operations have been conducted
to the condition of the area had, according to the status report, if
1. activities have caused significant pollution in soil
or groundwater in the area, and
2. measures for reinstatement is technically feasible.
The first paragraph does not imply any restriction of the
obligations that otherwise comply with this chapter.
Law (2012:907).
Responsibilities when several are responsible
section 6, If several operators are liable under section 2, shall
they respond in solidarity to the extent not otherwise provided by
that responsibility is limited in accordance with section 4 or 5. A
operators shows that the operator's contribution
to the environmental damage is so insignificant that it is not alone justify
However, any remedial responsible only for the part that
corresponds to the contribution.
What they are jointly and severally liable has paid shall be divided between
them according to what is equitable having regard to the extent to
what each one has contributed to environmental damage and to
the facts are otherwise. Law (2007:660).
7 § If several property owners or tomträttshavare are responsible
under paragraph 3, it shall respond jointly and severally to the extent not
subject to liability is limited in accordance with section 4 or 5.
What they are jointly and severally liable has paid shall be divided between
them according to what is equitable having regard to what they understood by
the acquisition and the circumstances. Law (2007:660).
Statute of limitations
§ 8 limitation Ordinance (1981:130) is not applicable to responsibility
According to paragraphs 2-7. Law (2007:660).
Cost responsibility measures brings increased value or other
advantage
§ 9 the owner of a property, where remedial action is taken
can despite freedom from liability under section 2 or 3 is to be ordered to
in a reasonable extent account for costs that is matched by the
increase in the value of the property by such a measure.
Law (2007:660).
section 10 of the owner of a property, building or facility,
Despite freedom from liability under section 2 or 3 is to be ordered to
answer for investigative expenses related to the property, the building
or the facility to the extent that is reasonable taking into account
to benefit the owner is likely to get out of the investigation, the
personal economic conditions and circumstances of
otherwise. Law (2007:660).
Obligation to notify the supervisory authority
section 11 of the owner or normally a property, whether
the area previously considered polluted forthwith inform
the supervisory authority if it detected a contamination on
property and pollution may cause injury or inconvenience
to human health or the environment. Law (2007:660).
section 12 If it detects an imminent danger to a business
or action pose a serious environmental damage,
the responsible party shall immediately inform the supervisory authority of the
this.
If the measures that operator to take due
the discovered the danger does not mean that the danger to avoid,
the operator as soon as possible, inform the
the supervisory authority thereof and give an account of the measures
the operator has taken and will take and the
additional measures may need to be taken to avert
the danger. Law (2007:660).
section 13 if it is found that a serious environmental damage has occurred,
the operator shall immediately inform the supervisory authority
about this and describe the measures for which the operator has
has taken and will take further action, as well as the
that may need to be taken for remediation. Law (2007:660).
Injunction if corrective for serious environmental damage
section 14 of the regulatory authority shall examine whether the measures
the operator has set out under section 12 or 13 is
adequate and sufficient. The supervisory authority shall then
submit to the operator to take the necessary steps for
remediation is needed under section 5. Law (2007:660).
Environmental risk areas
section 15 If a land or water area is so seriously polluted
that, having regard to the risks to human health and the
the environment is necessary to decide whether the restrictions in
land use or other precautions, shall
the County Administrative Board to explain the area of environmental risk area. At
the Declaration will be the health and environmental hazards,
the degree of pollution, the conditions for distribution and the
surrounding the sensitivity of the environment must be taken into account. Law (2007:660).
section 16 of the County Board may submit to the penalty which, under 2
or section 3 or under section 10 is liable for
investigation costs to give the investigation needed
trial. In the notice, the County Board shall decide on
access for relief under 28 Cape. § 5. The County Board may
also, conduct necessary investigation on the maintainer's
the expense. Law (2007:660).
section 17 When an area is declared as environmental risk area shall
the County Administrative Board to decide on restrictions on land use
or that certain measures or the property owner
or other covered by the Declaration would take shall be
United with conditions or shall be preceded by notification to
the supervisory authority.
Such restrictions and such obligation may refer to:
digging, excavation and other ground work, building operations,
land-use and other actions that may involve
1. that the load of pollution in and around the surrounding area
increase,
2. the environmental situation would otherwise deteriorate, or
3. future reparation measures more difficult.
The County Board may also decide that such measures must not be
be taken or that a property may not be transferred until
the necessary land surveys have been carried out. Law (2007:660).
section 18 of the provincial Government shall amend or announce new conditions or
reverse the decision concerning environmental danger zone when pollution is
remedied or has decreased so that decided the abolition of restrictions on the
land use or other precautions are no longer
necessary. Law (2007:660).
Exclusions and limitations of liability
§ 19/expires U:den day Government/
This chapter does not apply to environmental damage
1. covered by 10 or 10 a Cape. maritime law (1994:1009)
2. subject to the Act (2005:253) for compensation from the
international oil pollution compensation funds,
3. damage caused by armed conflict, a hostility, an
civil war, a rebellion or an exceptional and inevitable
natural event that it has not been possible to protect themselves against,
or
4. caused by an activity or action whose sole purpose
been to protect against natural disasters. Team (2013:326).
Article 19 entry into force date/I:den Government/
This chapter does not apply to environmental damage
1. covered by 10 or 10 a Cape. maritime law (1994:1009)
2. subject to the Act (2005:253) for compensation from the
international oil pollution compensation funds,
3. subject to the Act (2010:950) on liability and compensation in the
radiological accidents,
4. caused by armed conflict, a hostility, an
civil war, a rebellion or an exceptional and inevitable
natural event that it has not been possible to protect themselves against,
or
5. caused by an activity or action whose sole purpose
been to protect against natural disasters. Team (2013:325).
20 § where environmental damage within the scope of a limitation under
Chapter 9. maritime law (1994:1009), the provisions of this
Chapter not applied in violation of the limitation of liability.
Law (2007:660).
Appropriations
section 21 of the Government or the authority, as the Government determines
may provide for
1. the circumstances in which it is to be taken particular account of the
in the assessment of what is a serious environmental damage,
2. the measures for rectification to be taken in the event of
a serious environmental damage,
3. exceptions to 5 and 12 to 14 sections of serious environmental damage,
4. investigation in cases of environmental risk areas and temporary
restrictions and other conditions under section 17 in connection with the
examination of such matters, and
5. the obligation to prepare a status report that reports
impurities present in the soil and groundwater in the
area in which a business is carried on or is to be conducted.
Rules on the exemption referred to in the first subparagraph 3 shall be communicated to
only
1. in the case of activities or measures with respect to
their nature or extent are typically
(a)) are not considered to cause serious environmental harm, or
b) aims at an acceptable level of impact on the environment, if the exception
does not cover damage caused by errors or omissions,
or
2. to the extent necessary to make trade-offs between
various essential public interests. Law (2012:907).
11 kap. Water operations
Chapter content
section 1 of this chapter provides for water operations and
water plants. Provisions for water operations and
water plants also exist in the law (1998:812) with special
provisions for water operations.
Definitions
section 2 of this chapter,
water area: an area that is covered by water at the highest
predictable water level, and
land drainage: an action that is carried out in order to drain the land,
When there is no diversion of waste water, or
performed to lower or drain a water area
or to protect against water, when the purpose of the measure is
to permanently increase a real estate fitness for a particular
purposes. Law (2014:114).
section 3 With water operations referred to in this chapter
1. construction, alteration, repair or tearing a
establishment of a body of water,
2. fill or piling into a body of water,
3. the disposal of water from one body of water,
4. digging, blasting or cleansing in a water area,
5. Another measure in a body of water as a aims to
change the water depth or location,
6. disposal of groundwater or the execution of a
This facility,
7. the supply of water to increase the basic amount of water or
performance of a facility or another action for this,
or
8. soil drainage.
Law (2014:114).
section 4 of this chapter,
water facility: a facility, that have come to through a
water operations, along with controls that belong
to such a facility,
dust: a water system whose purpose is to dam up or
excluding water or mixtures of water and other
materials,
dam failure: an uncontrolled escaping out of the water
or the mixture of water and other materials that the pond
is intended to dam up or foreclose. Law (2014:114).
section 5 of this chapter,
water source: the disposal of surface water or groundwater
water supply, heat extraction or irrigation,
water regulation: change of water level in a stream
for the benefit of other water operations, and
water conduction: water control through the transfer of
surface water from one body of water to another.
Law (2014:114).
Prerequisites for water operations
6 § water operations may be carried out only if its benefits
from the point of view of General and individual outweigh the costs and
the damage and inconvenience of it.
In the case of some water plants, there are additional
the provisions of §§ 19 and 20 elberedskapslagen (1997:228).
7 § water operations must be carried out so that it does not obstruct
other activities in the future are likely to touch on the same
water access and promoting general or specific purposes
by weight. This requirement applies if the vattenverksamheten can be carried out on
This way without undue cost.
§ 8 The who want to undertake a water operations which may damage the
fisheries are required to take, without compensation, and for the future
maintain the necessary facilities for the arrival of the fish or
fishery stocks, unleash the water for this purpose and comply with
the conditions or orders by the due
operations may be needed to protect the fishing in the water
concerned by the vattenverksamheten or in adjacent waters.
If the benefits of a questioned the device or condition or
an injunction could not reasonably can be considered to be equivalent to the cost
as the responsible party that would be caused, can
the responsible party shall be released from such obligation.
What's in this section about fish shall also apply
aquatic molluscs and aquatic crustaceans.
Provisions concerning special fishing fees as may be determined in
lieu of notice terms or injunctive relief under
first paragraph, see Chapter 6. paragraph 5 of the law (1998:812)
Special provisions for water operations. Act (2005:571).
Obtain a permit for water operations
section 9 of the water operations require authorization under this beam,
subject to the provisions of this chapter.
Those who wish to pursue management permit may apply for a permit
Although not required permits for activities.
Regardless of what follows by 11-15, 19 and 23 sections, it can be for a
specific activity or operation required authorisation pursuant to Chapter 7.
28 a of. Act (2005:571).
9 a of the Government may provide that, for certain
water operations instead of the State shall be required to
the activities have been notified before they begin.
Even if the obligation has been prescribed,
the supervisory authority, in accordance with regulations issued by
the Government, in the individual case shall submit a
operators to apply for licences. Act (2005:571).
9 b of the application for a permit for water operations review by
land and Environment Court. Application for authorization to
land drainage are tested, however, by the County Administrative Board, if it is not to be
examined by the land and Environment Court under Chapter 7. 19 or 20 of the
Act (1998:812) with specific provisions on the
water operations.
Notification of water operations shall, according to requirements
communicated by the Government, be made to the general physician,
the County Administrative Board or the municipality.
A notifiable water operations may commence no sooner than
eight weeks after the notification has been made, if not
the supervisory authority decides otherwise. Law (2010:923).
section 10 If authorisation to a water operations,
works of greater scope in connection with operational activities
not commence before an authorization has been granted.
section 11 of the licence pursuant to this chapter is not required for
1. water source for an a-or tvåfamiljsfastighets or
agricultural land subsistence consumption or
heat supply,
2. execution of facilities for the cultivation of fish, clams or
crustaceans, or
3. performance of installations for the extraction of heat, if
the action does not relate to the water source.
section 12 permits under this beam or notification in accordance with paragraph 9 (a)
not needed, it is clear that neither the public nor the
individual interests are harmed by vattenverksamhetens impact on
the water conditions.
By paragraph 13 of the first paragraph does not apply to follow soil dewatering
or, to the extent the Government stipulates that, other
measures for drainage of the land. Act (2005:571).
paragraph 13 of the Land Drainage must not be carried out without permission. Further
a permit is required, to the extent that the Government provides for it,
for other measures carried out to drain the land where
the measure is expected to have a lasting negative effect on plant
and animal life.
For drainage of agricultural land through tile drainage with
drain pipe that has a maximum diameter of 300 mm
However, a permit is required only if it is probable that
General or individual interests through operations.
A permit for land drainage or other action to
drain the land should be reconciled with the conditions needed to
limit or prevent damage to public or private
interests. The authorisation shall stipulate the period within which the measures
shall be carried out.
Permit under this beam is not required for land drainage in
connection with the harvest of a concession has been granted according to the law
(1985:620) om vissa torvfyndigheter, etc.
section 14 of the Government may prohibit land drainage which would require
permit under this chapter in areas where it is particularly
important that the wetlands are preserved.
The County Board may provide an exemption from a ban issued
referred to in the first subparagraph if there are special reasons.
If a waiver is required for the performance of the second subparagraph of
by mark dewatering to the licence is applied for in accordance with section 9. The decision on the
exemption ceases to apply for permission to land dewatering
will be notified.
section 15 Permits under this chapter is not needed to perform
clearances in order to maintain the water depth or location or for
immediately to restore a stream that has gone out from
its last location or in any other way has changed
its course.
If the works affects a property that belongs to someone else, the
the property owner will always be informed before commencement.
If fishing can be damaged, the notification of the planned works
be made to the County Administrative Board prior to commencement.
section 16 of the work may be carried out without prior authorisation, if it is to
as a result of an injury or to prevent an injury is
necessary to require modification or
repair works are carried out immediately. Application for approval of
the works shall be made as soon as possible.
Actions that are contrary to the provisions on the content and
the bottling of water may be taken without prior permission, on the
is necessary to prevent danger to life or health, rescue
valuable property or of any other such cause. Application for
approval of the measures shall be made as soon as possible.
Maintenance responsibility
section 17 of the owner of a water system is required to maintain
it so that it does not arise from damage to public or private
interests through changes in water conditions. If
water plant with the aid of a special right carried out on
someone else's land and ownership of the property passed
to the land owner as a result of that the right has ceased,
the maintenance obligation for the right-holders.
The under 28 Cape. section 12 has a right to use any
else's water system is coupled with the owner is obliged to
maintain facility, unless the land and Environment Court
certainly something else.
In paragraphs 20 and 21 and in 24 Cape. 4 § second paragraph is
provisions on the transfer of the maintenance obligation.
Law (2010:923).
section 18 of the one who is obliged to maintain a pond for
water regulation shall make good any damage caused by
the resort does not provide the intended protection against dust. This
true even if neither the debtor nor someone who
the person responsible for causing the injury.
A maintenance debtor showing that dust accident caused by
an act of war or similar document under armed
conflict, civil war or insurrection, however, is free from
liability. Law (2014:114).
Tearing, etc.
section 19 of Licences under this beam shall always be submitted to the
tearing a water system in surface water, unless
the appointment is notified under section 20.
20 § instead of leaving the State to tear out a
water system in surface water, land and Environment Court
the request of the owner of a property that could be damaged by
utrivningen order that the obligation to maintain
plant and fulfill other obligations which are located on the
the owner shall pass on the property owner to its
anything else is determined.
For the protection of public interests, after undertaking such a
the appointment also announced for the State, a municipality or a
Water Association.
The appointment may be granted, if it can be assumed that
the property owner may not be able to fulfil the obligations or if the
with regard to the applicant or to the public interest is considered to
more important to the plant is torn out.
If the owner of a water system caused damage to
the facility is maintained, the who assumes the responsibility for
the facility to pay reasonable compensation for the damage.
Law (2011:923).
section 21 If a property is transferred to a new owner and the former
the owner is required to pay maintenance for takeover under section 20
the first paragraph, the new owner of the obligations
follow the takeover.
The takeover under section 20, first paragraph, shall be recorded in the
real estate register's General del. Act (2000:228).
section 22 If it may result danger to public or private
interests by a facility for the disposal of
ground water is being taken out of service, in whole or in part, the resort's
owner in the land and Environment Court's permission.
Reasonable compensation to be paid, if such a measure entails
damage to someone else's property through lasting change in
the water conditions. Law (2010:923).
Some others that have been tried in different order
section 23 of the Permit shall be submitted to the following water operations,
subject to Chapter 2. section 9:
1. water operations as in other activities under the
Chapter 17. 1 or paragraph 3 has been set as a condition for
business practices,
2. the construction of bridges and other water operations for road,
rail, Metro or tram whose construction has been tested in
special order,
3. the construction of pipelines in the water concession
announced for pursuant to lagen (1978:160) om vissa pipelines,
4. activities as exploitation concession has been granted for the
pursuant to lagen (1985:620) om vissa torvfyndigheter, and
5. the construction of natural gas pipelines in the water concession
announced for under the natural gas Act (2005:403). Law (2007:218).
Security classification of dams
section 24 a pond should be classified in a dam safety class,
If the dam of a dam failure can result in
1. loss of human lives,
2. destruction of areas which are of national interest for
cultural environment in accordance with Chapter 3. section 6, second paragraph,
3. disruption in electricity supply,
4. destruction of infrastructure,
5. the destruction or disruption of vital
activities,
6. environmental damage, or
7. economic harm.
The first subparagraph shall not apply to ponds constructed to
temporarily dry up an area in connection with a construction
or construction work.
The first subparagraph of paragraph 1 shall not apply if the risk of loss of
human life is negligible. First paragraph 2 to 7 do not apply to
consequences which have little meaning from social
point of view. Law (2014:114).
section 25 By classification according to section 24 should the dam be
classified in
1. dust protection class A, if a dam failure can lead to a
crisis that affects many people and large sections of the community
as well as threatening the fundamental values and functions,
2. dust protection class B, if a dam failure can lead to
significant regional and local impacts or disturbances and
the pond should not be classified in class A, dam safety
and
3. dust protection class C, if the dam should not be
classified in dust protection class A or B.
If a dam failure can cause loss of life and
This risk is not negligible, should the dam be classified
in dam safety class A or b. Law (2014:114).
section 26 of the classification under sections 24 and 25 shall be made by the
authority exercising supervision over the pond safety.
Law (2014:114).
12 Cape. Agriculture and other activities
1 repealed by law (2005:571).
2 repealed by law (2005:571).
3 repealed by law (2005:571).
4 repealed by law (2005:571).
section 5 was repealed by law (2005:571).
Notification for consultation
section 6, an activity or action which is not covered by
authorisation or notification requirements under other provisions of
this beam may significantly change the natural environment,
notification for consultation made by the authority exercising supervision
According to the provisions of chapter 26. or provisions
issued under that chapter.
The Government or the authority that the Government may
provide that, within the country or part of the
the country should always be made a notification for consultation in case of
certain types of activities or measures that may result in
damage to the natural environment. Government or authority
the Government may also provide for the
a notification shall contain.
Activity or measure shall be notified for consultation,
commence at the earliest six weeks after notification has been made,
unless the regulator admits something else.
The authority referred to in the first paragraph may submit to the
reporting duty to take the necessary measures to
restrict or discourage damage to the natural environment. If such
measures are not sufficient and it is necessary for the protection
of the natural environment, the authority may prohibit the activity.
Provisions on the right to compensation in the event of such a
injunction or prohibition, see chapter 31.
6 a of the obligation to make a declaration for consultation pursuant to section 6 of the
does not apply to the construction of public roads or the construction of the railway
If the operation or action specified in a defined vägplan
under the traffic Act (1971:948), or in a fixed rail plan
under the Act (1995:1649) on the construction of the railway.
Law (2012:441).
Environmental concerns in agriculture
7 § With agricultural land referred to in paragraphs 8 and 9, such arable land and
pasture that is part of the property that are taxable as
agricultural unit. The provisions of the same sections shall not, however,
apply to agricultural land
1. as part of a property, that have been formed for another
purpose other than agriculture and which have not been assessed, or
2. in a detailed plan or area regulations under
the planning and building Act (2010:900) is intended for a different purpose
than agriculture. Law (2010:902).
section 8 of the Government or the authority that the Government may
provide for the account of the natural and cultural values
to be taken by the management of agricultural land and other
land use in agriculture, such as in the case of the protection of
culture and cultural landscape, and animal and plant life.
The regulations, however, must not be so restrictive that ongoing
land uses in the affected part of the property substantially
more difficult.
§ 9 the Government or the authority that the Government may
prescribe that agricultural land shall be taken out of agricultural production
only after notification to the County Administrative Board, unless the measure is of
minor importance for agriculture at the headquarters of the unit or
the natural and cultural environment.
The first subparagraph shall not apply if the land is used for
activities whose tilllåtlighet has been tested in specific order.
section 10 of the Government or the authority, as the Government determines
shall notify those rules as reasonably may be required from
environmental protection in respect of
1. limitations on the number of animals in agriculture,
2. precautions for manure management, and
3. crop production.
Game parks
section 11 of the holdings, which shall not be entered without permission from the County Administrative Board
in areas where the public may travel freely.
Upon the granting of permits to the need for protection of
outdoor recreation and the natural environment should be taken into account.
Permission to game parks within a restricted area,
be notified only if there are special reasons.
Regulations on State duty
section 12 of the Government may provide for such permit for
activities or measures that may be required as a result of
Sweden's membership in the European Union.
Chapter 13. Genetic engineering
Scope of application
Article 1 the provisions of this chapter shall apply to the
the contained use and deliberate release into the environment of genetically
modified organisms. The provisions shall also apply
When products containing or consisting of GMOs
placed on the market.
The purpose of these provisions, in addition to what is said in Chapter 1. 1 §
first subparagraph, to ensure that special ethical consideration
at the activities referred to in the first subparagraph.
section 2 of the Government may provide for exceptions from the
application of this chapter in respect of organisms that have been
presented with such proven methods of genetic modification
has been proven to not cause any risks from health and
environmental point of view.
Definitions
3 § With organism refers to a biological entity capable of replication
or transferring genetic material.
4 section With genetically modified organism means an organism in which the
genetic material has been altered in a way that does not occur
naturally by mating and/or natural recombination.
section 5 Of the contained use, a business where any
1. modify organisms genetically or cultured, stored,
transported, destroyed, disposed is getting rid of or otherwise
handling such genetically modified organisms and
2. using specific containment measures to limit
These organisms ' contact with the public and the environment and
provide a high level of safety for the general population and the environment.
Lag (2003:232).
section 6, With deliberate release means a deliberate introduction of
genetically modified organisms in the environment without the use of
such containment measures referred to in paragraph 5. Lag (2003:232).
section 7 of the expression ' placed on the market provided that
provide or make a product available to anyone
other.
Demands for investigation for the assessment of injury risks
section 8 of the contained use and deliberate release into the environment of genetically
modified organisms must be preceded by an investigation. It shall
could be the basis for an adequate assessment of the
What are the health and environmental damage that the organisms can cause.
The investigation shall be made in accordance with science and
proven experience. Such an investigation should also be conducted before
a product containing or consisting of genetically modified
organisms are placed on the market.
§ 9 the Government or the authority that the Government may
notify additional regulations on such an investigation referred to in
section 8.
Ethical considerations and precautions
section 10 Special ethical consideration of the contained
use and deliberate release into the environment of genetically modified
organisms as well as when a product containing or consisting of
such organisms are placed on the market.
section 11 of the Government or the authority, as the Government determines
may provide specific regulations on precautionary measures.
Authorisation and notification
section 12 of The required permit to carry out a deliberate
release of GMOs or in order to
releasing a product that contains or consists of a
organisms on the market.
section 13 a licence may be granted only if the business is ethically
defensible.
section 14 of the Government or the authority, as the Government determines
may provide for what is required for the protection of
human health and the environment in order to obtain a permit under section 12.
section 15 of the Government or the licensing authority shall notify the
regulations relating to exemptions from the permit requirement under section 12.
paragraph 16 of the Government or the authority, as the Government determines
may provide for authorisation or
notification of the contained use of genetically modified
organisms, if needed for health or environmental reasons.
section 17 of the application for authorization and a notification of the
authority that the Government provides.
Inquiries about permission should be examined within the time limit set by the Government
prescribes.
A permit is valid for five years, unless otherwise stated in
the permit decision.
Labelling
section 18 of the Government or the authority, as the Government determines
may provide that any person who places a product containing
or consisting of GMOs on the market
label the product.
The gene technology Committee
section 19 of The Special Committee, the gene technology Committee, shall follow the
developments in genetic engineering area, monitor the ethical issues and
give advice on the use of genetic engineering.
Government announces details of the Board's regulations on genetic engineering
as well as provisions on the Committee's composition and working methods.
Chapter 14. Chemical products and biotechnical organisms
Chapter content
section 1 of this chapter contains provisions relating to chemical products
and biotechnical organisms and on goods which, because of its
content or treatment has such properties that they need
regulated as chemical products and biotechnical organisms. In
the chapter also has provisions on material handling
of chemical products and biotechnical organisms.
Law (2011:734).
Definitions
section 2 of this chapter,
1. chemical product: a chemical substance or a mixture of
chemical substances that are not a commodity,
2. mixture: a mixture or solution composed of two
or more chemical substances,
3. Article: means an object which during production is given a special
shape, surface or design which, to a greater extent than its
chemical composition determines its function,
4. biotechnical organism: a product that has been made
especially in fighting order or any other technical purposes
and which is wholly or partly composed of or containing live
micro-organisms, including viruses, nematodes, insects or
Arachnids,
5. chemical pesticides: a chemical product as a aims
to prevent or discourage that animals, plants or
micro-organisms, including viruses, causing damage or
inconvenience to human health or damage to property,
6. biological pesticides: a biotechnical organism that
produced in particular in order to prevent or counteract the
animals, plants or micro-organisms, including viruses,
cause injury or inconvenience to human health or the
damage to property,
7. Management: an activity or action which means that a
chemical or biotechnical organism are manufactured,
processed, handled, packaged, stored, transported,
used, disposed, be destroyed, be converted, marketed,
transferred or subject to any other comparable
procedure,
8. entry: to enter a chemical product, biotechnological
organism or be of Sweden, and
9. exit: to carry out a chemical product, biotechnological
organism or be from Sweden. Law (2010:742).
section 3 of this chapter,
chemical registration regulation of the European Parliament and of the
Council Regulation (EC) No 1907/2006 of 18 december 2006
concerning the registration, evaluation, authorisation and restriction of
chemicals (Reach), establishing a European
Chemicals Agency, amending Directive 1999/45/EC and
repealing Council Regulation (EEC) No 793/93 and
Commission Regulation (EC) No 1488/94 as well as Council directive
76/769/EEC and Commission directives 91/155/EEC, 93/67/EEC,
93/105/EC and 2000/21/EC,
chemical classification regulation: regulation of the European Parliament and
Council Regulation (EC) no 1272/2008 of 16 december 2008
on classification, labelling and packaging of substances and
mixtures, amending and repealing directives 67/548/EEC
and 1999/45/EC, and amending Regulation (EC) No 1907/2006,
biocidal products directive: European Parliament and Council directive
98/8/EC of 16 February 1998 concerning the placing of
biocidal products on the market, as last amended by
Commission directive 2009/151/EC,
preparations directive: European Parliament and Council directive
1999/45/EC of 31 May 1999 concerning the approximation of the laws of the
the Member States relating to the
classification, packaging and labelling of dangerous preparations,
as last amended by regulation, chemical classification
plant protection product directive: Council Directive 91/414/EEC of
15 July 1991 concerning the placing of plant protection products on the market,
as last amended by Commission directive 2009/160/EU,
DSD: Council Directive 67/548/EEC of 27 June
1967 on the approximation of the laws, regulations and administrative provisions relating to the
classification, packaging and labelling of dangerous substances,
as last amended by Commission directive 2009/6/EC.
Law (2010:742).
Management, import and export, etc.
paragraph 4 of a chemical or biological pesticides must not
be introduced to Sweden from a country outside the European Union
or the European economic area, may be placed on
market or used without the vehicle is approved pursuant to section 10
by the Government or the authority, as the Government determines.
Law (2008:240).
paragraph 5 of a chemical product or a biotechnical organism that is neither
approved in accordance with section 10 or an exemption or a
exemption from the requirement for approval, may be used as
Pesticides only if it is clear that the use
do not present risks to human health or the environment.
Law (2008:240).
section 6 of The spreading the chemical or biological
pesticides should be
1. do it in such a way that human health is not damaged
or people caused other nuisance and so that environmental impact
is as small as possible, and
2. take measures to counteract the drug from spreading outside
the intended area of distribution. Law (2008:240).
section 7 of the Chemical and biological pesticides may not be spread
from aircraft.
Chemical and biological pesticides that are intended to
combat lövsly may not be spread over the forest land or used
to treat individual tree trunks. Law (2008:240).
section 8 Government or authority the Government determines
shall notify the
1. regulations regarding the handling, import and export of
chemical products and biotechnical organisms goods in questions
as described in Chapter 2. 2-4 sections,
2. the regulations required from a health or
environmental protection requirements permit or approval
for the handling, import and export of a chemical product,
biotechnical organism or be,
3. regulations on special conditions required from a health
or environmental protection for the handling, import and
the export of a chemical product, biotechnical organism or
be,
4. regulations on the prohibition of particular significance from
health or environmental protection against management, admission and
the export of a chemical product, biotechnical organism or
be,
5. regulations regarding such exemptions from the requirement for approval
in paragraph 4 that there are special reasons for,
6. rules concerning requirements on notification before a pesticide
offered for sale or used,
7. regulations regarding such derogation from the prohibition provided for in paragraph 7 of the first
subparagraph to spread pesticides from aircraft as it
There are serious reasons for,
8. regulations regarding the importation, transfer and combustion of
fuel, fuel and fuel properties and
quality needed to prevent emissions into the air of
substances that may cause harm to human health or the
the environment,
9. the regulations required as a result of Sweden's membership
in the European Union about the handling, import and export of
chemical products and biotechnical organisms goods,
10. the regulations required as a result of Sweden's membership
in the European Union concerning the placing on the market,
providing or commissioning equipment intended for
management of chemical products and biotechnical organisms,
and
11. provisions required as a result of Sweden's membership
in the European Union concerning the control of equipment intended
pesticide application.
Detailed rules relating to the goods referred to in the first subparagraph 1, 2, 3, 4 or
9, will be announced only in the case of goods which, because of its
content of a chemical product, or because they have
treated with a chemical product may likely cause damage to
humans or the environment or other interests protected
through this beam.
The Government may entrust a municipality to notify such
regulations referred to in the first subparagraph 8. Team (2013:758).
§ 9 The Government authority determines, in the individual
the case give exemptions from the prohibitions in section 7 of the second paragraph, if the
1. required for scientific examination, or
2. with regard to the location and nature of the forest,
forest stock, the composition, the impact on
living conditions for plant and animal life, and other General
interests are not reasonably possible that by clearing using mechanical
practices meet the requirement if the regrowth of forest in section 6,
Forestry Act (1979:429).
A waiver as referred to in the first subparagraph 2 shall not be given in respect of
spread in an area of importance for outdoor recreation,
nature conservation, the local population's well-being or something
other municipal interest, if the municipality opposes a
dispensation. Before the exemption issue is decided, should the municipality is given
opportunity to be heard. Law (2013:758).
Approval of pesticides
section 10 a pesticide may be approved only if the vehicle
1. is acceptable from the point of view of protection for health and the environment and
needed for fighting purposes set out in section 2 of the 5 or 6,
or
2. comply with the conditions for authorisation in accordance with
plant protection product directive or BPD.
An approval shall be up to five years or, if there is
specific reasons, ten years. Law (2010:742).
section 11 of the Government or the authority, as the Government determines
may announce further provisions concerning the conditions for
a medium shall be approved according to section 10. Law (2008:240).
Product register
12 § chemical products professionally manufactured or kept
to Sweden to record in a product register according to the
regulations announced by the Government or authority
the Government determines. The register shall be kept by the authority
the Government determines. Law (2008:240).
section 13 the Government may provide for the biotechnological
organisms and products should be registered in the registry or in the product
a corresponding register.
Regulations for registration of goods may be communicated only in
the case of goods which, because of their content of a chemical
product, or because they have been treated with a chemical
product likely to bring harm to people or the environment
or other interests protected by this beam.
Law (2008:240).
section 14 of the Government or the authority, as the Government determines
may provide for exceptions or in individual
the case provide an exemption from registration under section 12,
If there are special reasons. Law (2008:240).
Product information and disclosure
15 § in the case of advertisements for such biocidal products referred to in
Article 2(1)(a) of the biocides directive and which are not covered by
the exceptions provided for in article 1(2), the following applies.
The advertisement shall contain a clear and from advertising in General
distinct appeal to use biocides safely
and always before use take note of the information on
product packaging and other product information. In
the call gets the word ' biocides ' shall be replaced by the description of the
the type of the biocides product belongs.
Expressions such as ' low-risk ', ' non-toxic ', ' harmless ' or
similar, indicating that the product is not dangerous or can lead
to an underestimation of the hazards associated with
the product must not be used in advertising. Law (2008:240).
section 16 of the advertising of substances which are dangerous within the meaning of article 2(2) of
DSD and which are not covered by the exceptions in article
1.2 to indicate the hazard category or the
hazard categories that the topic belongs to. Law (2008:240).
section 17 of the advertisements for mixtures, which can give rise to a single
person to conclude the purchase contract without seeing the label or
packaging as the mixture is to be supplied with, should
contain an indication of the type (s) of danger
shall appear on the label or packaging of the mixture is
hazardous according to article 2(2) of the preparations directive and not
subject to the exceptions provided for in article 1(5). Law (2010:742).
section 18 of those who produce or emit a chemical product
or biotechnical organism on the market shall immediately
inform the authority that the Government, if after
a permit or approval will generate new information on
to the product or the organism or residues of an active
substance in it can have harmful effects on human health,
the ground water or the environment in General.
Such disclosure also applies to chemical products
and biotechnical organisms that are not subject to any requirement
permission or approval, if it comes up with new data
If the product or the organism may have carcinogenic, mutagenic
or reproductive toxicity likely to affect
the classification or labelling of the. Law (2008:240).
section 19 of the Government or the authority, as the Government determines
may announce further provisions on the obligation of
1. a person who manufactures, to Sweden or to the market
emit a chemical product or a biotechnical organism that
by marking or otherwise provide the
information about the product or the organism that is necessary for the protection
to human health or the environment, and
2. the professional handle, insert into or out of the
Sweden a chemical product or a biotechnical organism to
the authority that the Government disclose the information
needed to assess the risks to human health or the environment that is
associated with the product or the organism and its management,
entry or exit. Law (2008:240).
Exemptions from EU regulations
section 20 of the Government or the authority, as the Government determines
may, in the particular case waive requirements in
chemical registration and regulation
chemical classification regulation, if necessary with
account of the Swedish defence interests. Law (2010:742).
15. Waste and producer responsibility
Definitions
section 1 of the waste ' means any substance or object which the holder
discards or intends or is required to discard
with.
A substance or object shall be deemed to be a by-product rather than
for waste, if the substance or object
1. have been raised in a manufacturing process in which the main purpose
is not to produce the substance or object;
2. can be used directly without any other processing than the
processing that is normal in industry practices, and
3. will continue to be used in a way that is health
and environmentally acceptable and which are not contrary to law or
other statutes.
A substance or object which become waste ceases to be
waste, if it has been handled in a way that does
recycling, and meets the requirements for continued use
According to regulations issued on the basis of 9 or
section 28. Law (2011:734).
2 § With household waste "means waste which comes from households
and thus similar waste from other activities.
With an end-of-life vehicle "means a passenger car, bus or truck whose
total weight does not exceed 3 500 kilograms and is waste.
Law (2007:163).
section 3, With the management of waste shall mean:
1. collection, transportation, recycling, disposal or
other physical position with waste, or
2. measures that do not involve physical position with waste but
as a aims to waste is collected, transported,
recycled, disposed of or changes ownership or possession.
Law (2011:734).
section 4 of the "producer" means
1. the professional manufacture, to Sweden or
selling a product or packaging, or
2. in their professional activity generates waste
requires specific measures of sanitation or environmental reasons.
5 § with property holders under this chapter the owner
the property or pursuant to Chapter 1. 5 § real estate
tax law (1979:1152) shall be deemed to be property owners.
The liability of the waste holder
5 a of the holder of the waste shall ensure that the waste
handled on a health and environmentally sound manner.
A provision that manufacturers may incur obligation to take
care of waste is in section 6. Provisions relating to municipalities has
and may be subject to an obligation to take care of the waste is available in 8, 10
and 17 sections. Lag (2003:1187).
Producer responsibility
section 6 of the Government or the authority that the Government may
provide for an obligation for producers to ensure
the waste is collected, transported, recycled,
reused or disposed of in a manner that may be required for a
health-and environmentally acceptable waste management. Such
regulations may be notified in the case of waste from such
the activities of producers and waste
such goods or packaging producers manufacture,
Insert to Sweden or sell.
Provisions on the obligation of a producer to take care of
waste products or packaging producer
not made, brought to Sweden or sold, only
refer to the part of waste corresponding to the producer's share of the
the market for new such goods or packaging or on the
otherwise is in reasonable proportion to the producer's
activity. Law (2007:163).
7 § to promote a reduction in the occurrence of loss or
health-and environmentally acceptable disposal of waste,
the Government or the authority the Government announce
regulations on obligations for producers to
1. label a product or packaging,
2. Please provide information of importance for the producer responsibility about what
substances and materials as a commodity or a pack contains
and on the collection, reuse rate, recovery rate or
other conditions and
3. ensure that the goods or the packaging has a particular
composition, recyclability and recoverability.
Regulations referred to in the first subparagraph 3 may, in the case of other goods
than packs only notified the requirements needed to
as a result of Sweden's membership in the European Union.
Lag (2003:1187).
7 a of the Government or the authority, as the Government determines
may provide for
1. obligation for producers of packaging, producers
of paper for newspapers, magazines, direct mail, directories
or other similar paper products and producers of
electrical and electronic equipment to ensure that
packaging, paper, or the electrical and
electronic products are covered by a collection system for
recycling or reuse,
2. obligation for producers of packaging for
product ready for drink made of plastic or metal to see
to that collection systems are designed so that by
payment of a deposit or the premium encourages that packages
be returned to the system,
3. Prohibition of producers referred to in 2 to transfer or
marketing packages that are not included in a collection system,
4. the obligation of producers referred to in (2) to ensure that
packs bear labelling on
collection system,
5. authorization for commercial operation of such
collection systems referred to in paragraph 1,
6. authorization for commercial bottling of product ready
drinks in packaging made of plastic or metal or
entry into Sweden of product ready for drink in such
packaging, and
7. entry fee and other things needed to
ensure that domestic and imported to Sweden
packaging for the product ready drink made of plastic
or metal can compete on equal terms. Team (2013:758).
7 b of the Government or the authority, as the Government determines
may provide for
1. the obligation of a producer to appoint someone to
fulfill the obligations that the producer is in a different
Member State of the European Union, and
2. to that of a producer pursuant to regulations
delivered with the support of 6 – 7 (a) sections also apply to the
as on a producer's mission fulfill the producer's
obligations. Team (2013:758).
The municipal waste management obligation
section 8, Every municipality shall, unless otherwise provided pursuant to
section 6, responding to
1. household waste within the municipality are transported to a
treatment facility, if needed to meet both
protection of human health and the environment in which individual interests,
and
2. household waste from the municipality is recycled or disposed of.
When the municipality of designs and decide how this obligation shall
fulfilled, account shall be taken of the real estate owner's and
nyttjanderättshavares opportunities to take care of
household waste in a way which is acceptable having regard to
protection of human health and the environment. The municipality shall in their
planning and in their decisions take into account to remove the transport
adapted to the needs of different types of buildings.
In such plans and decisions shall specify the
preconditions property holders and beneficiaries
to take care of the household and, when regulations
According to section 10 applies, other waste generated in them.
Authority to provide for the management of waste
§ 9 the Government or authority the Government determines
may provide for the handling of waste. Government
may leave it to local governments to notify such provisions.
The Government or the authority that the Government may
provide for an obligation for municipalities to provide
information on the management of waste and on the content of the
the waste management plans. Law (2011:734).
section 10 if needed for health or environmental reasons, the Government of
question about waste other than domestic waste within a municipality Info
regulations on
1. that the waste must be transported away by municipal
merchandise,
2. the municipality shall ensure that waste is recovered or
disposed of.
This does not apply in the event that rules on producer responsibility
has been notified under section 6.
The Government may transfer to the municipalities to provide
under the first and second subparagraphs.
Municipal renhållningsordning
11 § for each municipality, there must be a renhållningsordning
which shall contain the provisions on the management of waste as
apply to the municipality and a waste plan. In renhållningsordningen
such assumptions referred to in paragraph 8 of the third
paragraph. Waste management plan shall include details of the waste within the
the municipality and municipal actions to reduce the
quantity and hazardousness.
The Government or the authority the Government may announce
regulations on waste plan's content.
section 12 If renhållningsordningar with the support of the Government's
authorization shall be decided by the local authorities, they shall be adopted by the
the City Council.
13 § When a proposal for a renhållningsordning is established, shall
the municipality as appropriate and reasonable consultation with the
property owners and Government agencies that may have a significant
interest in the matter.
Before the adoption of the draft renhållningsordning, the
exhibited to review for at least four weeks.
When renhållningsordningen are adopted, the comments received
presented at the consultation and review process referred to in the first and second
the paragraphs are taken into account. Act (2005:182).
section 14 of the proclamation of that proposal to the renhållningsordning set
out shall be issued in the local newspaper before the exhibition the beginning.
The notice shall contain a statement of the principal
meaning, where it will be exhibited and the time within which and to whom
objections to the proposal must be submitted.
section 15 of the provisions in sections 13 and 14 also applies to the proposal for
change in a renhållningsordning.
A municipality does not have to set out a proposal for the amendment of
renhållningsordningen, if it concerns only a small number of
real estate holders or change otherwise is of limited
scope.
paragraph 16 of the Government may provide for the professional
conducts activities produce waste shall submit
municipality information needed as a basis for the municipality's
renhållningsordning. The Government may transfer to the municipalities to
notify such provisions.
section 17 of the municipality is required to go beyond what follows from
renhållningsordningen carry away household waste, if
property owner or tenant requests and
It is not unreasonable in the circumstances.
Management of waste
section 18 of the waste must be transported by the municipality or a
producer's efforts, the waste is not composted or otherwise
way be recovered or disposed of by the property owner
or the tenant.
The first subparagraph shall not apply if the waste can
be disposed of on the property without the risk of inconvenience to
human health or the environment.
The municipality may, in individual cases, allow property owners or
the beneficiaries themselves take care of waste generated
with them and who else should be disposed of by the municipality, if they can
do this in a way that is safe for human health
and the environment and there are specific reasons for such exemption.
Even if a permit is not required, the authorization should be sought at the commune
for such activities or such measures referred to in the second
paragraph. Law (2002:175).
19 § if required by reuse or recycling reasons
or other health or environmental reasons, Government Info
regulations which means that a certain type of waste shall
stored and transported separately from other waste and
announce the additional regulations as needed for the purpose.
The Government may entrust an agency or to municipalities that
notify such provisions.
section 20 If it is needed by reuse or recycling reasons
or other health or environmental reasons, Government Info
regulations prohibiting disposal of combustible and
organic waste.
The Government or the authority that the Government may
provide for exceptions, or in the case
dispense the prohibitions referred to in the first subparagraph.
section 21 on waste shall be transported through the Agency of the municipality, may
No person other than the municipality or local authority to
purpose to position with the transport.
If the waste must be transported by a producer,
the Government may provide for no other than
the producer or the producer hires for this purpose may take
position with the transport.
Authorisation to provide for certain waste
section 22 If it is needed by reuse or recycling reasons
or other health or environmental reasons, the Government or the
authority that the Government provide for
1. professional pretreatment of waste, such as removal and
sorting, consisting of electrical and electronic products,
and
2. that the professional carries out activities intended to
to pre-treat waste, such as dismantling and sorting,
consists of electrical and electronic products should have personnel
or quality system certified by a body
accredited in accordance with European Parliament and Council regulation
(EC) no 765/2008 of 9 July 2008 setting out the requirements for accreditation
and market surveillance relating to the marketing of products and
repeal of Regulation (EEC) No 339/93 and the law (2011:791)
on accreditation and technical control. Law (2011:793).
23 § if required by reuse or recycling reasons
or other health or environmental reasons, the Government or the
authority that the Government provide for
ban on landfilling, incineration, and shredding of wastes
consisting of electrical and electronic products before
the waste is treated in accordance with section 22. Law (2007:163).
section 24 of the Government or the authority, as the Government determines
may provide
1. that it engaged in a professional activity as a aims
to recover, recycle or dispose of used cars
(car breakers) shall be authorized and the conditions for
authorisation of car breakers,
2. professional removal and other similar professional
disposal of end-of-life vehicles,
3. on the obligation of car breakers to provide data on
the recycling rate, recovery rate or other conditions
relating to the end-of-life cars which car Junk yard man collected or
received,
4. on the obligation of the acquiring an effete car for
scrapping to issue a certificate if the vehicle has been received for the
this purpose (acknowledgement of receipt) and make sure the car is
taken care of by an authorised car breakers and on
the issuance of such certificate, and
5. on the obligation of authorised car breakers to issue a
certificate stating that arrangements have been made for a health and
environmentally acceptable management of an effete car
(certificate of destruction) as well as on the issue of such certificates.
Law (2007:163).
Authorisation to provide for licence etc.
section 25 if needed for health or environmental reasons, the Government
or the authority that the Government notify
regulations on
1. that the waste may be transported professionally only by the
authorised or registered with the authority that the Government
Determines or other specific conditions shall apply for
such activities, and
2. whoever in the business give rise to different
waste than household waste shall leave it for transportation to
the holder of the authorization to transport or is
review of prior written authority.
Conditions referred to in the first subparagraph 1 shall be sought of the authority
as a government institution.
section 26 of the Government or the authority, as the Government determines
may provide that the professional
activities giving rise to waste other than domestic waste or
professionally manage waste other than domestic waste shall
provide information on the nature, composition and amount, as well as
indication of origin of the waste and the waste will be submitted.
Data shall be provided to the Municipal Board which is
supervisory authority.
section 27 if needed for health or environmental reasons, the Government
or the authority that the Government notify
that those who collect or for
behalf of another professional involved in disposal
or recycling of waste shall be notified of the
authority that the Government provides. This does not apply to the
subject to authorisation or notification requirements in accordance with
regulations issued pursuant to section 25 or otherwise
under this beam.
Authorisation to provide for waste with reason
of Sweden's membership in the European Union
section 28 of the Government or the authority, as the Government determines
may indicate the regulations on waste, waste planning and
restrictions on movements of waste resulting from the
Sweden's membership in the European Union.
Authority to provide for the defense
section 29 of the Government after the Government's controlling interest, or
General physician may provide specific rules for
The armed forces, the Swedish fortifications Agency, the Swedish defence materiel administration
and the national defence radio establishment which differs from that provided for
in this chapter.
Littering
section 30 no person shall litter outdoors in a place to which the public
have access or transparency.
Dumping
section 31 In Sweden's territorial waters and economic zone, waste
not being dumped, either as solid, liquid or gas. Waste
must not be dumped from the Swedish vessel or aircraft in
the high seas. Waste that is intended to be dumped in the open air
the sea must not be taken out of the country or out of the economic
zone.
What about dumping applies also in the case of the combustion of
waste.
32 §/expires U:den day Government/
What is said in paragraph 31 do not apply to such
emissions of harmful substances from ships is regulated by the law
(1980:424) concerning action to combat pollution from ships.
the entry into force of § 32/I:den day Government/
What is said in paragraph 31 do not apply to such
emissions of harmful substances from ships is regulated by the law
(1980:424) concerning action to combat pollution from ships or such
the discharge of sediment from ships is regulated by
ballast water law (2009:1165) or the regulations issued in
adherence to the law. Law (2009:1168).
32 a of the Government may provide for exceptions from the
the ban on the dumping of waste in the first paragraph of section 31
geological storage of carbon dioxide. Law (2012:430).
33 § Government or authority the Government determines
may by decision in the individual case dispense section 31
the first subparagraph, if the waste can be dumped without the inconvenience of
human health and the environment.
If the nuisance arises by dumping not foreseen
When the consent was given, the authority has provided
consent in order to notify the injunction remedy
the inconvenience. If the inconvenience is not remedied, or the terms or
rules are breached, the consent is revoked.
The landfill of waste
section 34 authorizations for an activity involving the disposal of
waste may be notified only if the operator for
the performance of the obligations of
landfill operations set security according to Chapter 16. paragraph 3 of the
or take any other appropriate action for such
the enforcement. Law (2007:660).
35 § the operator shall charge for all costs
relating to the landfill site. In the cost calculation shall include all
costs to establish and operate the landfill and, as far as
is possible, any costs which are necessary for the performance of
the obligations of landfill operations.
Law (2002:175).
Geological storage of carbon dioxide
section 36 Licences for geological storage of carbon dioxide may be given
only if the operator set security according to Chapter 16.
paragraph 3, or take any other appropriate action to
ensure fulfilment of the obligations of
activities under this beam, Act (2004:1199)
the emissions trading scheme as well as the regulations and licence conditions
granted under these laws. Law (2012:430).
THE FOURTH CHAMBER
EXAMINATION OF CASES
16. General examination
The assessment authorities
section 1 the Government, provincial governments and other
managing authorities, municipalities, land and
environmental courts, land and environmental Court of appeal and the Supreme
the Court hears cases and cases under this beam or
in accordance with the provisions adopted on the basis of the beam. In question
If the examination of the case if the penalty or forfeiture under 29
Cape. However, what is prescribed for criminal proceedings in
General.
Detailed provisions concerning the objectives and the matters which are of
each respective review authority, see chapter 17. 1 to 4 sections, 18
Cape. 1-2 sections, 19. 1-2 sections, 21. section 1 and the law
(2010:921) if the land and Environment Court.
Decision or judgment about the revocation of permits, waivers,
approval and prohibitions against continued activities
review of the condition or conditions issued by
the licensing authority. Law (2010:923).
Permits, approvals and waivers
section 2 of the Permit, approval or exemption under the code or
According to regulations issued on the basis of the beam,
is given for a limited time and may be subject to conditions. At
modification of an environmentally hazardous activities may permit
limited to only relate to the change (change state).
In terms of emissions of carbon dioxide, nitrous oxide, or
perfluorocarbons, which means that an activity falls within the scope of
obtain a permit under the Act (2004:1199) on trade in
allowances, however, it may not be decided conditions if
emission limitation or conditions by regulating
use the amount of fossil fuel is aimed at limiting
carbon dioxide emissions.
The second paragraph does not apply to conditions in terms of
1. carbon dioxide is needed to prevent emissions from a business
with the geological storage of carbon dioxide or activities with
the capture, compression, or the transport of carbon dioxide for
such storage, or
2. nitrous oxide or perfluorocarbons are needed to prevent
significant local pollution. Law (2012:430).
2 a of the Government may announce further provisions concerning
such a time limit referred to in paragraph 2 of the first paragraph.
Law (2012:430).
2 b of the licensing authority shall not decide on the basis of section 2 of the
conditions in terms of environmental noise simply because of a
residential building in the area, if
1. residential building is part of an area with detailed plan or
subject to a building permit under the planning and building Act (2010:900)
and the plan described to the plan or in the permit has
specified expected noise levels, and
2. the conditions would mean stricter requirements regarding
ambient noise than what follows from these values.
Despite the first paragraph, conditions that involve more stringent requirements
deciding whether, having regard to the occupants ' health
serious reasons for it.
Such complementary residential buildings, as referred to in Chapter 9. 4 a of the plan-
and building Act should never give rise to conditions in terms of
environmental noise. Law (2015:670).
section 3 Authorisation, approval or exemption under the code or
in accordance with the provisions adopted on the basis of the beam, for their
validity be made dependent upon the one who intends to carry on
activity set security for the costs of the
remedying of environmental damage and the other
recovery actions may give rise. The State,
municipalities, county councils and municipal unions need not, however,
provide security. The who is obligated to pay the fee or
provide security under the Act (2006:647) on financial measures
for the handling of waste products from nuclear activities
do not need to provide security for the activities covered by
such fees and collateral.
A security shall be admissible if it is shown to be satisfactory for its
purposes. Security can be set gradually according to a plan that
at each time meets the current need for security.
The security shall be considered by the licensing authority.
Law (2007:661).
section 4 of the State to a facility for wind power may be given only
If the municipality where the property is intended to be constructed has
ratified it.
The first subparagraph shall not apply where the Government has allowed
activities under Chapter 17. Law (2009:652).
section 5 was repealed by law (2010:882).
section 6 of the Licence, authorisation or exemption may be refused on that
has not complied with its obligations under previous state,
approval or exemption. The same applies if any previous
failed to apply for the necessary permits, approvals
or dispensation. Such failure may have been authorized,
approval or exemption is refused also if the applicant or any
that because of ownership or responsibility has substantial
relating to the applicant's activities, have or have had such
related to the business where failure has
occurred.
section 7 consideration under this beam, account shall be taken of:
other activities or special facilities that may be adopted
be necessary for the business to be exploited in a
effectively.
section 8/expires U: 2016-05-01/
If two or more who conducts or intends to conduct
a business will agree to take measures to
prevent or counteract inconvenience to human health and the
the environment, the conditions referred to in paragraph 2 include two
or more activities. As a precondition for this is true
that opportunities to comply with environmental quality standards in accordance with Chapter 5.
increases or benefits from health and environmental point of view is achieved on
any other way.
Questions referred to in the first subparagraph shall be determined by common
decision on authorisation includes conditions for activities
or by separate decision with common conditions.
Law (2010:882).
section 8/shall enter into force in: 2016-05-01/
If two or more who conducts or intends to conduct a business will agree to take measures to prevent or discourage nuisance to human health and the environment, the conditions referred to in section 2 of the first subparagraph may comprise two or more activities. As a precondition for this applies to opportunities to comply with the environmental quality standards in accordance with Chapter 5. increases or benefits from the point of view of human health and the environment can be achieved in any other way.
Questions referred to in the first subparagraph shall be determined by joint decision for authorization containing conditions for activities or through separate decisions with the common conditions.
Law (2016:341).
section 9 Permits or exemption and revocation of authorisations or
exemption may be subject to the obligation to perform or pay for
1. specific study of the affected area,
2. special measures to preserve the touched area, and
3. special measures to compensate for the infringement in General
interests of the business.
This clause does not imply any restriction of a
avhjälpandeansvarigs obligations under 10 Cape.
Law (2007:660).
section 10 If a water operations have been carried out without permission,
the operator proof required in terms of the conditions
prevailed in the water before the operation was set in motion.
section 11 of the target or cases under this beam for authorisation or
waivers to various activities be considered simultaneously and
activities on the basis that they relate to the same resource or
for any other reason cannot be exercised alongside each other in
accordance with the applications, the operations if possible
be adjusted so that they can come into existence without material detriment
for any of them. If such an adjustment is not possible, shall
preference will be given to the activities that best match 3
Cape.
The first subparagraph shall not apply where a community for the Special
the activities are formed according to the law (1998:812) with special
provisions for water operations.
Right to appeal
12 § Överklagbara judgments or decisions may be appealed by the
1. the judgment or decision concerns, if the decision has been
him or her,
2. a local trade union organizing
workers engaged in the activities referred to in the decision, as far as
referring to judgments and decisions on matters of State to environmentally hazardous
activities,
3. a central workers ' organization under the Act (1976:580)
participation in working life, the corresponding organization at
employers ' side as well as an Association of consumers,
as regards the decision as a County Council or a central
the managing authority has announced the authorization
According to chapter 14, provided that the decision does not relate to a
in particular cases, and
4. the authority, municipal board, or else as
that is specifically prescribed in the beam, in regulations
announced on the basis of the beam or the Act (2010:897) if
gränsälvsöverenskommelse between Sweden and Finland, have the right
to appeal.
This clause does not imply any restriction of the right to
appeal under the provisions of the code of judicial procedure.
Law (2010:898).
13 § Överklagbara judgments and decisions on licensing, approval
or waiver under this beam, repealing the protection of
areas under Chapter 7. or if supervision under 10 Cape. or in the
such questions according to the instructions given with the support of
the beam, may be appealed by a nonprofit organization or another
legal person
1. has the main purpose to protect nature conservation-
or the interests of environmental protection,
2. not-for-profit,
3. has conducted operations in Sweden for at least three years, and
4. have at least 100 members or otherwise indicate that
the business has public support.
The right to appeal under the first paragraph also applies if
the appeal concerns only one condition or another
provision of the judgment or decision and although the judgment or
the decision is the result of a review in accordance with Chapter 22. section 26,
24. 2, 3, 5, 6 or 8 § this beam or a trial
According to Chapter 7. (13), (14) or section 16 of the Act (1998:812) with special
provisions for water operations. The right to appeal under
the first paragraph does not apply to judgments and decisions concerning
The armed forces, the Swedish fortifications Agency, the Swedish defence materiel administration
or the national defence radio establishment.
Anyone who wishes to appeal under the first or second subparagraph
to do it before the time for appeal has expired for
Parties and sakägarna. Law (2010:882).
section 14 of the provisions of section 13 if certain non-profit associations law
to appeal applies in the case of shore protection also for a
non-profit association according to its statutes has the objective to
protecting outdoor interests. Law (2009:532).
Chapter 17. The Government's tillåtlighetsprövning
Mandatory tillåtlighetsprövning
section 1 the Government shall examine the admissibility of new activities
similar to the following:
1. facilities for nuclear activities which are, by
the Government under the Act (1984:3) concerning nuclear activities
as well as facilities for breaking uranics or
other substances that can be used for the production of
nuclear fuel,
2. General shipping lanes, and
3. geological storage of carbon dioxide, if the business does not concern the
storage for research purposes of less than 100 000 tonnes
carbon dioxide. Law (2012:442).
2 § if there are special reasons, the Government of a particular
case refrain from examining the activities referred to in paragraph 1.
Tillåtlighetsprövning for reservations
section 3 of the Government receives for a given case reserve the examining
permissibility of an activity which falls outside the scope of the requirement
review under section 1, if
1. activities in consideration of the interests of this beam
According to Chapter 1. § 1 shall promote can be presumed to have significant
scope or get rid of intervention types,
2. activities outside an area listed under 7
Cape. section 27 can be adopted more than insignificant damage within the natural value
area,
3. the activities covered by the provisions of Chapter 4. paragraph 6 of the third
paragraph.
The right to the subject under the first paragraph 2 applies only
activity that is subject to licensing requirements under the code or according to
the provisions adopted on the basis of the beam.
If a case or matter under this beam are underway
application review of operations, the Government immediately
provide notice of the caveat to the State testing
land and Environment Court or authority. Law (2010:923).
4 section in the context of an activity referred to in paragraph 1 or
section 3 of the Government must reserve the examination of admissibility
of another activity, if application is made for permission to both
activities and these are linked to each other or if
It is a question of adjustment or preference between activities
According to Chapter 16. 11. For such a reservation concerning paragraph 3 of the third
paragraph.
4 a of The City Council's request to the Government to reserve
to tillåtlighetsprövningen of a new activity of any of the
following, if such a reservation is possible under paragraph 3 of
and there is no particular reason to refrain from
the trial:
1. iron, steel and other metal works and ferrolegeringsverk,
2. pulp mills and paper mills,
3. factories for refining of crude oil or heavy
petrochemical production,
4. plants for the production of basic chemicals or
fertilisers,
5. cement plants,
6. combustion installations which have a rated thermal input of
at least 200 megawatts;
7. facilities for wind energy which is subject to licence
According to the rules that the Government has communicated with the support of
Chapter 9. section 6,
8. installations for the storage of at least 50 million
normal cubic meters of natural gas,
9. installations for the processing of hazardous waste which
the bulk of the waste referred to be treated comes from
other establishments and in which more than 10 000 tonnes of hazardous waste
annually burned or otherwise recycled or
disposed of,
10. installations for the extraction of substances or materials within the
areas referred to in Chapter 4. section 5,
11. construction of platforms that are designed to be used in the
extraction of oil or gas in the sea areas as well as other than
totally temporary anchoring or mooring of such
platforms for repair, conversion or by any other
reason,
12. hydroelectric plants which are intended for an installed
generator power output by at least 20 megawatts,
13. water regulations whereby a reservoir of at least
100 million cubic meters in the year or ten million
cubic metres during the week should be used,
14. water transfers or other water bortledningar from
rivers or lakes with a normal unregulated
lågvattenföring of at least ten cubic meters per second in
bortlednings point or spout, if thereby such
amount of water taken into the claims that the water level is below
four-fifths of the normal non-performing lågvattenföringen,
15. the groundwater for the purpose of a greater
the amount of water than 10 000 cubic metres a day, if not at least nine
tenths of the withdrawn water returns to the
groundwaters magazine,
16. other water regulations, water transfers and
water bortledningar than specified before, if the business
refers to any of the Lakes of Vänern, Vättern, Mälaren, Hjälmaren,
Lake storsjön in Jämtland or Lake Siljan and the company likely to get
significant extent or get rid of intervention types, and
17. airports with a basic runway length of 2 100 m minimum.
Law (2009:652).
Intelligence
§ 5 an authority or municipality that in its field of activity
become aware of an activity referred to in paragraph 3 shall inform the
Government operations.
The Transport Department will annually notify the Government about the construction of
roads and railways which are covered by the first paragraph.
Law (2012:441).
Conditions for admissibility
section 6 of the Government may authorize an activity referred to in paragraph 1,
only if the City Council has approved this.
The same also applies to the Government's condition for admissibility
as regards the activities referred to in section 3(1) 1
or section 4, if they concern other than water operations or
traffic facilities.
If the national point of view is very important to
the operation comes about, the Government nevertheless that
the first and second paragraphs, allow
1. an activity listed in section 1, in the case of
storage or disposal of nuclear materials or
nuclear waste, and
2. the activities referred to in paragraph 4 (a) 6-9.
The third paragraph does not apply if another location is deemed to be
more appropriate for business or on a suitable place has
assigned for the operations of another municipality that may be adopted
accept a position. Law (2009:652).
6 a of the Government may allow a new nuclear reactor only
If the new reactor is intended to
1. replace a nuclear reactor after 31 May 2005
been in operation to extract nuclear energy and that will
be permanently banned after the new reactor is taken into
commercial operations, and
2. be erected at a site where a nuclear reactor after 31
May 2005 has been in operation to extract nuclear energy.
With a permanently banned nuclear reactor referred to the same
as in section 2 of the 4 teams (1984:3) about nuclear activities.
Law (2010:945).
Special conditions
section 7 if the Government finds that an activity may come to
a position under this chapter, the Government may decide on
special conditions for meeting needs in the general interest.
On the activities relating to the geological storage of carbon dioxide,
the Government also provide conditions necessary to take account of
comments of the European Commission has submitted in connection
with tillåtlighetsprövningen. Law (2012:430).
Less deviation
section 8 if there are special reasons, the County Board may allow an
less deviation from an admissibility decision concerning a
road or rail. Law (2012:441).
Chapter 18. The Government's review of the appeals, etc.
section 1 the Government hears on appeal
1. decisions of the State authorities in matters relating to the formation,
amendment or repeal of national parks, nature reserves,
cultural reserves, natural monuments, nature protection areas,
environmental protection areas or water protection areas, but questions about
compensation,
2. the decision of the general medical practitioner under the girder or according to
regulations issued on the basis of the beam,
3. decisions of the County Administrative Board according to chapter 17. section 8, to allow a
less deviation, and
4. other decisions for which it is prescribed that they should
be appealed to the Government. Law (2012:441).
section 2 of the Government's review of the matters referred to in chapter 17. § 1 place
After the surrender, if the permit is valid for the business.
19. Administrative authorities and local government review
General examination
1 § administrative authorities and municipalities are trying cases
According to what is prescribed in the code or in accordance with
regulations issued on the basis of the beam.
Local decisions in matters relating to the establishment, amendment or
repeal of nature reserves, cultural reserves, natural monuments,
Habitat protection areas, veterinary and plant health areas,
riparian protection areas or water protection areas, but questions about
compensation, may be appealed against to the County Administrative Board unless otherwise
legally required. Municipal Councils ' decisions in specific
cases may be appealed against to the County Administrative Board, unless otherwise
legally required.
The county administrative boards and other State authorities ' decisions in
special cases may be appealed to the land and Environment Court
According to chapter 21. Article 1, second paragraph. The same applies to the decision of
an authority other than the Government to create, modify, or
suspend a habitat protection area. Law (2010:923).
section 2 If an administrative authority or a municipality finds that a
activity or action can only be authorised under Chapter 2. § 9
the first paragraph or section 10 or under Chapter 7. section 29,
the managing authority or municipality with its own opinion
submit the matter to the Government's decision. The same applies if the
the Government shall examine admissibility in accordance with chapter 17, section. 1 § or
If the Government has reserved the examination of admissibility
According to chapter 17. section 3.
That there is an obligation to inform the Government if
activities under Chapter 17. paragraph 3 is evidenced by chapter 17. § 5.
Law (2001:437).
section 3 of Chapter 21. 3 § if examining in land and
Environmental Court is also applicable to a County Administrative Board dealing with an
tillståndsärende or dealing with a notification dossier referred to in
11 kap. 9 a of the first subparagraph, if the matter would otherwise have
piloted by a municipality. Law (2010:923).
Government control of beach protection dispensers
3 a section Of a municipality provides an exemption from the provisions of Chapter 7.
section 15, the municipality of send the decision to the County Administrative Board.
Law (2009:532).
3 b of the County Board shall examine a municipality's decision to give
an exemption from the provisions of Chapter 7. section 15, if there are reasons
to assume that
1. There are no conditions for exemption, or
2. a deficiency in the handling of the may have had significance for
the outcome of the case.
The County Board shall, within three weeks from the date of the municipal
the decision came in to the County Administrative Board to decide whether it
no such review reasons provided for in the first subparagraph
and decide on the issue of a trial should take place or not.
The County Board's decision may not be appealed.
The County Administrative Board to rescind the derogation decision, unless there is
conditions for exemption. Law (2009:532).
Especially if the trial of environmentally hazardous activities
section 4 of the county administrative boards or the municipal councils shall
1. announcement in the local newspaper or in any other appropriate way
prepare the activities that may be affected by the opportunity to be heard
itself,
2. consult with the State and municipal authorities
essential interests to safeguard in the matter,
3. keep meeting of the matter concerns and survey at the
the place if necessary for the investigation of the case, and
4. inform the person who made an application or come with
comments by someone other than him or her self and give
him or her the opportunity to make known their views subject
by section 17 of the Administrative Procedure Act (1986:223).
§ 5 in a case heard by the County Administrative Board or a
the Municipal Board, the Board of directors or the Board apply
the provisions
1. in Chapter 22. Article 1, first subparagraph, and (c) and (d) sections of
the form and content of the application,
2. in Chapter 22. section 2 of the application submission and deficiencies in it,
3. in Chapter 22. 2 a section about the trials referred to in Chapter 24. 3, 5 and
8 §§,
4. in Chapter 22. § 3 If the announcement content,
5. in Chapter 22. section 6 on access to justice,
6. in Chapter 22. section 9 on the right to represent real estate,
7. in Chapter 22. section 12 of the experts,
8. in Chapter 3. section 4 of the Act (2010:921) on land and environment courts
If the investigation at the scene,
9. in Chapter 22. 25 section 1-3 and 5-11, second paragraph
the last sentence of the third paragraph and as well as 25 a-25 c, 25 f and
25 g of § § if State childhood content,
10. in Chapter 22. section 26 of particular judgment,
11. in Chapter 22. 27(1), second subparagraph, second
the sentence and the first sentence of deferred
questions and provisional regulations,
12. in Chapter 22. section 28 of the first sentence of the first subparagraph of
enforcement decree, and
13. in Chapter 23. paragraph 3, as regards the special appeal in matters
If the experts referred to in Chapter 22. section 12. Law (2014:269).
20 chapter. Was repealed by law (2010:923).
21. Goals in the land and Environment Court
section 1 of the land and Environment Court hears case of first instance
If
1. environmentally hazardous activities that are, according to the application case 1 a of the
the first subparagraph,
2. water operations and water plants under Chapter 11.
and the law (1998:812) with specific provisions on the
water operations, except for activities related to land drainage
which shall be adjudicated by the County Administrative Board and security classification
of the ponds,
3. mark avvattningar that according to law, with specific
provisions for water operations have been transmitted from
the County Administrative Board or notified by a surveyor,
4. compensation for damage and trespass pursuant to Chapter 28. 2-5 paragraphs,
5. remuneration and redemption at the intervention of the General
under this beam and at the water operations, unless otherwise
specifically provided for,
6. compensation for environmental damage and redemption under Chapter 32,
Action for prohibition or precaution under Chapter 32. section 12
as well as a class action under Chapter 32. section 13,
7. the allocation of liability among several under 10
Cape. 6 and 7 sections on action by any of the joint and several
responsible,
8. the imposition of penalties pursuant to an order that has been joined
with a penalty with the support of the beam, after application of the
authority which has decided the decision imposing the periodic penalty payment or, if
the decision imposing the periodic penalty payment has been agreed in the proceedings, with
application of the second subparagraph of paragraph 6 of the law (1985:206) of the white,
9. the apportionment of costs for the joint use of
information as to articles 27(6) and 30(3)
in European Parliament and Council Regulation (EC) No 1907/2006
of 18 december 2006 concerning the registration, evaluation,
authorisation and restriction of chemicals (Reach),
a European Chemicals Agency, amending Directive
1999/45/EC and repealing Council Regulation (EEC) no
793/93 and Commission Regulation (EC) No 1488/94 as well as
Council Directive 76/769/EEC and Commission directive
91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC, and
10. cost liability for property owners in accordance with Chapter 10. § 9.
Land and Environment Court, unless the context otherwise requires,
after appeals under Chapter 19. paragraph 1, third subparagraph,
the county administrative boards and other State authorities ' decisions according to
this beam or regulations issued pursuant
code as well as under the law, with specific provisions on the
water operations. The land and Environment Court after
appeal decision on hearing the enforcement service
Executive assistance shown in chapter 26. paragraph 17, second paragraph.
Law (2014:114).
1 a of the Application targets is objective
1. If the conditions for environmentally hazardous activities referred to in Chapter 9.
paragraph 6 should not be heard by a county administrative board or the municipality
According to regulations issued pursuant to Chapter 9. section 8,
2. If permission to water operations under Chapter 11. 9 §
not to be heard by a County Administrative Board,
3. where authorisation as referred to in Chapter 11. section 16 of the performed amendments
or repair work or actions which are contrary to
announced rules on containing and bottling of water,
If the work or measures relating to a land drainage that
shall be examined by the State Provincial Office,
4. If the authorization under Chapter 11. to the tearing down of a
water system or authorisation in accordance with Chapter 11. section 22,
5. on the extension in accordance with Chapter 24. section 2 of the second paragraph of
implementation period or the period within which the activities will
have been undertaken,
6. where the withdrawal or prohibition against continued activities under
24. section 3,
7. If the review referred to in Chapter 24. 5-9 sections that will not be examined by the
a county administrative board or the municipality according to the regulations
issued under Chapter 9. section 8,
8. under Chapter 7. section 1 of the Act (1998:812) with special
provisions for water operations, and
9. for relief under Chapter 7. 13-15 § § the Act with special
provisions for water operations.
Land and Environment Court may decide that an application objectives
applies exclusively to a specific or particular interest owners shall be treated
According to the statement of objectives, in accordance with Chapter 7. the law with
certain provisions for water operations, if the applicant admits it
and the target can be determined with binding effect only against these
case owners. Law (2012:907).
section 2 of the action in case that is not referred to in paragraph 1 (a) is the application target is brought
through the application, unless otherwise specifically
before written. Concerning some lawsuit case
regulations in Chapter 7. Act (1998:812) with special
provisions for water operations. The target that has been appealed
to the land and Environment Court are dealt with under
the provisions of Chapter 5. Act (2010:921) on land and
environmental courts. Law (2010:923).
section 3 Also in other cases than those referred to in chapter 14. 1-7 sections
the code of judicial procedure, case or matter under this beam
be handled in one single trial, if they have the same applicant
and relate to the same activity or activities relating
with each other. If the land and environment court hearing such a
case or case, an application in another such case
be made to the Court, even if the case would have been tried
by an administrative authority or municipality. If a case
been tried by an administrative authority or municipality are dealt with
in common with the application target, does not apply to what is said in the 5
Cape. 1-4 of the Act (2010:921) if the land and Environment Court.
The land and Environment Court, in dealing with a case
or the case referred to in the first subparagraph to reserve the
the trial of another such case handled by a
administrative authority or a municipality.
By way of derogation from the first and second subparagraphs if cases concerned
only those cases where the Agency's key not
Finally, an appeal to the Government. Law (2010:923).
4 section Raises some proceedings in the land and Environment Court if the ban
towards environmentally hazardous activities or on the obligation of the
exercising or intends to exercise such activity to take
precautions and the issue of permits to the business
under this beam during testing or during the
trial before the land and Environment Court has ruled on the case,
land and Environment Court does not decide the case until
the permitting issue has been tried. Law (2010:923).
5 § has a supervisory authority with support of 26 kap. section 9 first
subparagraph banned environmentally hazardous activities or decided that the
who conducts or intends to conduct such activities shall
take precautions and requested authorization under this beam,
can land and Environment Court, if the applicant set security for
cost and damage, deciding that the regulatory authority's decision
may not be enforced until the permit issue has been resolved
or the Court provides otherwise.
In the case of battle of security applies to Chapter 2. section 25
the enforcement code. The security shall be examined by the Court of Justice and
be kept by the provincial government. Law (2010:923).
section 6 of the repealed law (2010:923).
section 7 of the land and Environment Court finds that an activity
or action can only be authorised under Chapter 2. section 9 first
paragraph or section 10 or under Chapter 7. section 29, to land and
Environmental Court, with its own opinion, submit the matter to
Government for consideration. The same applies if the Government should
examine admissibility in accordance with chapter 17, section. paragraph 1, or if the Government
has reserved the examination of admissibility pursuant to 17
Cape. section 3.
If the land and Environment Court finds that an objective of
the Court also concerns another general interest of extreme
weight than those referred to in Chapter 1. section 1, the Court of
own opinion, transfer the case to the Government for consideration.
The same applies if the environmental protection agency or the marine and
water authority requests that the goal of such a reason,
handed over to the Government. It is a State
decisions relating to the armed forces,
The Swedish fortifications Agency, the Swedish defence materiel administration, or
National defence radio establishment, the Court shall always en
opinion, submit the case to the Government for consideration.
Law (2011:608).
22. Proceedings before the courts of the land and the environment
application objectives
§ 1 an application in an application goals must be in writing. The
should contain
1. the drawings and technical descriptions with details of
conditions of the site, production quantity or other
similar task, and the use of raw materials, other
inputs and topics such as energy use,
2. data on sources of emissions, the nature and quantities of foreseeable
emissions as well as proposals for the measures which might be taken on the one hand,
to prevent the production of waste, and to
preparing for re-use, recycling and other
recycling of the waste facility,
3. an environmental impact assessment as required in Chapter 6.
and information on the consultations which have taken place in accordance with Chapter 6. 4 and
6 §§,
4. draft safeguards or other precautions
as well as the other information needed to assess how the
General care-rules in Chapter 2. are followed,
5. proposals for the supervision and control of the business,
6. the programme of action and the safety report required
under the Act (1999:381) on measures to prevent and
control of major chemical accidents, if the
activity or action that the proceedings are covered by the
the law,
7. a status report when required by regulations that have
delivered with the support of 10. 21 paragraph 5, and
8. a non-technical summary of the information specified in
1-7.
In case of water operations, the application shall also contain
1. indication of the existence of real estate affected by
vattenverksamheten or not, and if applicable, the name and
address of owners and the holders of special rights to
the properties, and
2. information on the amount of compensation which the applicant offers
each case owners, if not because of the company's
scope should be delayed with such data.
In Chapter 7. section 4 of the Act (1998:812) with specific provisions on the
water operations there are rules about what a
the application in some cases to contain in case of water operations.
Regulation (2015:232).
1 a of an application for a permit for geological storage of
carbon dioxide, in addition to those mentioned in paragraph 1, contain
1. indication on who operates or intends to operate
storage operations,
2. a description of the technical competence of the operator
and documents confirming competence,
3. a description of the geological formation properties,
the storage location and the area around the storage location that with
into account the geological conditions are important for
storage integrity and security,
4. the total quantity of CO2 to be stored,
5. a description of where the carbon dioxide shall be added
the storage site is going and how it will be shipped to
the place of storage;
6. information on the composition of the CO2 stream that will be
be added to the repository (injected),
7. data on injection rates and the injection pressure,
8. a description of the facility that will be used to
Add CO2 to the storage site,
9. an assessment of the expected storage security;
10. data showing that the financial security that
required under Chapter 15. 36 section will be valid and in force
before the CO2 is supplied at the place of storage;
11. a proposal for a plan for monitoring
the place of storage;
12. a draft plan for maintenance after the
the storage site has been closed for further supplies of
carbon dioxide, and
13. a proposal for a plan of action needed to
remediate risks for CO2 emissions. Law (2012:430).
1 b of an application for authorisation for a new
combustion plant with a nominal electrical power on
300 megawatts or more, in addition to those mentioned in paragraph 1 of the first
subparagraph shall contain a statement of the
1. If there is available and suitable geological
storage sites for carbon dioxide where carbon dioxide from plant
can be stored,
2. the technical and financial conditions for transport
of carbon dioxide to the possible storage locations, and
3. the technical and financial conditions for the following
start-up install the equipment needed for
capture of carbon dioxide from the plant. Law (2012:430).
1 c § application for amending a permit under Chapter 16 of the. paragraph 2 shall
contain a statement of the current state and condition
as well as the information referred to in paragraph 1(1), 1-8 needed
for the assessment of the scope and its impact on
human health and the environment. Team (2013:758).
paragraph 1 (d) A request for authorisation to a facility where a
cost-benefit analysis should be carried out in accordance with section 3 of the Act (2014:268)
If some cost-benefit analyses in the field of energy, in addition to
as set out in article 1, first paragraph contain
1. a statement of the findings of a cost-benefit analysis
approved in accordance with the law, and
2. the decision on the approval of analysis under the same law.
The first paragraph also applies when the application relates to a permit amendment
According to Chapter 16. paragraph 2 of the first paragraph. Law (2014:269).
section 2 of the application documents shall be filed in the number of copies
as land and Environment Court finds appropriate.
The application documents have not been submitted in a sufficient number of
copy or find land and Environment Court that the application is
incomplete, the Court shall submit to the applicant to remedy
the shortage in some time. The applicant does not comply with an injunction,
the Court may order that the omission to be remedied at the applicant's
expense or, if the defect is so substantial that the application does not
can be the basis for the examination of the case, reject the application.
Law (2010:923).
2 a § in the case of environmentally hazardous activities is the receiving
permit, exemption or approval at the examination of the issues
referred to in Chapter 24. 3, 5 and 8, sections required to provide the
study on the activity and other conditions needed
for the trial. Land and Environment Court may submit to him
to provide the necessary investigation. The order may
combined with a penalty. Law (2010:923).
3 § If an application admissible, it shall mark and
environmental issue the proclamation. The notice shall contain
1. a summary of the application and in case of
water operations of the property that can be touched,
2. an indication of the content of paragraph 7, if it can not be left at
other appropriate manner, as well as an indication of the content of 10 and
19 sections,
3. final date for comments pursuant to section 10,
4. a notice of summons and other messages
in proceedings for the parties should be inserted into all or some
named ortstidningar and that, if they are not especially sent
to a party, will be available at the store;
and
5. the name and address of depository Act.
Land and Environment Court shall appoint one or more persons
to keep a copy of the case file
(Act activists).
The proclamation shall immediately be entered in the local newspaper. A transcript of the
the proclamation shall, in matters of water operations sent to each
interested parties as specified in the application or as otherwise
is known to the Court.
If the application relates to real property that is common to multiple
real estate, need some printing of the notice not be sent
to the specific members of the community. There is a known
Board of Directors of the Association, a copy of the notice
be sent to the Board. Law (2010:923).
3 a of If a proclamation under section 3 refers to an activity or
action covered by the Act (1999:381) concerning measures to
the control of major-
chemical accidents, the notice shall contain a statement
this. Regulation (2015:232).
section 4 of the Land and Environment Court shall send a copy of
application documents and of the proclamation to the
The environmental protection agency, marine and water,
Kammarkollegiet, the Swedish civil contingencies Agency,
the County Administrative Board and the relevant municipal councils
fulfilling tasks in the field of environmental and health protection.
Documents need not be sent over, if it can be assumed
to the General fishing interest or any other General
interest is not affected by our operations.
The notice should also be sent to the concerned municipalities and other
authorities whose business can be affected by the application.
If the proceedings relate to the geological storage of carbon dioxide, the Court shall
always send a copy of the dossier to the
Geological Survey and the European Commission
and inform them about the documents in the Act of sub-custodians
proceedings are available. This should be done within one month from the
the application came before the Court. Law (2012:430).
paragraph 5 of the notice shall be served on the
1. the Board of directors or anyone else who manages one of the application
the relevant channel or sluice-gate facility or other general shipping channel
or a port or public, retrieved 11 July 2010
2. the Board of Directors of one of the application affected water Association and
the Board of directors or anyone else who manages an interested
community in accordance with this Act or the equivalent older
provisions,
3. the owner of a facility for the disposal of
Hydro power, if the application refers to the utilization of the
acquired power,
4. the owner of the power falls real estate from which the unit force
provided, in the case of an application pursuant to Chapter 7.
1 paragraph 3 Act (1998:812) with special
provisions for water operations, and
5. the holder of the authorization referred to in an application
According to chapter 21. 1 a of the first subparagraph 6 or 7 the environmental code.
Law (2010:923).
section 6 of the environmental protection agency, marine and water,
Kammarkollegiet, the Swedish civil
preparedness and the provincial government will, when necessary, bring an action
in the aim to protect environmental interests and other
public interests.
A municipality may bring an action in order to safeguard environmental interests
and other public interests within the municipality. Law (2011:608).
section 7 of the Owners of properties affected by a claim in an action for
water operations, to the land and Environment Court provide
holders of easements, usufruct or right of electric
the power granted in the property. During the song's this without
valid reasons and occurs due to this damage for such
interested parties, the property owner shall compensate for the damage.
Law (2010:923).
section 8 Is a player declared or otherwise become known
for the land and Environment Court only after the proclamation
has been issued and has not been party submissions, shall
adequately party be given the opportunity to comment.
The handling of the case, however, may not be sustained.
Law (2010:923).
section 9 If there is dispute about a property that is affected by it in the
the goal intended operations, has the one of the disputing that holds
property with property rights claim the right to represent
the property in the target until the legally acquired from
holder.
A new owner may not be disruptive whether agreements that the
former owner has entered into or other actions taken
of the case and which is binding for the former owner. If the former
the owner has received notifications and summonses in goal, needed
No new messages or calls to the new owner.
section 10 comments on the application must be made in writing and submitted
to the land and Environment Court in the number of copies
the Court considers necessary and within the time that the Court has
particularly. A copy shall be sent to the applicant.
Law (2010:923).
section 11 of the continued preparation of the case can be written
or oral.
Land and Environment Court shall during the preparation make sure that the
the investigation of the case, the focus and scope of
required.
Land and Environment Court determines what a oral preparation
shall refer to and the Parties shall be summoned to the preparation.
The summons shall be served on the parties or be published in the local newspaper.
At the oral preparation, a default judgment cannot be granted.
The parties may invoke the Scriptures that they have given in. A
explanation should be given of the Scriptural content.
Law (2010:923).
section 12 Of the assessment of the case needed someone special
investigation or preliminary examination, can land and Environment Court
appoint one or more experts that after preliminary
survey give verdict in the case. Such investigation shall
be implemented as soon as possible. If necessary, in the light of
target's nature or the purpose of the investigation, the
the Court in an appropriate manner, inform the parties of the time of
the survey. Law (2010:923).
repealed by law 13 (2010:923).
section 14, at the request of the applicant, the land and Environment Court without
main hearing may decide that measures may be taken to
prevent or reduce damage or inconvenience, before issue
If such measures are finally determined. Which conditions apply to the
applicants with the County Administrative Board set security for the compensation
that the applicant may be required to pay on the basis of
measures. In the case of battle of security applies to Chapter 2. section 25
the enforcement code.
The decision is valid immediately, but it can be changed when
conditions causing it. Law (2010:923).
section 15 it is clear from a report under section 12, or in any other
way of the requested operations concern real estate that has not been
specified in the notice referred to in paragraph 3, the land and
Environmental Court, pursuant to the said section to give owners and
holders of special rights to such real estate
opportunity to be heard.
If it is more appropriate, land and Environment Court call
sakägarna to the main hearing in the case. The summons shall
at least eight days prior to the main hearing must be served on the sakägarna in
the order applies to service of summons in civil proceedings.
Law (2010:923).
16 § when the case is ready for hearing, the land and
Environmental Court, determine the time and place for it.
If the main hearing is manifestly unnecessary, require such
a hearing will not be held. If the parties request it, the dock
be held. To the goal or the case could be decided on
documents shall be specified in the notice. In the matters referred to in
second subparagraph of paragraph 26 of the main hearing need not be held.
The same applies in the cases referred to in chapter 42. section 18, first paragraph
1, 3 and 4 the code of judicial procedure.
Notice of the time and place of the hearing shall, in good time
left parties in the order determined for callings
to them, If there is reason, the notice
provided an indication of the issues referred to at
the main hearing.
If any party should appear in person at the
the main hearing, the land and Environment Court shall submit to the
liquidated damages. The notice must be served.
The main hearing may be held, even if one party fails to materialize from it.
Judgment by default shall not be notified. Law (2010:923).
section 17 Of the land and Environment Court finds that a case can be investigated
without preparation, the Court in the Decree immediately call
the main hearing in the case. Then 3-9 and 12-16 sections.
The main hearing may be held no earlier than three weeks after the
Proclamation took place. Law (2010:923).
18 repealed by law (2010:923).
§ 19 claims for compensation as a result of water operations
or an action under Chapter 11. section 22 and comments in the reason
of opinion on operations conducted under section 12 shall be produced
in writing or orally at the latest at the main hearing.
Land and Environment Court may reject later obtained
submissions and comments, if they have not prompted by
observations at sight or by other circumstances that have
occurred during the main hearing. Law (2011:1100).
section 20 of the main negotiations beginning should the President or any
another Member, a brief outline of the application and the claims that have
been made in the case. For the investigation of issues of a technical nature,
the parties rely on submitted papers. A statement must be submitted
for scriptural content.
When a deferred hearing the objective shall be resumed in
the same condition as it had at the end of the previous hand facility.
They have members at the later meeting serving in
the Court has not participated in the previous proceedings, shall
However, the case for a new hearing. Evidence that has
raised at earlier processing need not be included on the
If it can be assumed to be without significance that it picked up or
If it would entail unreasonable expense or extreme
nuisance.
paragraph 21 of the land and Environment Court judgment will be based on what
have occurred in sight and another hearing before the Court of Justice
and on what the documents contain.
The judgment shall be notified as soon as possible, taking into account
target species and circumstances. If there is no
serious reasons shall, if the main hearing, the judgment
be submitted within two months after the hearing
ended.
The obligation under Chapter 17. the seventh subparagraph of paragraph 9 of the code of judicial procedure
to inform the parties about the content of the judgment shall be deemed to
completed by a copy of the judgment is available
in the Act, activists who have been ordained.
Law (2010:923).
section 21A Of the land and Environment Court judgment relating to the authorisation of the
geological storage of carbon dioxide, the Court shall notify the
Geological Survey and the European Commission
If the content of the judgment and the Government's decision on the issue of
admissibility. This should be done when the judgment becomes final
force. Law (2012:430).
section 22 When it at the request of any party to a case if
others considered that the compensation which party has the right
to should be higher than what has been proposed by the applicant, the
land and Environment Court also for other parties take such
adjustments in the amount of compensation that may be needed to achieve
uniformity in the estimate. Compensation may not be
lower than what the applicant has offered in the case.
If special settlement has been reached between the parties,
compensation does not, however, be determined otherwise than as agreed.
Law (2010:923).
23 § if necessary, for the purposes of Chapter 6. section 18 of the third
subparagraph expropriations Act (1972:719), the land and
the environmental court appreciate the value that the property has
without a specific right which reduces the value of the property.
Law (2010:923).
section 24 before the land and Environment Court gives a judgment on the redemption
of a real estate deal, a map with description have
made out of the area and its boundaries have been characterised in the
regime applicable to real estate development. Law (2010:923).
paragraph 25 of the judgment means that the permission given to a business
shall, where appropriate, shall include:
1. the duration of the authorisation should apply,
2. the business purpose, location, scale, security, and
technical design;
3. oversight, inspection and control, such as emission control with
, specifying measurement methodology and frequency, evaluation procedure,
4. the obligation to pay compensation or to perform
loss prevention measures as well as how payment should be made,
5. the obligation to pay contributions,
6. the conditions on emissions, limit values and best available
technology
a) needed to adapt the application of such provisions
If precautions have been notified pursuant to this beam,
If regulations permit or require such
adaptation, or
(b)) or else needed to prevent or limit the harmful
footprint because of pollution,
7. the conditions that are needed on the management of chemical
products in the business, on the management can result in
inconvenience to the external environment,
8. the conditions needed for waste management, recycling and
reuse, management, recycling or
reuse may cause inconvenience to the external environment,
9. the conditions that are needed with respect to the management of
land, water and other natural resources,
10. the conditions needed for the purposes of remedying
environmental damage and the provision of security,
11. the conditions needed to prevent serious
chemical accidents and limit their consequences for human
health and the environment,
12. the other conditions needed to prevent damage to the
or inconvenience to others,
13. the period within which the claim in response to unforeseen
injuries may be produced,
14. the loss of water or anything that a licensee
According to chapter 31. 22 and 23 §§ is obliged to submit to without
compensation, and
15. legal costs.
If the authorization relates to works for water operations, the time
within which the works to be performed are specified in the judgment. This time
must not be more than ten years. In the case of environmentally hazardous activities should
It is stated in the judgment, the period within which the activities will be
been launched.
Land and Environment Court may entrust a supervisory authority
to decide conditions of less importance.
Further provisions about what a judgment in an action for
water operations and water facilities should contain, see
Chapter 7. section 6 of the Act (1998:812) with specific provisions on the
water operations. Law (2012:907).
25 a of a judgment that includes permission to store, Recycle
or dispose of waste must also always contain
1. list the categories of waste and the total
amount of waste that may be stored, recycled and
disposed of,
2. the method to store, retrieve, or
dispose of waste to be applied, and
3. the conditions required in the case of measures to monitor
and make sure that the obligations of
activities are met. Law (2011:734).
25 b of a decision include the permission to operate
with the incineration of waste must also always contain
1. data on the total capacity of the incineration plant for
incineration of waste,
2. a list of the quantities of the different categories of
hazardous waste may be incinerated,
3. in the case of hazardous waste may be incinerated, conditions
If the minimum and maximum flow, minimum and maximum
heating value and maximum content of impurities,
4. conditions of restriction values to be calculated
in accordance with the provisions adopted by virtue of Chapter 9. section 5,
5. conditions of the longest period of time during which the
technically unavoidable stoppages, disturbances or failures of the
the purification or measuring equipment must be such emissions by
air and water pollution that exceed the established
values, and
6. in the case of licences including energy recovery
condition that the energy recovery shall take place with a high
energy efficiency. Law (2012:907).
25 c § a judgment that includes permission to operate
with the disposal of waste must also always contain
1. the classes of landfill and hazardous waste, non-
hazardous waste or inert waste permit relates,
2. the conditions required in the case of actions before and during the
the operation of the landfill,
3. the terms and conditions, details of which can be predicted when the State
granted, required in the case of the closure of the landfill, and
4. the conditions that are required in respect of the obligation to report
on the types and quantities of waste that have been deposited.
Law (2011:734).
25 d § a judgment that includes permission to geological storage
of carbon dioxide shall, in lieu of the provisions for 25 a and
25 c section, also always contain
1. a description of the geological formation properties,
2. conditions for the exact location and delimitation of the
(a)) the storage site and the area around the store as
taking into account the geological conditions are important for
storage integrity and security, and
(b)) the facility that will be used to inject carbon dioxide
to the place of storage;
3. conditions of storage location's hydraulic properties,
4. conditions for the total amount of carbon that may be stored,
5. conditions of reservoir pressure limits,
6. a description of where the carbon dioxide shall be added
the storage site is going and how it will be shipped to
the place of storage;
7. conditions on the composition of the CO2 stream that may
be added to the repository (injected) and on the control of
carbon dioxide stream,
8. conditions of maximum injekteringstakt and
the injection pressure,
9. criteria for supervision under a specific monitoring plan
and if the action under a special plan for remediation
risks of carbon dioxide emissions, and that the plans are to be followed,
10. conditions relating to the responsible party shall satisfy itself
to those who are employed in the business has the skills
and training needed,
11. conditions of what should apply in connection with the
the storage location is closed for continued supply of carbon dioxide
and if maintenance after closure according to a specific plan,
12. conditions relating to the security required for the business
According to chapter 15. 36 § continuous to be valid and in
power,
13. information concerning the
(a)) the updating of the monitoring plan that can follow
of regulations that have been issued under this beam,
b) requirement of environmental report in chapter 26. section 20 and other
regulations with reporting requirements relating to geological
storage of carbon dioxide that has been granted pursuant to this
beam,
(c)) the provisions for the review and withdrawal of
condition of this beam, and
(d)) the requirement of notification to the supervisory authority in the
the event of leakage of CO2 or significant interference
resulting from the regulations that have been issued with the support of
this beam, and
14. the reasons for the deviation from the views expressed by the European
the Commission has submitted in connection with the Government's
tillåtlighetsprövning. Law (2012:430).
25 § a judgment includes a new
combustion plant with a nominal electrical power on
300 megawatts or more must also contain terms about
space will be allocated at the facility for the equipment
needed to capture and compress CO2, if
1. it is appropriate with regard to the protection of human
health and environment to set aside such a space,
2. it is technically and economically feasible to retrofit
equipment for carbon capture,
3. a suitable storage site available for carbon dioxide
from the facility, and
4. transport of carbon dioxide from the plant to such
the storage location is technically and economically feasible.
Law (2012:430).
25 f § a judgment involving a
combustion plant with a rated installed power
at least 50 megawatt should contain an indication of the procedures
should be followed by the disruption of the purification devices.
Law (2012:907).
25 g § a judgment that includes permission for such a
holding referred to in paragraph 1 (d) shall also contain a
presentation of the conclusions of the cost-benefit analysis that
conclusions shall be set out in the application for a permit to
plant. Law (2014:269).
section 26 at the request of the applicant, the land and Environment Court in
Special issue of the business judgment rule on the admissibility of
the question is not referred to in chapter 17. 1, 3 or 4 sections shall be considered by the
the Government.
If the Court found that the business is admissible and if
the business's early implementation is urgently required, the Court may, in
particular they authorize the works which need
be carried out. The main hearing need not be evidenced by
16 section.
Communicated to the special verdict, may order the environmental court proceedings in
other will rest until the judgment had become final.
Law (2010:923).
27 § When the effects of the operations cannot be predicted with
adequate security, the land and Environment Court
the grant of authorizations for the business put off the question of
remuneration or other conditions of its experience has been acquired
by the impact.
In connection with the suspension decision, land and Environment Court,
in case of damage or loss is likely to be more severe,
communicate the provisional regulations on remuneration or
damage prevention. If it is necessary to
prevent nuisance, the provisional regulations on
safeguards or other precautions.
The deferred the question to be decided as soon as possible.
Compensation shall not be lower than what has
determined on a provisional basis.
When the target has been deferred in a certain area, the land and
Environmental Court, as a condition of licence to
activities shall be put in claims provide for the applicant in
the provincial government set the security for the final compensation
as well as for the consideration, as determined on a provisional basis and which do not
shall be paid before the State. In the case of
the battle of security applies to Chapter 2. section 25 of the enforcement code.
Limitation Ordinance (1981:130) does not apply to claims
which are the subject of a suspension decision. Law (2010:923).
section 28 When there are reasons for it, the land and Environment Court
order the State of an activity may be claimed
even if the judgment is not final. Which conditions shall
provide the applicant with the County Administrative Board set security for
the compensation for a water operations may be deleted;
If the Court ruling changed. In the case of battle of safety concerns
Chapter 2. section 25 of the enforcement code.
If the applicant, then a business according to the beam
given, the obligation is imposed to prevent or reduce
injuries or to pay compensation, land and
Environment Court shall order that the judgment shall go in enforcement
If it had been given the force of law.
Appeal a judgment with an order referred to in the first or second
subparagraph, land and environmental removal
the mandate, before proceedings against the judgment in the other.
Law (2010:923).
Chapter 23. The trial of the environmental Court of appeal and the Supreme
the Court of Justice
Proceedings of the Court of appeal
1 repealed by law (2010:923).
2 repealed by law (2010:923).
section 3 of the land and environment court decisions on issues referred to in 22
Cape. section 14 as well as in Chapter 7. section 21 of the law (1998:812) with special
provisions for water operations may be appealed in particular.
Decision in question referred to in Chapter 7. 12 section law
(1998:812) with specific provisions on water operations,
subject to appeal only in connection with the appeal of the judgment or
final decision in the case. Law (2010:923).
4 repealed by law (2010:923).
§ 5 Has an application case, where release according to Chapter 22. paragraph 3 of the
has been issued, the applicant lodged an appeal against the land and Environment Court
judgment or decision, appeal and instead
to order the service with counterparties decide that a
copies of the notice of appeal shall be transmitted to the
Act sub-custodians veterinarian designated by the land and Environment Court
as well as issuing order on appeal.
In the notice must be provided
1. a copy of the case file is available
of the Act or act, depository förvararna
2. that the summonses and other notices in the case to the parties
shall, if they are not specifically sent to any party, be included in the
some or certain ortstidningar and be available at
Act or act, depository förvararna
3. that a response must be submitted to the
Land and environmental Court of appeal within the time period, at least three weeks
after promulgation, as land-and particularly appeal.
The proclamation should be inserted into the ortstidningar as
land and Environment Court has decided for messages in the target.
When the requirements of this section have been complied with, the
service shall be deemed to have occurred. Law (2010:923).
section 6, a case where a judgment has been appealed shall be determined by the
Land and environmental Court of appeal without a hearing or
oral proceedings, if such negotiation would miss
importance of the trial. If the parties and the counterparty have requested
main hearing or oral treatment, however, such
be kept, if not obviously would be without significance.
At the main hearing, the investigation must be presented by
Soil and superior environmental efforts in the extent
the Court determines.
Soil and environmental Court of appeal in the contested application objectives
considers that a penalty payment or other penalty for absence should be submitted to the
any party, may not be announced by the order party
public notice referred to in paragraph 5 and shall be served by the party.
Law (2010:923).
paragraph 7 of the terms of the trial in the Court of appeal and
apply in the application target otherwise law (2010:921) on land and
environmental courts, 21. section 7, Chapter 22. 12, 21, 23 to 28 of this
beam and Chapter 7. 5 and 7 of the Act (1998:812) with special
provisions for water operations. Land and
the Court may order the State to a
activities granted by the land and Environment Court may be
in the claim, despite the fact that the judgment is not final. For such
the appointment comes 22 Cape. section 28 of the first paragraph.
Law (2010:923).
The trial in the Supreme Court
section 8 Has been repealed by law (2010:923).
section 9 in respect of the trial in the Supreme Court case
the rules on the trial of the environmental Court of appeal
in paragraphs 5 and 6 and the first sentence of paragraph 7. Law (2010:923).
24. Permit validity, review, etc.
Effect of judgments and decisions under the environmental code
§ 1 If a judgment or a decision given in a
filing cases under Chapter 21. 1 a of the first subparagraph, this beam
or Chapter 7. section 1 of the Act (1998:812) with special provisions
If water operations concerning authorization for an activity according to
the beam and the judgment or decision has become final, the
the State against all, in relation to matters that have been tried in
the judgment or decision. The same applies to the decision on the authorisation of the
environmentally hazardous activities given by a County Administrative Board
or municipality pursuant to Chapter 9. section 8 and the decision authorising the
land drainage that has been issued by the County Administrative Board in accordance with
11 kap. Refer to condition the execution of a water system,
includes the right to maintain the facility. As a result of
This chapter, as a result of Chapter 7. 20 or section 22, Chapter 9. section 5,
10 Cape. section 17 or 12 Cape. section 10 of this beam, or as a result of
Chapter 2. 10 section or Chapter 7. 13, 14, 15, 16 or section 17 of the Act with
specific provisions relating to water operations, may be a
permits restricted or reconciled with the changed or new
conditions, or withdrawn and continued activities banned.
Such intervention may also be through injunctions or
prohibition under 10 Cape. section 14 or 26 kap. the fourth paragraph of section 9.
With the permission referred to in this chapter also approval of
works or measures under Chapter 11. section 16.
An appeal judgment or notice has the same effect
as a State judgment or an authorisation decision.
Law (2012:907).
section 2 of the permit expires, if the licensee fails to comply with the
provisions given in the judgment or
authorisation decision with regard to the period within which the work shall
be carried out or the time within which the operation must be
occurred.
If the licensee shows that he has valid reasons for
the delay or to serious inconveniences would arise if
the permit expires, the licensing authority may extend the time
with a maximum of 10 years. The licensing authority may provide new
or stricter conditions according to what is equitable. Application for
extension must be made before the prescribed time has elapsed
out.
paragraph 3 of the licensing authority may revoke, in whole or in part
authorization, waiver or consent granted under
the beam, or according to rules with the support of the beam, and
prohibit continued operations
1. If the person who has applied for the permit, exemption, or
the authorisation has misled the licensing authority by
provide incorrect information or fail to provide information of
importance for the permit, exemption, approval or
conditions,
2. when the permit, exemption, approval or conditions
applicable to the activity or action has not been complied with and
the departure is not trivial,
3. If, as a result of the business or operation is
caused any inconvenience of material importance which is not
anticipated when the business or the operation was allowed,
4. If, as a result of the business or operation is
incurred such conditions as referred to in Chapter 2. § 9 means that
the business must not be carried out,
5. If the operation has been finally ceased,
6. If a new State, replaces an earlier state,
7. If necessary in order to comply with Sweden's obligations to
as a result of EU membership,
8. If the maintenance of the water system has been seriously
neglected, or
9. for permission to have an impact on the water conditions are not
been used for a long period of time and it can be assumed that
the State will not be utilized.
Land and Environment Court, if the authorization relates to activities
at a water plant, or in the case referred to in the first subparagraph
8 or 9 revoke the right to maintain a water system.
Permission to quarry may be suspended in whole or in part at 10 years
elapsed from the time the permit became final.
Law (2010:923).
4 § in connection with a withdrawal decision pursuant to paragraph 3 of the other
the paragraph that refers to a water plant, land and
Environment Court shall require the person responsible for the maintenance of the
facility to tear it out and to adopt the measures
necessary to prevent or reduce injuries by utrivningen.
Instead of injunction under the first paragraph, land and
the environmental court to admit someone else whose right is dependent on
utrivningen or, for the protection of public interests, the State,
a municipality or a water Alliance to tear out the plant on
the debtor's expense. The Court may also notify
appointment pursuant to Chapter 11. section 20. Then owns 11 kap. section 20 of the fourth
subparagraph, and paragraph 21 of the corresponding application. Law (2010:923).
§ 5/expires U: 2016-05-01/
In the case of environmentally dangerous activities or water operations
the licensing authority may review the permit when it comes to a
provision for permitted production quantity or other similar
provision on comprehensiveness, as well as modify or
cancel terms or other provisions or announce new
such
1. when, from the authorisation decision became final, the
passed away ten years or shorter time, because of what
follow by Sweden's membership in the European Union, provided
by the Government or the authority, as the Government determines,
2. If the operation of any significance to a
environmental quality standard;
3. If the person who has applied for the permit has misled
the licensing authority by providing incorrect information or
fail to provide data relevant to the authorization or
conditions,
4. when the condition or conditions that apply to your business
have not been applied,
5. If, through the business generated an inconvenience for some
significance that were not anticipated when the operations were allowed,
6. If the conditions in the surroundings have changed significantly,
7. If a health or environmental point of view material
improvement can be achieved with the use of any new process-
or
purification technology,
8. If the use of a new technique for measuring or
estimation of pollution or other interference would result
significantly better conditions to check
activities,
9. If your business entirely or essentially is placed
in a field where is prohibited under regulation or decision
with the backing of the chapter 9. paragraph 4,
10. in order to improve plant safety,
11. If it proves that appliances that have been taken or
conditions that have been notified to the protection of fisheries, with the support of
11 kap. section 8 or under Chapter 6. paragraph 5 of the law (1998:812)
specific provisions relating to water operations are less
appropriate, or
12. If it can be assumed that the security furnished under 9
Cape. 6 a section, chapter 15. section 34 or 16 Cape. 3 section is no longer
sufficient or is larger than what is needed.
The change permits referred to in Chapter 16. section 2 may be subject to
provisions on changes to terms and conditions as previously announced
for those parts of the business that are not covered by the change, if
the former terms are linked with the change.
The change permits referred to in Chapter 16. section 2, despite
the provisions of the first subparagraph may be reviewed in the context of a
State covering the whole of the activities reviewed.
In the case referred to in the first subparagraph 5 the licensing authority
also decide if other measures are needed to prevent
or reduce inconveniences for the future.
A licensing authority shall not under this section
communicate so onerous terms or other provisions to
the business can no longer be operated or that it significantly
more difficult. Law (2010:882).
§ 5/comes into force in: 2016-05-01/
In the case of environmentally dangerous activities or water operations the licensing authority may review the conditions regarding the provision of permitted production quantity or other similar rule concerning comprehensiveness, as well as modify or
cancel terms or other provisions or announce new ones
1. when, from the authorisation decision became final, the lapse of ten years or less who, because of what follows of Sweden's membership in the European Union, provided by the Government or the authority, as the Government determines,
2. If the operation of any importance is involved in an environmental quality standard;
3. If the person who has applied for the permit has misled the licensing authority by providing incorrect information or fail to disclose information relevant to the condition or conditions,
4. when the condition or conditions applicable to the business have not been applied,
5. If, through the business generated a nuisance of any significance that were not anticipated when the operations were allowed, 6. If conditions in the surroundings have changed significantly,
7. If a health or environmental point of view, significant improvement can be achieved with the use of any new process or treatment technology,
8. If the use of a new technique for measuring or estimating the pollution or other interference would result in significantly better conditions for controlling activities, 9. If your business entirely or essentially is located in an area which is prohibited under regulation or decision under Chapter 9. paragraph 4,
10. in order to improve plant safety,
11. If it proves that appliances that have been taken or conditions that have been notified to the protection of fisheries under Chapter 11. section 8 or under Chapter 6. paragraph 5 of the law (1998:812) with specific provisions on water operations are less effective, or 12. If it can be assumed that a security furnished pursuant to Chapter 9. section 6 (e), 15. section 34 or 16 Cape. 3 section is no longer sufficient or is larger than what is needed.
The change permits referred to in Chapter 16. section 2 may be subject to rules on changes to terms previously announced for the parts of the business that are not covered by the change, if the previous conditions are related to the change.
The change permits referred to in Chapter 16. section 2 Notwithstanding the provisions of the first subparagraph may be reconsidered in the context of a licence covering the whole of the activities reviewed.
In the case referred to in the first subparagraph 5 the licensing authority may also adopt other measures necessary to prevent or reduce inconveniences for the future.
A licensing authority shall not by virtue of this section shall notify such intervention or other provisions that the business can no longer be operated or that the considerably more difficult. Law (2016:341).
5 a of the licensing authority shall not by virtue of section 5 Info
tougher conditions in terms of environmental noise simply because
of that, since the permit was granted or last was has
added a new property in the surrounding area, if
1. the dwelling is included in an area with detailed plan or covered
of a building permit under the planning and building Act (2010:900) and the
in the plan described to the plan or permit specified
estimated noise levels, and
2. environmental noise from operations do not exceed these
values.
Despite the first paragraph, more stringent conditions notified with
into account the residents ' health, there are serious reasons for it.
Such complementary residential buildings, as referred to in Chapter 9. 4 a of the plan-
and building Act must never lead to tougher conditions in terms of
environmental noise. Law (2015:670).
section 6 Has two or more conditions established for hazardous
activities under Chapter 16 of the. section 8 and revoked the permit
or reviewed the conditions for one of the activities,
conditions for the rest of the activities reviewed.
section 7 of the application for review referred to in paragraphs 3 to 6 shall be done in
land and Environment Court by the environmental protection agency, maritime and
the water authority, kammarkollegiet, Authority for
civil contingencies Agency and the provincial government. If the query should
review by any other authority other than a court, or of a
municipality, it may be taken up without any special preparation.
Questions for review under paragraph 5 of the second and third subparagraphs
may be collected without special application.
An application for such an examination referred to in the first subparagraph may
also be done by a municipality to the extent it has
assumed the supervision pursuant to chapter 26. paragraph 3, fourth subparagraph.
Have the permit issued by the provincial government, the application of
the County Administrative Board. Regulation (2015:232).
section 8 upon application of the licensee,
the licensing authority may decide that
1. set aside a authorizations to an environmentally hazardous activity, if
the business has been notified to the supervisory authority and the
a) permit requirement for operations have ceased, or
b) activity has ceased, or final
2. amend or revoke other provisions and conditions in a
permit or a permit decision, other than those referring to
the size of the amount, however, the condition may
set aside or mitigated only if it is clear that
the condition is no longer needed or are more stringent than necessary
or if the change is sought by circumstances not
anticipated when the authorization was given. Law (2012:907).
§ 9 Additional provisions for review of water operations
see Chapter 7. 13-16 §§ Act (1998:812) with special
provisions for water operations.
section 10 if the Government in the context of an activity
has provided that a certain condition shall apply to a
licence, the licensing authority may in the review do not
differ materially from the condition without Government
admitted it.
Changing conditions in the communities
section 11 of the regulations on changing conditions in communities
see Chapter 7. 17 and 18 of the Act (1998:812) with special
provisions for water operations.
Incidental inconvenience with game parks
section 12 of the County Board may impose new or amended terms and conditions, if
it through a game parks arise any inconvenience as not
anticipated when the authorization was given. Can the inconvenience not remedied
and is the most significant, the State revoked. State
may also be revoked, if the game parks referred to with the State not
longer needed.
Incidental damages
section 13, If a water operations or a water plant, which has
carried out in accordance with an authorization under this beam,
damages which were not anticipated by the land and Environment Court when
the permit was issued, the injured party may submit claims
on compensation under Chapter 31.
In the case of significant damage to the individual or for any
general interest, may be requested such changes on
operator's expense of vattenverksamheten or
water plant, without causing damage to third parties
or substantial nuisances for the licensee, are devoted
to prevent or mitigate future damage. In the case of General
interests brought the action by the environmental protection agency, maritime and
the water authority, kammarkollegiet, the County Administrative Board or the municipality.
Claims due to unforeseen damages will have to be addressed
to be brought to the land and Environment Court in
five years or longer, up to twenty years, which may have
determined in relation to the State. Time counts from the end
by the court-appointed time within which the works should
be performed.
In the event of a claim referred to in Chapter 7. section 7 of the Act (1998:812) with special
provisions for water operations is based on the time of the request
However, no earlier than two years from the time the damage occurred.
The provisions of the Limitation Ordinance (1981:130) does not apply
claims under this section. Law (2011:608).
section 14 of the request referred to in section 13 shall be made in writing and be given
to the land and Environment Court in triplicate. One copy
shall be served on the licensee.
The claim must be examined before or after the expiration of the time
apply to the request. As regards the procedure to what
provisions on the procedure in the case of Chapter 7. 8-12 § § the Act
(1998:812) with specific provisions for water operations.
In addition, apply 22 Cape. section 23 and section 28 of the second and third
paragraphs. Law (2011:734).
Conditions on emissions of carbon dioxide
section 15 of An activity covered by the State under
Act (2004:1199) on emissions trading may place
carbon dioxide, nitrous oxide and perfluorocarbons as
the permit to discharge granted under the
the act notwithstanding that by virtue of the environmental code, or
older environmental legislation has been decided conditions relating to restrictions
emissions of carbon dioxide, nitrous oxide or perfluorocarbons
or conditions by controlling the amount used fossil
fuel refers to a limitation of carbon dioxide emissions. This
does not apply to conditions relating to limitation of the emission of nitrous oxide
or perfluorocarbons adopted to prevent significant
local pollution. Law (2009:1326).
25 Cape. Costs and similar expenses
The costs of the proceedings before the courts, etc.
§ 1 in case of exercise of environmentally dangerous activities does not apply
the code of judicial procedure in respect of legal costs.
section 2 of the application target for water operations, except those
specified in the second paragraph, and in the case referred to in chapter 21. 1 a of the
the second paragraph, the applicant shall be responsible for their own and
counterparties ' costs for land and Environment Court. In case
that includes setting up common facilities for land drainage,
irrigation or water regulation, the applicant does not respond to
costs of the County Government or the land and Environment Court
incurred for participants in the community. An organization that
referred to in Chapter 16. section 13 does not have the right to obtain compensation for
or the obligation to pay court costs.
In such appeals before the Court referred to in the first subparagraph, first
sentence, the applicant is responsible for its own costs in higher
the right and the costs which have arisen for
the defendants, that the applicant has complained. Law (2010:923).
section 3 of the proceedings relating to the recall, prohibition of continued
activities or review in accordance with Chapter 24. paragraphs 3 to 6 or 7
Cape. section 15 of the Act (1998:812) with specific provisions on the
water operations, the environmental protection agency, maritime and
the water authority, kammarkollegiet, Authority for
civil contingencies Agency, the County Administrative Board and the
the licensee shall be responsible for its costs of land and
the environmental court. In cases under Chapter 24. section 5 relating to the review
for meeting needs in the general interest, the authority that
applied for reconsideration in addition bear the costs of land-
and the environmental court which arise for other counterparties than
the holder of the authorization. However, this does not review under
24. 5 section 11. If a target under 24 Cape. paragraph 5 of the
first paragraph 10 applies for reconsideration in order to improve a
plant safety, however, the licensee shall be responsible for
last-mentioned costs instead of the environmental protection agency, marine
and the water authority, kammarkollegiet, Authority for
civil contingencies Agency and the provincial government.
Regulation (2015:232).
4 § in proceedings relating to the objection due to changed
conditions in communities under Chapter 7. section 17 of the Act
(1998:812) with specific provisions on water operations in
question about the circle of participants or cost allocations or
According to Chapter 7. section 18 of the same law, each Party shall be responsible for their
costs.
§ 5 the provisions of paragraphs 2 to 4 shall not apply, unless otherwise provided by 18
Cape. 6 or paragraph 8 of the code of judicial procedure.
With regard to the specific issues in the case if
water operations, according to what is reasonable may be appointed to
Each Party shall be responsible for its costs or that the party
who lose to pay the other party's costs.
section 6, be dismissed in cases under Chapter 31. paragraph 13 of the proceedings brought by
the property owner or holders of special rights to
the property regarding compensation or redemption but has the
brought actions had reasonable grounds to have their actions reviewed by
land and Environment Court, the land and Environment Court shall order
the other party shall indemnify the property owner or holder
of the special law for the costs or that each
the contractor shall be responsible for its costs of land and
the environmental court. Law (2010:923).
section 7 of the target of water operations, the applicant may be required to
pay compensation for counterparties ' own costs even if
their action has not been proven definitively to the Court.
Compensation shall also include interest according to section 6 of the interest Act
(1975:635) from the date of the decision until payment is made.
section 8 of the application target is the applicant required to replace the soil and
the environmental costs of
1. announcements,
2. Act sub-custodians,
3. the experts they arrived by the Court, and
4. premises for meetings.
The first subparagraph shall apply also in the case referred to in Chapter 7.
section 2 of the Act (1998:812) with specific provisions on the
water operations. What is in the first paragraph about the applicant
in doing so, apply to the plaintiff.
In higher right to what is said in the first and second subparagraphs if
the applicant or plaintiff who has completed an action.
At the request of the Court of Justice shall advance on compensation to be paid.
Law (2010:923).
section 9 in respect of legal costs in the case referred to in Chapter 32.
section 11 and in cases under Chapter 31. section 10 applies to the provisions concerning
expenses of expropriations goals. If a claim for redemption
be dismissed, however, the provisions on costs in
the code of judicial procedure.
Dismissed the action on the ban on environmentally hazardous activities or
the imposition of a person who performs such activities to observe
precautions referred to in chapter 21. paragraph 4 on the basis that
the defendant after bringing an action has sought and received permission
under this beam, the Court shall, as the case may be
order each party to bear its own
own costs or that one of them will get full or
adjusted compensation.
Other costs
section 10 If authorization for a land drainage in case that
referred to in Chapter 7. section 19 of the Act (1998:812) with special provisions
If water operations, the applicant's costs are allocated between
participants in the soil dewatering after what is reasonable.
Is not notified State to mark dewatering, the applicant shall
pay the costs incurred, unless special
circumstances give rise to the payment obligation is allocated
between all interested parties or some of them, If not
communicated to a land drainage in a case under Chapter 7.
section 20 of the law have been initiated because of a decision by a
real estate settlement costs shall be considered as
the court costs of the real estate settlement.
section 11 of the cases the Government requisitioning of current cases
According to Chapter 2. section 9 of the Act (1998:812) with special provisions
If water operations, the applicant shall respond to all
costs.
In proceedings of the County Board on the allocation of compensation shall
the culprit responsible for all the costs.
The first and second subparagraphs shall not apply if otherwise provided for a
corresponding application of chapter 18. 6 or 8 §
the code of judicial procedure.
Questions about compensation under this section be reviewed by land and
the environmental court. Law (2010:923).
THE FIFTH CHAMBER
SUPERVISION ETC.
26. Supervision
General supervision
section 1 Supervision shall ensure the aim of this beam and
regulations issued on the basis of the beam.
For this purpose, the authority shall on its own initiative
or after the notification to the extent necessary, make sure
compliance with environmental regulations as well as regulations, judgments and other
decisions rendered under the beam and take the
measures necessary to achieve the correction. In the case of
environmentally hazardous activities or water operations covered by the
Supervisory Authority authorisation shall also continuously assess whether
the conditions are sufficient.
In addition, the supervisory authority shall, through consultation,
information and similar activities, create conditions for
to the purpose to be able to be met. Act (2005:182).
section 2 of the regulatory authority shall report violations of
provisions of the code or the regulations issued
with the support of the beam to the police authority or
The Prosecutor's Office, if there is suspicion of a crime.
If the supervisory authority finds that the conditions of a permit
to environmentally hazardous activities or water operations are not
sufficient and there are conditions in accordance with Chapter 24. 5
or section 6, shall apply for the examination or take up
the question of whether to amend or suspend the terms without any special
petition for this according to what is said in Chapter 24. 7 §.
Law (2014:713).
section 3 regulatory control is exercised and maintained by the environmental protection agency, maritime and
the water authority, general practitioner, the County Administrative Board, other
State authorities and local authorities (regulators) in
According to what the Government decides.
Provisions on supervision are also found in the law (1999:381) if
measures for preventing and limiting the consequences of
serious chemical accidents.
Each community exercising by the boards
Council determines supervision within the municipality of environmental and
health protection under Chapter 9, except for such
environmentally hazardous activities which require a permit, and over
waste management in accordance with Chapter 15.
The Government may provide for a
supervisory authority may entrust a municipality who requests it
that, in a certain respect, exercise such supervision that would otherwise
would be handled by a State regulatory agency. This applies to
No activities of the armed forces,
The Swedish fortifications Agency, the Swedish defence materiel administration, or
National defence radio establishment. Law (2011:608).
4 § has a municipality made the request for the transfer of
supervision under paragraph 3 and the supervisory authority referred to
where that supervision should not be transferable in accordance with the
representation, the supervisory authority with own opinion
refer the matter to the Government for crucial, if the municipality
request it.
The regulatory authority may revoke a transfer of supervision to
a municipality. The supervisory authority shall revoke the transfer of
the municipality change its Board Organization as being contrary to the 3
Cape. paragraph 5, second subparagraph, the local Government Act (1991:900). The Government has
decided on the transfer, the Government shall decide on the
the recall. Lag (2003:518).
§ 5 the Government may provide for this chapter
shall apply also in respect of supervision of the EU regulations within
the scope of this beam is followed. Law (2010:1542).
section 6 of the supervisory authorities shall cooperate with each other and with
such State and local government bodies shall exercise supervision in
specific aspects or otherwise fulfils the tasks
of importance for the supervisory activities.
The Government or the authority that the Government may
provide that the regulatory authorities shall submit
such information is needed to a regional or central
supervisory authority to discharge its coordinating,
monitoring and follow-up responsibilities.
section 7 a municipality may conclude agreement with another municipality if that
supervisory tasks by the municipality under this beam shall
be carried out in whole or in part by the other municipality. The municipality may
However, do not leave the power to issue a decision in the case.
The municipality may also, with the agreement of another municipality
instruct employees in the municipality to decide on municipal
behalf in a particular case or group of cases, however, does not
in the cases referred to in Chapter 6. § 34 local Government Act (1991:900).
The provisions of Chapter 6. 24-27 and 35 of the municipal conflict of interest Act
and notification of the decision of the Board shall apply to the
making such decisions.
section 8 of the supervisory authority responsible for the supervision,
instruct anyone who is not an employee of a supervisory authority
to perform in the authorisation decision prescribed inspection of a
facility.
Injunctions and prohibitions
section 9, a supervisory authority may decide, in the case
If the injunctions and prohibitions that are needed for this beam
and regulations, judgments and other decisions that have been issued
with the support of the beam should be followed.
More coercive measures than required in the individual
the case must not be resorted to.
Injunctions and prohibition shall not restrict a decision or
a judgment on the State of the application targets that have legal force under
24. § 1.
An authorisation decision or a State ruling does not, however, prevent
a regulatory agency from notifying such injunctions
or prohibition
1. is urgent and necessary to avoid illness
or serious damage to the environment arise, or
2. apply safety measures at a pond
classified according to Chapter 11. paragraphs 24 and 25.
In terms of emissions of carbon dioxide, nitrous oxide, or
perfluorocarbons, which means that an activity falls within the scope of
obtain a permit under the Act (2004:1199) on trade in
allowances, it must not be adopted orders
emission limitation or injunctions by
regulate the use amount of fossil fuel is aimed at
limitation of carbon dioxide emissions. This does not apply
injunctions in respect of nitrous oxide or
perfluorocarbons are needed to prevent significant local
pollution. Law (2014:114).
9 a § in the case of ambient noise in a residential building,
the supervisory authority does not decide about injunctions or
ban if the plan described to the detail of the plan or in the
building permit according to the planning and building Act (2010:900) has been specified
estimated noise levels and ambient noise do not exceed
These values.
Despite the first paragraph, injunctions or prohibitions shall be decided
If, according to the occupants ' health are serious reasons
for it.
Injunctions or prohibitions, however, may never be decided in question
If the environmental noise at such a complement residential buildings
referred to in Chapter 9. 4 a of the planning and building Act. Law (2014:901).
section 10 about the State of a management permit has expired
According to Chapter 24. section 2, the supervisory authority may impose
the licensee to tear out a with support of the State
built facility that could damage public or private
interests.
section 11 of the supervisory authority may submit to the fence
in an area of importance for outdoors or near
one such area to arrange for gates or other briefings that
needed to allow the public to get to the ground in a
area covered by the right of public access.
It is obvious that a fence is only intended to
excluding the public from the area, the injunction will be notified
If removing it. What has been said about the fence,
shall apply mutatis mutandis with regard to ditches.
section 12 was previously the owner of a property or earlier
tomträttshavare in this capacity could be ordered to remedy
damage or inconvenience caused by their use of a
real estate or a building, facility or device on the
land under 7, 8, 11, or 12., a
supervisory authority to give such an order against a new owner
or tomträttshavare, if it is reasonable.
section 13 Has an injunction against someone as the owner
to a property, in its capacity as beneficiary to
the relevant property or against both the owner and the tenant,
and passes the ownership or right to use any other, may
the supervisory authority shall require the previous owner or
the tenant, to promptly provide information about the
new owner's name and address or nyttjanderättshavarens.
VITE
paragraph 14 of the decision on the injunction or prohibition may be subject to a penalty.
Notification to the register authority and its
legal effects
section 15 where a supervisory authority has announced an injunction
or prohibition against someone as owners of a property,
tomträttshavare or the owner of a building, facility, or
device on land belonging to someone else, the supervisory
device transmitting it, to the land registry Department of
Note in the land registry register part. Is the injunction
subject to a penalty payment, shall also be noted. The who last
searched the title deed or registration of acquisition of leasehold shall, if
the applicant is not the addressee of the injunction or prohibition, by
Land Registry Department shall immediately be informed by registered letter
If the note.
Have note been done, comes the injunction or prohibition
the new owner of the property. Have the new owner acquired the property
through the purchase, barter or gift and constitute the estate property or
leasehold, also applies penalty payment against the new owner figured
from the time of transfer of ownership. Otherwise penalty applies
not against a new owner of the property, however, the supervisory authority may
put out the new penalty for the owner. Penalty payment relating to a
specific period may be imposed only by the person who was the owner at
the beginning of the period.
Have a noted injunction or prohibition repealed by a
a decision which has become final or the measure referred to in
order taken or has the purpose of the order
or the ban lost its importance, shall
the supervisory authority as soon as it becomes aware of the relationship
notify the registration authority for removal of
the note. Act (2000:228).
section 16 of the Transferred property or a leasehold or a building,
facility or device on private land then a decision
referred to in section 15 has been appealed, the trial bar
provisions on the effects of the dispute are transferred and if
third-party participation in legal proceedings shall apply.
Enforcement and correction of the wrong expense
section 17 Has supervisory authority announced an injunction or
a ban pursuant to paragraphs 9-13 and it will not be obeyed,
enforcement authority at the request of the supervisory authority
enforce its decisions. In doing so, the decision may be enforced under
the enforcement code.
Has anyone committed an act referred to in chapter 29. 1-4, 8, 9, or
section 10, the Swedish enforcement authority may, on application by
the supervisory authority announce special assistance to
achieve correction. In the case of such assistance is available
provisions of the Act (1990:746) on orders to pay and
Executive assistance. Crucial in such cases be appealed to the
land and Environment Court. Law (2010:923).
section 18 rather than requesting enforcement under section 17,
the supervisory authority may decide that the rectification shall be made on the
wrong expense.
Decision concerning the correction of the wrong expense must be notified without
the previous injunction or prohibition, if the supervisory authority
in view of the risk of serious injury, finds that
correction should be done immediately, or there are other special reasons.
Operator's control and environmental report
section 19 of The doing business or taking measures that can
likely to cause inconvenience to people's health or affect
environment must continuously plan and control activities
to counteract or prevent such effects.
The parties engaged in those activities, or to take such action
shall also, through its own investigations or otherwise keep
informed about the business or the impact of the measure on
environment.
Anyone who engages in such activities shall submit proposals to the
control software or upgrading to
the supervisory authority if requested by the supervisory authority.
The Government or the authority that the Government may
notify the methods of control.
19 a of the Government or the authority that the Government
determines, in respect of ponds that are classified according to
11 kap. sections 24 and 25 provide for
1. the obligation to ensure that there is documented and
current investigations and assessments of the safety of dams
and the consequences under Chapter 11. 24 section that
a dam failure can result and obligation to make proposals
to the classification,
2. preparation and documentation of the overall goals and
principles for dam safety,
3. preparation and documentation of the safety management system
to ensure that the overall objectives of
dam safety is achieved,
4. reporting concerning dam safety to the authority
supervises the security. Law (2014:114).
section 20 Of an environmentally hazardous activities within the scope of licence
as provided for under Chapter 9. section 6 of the
exercise activity each year submit a report to the environment
supervisory authority which exercises supervision over the business.
This also applies to the before applying for a permit
According to Chapter 9. 6 a of. In the environmental report must be reported to the
measures taken to comply with the terms of a
authorisation decisions and the results of these measures.
The Government or the authority that the Government may
provide that an environmental report shall contain a statement
of the environmental impact also in other respect than what
subject to the terms and conditions of a permit decision. Even
accounting for other tasks related to the
tilllämpningsområde and goals may be.
Even if a business is not subject to licensing requirements, a
Regulation concerning the obligation to submit an environmental report will be notified.
Team (2013:758).
Information and studies
section 21 of the supervisory authority may submit to the operator
activity or takes an action provided for
in this beam or in regulations issued by virtue of the
the beam, to the authority the information and documents
needed for the oversight. The same is true also for the
otherwise, it is required to remedy the inconvenience from such
activity.
section 21A of the Government may provide for the
permission to quarry under this beam or according to regulations
delivered with the support of the beam shall provide information to the
the County Government about who is the developer of the quarry.
When information is missing regarding who is the developer of a pit for
What permission was given, for the purposes of this
clauses or regulations issued pursuant
paragraph, the holder of the authorization shall be considered as developer of the quarry.
Act (2005:571).
section 22 of the operator of an activity or action which
likely to cause inconvenience to human health or the
the environment or that are otherwise required to remedy a
nuisance from such activities is required to perform such
surveys of business and its effects as needed
for the purposes of supervision. The same applies to the one that grants a building for
housing or for general purposes, if there is reason to believe
the building's condition causes inconvenience to people's health.
If it is more appropriate, the supervisory authority may instead decide
that such an examination should be carried out by someone else and designate
someone to do the survey.
Subject to paragraph 2 of section 22 (b), for the person who is required to
perform a survey investigation reimburse the costs of
that someone else had been appointed to deal with the amount
the supervisory authority determines.
Decision concerning the examination may be reconciled with the prohibition to transfer the
the relevant property or other property to its
the survey is completed. Law (2010:1542).
22 a of the Government or the authority, as the Government determines
may provide for the obligation of the marketing,
transfers or to or from Sweden for in or out a
chemical product, biotechnical organism or be to leave the
samples required for supervision. Law (2010:1542).
22 b of The who has provided a sample according to regulations
announced by virtue of section 22 (a)
1. shall have the right to compensation for the sample from the authority
as the sample submitted to, if there are special reasons for it,
and
2. do not have to pay the cost of sampling and
examination of samples, if there are special reasons for it.
Law (2010:1542).
Conservation wardens
section 23 of the Government or the authority, as the Government determines
may designate conservation wardens for the supervision of compliance with
regulations for areas, natural items and animal and plant species
subject to dispositions under Chapter 7 and 8, Chapter 11. section 14 of the
or 12 Cape. section 6.
A conservation officer may reject people who reside where they
on the basis of these prescriptions do not have the right to stay.
A conservation officer may take seized hunting and fishing gear,
vehicles and other objects that may be assumed to have
significance for the investigation of the crime, if the guard decides to someone on
the Act, which violates the prohibition or regulations announced
with the backing of the chapter 7. 3, 5, 11, 12, 24 or section 28, Chapter 8. 1-3 sections,
11 kap. section 14 or 12. section 6, if it is punishable under the
29.
section 24 If a conservation officer has taken a subject in the seizure, shall
the guard promptly report this to the police or
The Prosecutor's Office. The police officer or prosecutor who receives
such a notification of the seizure shall take the same measures if
He or she herself had made the seizure. Law (2014:713).
Other provisions
section 25 of The patients who have received an exemption from a regulation for a
area or natural goods covered by an order
under Chapter 7, a waiver from a rule that has been notified to the
with the support of Chapter 8. or waiver under Chapter 11. section 14 is
obliged to, upon request, show up the decision for a
conservation officer or a police officer in the case of a stay in the territory
where the exemption applies. Law (2014:713).
section 26 of the supervisory authority may decide that the decision shall
effect immediately even if it is appealed.
section 27 of those who have taken the position with matters under this beam
or EU regulations within the scope of, or in
such a case conducted such examinations as specified in
section 22, first paragraph, third sentence must not improperly disclose
or take advantage of what they have been told about business or
operating conditions or conditions relevant to the country's
Defense.
In the public activities should apply instead of the provisions of
public access to information and secrecy (2009:400). Law (2010:1542).
27 Cape. Fees
Fee for government operations
section 1 of the Government or the authority, as the Government determines
may provide for a fee for government expenses
for
1. examination and supervision under this beam or according to
regulations issued on the basis of the beam as well as for
examination and supervision due to EU regulations within
this beam scope, and
2. the training required pursuant to regulations that have been issued
with the support of Chapter 14.
The Municipal Council may provide for such fees
referred to in the first subparagraph of paragraph 1 in the case of a municipal
Government activities.
The Government may provide that an authority may
determine that its decision imposing a fee according to the beam
or according to the instructions given with the support of
the beam will apply immediately even if the decision is appealed.
Team (2013:758).
Obligation to compensate a Government costs
section 2 of the Government or the authority that the Government may
provide for the obligation to replace an authority
costs.
Provisions on the obligation to pay a regulatory costs
See also in 10. section 16, chapter 25. section 8 and 26. section 22 of the other
paragraph and 22 (b) § 2. Law (2010:1542).
section 3, all of which are required to pay the fee in accordance with a regulation
given under paragraph 1(1), or that are
obliged to pay the costs pursuant to article 2 of the first subparagraph, or
26. section 22 shall provide the information required
to the amount of the fee or the amount of compensation shall be
be determined. Data shall be provided to the authority
the Government and to the extent the Government or
After the Government's authorization, the authority provides.
A waste disposal fee
section 4 of the Municipalities may provide for the charge to be
paid for the collection, transport, recovery and disposal
of waste under this beam or according to requirements
has been granted on the basis of the beam are carried out through their efforts.
The fee shall be paid according to the municipality's determination to
the municipality or to the person doing the cleaning.
Specific provisions relating to the fee for the management of waste from
ships Act (1980:424) on measures against pollution from
ships.
§ 5 A fee referred to in paragraph 4, first subparagraph, shall be annual
or otherwise periodically. If the charge relates to the collection,
transport and disposal on an occasional basis,
the municipality may decide that the fee should be paid separately for each
opportunity in question.
The fee shall be fixed at not more than the amount needed for
to cover the required planning, capital and operational costs
for the attendant. From these expenses shall be deducted
costs for use of facilities or equipment for
purposes other than sanitation. The fee may be levied in such a
ways to reuse, recycling or other environmental
waste management should be promoted.
Contract the municipality with someone else to perform cleansing,
the agreement laid the basis for the calculation of the fee, if
the cost thus do not become significantly higher than if the municipality
self perform cleaning.
section 6 of the Fee referred to in paragraph 4 shall be paid in accordance with the
taxa that City Council adopt.
In the tariff shall be indicated how the fee will be determined when the scale in
the rest have no applicable provision of fee. The pleas
specified in paragraph 5 shall then be taken into account.
The tariff shall include provisions regarding who is liable
and to whom the fee should be paid.
Producer fee
section 7 of the Government, the municipalities or the authority that the Government
determines may provide that producers shall
pay the fee for the collection, transport and disposal of
wastes which is carried out by the municipality. Such regulations
get notified of waste for which producer responsibility applicable under
regulations that have been issued with the support of the 15 Cape. section 6.
The fee may cover costs for information about
handling.
The fee shall be paid to the municipalities or to the
the Government authority determines.
Bygdeavgift and fishing fee
section 8 regulations on bygdeavgift and fishing fee can be found in Chapter 6.
Act (1998:812) with specific provisions on the
water operations.
28 Cape. Access, etc.
Access in order to carry out a government data
(1) in order to carry out its tasks under this beam or
European regulations within the scope of the beam has a
authority and the who on the Authority's behalf perform work
the right to have access to real estate, buildings, other
installations and means of transport and to perform
investigations and other measures. Provisions on the right to
compensation for damages and breach, see chapter 31. section 10.
Law (2011:322).
Access to carry out compensatory measures, etc.
According to section 2 of Chapter 7, if any. the fourth subparagraph of paragraph 7 or 16 Cape. § 9
is obliged to carry out investigations, compensation measures
or other actions in other property, building or other
facility, the County Board may decide that the access must
be left for some time.
The person doing the surveys or measures shall pay
compensation for damages and breach. Action for compensation shall
be brought in the land and Environment Court. Law (2010:923).
Access to investigate a business impact
section 3 of the County Administrative Board, may, if there are reasons for it, decide to
access to private land to be provided for some time, if
someone who carries on or intends to carry on business or
take action to investigate the effects of the activity or
operation by means of measurements or of the other investigative work on
the property.
Anyone who conducts or intends to conduct business or
the measure shall pay compensation for damages and breach. Action
compensation shall be brought in the land and Environment Court.
The County Board may require that the person who is to carry out the survey
set security for future compensation claims before work
begins. If security is provided, the County Board shall order that
the works may commence although the decision on access.
Law (2010:923).
Access to perform preventive and remedial measures
section 4 If someone carries on or intends to carry on business
or take an action is ordered to take such precautions
and protective measures on private land, building or other
facility, that is required to prevent or reduce damage by
activities, the County Administrative Board may decide to access may be made
during a certain time to a property or facility owned or
possession of someone else to perform such operations.
Those who take precautions or protective measures shall
pay compensation for damages and breach. Claims for compensation
shall be brought in the land and Environment Court. If the decision on access
be given in a case concerning a water operations, the
the question of compensation must be examined in the case. Law (2010:923).
Access for remediation
paragraph 5 of the County Board may decide on the admission for some time to
a property, a building or a facility, if someone other than the
Anyone who owns or holds it is required according to 10. to
where to take action to remedy environmental damage.
The person performing the action shall pay compensation for damages and
infringement unless the property owner or the holder of the Special
law himself has cost responsibility for the action. Claims for compensation
shall be brought in the land and Environment Court. Law (2010:923).
Prudential requirements
section 6 measures pursuant to paragraphs 1 to 5 shall be carried out so as to minimum damage
and breach caused.
Access to housing may be made only to the extent
necessary to prevent or eliminate inconvenience to
human health.
Ban on disturbing the equipment
section 7 If a measuring device or similar equipment needs to be put
out in investigations pursuant to paragraphs 1 to 5 shall ban under penalty
communicated to upset or damage the equipment. The same applies if the
equipment for pumping or similar have to be discontinued.
The help of the police authority
section 8 of the police authorities shall provide the necessary assistance for the
access and actions referred to in paragraphs 1 to 5.
Access to water level gauges, etc.
§ 9 The that depend on how a water operations are carried out,
prosecutors and officials at the Swedish Meteorological
and Hydrological Institute has the right to have access to
sites for water level gauges, water gauge or
observation tubes, as well as to take part in notes
the operator is required to bring about water levels,
water drain or the water quantities
tillgodogjorts.
Officials of marine and water and
fishing supervisors veterinarian designated for this purpose shall be
opportunity to exercise supervision over a condition of protection
for the fishing industry. Law (2011:608).
Specific coercive right for water operations
section 10 of The carrying out or will carry out a water operations can
of the land and Environment Court is given the right to perform installations
or measures in real estate that belongs to someone else and take
in claims of land or other space for this, when it is a matter
If
1. water operations carried out by the State, municipalities or
Water Association and which are desirable from a health or
the point of view of the environment or which promotes fishing,
2. water operations to combat pollution by
waste water,
3. water operations relating to the disposal of surface or
groundwater,
4. water regulation,
5. water operations of public waterway or public port,
or
6. soil drainage.
An area that is referred to in the first subparagraph may be resolved
in, if it is to be included in a stream falls real estate.
Have the right ceased under this section to other than
property rights take other property in the claim, the plants
that have been erected or placed within the property go to
the property owner without password, if they have not been removed within a
year from the termination. Law (2010:923).
Access to maintain a water plant
section 11 of The who is required to maintain a water system has
right to use their land or other space for work
or measures necessary to the maintenance obligation shall
able to be fulfilled.
The debtor shall pay compensation for damages and
intrusion. Action for compensation shall be brought in the land and
Environmental Court. Law (2010:932).
The right to use someone else's water system
section 12 If it does not entail a significant inconvenience to the owner of a
water system, can someone else have the right to change
the property or to use it for its own water operations
or to prevent or reduce the damage of its own
water operations. Should the plant be changed, the owner right
to make the change and get reimbursed.
It granted the right to use a property shall give
the owner reasonable compensation for the right to use
plant.
Prohibition of fishing
section 13 prohibition of fishing in a given area may be communicated in
when decisions on appliances to promote fishing or
to prevent damage to the fishery.
Compulsory place for storage of carbon dioxide
section 14 of the operator of a business with the geological storage of
carbon dioxide is obliged to store carbon on reasonable terms
for other holders of carbon, if the repository has
capacity for it.
In determining whether the conditions are appropriate, consideration should be given
to
1. the capacity which is or can reasonably be made available
in the place of storage;
2. the need to coordinate the various techniques,
3. the operator's and others ' needs by
storage capacity, and
4. impact on other users of the storage site or
whose activities are connected with the place of storage.
Law (2012:430).
section 15 If an operator referred to in section 14 denies that
storing carbon dioxide for another due to lack of
capacity or connection is not possible, to
the operator
1. indicate the reasons for its refusal, and
2. If this does not impair the safety of transport or
storage, against reasonable compensation to make the improvements and
take the measures otherwise required to enable
storage for others. Law (2012:430).
section 16 of the obligations referred to in paragraphs 14 and 15 shall not apply to geological
storage of carbon dioxide for the purpose of research of less than
100 000 tonnes of carbon dioxide. Law (2012:430).
section 17 questions about the obligations under sections 14 and 15 be tried by
the Government authority determines. Law (2012:430).
section 18 in connection with a review under section 17 shall
the responsible party and those who want to store carbon dioxide in
the operator's location on the review authority's
request, provide the technical and financial details
needed for trial. Law (2012:430).
section 19 of the review authority may submit to the operator
to provide the information referred to in section 18. Such a
injunction may be subject to a penalty. Law (2012:430).
SIXTH CHAMBER
PENALTIES
29. Penalties and forfeiture
1 §/expires U: 2016-05-01/
For environmental crimes are sentenced to a fine or imprisonment of up to two
in the who with intent or by negligence
1. causing it in soil, water or air is released a
substance that typically or of the case causes or is
may cause
a) a pollutant harmful to human health, animal
or plants on a scale that has not been trivial,
or
(b)) other significant nuisance to the environment,
2. keeps or disposes of waste or another substance in a
ways that can lead to a contamination that is harmful to
human health, animals, or plants in an amount not
has minor importance or which may cause any other
significant nuisance to the environment,
3. causes a significant nuisance in the environment by noise,
shaking or radiation, or
4. operates or takes an action that changes the surface
or the water table in a way that harms or may harm the
human health, animals, or plants in an amount not
has minor importance or that causes or is likely to cause any
other significant nuisance to the environment.
Is the crime of felony, convicted of serious environmental crime to prison in
at least six months and at most six years. In determining whether the
the offence is aggravated, special consideration if it has led or
could cause lasting damage of great magnitude, if
the act otherwise been of particularly dangerous nature or included
a conscious risk-taking by serious blow or if
the perpetrator, when it demanded special attention or
skill, is guilty of an omission of
serious blow.
For tests or preparation for serious environmental crimes are sentenced to
liability under Chapter 23. the Penal Code.
Where a competent authority has permitted the procedure, or if
the procedure is generally accepted or given
circumstances may be considered justifiable, convicted not liable
under this section. Law (2011:512).
1 section/entry into force: 2016-05-01/
For environmental crimes shall be liable to a fine or imprisonment of up to two years the who with intent or by negligence
1. causing it in soil, water or air is released a substance typically or of the case causes or is likely to cause a) a pollutant harmful to human health, animals or plants on a scale that has not been trivial, or b) another significant nuisance to the environment, 2. keep a topic or handle waste in a way that could cause a pollution that are harmful to human health, animals, or plants, to an extent that is not trivial or which may cause any other significant nuisance to the environment,
3. causes a significant nuisance in the environment by noise, vibration or radiation, or 4. operates or takes an action that changes the surface-and ground-water level in a way that harms or may harm human health, animals, or plants, to an extent that is not trivial or that causes or is likely to cause any other significant nuisance to the environment.
Is the crime of felony, convicted of serious environmental crime to imprisonment for at least six months and at most six years. In assessing whether the offence is aggravated, special consideration if it has led, or could lead to permanent damage of great magnitude, if the act otherwise been of particularly dangerous nature or involved a conscious risk-taking by serious blow or if the offender, when it demanded special attention or skill, is guilty of an omission of serious blow.
For tests or preparation for serious environmental crimes are sentenced to liability under Chapter 23. the Penal Code.
Where a competent authority has permitted the procedure, or if the procedure is generally accepted or in the circumstances may be considered justifiable, convicted not liable under this section. Law (2016:341).
2 § for violation of territorial protection is sentenced to a fine or imprisonment
in not more than two years the who with intent or by negligence
1. in a habitat protection area is engaged in an activity, or
take any other action that may harm the natural environment and that
is prohibited under Chapter 7. section 11, second paragraph,
2. in a beach area up a building or take
any act that is prohibited under Chapter 7. section 15, or
3. causing damage or a risk of damage to or other
inconvenience to those environmental values referred to are protected in a
National Park, a nature reserve, a cultural reserve, an
animal and plant health area, a water conservation area or a
area covered by a provisional prohibition according to
Chapter 7. section 24 by illegally reside in the area or
where illegally construct buildings, fences or warehouses,
carry out excavation, dredging, land cultivation, dewatering, Quarry,
planting or harvesting, exercise hunting or fishing, or
use pesticides.
Liability shall not be sentenced under this section, if the responsibility for
the Act can be sentenced under section 1 or section 2 (b).
Law (2009:532).
2 a § For offence against the territorial protection is sentenced to a fine the
wilfully or negligently violates a rule or
provision under Chapter 7. is issued, or in the
individual case decided for the protection of a National Park, a
nature reserve, a cultural reserve, a habitat protection area, a
animal and plant health area, a protected area or a
water protection area. The same shall apply to anyone who wilfully
or negligently violates an interim prohibition under
Chapter 7. section 24.
Liability shall not be sentenced under this section, if the responsibility for
the Act can be sentenced under 1, 2, or 2 b section. Law (2006:1014).
2 b section for the art protection offences shall be liable to a fine or imprisonment
not more than two years the who with intent or by negligence
1. kill, injure, capture or disturb animals, delete or
damage the eggs, Rome or stay, harm or destroy the animal
the reproductive area or resting place in contravention of a regulation
on the ban, which the Government has notified pursuant to Chapter 8. section 1,
2. remove, injure or take seeds or other part of a plant in
contrary to a regulation on the ban, which the Government has announced
with the support of Chapter 8. section 2,
3. put out an animal or plant in the natural environment in violation of the
a regulation on the ban, which the Government has communicated with the support
of Chapter 8. section 3,
4. carry or otherwise move, import,
exporting, storing, displaying, proofs, use in
profit, acquire, sell, rent, trade, or Exchange,
offers to buy, sell or possess for sale
animal, plant, egg, rum, seed or stay, or part or product
Hence, or good,
a) in violation of article 8.1, 8.5 or 9 (1) of Council regulation
(EC) No 338/97 of 9 december 1996 on the protection of species of
wild fauna and flora by regulating trade therein, or
b) in contravention of a regulation on prohibition or condition
the Government has notified pursuant to Chapter 8. paragraph 4, or
5. breach of a condition or provision in the
case has been decided, with the support of
a) article 8(3) or 9(2), in conjunction with article 11(3) of the Council
Regulation (EC) No 338/97, or
(b)) a regulation referred to in 4 b.
Is the crime of felony, sentenced for serious crimes to prison art protection
in at least six months and at most four years. In determining whether the
the offence is aggravated, special consideration shall be given to whether it has meant a
particularly threatened, rare or otherwise safeguard the host species or if
It has been part of a crime conducted systematically
and for a long time, on a large scale or for profit.
For tests or preparation for aggravated breach nature protection is sentenced
liability under Chapter 23. the Penal Code.
Liability shall not be sentenced under this section, if the responsibility for
the Act can be sentenced under section. Law (2011:512).
section 3 of the hazardous chemicals management is sentenced to a fine or
imprisonment of up to two years the who with intent or by gross
negligence takes position with a chemical product, biotechnological
organism or article containing or treated with
a chemical product without taking the security measures,
product selection or other precautions are needed on
because of the inherent nature of the goods, or the organism
properties and through this omission causes or
threaten to cause harm to people or the environment.
For environmentally hazardous chemicals management is convicted even with
wilfully or negligently:
1. violates a prohibition to spread pesticides in accordance with
Chapter 14. section 7,
2. violates a prohibition or regulation on a
safeguard measure, a product choice or another
precautions the Government has announced, with the support of 14
ch.,
3. the placing on the market the a detergent
or of a surfactant for such funds without following a
obligation under articles 3 or 4 of the European Parliament and
Council Regulation (EC) No 648/2004 of 31 March 2004 on the
detergents,
4. violates a constraint for the production, placing on the
market or use of a substance in accordance with article 3 of
European Parliament and Council Regulation (EC) No 850/2004 of the
29 april 2004 on persistent organic pollutants and on
amending Directive 79/117/EEC,
5. as regards measures for the disposal or recovery of
wastes violate article 7.2 or 7.3 of Regulation (EC) no
850/2004,
6. with regard to measures to prevent or fix leaks
fluorinated greenhouse gases violates the provisions of
Article 3(1) of European Parliament and Council Regulation (EC)
No 842/2006 of 17 May 2006 on certain fluorinated
greenhouse gases,
7. in relation to the recovery of fluorinated greenhouse gases shall
be carried out by certified personnel or staff with appropriate
education violates a provision of article 4.1 and 4.3.
of Regulation (EC) No 842/2006,
8. use of a fluorinated greenhouse gas, or emits an such
gas on the market, and thereby violates a prohibition in
Article 8 or 9 of Regulation (EC) No 842/2006,
9. violates a constraint for the production, placing on the
market or use of a substance, either on its own or in
a mixture or in a product, in accordance with article 67 of
European Parliament and Council Regulation (EC) No 1907/2006 of the
18 december 2006 concerning the registration, evaluation,
authorisation and restriction of chemicals (Reach),
a European Chemicals Agency, amending Directive
1999/45/EC and repealing Council Regulation (EEC) no
793/93 and Commission Regulation (EC) No 1488/94 as well as
Council Directive 76/769/EEC and Commission directive
91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC,
10. placing a chemical product or an explosive article
on the market without complying with the obligation in article 35(1)
or 35 (2), first subparagraph, of the European Parliament and of the Council
Regulation (EC) no 1272/2008 on classification, labelling and
packaging of substances and mixtures, amending and repealing
by directives 67/548/EEC and 1999/45/EC and amending
Regulation (EC) No 1907/2006,
11. as to be manufacturers, downstream users
or someone who enters a chemical product or an explosive
subject to Sweden, placing the product or object on
the market without complying with the obligation in article 35(2), second
subparagraph, of the European Parliament and Council Regulation (EC) no
1272/2008,
12. violation of a prohibition or restriction to
produce, use, import, export, or on the market
placing a substance, product or equipment referred to in
articles 4, 5, 6, 15(1), 17(1), 20(1) or 24(1) of
European Parliament and Council Regulation (EC) No 1005/2009 of the
september 16, 2009 on substances that Deplete the ozone layer,
13. in the case of measures for the recovery and destruction of
ozone-depleting substances in breach of article 22(1), 22(2) or
22(4) of Regulation (EC) No 1005/2009,
14. with regard to measures to prevent or to reduce leakage
of ozone-depleting substances in breach of article 23(1), 23.5 or
23.6 in Regulation (EC) No 1005/2009,
15. use a plant protection product without complying with the conditions
as indicated by the marking as required in article 55 in
European Parliament and Council Regulation (EC) No 1107/2009 of the
21 October 2009 concerning the placing of plant protection products on the
the market and repealing Council Directives 79/117/EEC and
91/414/EEC,
16. on the market of a plant protection product, or a
the help topic that is made available to the public, but to ensure
the drug or substance contains such elements as
discourages or prevents consumption as
required in article 64(2) of Regulation (EC) No 1107/2009;
17. on the market of a plant protection product, or a
excipient without complying with the obligation in article 64(3) of the
Regulation (EC) No 1107/2009;
18. the placing on the market the cosmetic product contrary to
a prohibition or restriction in article 14, 15(1) or 15(2)
in European Parliament and Council Regulation (EC) no 1223/2009
of 30 november 2009 on cosmetic products, if not
the presence of a prohibited substance in a cosmetic product may
deemed inadmissible under article 17 of that regulation, or
19. the placing on the market the cosmetic product without
the product has undergone a safety assessment in accordance with
Article 10 of Regulation (EC) no 1223/2009 or to a
safety report has been prepared in accordance with the same
article.
Liability shall not be sentenced under this section, if
1. responsibility for the offence may be sentenced under section,
2. responsibility for the Act can be sentenced under section 6, or if
liability under section 6 shall not be tried out in consequence of paragraph 6 of the other
subparagraph, or
3. responsibility for the Act can be sentenced under section 9 first
paragraph 9. Team (2013:309).
3 a of For illicit chemical management is sentenced to a fine the
wilfully or negligently takes position with a chemical
product, biotechnical organism or article containing or
have been treated with a chemical product in contravention of a ban
According to a regulation which an authority has communicated with the support of
the Government's authorization according to chapter 14.
Liability shall not be sentenced under this section, if the responsibility for
the Act can be sentenced under section 1 or 3. Law (2006:1014).
paragraph 3 (b) For chemical registration offences shall be liable to a fine or
imprisonment of up to two years the who with intent or by
negligence
1. the manufacture or import of a substance, either on its own or
in a mixture, without making a
registration and thereby violate articles 5
and 6 of Council Regulation (EC) no
1907/2006,
2. producing or importing a product without making a
registration and thereby violate articles 5
and 7(1) of Regulation (EC) No 1907/2006,
3. producing or importing a product without making a
registration-notification and thereby infringes Article 5 and
a decision under article 7(5) of Regulation (EC) No 1907/2006,
4. breach of an obligation to provide or update
information according to article 12(2) or 22 of Regulation (EC) no
1907/2006, or
5. provide false information on a registration or
in an act that complement such notification, if it is
the case of a notification or supplement referred to in article
6, 7.1, 7.5, 20 (2), third subparagraph, 22 (1) and (2), 40 (4) or 41.4
of Regulation (EC) No 1907/2006 and the information has
importance to a government agency or individual risk assessment
or for an official evaluation of the risk of
human health or the environment.
If the crime is gross, is convicted of felony
chemical registration offence to imprisonment for at least six months
and a maximum of six years. In assessing whether the offence is aggravated,
in particular, be taken into consideration if it has meant large quantities of a
topic, has led or been able to cause damage of great
scale or of a serious nature or has been going on for a long
time. Law (2010:742).
4 § Of unauthorized environmental activity is sentenced to a fine or
imprisonment of up to two years the who with intent or by
negligence
1. starting or operating a business or take a
operation without a licence or authorisation or without having
made a notification, or having made a notification
starting an activity or action without following a
the prescribed time limit, all as required by
(a)) the provision in Chapter 7. 28 a special section on the protection of
natural areas, if the business or operation is not covered by
a licence or an exemption under the provisions of 9
or 11-15 chapter,
b) regulations that the Government has communicated with the support of 9
Cape. section 6 if hazardous activities,
(c)) the provision in Chapter 9. 6 c § If notifiable
environmentally hazardous activities,
d) provisions of Chapter 11. or regulations that the Government
have notified under Chapter 11. If water operations,
(e)) the provision in Chapter 11. paragraph 9 (b) of
notifiable water operations,
f) provision in Chapter 11. section 22 to have a facility for
the disposal of groundwater out of use,
(g)) the provision in Chapter 12. section 6, or regulations that
the Government has announced, with the support of 12. section 6, if a
activity or measure shall be notified for consultation,
h) provision in chapter 13. section 12 on the deliberate release into the environment of
genetically modified organisms and about to drop out
products containing or consisting of GMOs on
market,
in) regulations that Government has announced with the support of 13
Cape. section 16 on the contained use of genetically modified
organisms,
j) provision in chapter 14. section 4 If imports from a country
outside the European Union or the European economic
area, placing on the market and use of
chemical and biological pesticides,
k) regulations that the Government has communicated with the support of 14
Cape. section 8 on handling, importation, exportation, licensing,
approval or notification of chemical products, biotechnological
organisms or products,
l) the provisions of article 56 of Regulation (EC) No 1907/2006
If the conditions for the use of a substance listed in
Annex XIV to that regulation or let out such a
substance on the market,
m) the provisions of article 28(1) of Regulation (EC) no
1107/2009 laying down requirements on authorisation of plant protection products,
n) provisions concerning requirements for the authorisation of biocidal products in
Article 17(1) of Regulation (EU)
No 528/2012 of 22 may 2012 if the provision of
the market and use of biocidal products, or
o) provisions of chapter 17. If the Government's
tillåtlighetsprövning, or
2. as the holder of the authorization or decision
on admissibility, consent or exemption that applies to
business or operation and which has been issued with the support of
code, Regulation (EC) No 1907/2006, Regulation (EC) no
1107/2009 or regulation (EC) No 528/2012 violates a
terms and conditions or a provision in the permit, or in the
the decision.
In the case of a condition or provision
noise (noise conditions) that have been specified in such a condition
or decision referred to in the first subparagraph 2 shall
relationship to a residential building is exposed to
environmental noise in combat with noise condition not considered
constitute a breach of the condition, if
1. the building is part of an area with detailed plan or covered
of a building permit under the planning and building Act (2010:900),
2. the description of the plan to the plan or in the permit has
specified expected noise levels and ambient noise not
exceeds these values, and
3. the calculation of bullervärdena has been made with regard to
the interest to prevent inconvenience to people's health.
Liability shall not be sentenced under this section, if the responsibility for
the Act can be sentenced under section or if the Act is subject to
of a regulation that the Government has communicated with the support of 30
Cape. section 1 if the obligation to pay the miljösanktions fee.
Law (2015:670).
4 a of for the unauthorized transport of waste is sentenced to a fine or
imprisonment of up to two years the who with intent or by
negligence
1. carrying waste without a licence and thus breaks
against the rules that the Government has communicated with the support of 15
Cape. section 25 on the licensing of professional transport of waste,
2. within the European Union carrying waste without making
a prior written notification and without having a valid
approval and thereby violates articles 4 and 9.6 in
European Parliament and Council Regulation (EC) No 1013/2006 of the
14 June 2006 on shipments of waste,
3. from the European Union exports waste for
disposal, thereby violating an export ban
under article 34 of Regulation (EC) No 1013/2006,
4. from the European Union exports waste for
disposal without having a written consent and
thereby violate article 35(4) of Regulation (EC) no
1013/2006,
5. from the European Union exports waste for recycling
and thereby violating an export ban in accordance with article 36 of the
Regulation (EC) No 1013/2006,
6. from the European Union exports waste for recycling
to a country that is subject to the procedural requirements of article 37
of Regulation (EC) No 1013/2006 and thereby violates a
prohibition or a requirement for prior written notification concerning
According to article 37 (2) second subparagraph, or 37.5 in regulation
(EC) No 1013/2006 or applicable according to article 1 of
Commission Regulation (EC) no 1418/2007 of 29 november
2007 concerning the export for recovery of certain waste listed
in annex III or IIIA to the European Parliament and of the Council
Regulation (EC) No 1013/2006 to certain countries that are not
the OECD decision on the control of transboundary
shipments of waste,
7. from the European Union exports waste for recycling
to a country that is subject to the procedural requirements of article 38
of Regulation (EC) No 1013/2006 without having a written
approval and thus violate article 38 (4) (a),
8. from the European Union exports waste without
the waste is destined for disposal or recycling in a
facility where the disposal or recovery operation is carried out according to the
the provisions in force in the host country, thereby
violate any of articles 35(5), 37.4 and 38(6) of
Regulation (EC) No 1013/2006,
9. from the European Union exports waste for
disposal in an overseas country or territory, and
thereby violating an export ban in accordance with article 40(1) of
Regulation (EC) No 1013/2006,
10. the European Union import waste for
disposal and thereby violates a ban
According to article 41 of Regulation (EC) No 1013/2006,
11. the European Union import waste for
disposal without having a written consent and
thus infringes Article 42(4) of Regulation (EC) no
1013/2006,
12. the European Union import waste for recycling
and thereby violates a ban pursuant to article 43 of the
Regulation (EC) No 1013/2006,
13. the European Union import waste for recycling
without a written approval and thereby break
against article 44(4) a or 45 in conjunction with article 42.4 (a)
Regulation (EC) No 1013/2006,
14. the European Union importing waste from such
overseas country or territory referred to in article 46
of Regulation (EC) No 1013/2006 without making a written
prior notification and without having a valid approval and
thereby violate article 46(1), in conjunction with articles 4
and (6), or
15. mixing waste during transport in breach of article 19 of the
Regulation (EC) No 1013/2006.
For attempted offences referred to in the first subparagraph 3 – 9 is sentenced
liability under Chapter 23. the Penal Code. Law (2010:210).
5 § For aggravating environmental control is sentenced to a fine or
imprisonment of up to two years the who with intent or by
negligence
1. leave a false indication as from environmental or
the point of view of health protection is important for a government examination
or supervision, if the information submitted in an application, notification
or other document shall be submitted to an authority
According to
a) a provision of this beam, article 62 of the
Regulation (EC) No 1907/2006 or article 33(1) – 33.3 in
Regulation (EC) No 1107/2009;
(b)) a regulation that the Government has communicated with the aid of
the beam, or
c) pursuant to a decision of the case given
with the support of the code, article 46 of Regulation (EC) No 1907/2006
or Government regulations;
2. in the case of an activity or action which is permit-
or notifiable under the provisions of 9, 11, 13
or Chapter 14. or according to rules that the Government has
announced pursuant to the provisions in breach of a
Regulation that the Government has announced about the obligation to
inform the supervisory authority of a disruption in the
operations or similar events that can harm human
health or the environment,
3. violates a provision of Chapter 10. section 11, paragraph 12
paragraph or section 13, if the obligation to notify
the supervisory authority of a pollutant, the imminent danger of
a serious environmental damage or serious environmental damage,
4. in the case of contained use, deliberate release
or placing on the market of genetically modified
organisms in breach of a regulation to which the Government has
announced pursuant to chapter 13. If the obligation to notify
aware of new information or changing circumstances,
5. in the case of professional manufacture or importation of
chemical products violates a regulation that the Government has
announced pursuant to chapter 14. 12 or section 13, if the obligation to
make a declaration for registration of a product register,
6. in respect of the manufacture or placing on the market of
chemical products and biotechnical organisms violates
the provisions of Chapter 14. section 18 if the obligation to inform about
adverse effects,
7. in the case of an approved plant protection products not to leave
such information about the vehicle as required under article 56(1) of
Regulation (EC) No 1107/2009, or
8. in the case of cosmetic products to disclose
information to the European Commission in accordance with
Article 13.1, 13.2, 13.3, 13.4 or 16(3) of Regulation (EC)
No 1223/2009 or to update information to the European
Commission in accordance with article 13(7) of the same regulation.
Team (2013:309).
section 6, For lack of environmental information shall be liable to a fine or
imprisonment of up to two years the who with intent or by negligence
1. in the case of chemical products and biotechnical organisms
breach of the provisions on product information in chapter 14.
by
a) incorrectly classifying or not classifying a
product as required in the regulations that the Government has
announced pursuant to chapter 14,
b) fail to notice a product or to provide other
product information as required in the regulations
the Government has notified pursuant to chapter 14,
c) help with the appropriate symbol or representation of
hazard or risk or with other clear warning notice a
product or otherwise provide product information, if
the label or the information is required for the protection of
human health or the environment, or
d) provide false or incomplete product information,
2. in the case of chemical products violates a provision of the
European Parliament and Council Regulation (EC) no 689/2008 of the
17 June 2008 concerning the export and import of dangerous chemicals
by
a) fail to notice a product with a hazard symbol, a
indication of danger, a risk phrase or a warning sign according to what
as required in article 16 (1),
b) fail to provide safety data sheets as required in
Article 16(3), or
c) provide false information on the label or
the safety data sheet,
3. in the case of detergent, violates
Regulation (EC) No 648/2004, fail to notice
packaging as required in article 11,
4. in the case of products and equipment containing
fluorinated greenhouse gases in breach of Regulation (EC) No 842/2006
by fail to notice the products and equipment referred to in
as required in article 7,
5. in the case of chemical products in breach of Regulation (EC) no
1907/2006 by
a) fail to provide the recipient of a substance or a
blend with a safety data sheet in accordance with the requirements of article
31,
b) provide false or incomplete information in the
the safety data sheet, or
c) help as required in article 33
provide a receiver or consumer information on
the name of a substance contained in a product and are indicated in the
Annex XIV to regulation or specified in the
candidate list referred to in article 59,
6. in the case of chemical products and explosive objects breaks
to Regulation (EC) no 1272/2008 by
a) incorrectly classifying or not classifying a
substance, mixture or an explosive article as
required in articles 4.1, 4.2, 4.3 and 4.8, or
b) incorrectly label or not to label a substance, a
blend or an explosive article as required by
articles 4.4, 4.7 or 4.8, or
7. in the case of treated seed or plant protection products breaks
to Regulation (EC) No 1107/2009 by
a) incorrectly label or not to label a treated
seed as required in article 49(4),
b) incorrectly tag or not to tag a
plant protection products as required in article 65(1) and in
Commission Regulation (EU) no 547/2011 by 8 June 2011
on the application of the European Parliament and Council regulation
(EC) No 1107/2009 as regards labelling requirements for
plant protection products, or
c) provide false or incomplete product information according to the
as required under article 66(1), 66(2) or 66.5.
Liability shall not be sentenced under this section, if
the failure or incorrect or incomplete
the information was such that it could not impede
the assessment of the risk of damage to human health or the
environment. Responsibility should also not be sentenced under this section
If responsibility for the Act can be sentenced under section 9, first subparagraph
9. Law (2012:150).
section 7 of The who with intent or by negligence clutter up outdoors
in a place that the public has access or openness to the condemned
for littering to fines or imprisonment of up to one year.
7 a of the one who commits an act referred to in paragraph 7 is convicted of
the littering offence to monetary fines, where littering is
considered to be less serious. Law (2011:734).
section 8 to a fine or imprisonment of up to two years is convicted on that with
wilfully or negligently:
1. violates a regulation for total defense that has
issued pursuant to Chapter 1. section 5, if an infringement of the
statutory provision from which the deviation has been prescribed are
as a criminal offence,
2. violates a rule of precaution within an
environmental protection area, which the Government has communicated with the support of
Chapter 7. section 20,
3. breach of a regulation or a decision prohibiting
discharge of waste water, etc., that the Government has communicated with
support of Chapter 9. paragraph 4,
4. breach of a regulation on precautions for
environmentally hazardous activities, which the Government has communicated with the support
of Chapter 9. section 5,
5. in an environmental danger zone as referred to in Chapter 10. section 17 taking a
action that increases the load of pollutants in or near
area, otherwise impair the environmental situation or
complicates the reparation measures,
6. breach of the obligation to maintain a
water system arising out of Chapter 11. section 17, first subparagraph,
20 paragraph or section 21, first paragraph,
7. violates a prohibition for the protection of the natural environment according to
12 Cape. paragraph 6, fourth paragraph,
8. violate the provision in chapter 13. section 8 on the investigation before
a gene technology activities initiated or against a regulation on
the investigation, which the Government has notified under Chapter 13.
section 9,
9. breach of a regulation on precautions for
gene technology activities that the Government has communicated with the support of
Chapter 13. section 11,
10. breach of the obligation to draw up a
chemical safety report as required in articles
37(4) and 39(1) of Regulation (EC) No 1907/2006,
11. breach of the duty to provide the European
the Agency with the information as required in
articles 38, 39.2 and 66(1) of Regulation (EC) No 1907/2006,
12. prohibition against dumping or incineration of
waste according to chapter 15. section 31, or
13. violates a ban on fishing in the individual case
ordered pursuant to Chapter 28. section 13.
For attempted offences referred to in the first paragraph 12 shall be liable to a
liability under Chapter 23. the Penal Code.
Liability shall not be sentenced under this section, if the responsibility for
the Act can be sentenced under section 9 or section 5.
Law (2010:210).
section 9 to fine person who wilfully or negligently:
1. violate the provisions of article 6(3) of Regulation (EC) no
338/97 on the obligation to disclose in an application
earlier refusal,
2. breach of a regulation or a decision in a single
case of idling or review as Government or,
After the Government's authorization, a public authority has communicated with
support of Chapter 9. section 12,
3. violates a regulation on management of agricultural land
the Government or, by authority of the Government, a
Authority has notified pursuant to Chapter 12. section 8,
4. breach of a regulation on the management of manure
the Government or, by authority of the Government, a
Authority has notified pursuant to Chapter 12. section 10,
5. upon such cultivation of genetically modified organisms
covered by a permit under Chapter 13. 12 § the contravenes
providing for precautions to the Government or,
After the Government's authorization, a public authority has communicated with
under Chapter 13. section 11,
6. breach of a regulation on the labelling of genetically
modified organisms, Government or, after
the Government's authority, a government agency has notified under
of Chapter 13. section 18,
7. breaches a provision of traceability or labelling
According to article 4.1, 4.2, 4.3, 4.4, 4.6, 5.1 or 5.2 in
European Parliament and Council Regulation (EC) no 1830/2003 of
on 22 september 2003 concerning the traceability and labelling of genetically
modified organisms and the traceability of food and
feed products produced from genetically modified
organisms and amending Directive 2001/18/EC,
8. violates a provision for information, identification,
documentation or notification pursuant to article 6, 12 or 13 in
European Parliament and Council Regulation (EC) no 1946/2003 of the
on 15 July 2003 on transboundary movements of
genetically modified organisms,
9. placing on the market the cosmetic product which is not
meets the requirements for marking in accordance with article 19.1 or 19.2 of the
Regulation (EC) no 1223/2009, or on the market
provides a cosmetic product that does not meet the
the requirements on labelling in accordance with article 19 (1) (a), (e) or (g) of the same
Regulation,
10. breach of the obligation to submit information under
Article 9 of Regulation (EC) No 648/2004,
11. breaches a provision of information or
documentation under article 32, 34 or 36 of regulation
(EC) No 1907/2006,
12. violate the provision in chapter 15. paragraph 21, first paragraph
or a regulation that the Government has communicated with the support of
15. 21 section on the ban to take position with a
waste transport by professional or otherwise in
more extensively collect and remove waste;
13. breach of a regulation that the Government has communicated with
the support of the 15 Cape. 25 paragraph 2, for
off-site transfers leave waste other than domestic waste to the
that does not have the permits required for such transport,
or
14. in the case of a plant protection product authorised in another
country in the European Union but which are not approved in Sweden
breach of article 52 of Regulation (EC) No 1107/2009 by
to bring the vehicle into Sweden, placing it on the market
or use it without the vehicle covered by such
parallel trade permit as required by the article.
Liability shall not be sentenced under this section, if the responsibility for
the Act can be sentenced under section. Team (2013:309).
section 10 of the prosecution of an offence referred to in section 6, first paragraph
5 (c) concerning an infringement of article 33(2) of regulation
(EC) No 1907/2006 may be brought only if an indictment is required
from a general point of view. Law (2008:240).
section 11 Of an act referred to in 2, 2 a, 2 b, 3, 3 a or 3 b,
4 Article 2, paragraph 1 or 7, 8 or 9 are considered to be
that call, not the responsibility. An offence is deemed to be
that call if it appears insignificant with respect to the
interest that is intended to be protected by the penal provision.
To liability under this chapter shall be liable if the Act is not
faced with the same or stricter penalties in the criminal code, or
If responsibility for the Act can be sentenced under the Act (2000:1225)
If the penalty for smuggling.
If the imposition of fines has been infringed, shall be liable not to liability
under this chapter for an offence covered by the
the injunction.
If an act referred to in paragraphs 1 to 9 can induce
miljösanktions fee and not likely to lead to other
penalty than fines, prosecution may be instituted by the public prosecutor only if the prosecution
appropriate from a general point of view. Law (2011:734).
section 12 of the animals, plants, animal products or derived
plants, utbrutet materials for täktverksamhet, chemical
products, biotech organisms or products containing
chemical products or genetically modified organisms, or
products containing or consisting of genetically modified
organisms, which have been the object of offences referred to in 1, 2, 2
(b), 3, 4, 5, 6, or section 8 may be declared forfeited, if not
is manifestly unfair. The same applies to the value of the property
or exchange of such an offence.
Vehicles and other property which has been used as
AIDS in crime under 1, 2, 2, 3, 4, 5, 6 or 8 §
may be declared forfeited, if necessary, to prevent
crime or if there are special reasons. The same
applies to property which has been designed to be used as an aid
in case of such offences, if the crime was completed or if
the procedure has been a punishable attempt or a
criminal preparation. Instead of the property, its value
wholly or partly explained forfeited. Law (2011:512).
section 13 The who committed offences under paragraph 12 is sentenced
at the Swedish court, although Chapter 2. 2 or 3 of the Penal Code
is not applicable. Have it took place in Swedish
economic zone, may be charged by the Court whose
judicial district closest to the place where the crime was perpetrated.
Law (2010:742).
section 14 if anyone who incurred responsibility under section, have voluntarily
averted such a hazard or effect referred to therein before a
considerable inconvenience incurred, may be sentenced to lighter
penalty than is prescribed for the offence.
Law (2006:1014).
30 Cape. Miljösanktions fees
section 1 of the Government may provide for a specific
fee (miljösanktions fee) must be paid by the
1. start a business that is licensed or
notifiable under this beam or according to regulations
delivered with the support of the beam, without that authorisation has
given or notification has been made,
2. override the terms or other provisions of a
licence ordered pursuant to this beam or with
support of regulations that have been issued with the support of the beam,
or
3. override other provisions of this beam, regulations
delivered with the support of the beam or the provisions of the EU
regulations within the scope of the beam.
The amount should be indicated in the regulations. The fee shall
amount to at least 1 000 kroons and not more than 1 000 000 kroons. When
the amount is determined, account shall be taken of the
the gravity and importance of the provision to which the infringement
refers to. Law (2011:322).
section 2 of the A miljösanktions charge to be levied even if the breach
was not done intentionally or negligently.
The fee may not be charged if it would be unreasonable to
account of
1. disease that led to the charges the culprit not been able to
on their own or entrust someone else do it who
the fee for the culprit,
2. the breach due to a circumstance that could not have
or should have been foreseen or that the charges not guilty
been able to influence,
3. What is the fee the culprit has done in order to avoid a
infringement would occur, or
4. that the infringement has caused the penalty according to the provisions
in chapter 29.
Miljösanktions fee shall accrue to the State. Law (2006:1014).
section 3 of the regulator decides on miljösanktions charge.
Before the supervisory authority decides on the fee, the
the claim directed to be given an opportunity to be heard.
paragraph 4 of the decision to charge a fee is miljösanktions
served on the charges. Law (2006:1014).
5 § miljösanktions fee shall be paid within thirty days
After the decision to withdraw the charge is notified
According to paragraph 4, if the supervisory authority in the decision not to have particularly
a later point in time.
The decision on the miljösanktions fee, after the last
the payment date shall be enforced as a judgment
force. Law (2006:1014).
6 § Miljösanktions fee shall not be decided, if the
the claim is directed against not within five years from the
the conditions pursuant to paragraph 1 to decide if the charge is
occurred has been given an opportunity to be heard.
section 7 of The program in accordance with a decision of a supervisory authority shall
pay a miljösanktions fee may appeal the decision to the
land and Environment Court. Law (2010:923).
paragraph 8 of The agreed miljösanktions fee fall away if the decision
If the fee has not been effected within ten years from the
the decision has become final.
9 § Miljösanktions fee shall be refunded, if
the liability has been repealed by decision has won
the force of law.
Interest on miljösanktions fee to be refunded pursuant to the first
subparagraph provided pursuant to paragraph 5 of the interest Act (1975:635) for the period from
the date the fee was paid to the date the fee
will be refunded.
section 10 of the Government or the authority the Government may
announce details about the order in which
miljösanktions charges;
SEVENTH DIVISION
COMPENSATION AND DAMAGES ETC.
31. Compensation in the event of intervention by the public and by
authorisation of water operations, etc.
The chapter content, etc.
section 1 of This chapter are applicable in matters of compensation for
Some interventions by the public as well as in the authorisation
of water operations. The chapter also contains provisions
for compensation when harm occurred as a result of the prohibition of
fishing.
the provisions of paragraph 2 of the expropriations Act (1972:719) shall apply
at compensation and redemption under this chapter unless the beam
contains different provisions.
section 3 What's in this chapter about property shall also apply
particular the right to property.
Compensation and redemption due to certain regulations,
injunctions and prohibitions
4 § the property owner has the right to compensation on the basis of
decision to land occupied or to ongoing
land uses in the affected part of a property significantly
hampered, if the decision concerns
1. regulations under Chapter 7. section 3 measures and
restrictions relating to national parks,
2. the provisions referred to in Chapter 7. 5, 6 or 9 § the actions and
restrictions related to the nature reserve and cultural reserves,
3. a derogation referred to in Chapter 7. 11 section that has
together with specific conditions or a refusal to provide a
dispensation pursuant to Chapter 7. section 11, second paragraph, if the exemption refers to
a habitat protection area pursuant to Chapter 7. 11 paragraph 1,
4. the establishment of a habitat protection area pursuant to Chapter 7. section 11 of the
the first subparagraph of paragraph 2,
5. regulations under Chapter 7. section 22 on measures and
restrictions relating to water protection areas,
6. protection of special areas under Chapter 7. 28 a-29 (b) § §,
or
7. injunctions or prohibitions under Chapter 12. section 6 of the fourth
the paragraph relating to certain activities.
A regulation pursuant to Chapter 7. 3 § on the restriction of the right to
the hunt for bear, Lynx, Wolf, Wolverine, moose, or Eagle does not
the right to compensation. Law (2009:1322).
paragraph 5 of the decision referred to in paragraph 4(1) 1, 2, 5
or 6 means that a permit is required for a particular
activity or action, will be paid compensation only if:
permits have been refused or blended with special conditions.
If under Chapter 7. section 24 has announced a ban to take
an action without permission and a permit is refused, the terms of section 4 of the
the first paragraph. Law (2009:1322).
section 6 of the repealed law (2009:1322).
section 7 Compensation under paragraph 4 is paid by the State. If there is a
the municipality has announced the decision referred to in paragraph 4, the
compensation instead paid by the municipality.
If the rules referred to in paragraph 4 of the first paragraph 5 has
decided by the County Board, on application by a municipality or
the water protection area in whose interest has been identified, should
compensation must be paid by the applicant. The same applies if such
regulations adopted by a municipality after application of the
in whose interest requirements have been notified. Law (2009:1322).
section 8 where, in a case referred to in paragraph 4(1) occurs
serious nuisances upon ongoing usage of the property,
the property owner has the right to have the property of honored instead
in order to receive compensation under section 4. Depends the inconvenience of a
prohibition to take certain action without permission, paragraph 5 of the first
subparagraph shall apply.
section 9 for the purposes of paragraphs 4 and 8, consideration should be given also to
other decision under Chapter 7. 3, 5, 6, 9 or section 22, the prohibition referred to in
Chapter 7. section 11, second paragraph, injunctions and prohibition under 12
Cape. the fourth paragraph, paragraph 6 of the decision under section 18 of the forestry law
(1979:429) and the decision referred to in chapter 14. 5-7 and 10-13 § §
the planning and building Act (2010:900). This applies during
condition that the decisions have been handed down within ten years prior to the
recent decision. In addition, such an impact of
considerations under section 30 of the forestry law, which in particular
cases have occurred in the same time.
If a right of action, compensation or redemption on the occasion
by such a decision have been lost due to the provisions of
12 or section 13, or the corresponding provisions in the plan and
Building Act, this relationship does not preclude
the decision shall be taken into account in accordance with the first paragraph. Law (2010:902).
Compensation for certain surveys
section 10 For damage and breach added the property owner by
measures in accordance with Chapter 28. 1 § paid compensation by the State. If
measures have been taken by a municipality or by someone else on
behalf of a municipality, shall be paid compensation in lieu of
the municipality.
The remuneration referred to in the first subparagraph shall not be paid if
measures taken in respect of supervision of the activities
exerted on the property.
Action for compensation brought by the land and Environment Court in
whose area the ground or most of it exists.
Law (2010:923).
Compensation for stängselgenombrott injunctions
section 11 of the have fences and has organised a gate or any
other review because of an injunction in accordance with chapter 26.
section 11 is entitled to compensation from the State for this and for
maintenance of the walkthrough. Compensation shall not be paid,
If it is clear that the fence only aims to shut out
the public from an area where it otherwise would have been
travel freely.
The first subparagraph shall also apply when a transition has been made over
a ditch because of an injunction in accordance with chapter 26. 11.
Notification of claims
section 12 Before the authority makes a decision that could lead to
compensation according to the 4, 5, 10 or section 11, it may
submit to those who want to claim payment or redemption
within some time, at least two months, register their claims and
specify their claims at the penalty to the right of the action otherwise
is lost.
What in terms of compensation or the redemption is agreed or
obviously been in effect between the culprit
and a case owners also apply against it after the law
for payment arose has acquired the right to sakägarens
the property.
Action
section 13 does not have agreement on compensation under 4
or section 11, or if redemption according to section 8 of and do not have the right to
the action has been lost under section 12, the who would make
claims for compensation or require redemption may bring an action in
land and Environment Court against any person who is liable to pay
compensation or to redeem the property. Such actions shall
be brought within one year from the day on which the claim
based has become final in penalty to the right of
compensation or redemption or else is lost.
Law (2010:923).
section 14 When Regulation shall be communicated to under Chapter 7. 5, 6, 9
or section 22, the culprit in the land and
the environmental court action against a party to determine
the conditions shall apply to remuneration or redemption, if
the regulations will be announced. Regulations not notified by the
content that has been assumed by the land and Environment Court in a
years from the time the case was settled by a judgment
final judgment shall no longer be binding on the parties.
Law (2010:923).
Repayment of compensation
section 15 Has been paid compensation in accordance with § 4 due
regulations or tillståndsvägran and repeals regulations
in whole or in part, or are given permission or an exemption, may
the property owner shall be ordered to pay back compensation
or part of it, if it is reasonable in the light of
property owner's use of it, and the circumstances in
otherwise. This applies also, if an action has been taken in battle
against such regulations or against such a decision
tillståndsvägran and the regulator has decided not to
require correction.
Application for refund shall be brought in the land and
the environmental court within one year from the decision that the claim
based on the final and last 10 years after
that compensation was paid in penalties to the right to bring
the action would otherwise be lost. Law (2010:923).
Compensation and redemption in conditions of water operations
section 16 of The as the basis of a licence pursuant to Chapter 11. by redemption
or otherwise taken someone else's property or take
an action that damages someone else's property shall pay compensation in respect of
What is renounced or damaged unless otherwise specifically
before written. Compensation shall be paid also for damage caused
the prohibition of fishing in accordance with Chapter 28. section 13.
Compensation shall only be paid for damage that persists, then
preventive or remedial measures have been carried out by
the holder of the authorization.
section 17 of the real estate or property elements that are affected by
serious inconveniences of an activity for which a permit
has been granted in accordance with Chapter 11., shall be redeemed, if the owner requests
it.
The culprit is entitled to redemption, if this would
result in only a small increase in the property owner's compensation
and the property owner does not have a considerable interest in
to retain the property or real estate. The costs of
measures referred to in paragraph 16 should be included in the
the compensation.
Damage to private property in conditions of water operations
section 18 of an activity for which a permit has been granted in accordance with
11 kap. causes damage to a property belonging to the person who has
a State, the compensation for damage shall be determined. This
does not apply, if the concessions were submitted by all
creditors who have liens on the property. If the property is
the committed jointly with other property, in addition to
property owners and holders leaving the concessions
provides for relaxation in Chapter 22. section 11 of the land code.
Consent is required but not for the right Court
crucial is essentially irrelevant.
Compensation for tearing a water plant
section 19 of The authorised to tearing a
water system or has been imposed or granted in accordance with Chapter 24.
4 § to tear out a water system shall pay reasonable
compensation for damage to property caused by
lasting changes in water conditions. Obligation to pay
compensation for such loss of benefit caused by the
utrivningen is available only if the benefit is granted in
permitting the judgment or agreement made in connection with
water the plant's inception. Compensation is payable in such cases
only for expenses caused by the loss of the benefit.
If permission to tear out a water facility has been provided to
someone other than the person who is obliged to maintain the plant
and the obligation to pay remuneration has been imposed in connection with
This compensation may be sought by the debtor.
Compensation in the event of reassessment of water operations
section 20 of the reimbursement of a loss or limitation provided, if
review under Chapter 24. section 5 or under Chapter 7. 13 or 14 of the
Act (1998:812) with specific provisions on water operations
results in loss of water or drop or restriction in
the right to regulate water runoff for the authorized
the water operations referred to in the review and if
subject to the provisions of section 22. Compensation is not paid to the part
the loss or limitation is to count as improving
a water plant safety.
Compensation is payable for revalidation of water operations in accordance with
this beam or pursuant to lagen (1998:812) with special
provisions for water operations causes harm to any other
than the licensee subject to the review. For
recipients of cooperative power, however, certain restriction under 8
Cape. section 4 of the Act (1998:812) with specific provisions on the
water operations.
The compensation referred to in the first or second subparagraph, §§ 16-18
applied.
section 21 Indemnification under section 20, first paragraph, shall be borne by the who
has requested a reassessment or, for relief under Chapter 7. section 14 of the
Act (1998:812) with specific provisions on water operations
includes licences to competing water sources, of
each licensee.
Compensation paid under section 20, second paragraph,
1. If the review is carried out in accordance with Chapter 24. 5 or section 8, of the
the holder of the authorization,
2. If the review under Chapter 7. section 14 of the Act (1998:812)
specific provisions relating to water operations include permits
to competing water supplies, of either the licensee,
3. in another review, of the who requested the review.
Compensation for reduction of power from hydroelectric plants
subject to the review to be paid by the authorized
to the power plant.
Limitation of benefit entitlement at the reconsideration of certain
water operations
section 22 A licensee is required to withstand without compensation
specific part of a loss or restriction if there is a loss
or restriction referred to in section 20, first paragraph and the
prompted by an objection to the benefit of the public
fishing interest, public port or navigable waterways, public health
or, in the case of review under Chapter 24. section 5 or under Chapter 7.
the first sentence of paragraph 13 of the Act (1998:812) with special
provisions for water operations, for the benefit of the public
environmental care.
The part not reimbursed the total loss or
the restriction as a result of the various reassessments and of
water operations referred to in section 23 and represents in terms of
1. the hydroelectric plant: a maximum of one-fifth and lowest one twentieth of
the production value of the hydro power which according to announced
permission can be withdrawn at the plant after the deduction of the part
of the value of production as a result of water regulations,
2. water regulation for power purposes: no more than one-fifth and
not less than one twentieth of the production value of the hydropower
as according to the announced authorization can be withdrawn at each power plant
and that is a result of the regulation,
3. other water operations: no more than a fifth, and at least one
1/20th of the value of the quantity of water, drop or
magazine volume covered by the authorization for the operation.
When the land and Environment Court leaves a
water operations for which this limitation in
benefit entitlement shall apply, the Court shall, within the limits
referred to in the second subparagraph 1-3 determine the part not
are replaced. Account shall then be due mainly to the impact of
at sea-and river conditions, the advantage or
nuisance activities are expected to result from a general point of view
as well as the degree of benefit for the licensee and the recipient of the
cooperative force.
Upon review before the under 24 Cape. 5 paragraph 1
set the time the part not reimbursed shall be reduced
relative to the time that remains to this date.
Law (2010:923).
section 23 of the right to compensation is limited in the same way as
under section 22 of the authorized under this beam
to a water operations caused loss of water or
drop or restriction of the right to regulate water
runoff as a result of that consent is granted to a
water operations that shall meet the General
fishing interest, public channel or general port, health care
or the General environment.
What has been said now also applies to loss of height which is not
expanded. Thus the part not reimbursed shall be equal to a
1/20th the value of hydropower in the power case
after deducting what of this value is the result of
water regulations.
Payment notification concerning compensation for permission to
water operations
paragraph 24 of the report to the County Board pursuant to Chapter 6. 4 §
Expropriations Act (1972:719) needs for the purposes of
This chapter will only be made for compensation relating to land
must be redeemed.
Grace period relating to compensation in case of permission to
water operations
section 25 When permission has been granted in accordance with Chapter 11. should compensation
for the redeemed land paid and notification pursuant to Chapter 6. 4 §
Expropriations Act (1972:719) be made within six months from the
to both the permitting issue as the issue of compensation has been settled
final. Compensation which do not relate to the redeemed land and to be
taken out at one time shall be paid within two years of the same era. If
the replacement obligation does not comply with what has been said now, is
the right acquired in respect of the eligible
lost.
Time limits may be shortened or extended if the parties
agree or if there are special reasons for it.
Compensation determined after the permission to
water operations have been used
section 26 Of the compensation as a result of a water operations or
other measure has been determined definitively only after the
the State has appropriated, the part of the remuneration
that exceeds that determined previously paid and notification
According to Chapter 6. section 4 of the expropriations Act (1972:719) be made within a
month of the compensation was determined. The same applies to
compensation has been determined in the context of the approval of a
water operations already carried out.
If the final scheduled compensation does not exceed the
compensation which in the past has been established and it would otherwise
have been the deposit or registration obligation, the
the remuneration report of the compensation obligation decision
the County Board since this has become final.
section 27 of the compensation referred to in section 26 of the first subparagraph is calculated
interest in accordance with paragraph 5 of the interest Act (1975:635) from the day the ground
the deal, vattenverksamheten began operation
was carried out, subject to the second subparagraph. If
the payment is not made on time, the interest referred to in section 6,
the interest Act for the time after the delay arose.
On compensation relating to unforeseen damage will be charged interest
According to section 6 of the interest Act from the date of the claim
produced by the land and Environment Court.
If the replacement obligation fails to pay such
compensation pursuant to section 26 of the first subparagraph shall be paid by
deposit shall at the request of the Administrative Board who are
entitled to compensation or a part of this search
enforcement of the judgment or the decision establishing
the compensation is determined. Law (2010:923).
Completion of redemption as concerning permission for water operations
section 28 of the redemption of the land is complete when the culprit
has complied with its obligations under Chapter 6. section 1 of the first
subparagraph, and paragraph 4 of the expropriations Act (1972:719). Redemption
be completed even if the interest rate under section 27 of the first subparagraph is not
paid.
Right to make use of the authorisation to water operations
section 29 of the culprit may use the authorization by
take the property or take action that causes harm
for anyone else when the obligations laid down in Chapter 6.
section 1, first subparagraph, and paragraph 4 of the expropriations Act (1972:719) has
completed. For this case, the limitation of
the notification requirement as stated in section 24 shall apply.
If necessary, in the light of the ersättningsberättigades
conditions, the land and environment court determine equitable
suspension of access or with the execution of the operation.
Law (2010:923).
Repayment of compensation relating to the authorisation of the
water operations
section 30 of the amount of compensation which has been paid in respect of
authorization under Chapter 11. may not be recovered.
The amount may be recovered if the conditions which gave rise to
the decision on compensation is suspended for the action of the
eligible beneficiaries.
Other provisions
section 31 of the Compensation pursuant to this chapter shall be determined in the money
payable at one point.
Compensation in the cases referred to in paragraph 5 of the second paragraph, however,
paid with a specific annual amount. If there are particular
reasons, receives payment counted against remuneration which may be
to be paid in accordance with paragraph 4(1) or section 8.
If there are special reasons, it may, at the request of the
the replacement obligation or the eligible
determined also to remuneration under paragraph 4, first subparagraph
or section 11 must be paid with a certain annual amount with the right
to get review by changing conditions.
With regard to compensation under section 4 due to injury or
inconvenience to reindeer comes to paragraph 28
the reindeer husbandry Act (1971:437). Law (2009:1322).
repealed by 32 teams (2010:815).
33 § Whether a creditor who had mortgages on the property when the right
to compensation arose makes a loss because the compensation
have been deposited with the County Administrative Board, the creditor has the right to
replacement of the culprit for the loss against
amortization of debt. The same applies, if a
creditor makes a loss because compensation has not been determined
or become too low and the amount of compensation by mutual agreement
between the culprit and the eligible
or for any other reason not been tested in court. Right
to compensation is also provided for loss due to
agreement has been reached on the compensation in forms other than cash
or if that preventive or remedial measures shall
be carried out.
Claims for compensation under the first subparagraph shall be brought in the
land and Environment Court. Law (2010:923).
34 § if necessary, the decision on compensation is taken into
provisions which shall prevent the replacement worker makes a
loss due to changes in currency values in the meantime
from replacement decision until payment has been made.
35 § when the redemption of land is completed, this must be noted in the
real estate register's General del. Act (2000:228).
36 § If there is dispute about the better right to compensation, must
the compensation deposited with the County Administrative Board, although the deposit
not be needed under Chapter 6. section 1 of the expropriations Act (1972:719).
The provisions of Chapter 6. 17-19 of the same law should be applied in
respect of such deposit.
32. Compensation for certain environmental damage and other individual
claims
Introductory provisions
§ 1 the damages under this chapter must be paid for
personal injury and property damage and clean property damage
activity on a property has caused in their environment.
A clean property damage have not been caused by crime
replaced, however, only if the damage is of any importance.
An injury, which has not been caused with intent or through
negligence, will be replaced only if the disorder that has caused
the damage not reasonably should be sustained with regard to conditions
at the resort or to its general presence in equivalent
conditions. Law (2010:815).
section 2 of this chapter shall not apply to damage caused by
ionizing radiation or influence of electric current from
Electric facility in cases where special conditions apply.
Conditions for compensation
paragraph 3 of the Compensation pursuant to this chapter must be paid for damage by
1. contamination of water bodies,
2. the pollution of groundwater,
3. change in the groundwater level,
4. air pollution,
5. soil pollution,
6. noise,
7. the shaking, or
8. other similar disorders.
1-3 of the first paragraph does not apply to damage caused by
activities carried out in accordance with a permit to
water operations. Of such damages applicable 31.
An injury shall be deemed to have been caused by a disturbance referred to in
the first subparagraph, if the disruption and
a function of the nature of the injury, other possible causes of damage and
the facts are otherwise, there is overwhelming probability
for such a causal link.
4 section Compensation shall also be paid for damage by blasting stone
or other lössprängda objects, if the damage is caused by a
blasting work or by any other activities involving
special danger of explosion.
5 § in cases other than that specified in paragraph 3 or 4 shall damages
paid for the damage caused by digging or similar
work, if the person who performs or causes to carry out the work has
neglected to take such protective measures as set out in Chapter 3. 3
§ the land code or in another respect, the lack of care
at work.
If the work is particularly onerous or otherwise
involves special risk, the damage caused by work
be replaced even if the person doing the work is not carried out or
has been negligent.
5 a § in cases other than that specified in paragraph 3 or 4 shall damages
paid for the damage caused in the course of such
construction work referred to in Chapter 3. section 6 of the land code and as
arise in other part of the establishment where the works are carried out,
If
1. anyone who performs or causes to carry out the work have failed to
take such protective measures as set out in Chapter 3. section 3 of the land code,
or
2. in another respect, the lack of care in
the work.
If a measure within the framework of such construction work referred to
in the first paragraph is particularly onerous or by other
reason involves special risk, the damage caused by
the action to be replaced even if the person doing or let carry out
the measure has not been negligent. Lag (2003:627).
Liable
section 6, shall be obliged to pay compensation pursuant to this chapter is the
who carries out or commissions the harmful activities
as a property owner or tomträttshavare. The same
liability have others who conducts or allows
engage in the harmful activities, which typically
the property in his or her business or in public
activity.
If someone else is usually the property carries out or causes to be
engage in the harmful activities he or she is
liable for damages under this chapter only if he or she
has caused the damage intentionally or through negligence.
section 7 duty to pay compensation pursuant to this chapter is also
the who without being property owners, tomträttshavare or
other users of the property, in a private trade or business carries out
or allows to perform work on the property.
§ 8 Shall two or more pay the same damage under this
Chapter, the joint and several liability for damages to the extent not
subject to that restriction applies in the
liability imposed on any of them.
What they severally have paid in damages shall, if
unless otherwise agreed, be divided between them according to what is
reasonable in view of the basis of liability,
the possibilities to prevent the damage and the circumstances in
otherwise.
Compensation for future damage to property
section 9, in the case of damages which relate to property compensation
amount shall be estimated in advance, appropriate compensation
be determined for future damages, if a party so requests.
If there is reasonable cause, can compensation be determined to
a certain annual amount. Changed conditions since
the remuneration is determined in this way, the compensation
be adjusted according to what is equitable having regard to the amended
conditions.
10 § in the case of impairment, distribution and payment of the
compensation determined to be paid at once for the future
damage to a property or enjoyed by the owner of the property
or a holder of leasehold in the applicable
Expropriations Act (1972:719). Even when it comes to the effect of
such a reduction, the allocation and disbursement, the law
applied.
If a creditor has a lien on the property suffers loss
by compensation provided for in the first subparagraph has been too low
calculated and compensation as a result of the agreement between the
the culprit and the eligible beneficiaries or by
any other reason has not been examined by the courts, has
the creditor is entitled to compensation by the licensee of compensation to the
the existence of the creditor's claim in this part are written by on
receivable document.
Redemption of property
11 § the imposes a business referred to in this chapter to a
property in whole or in part will be useless for the owner or
There is extraordinary but of use to the property
or the real estate section of the owner's request for redemption of the
conducts business.
The first subparagraph shall also apply, if someone who is responsible for
corrective under 10 Cape. take an action that causes the
the property is completely or partly useless for the owner or
to meritorious but arise during use. What now
been said does not apply if the responsibility for the remediation lies also
on the owner.
In the case of redemption applied expropriations Act
(1972:719). Law (2010:815).
Individual actions and collective redress
12 § in addition to actions for damages and redemption, single, against
Anyone who engages in or has engaged in environmentally hazardous activities without
State, bring an action for prohibition of continued activity or
If that protection measures or other precautions shall
taken.
section 13, an action for damages may be brought as a class action under the Act
(2002:599) if Group trial.
Action prohibiting the continued activity or if protective measures
or other precaution under section 12 may be brought under
the same law as a private class action lawsuit or organisationstalan.
When a class action pursuant to the first and second subparagraphs shall apply
Act (2002:599) if Group trial with the exception of paragraph 2 of the first
subparagraph, second sentence and second subparagraph, (3) and (5) and § § § 24
the second sentence of the second paragraph and the third paragraph.
Law (2002:600).
14 § Organisationstalan under section 13, first and second subparagraphs
may be sued by a non-profit association in accordance with its
the Statute promotes nature protection or environmental protection interests
or by an Association of professionals in fishing,
Agriculture, reindeer and forestry industry.
It is stated in the first paragraph also applies to a group of
such organizations as mentioned there. Law (2002:600).
33 Cape. Was repealed by law (2009:1210).
Transitional provisions
1998:808
Regulations concerning the entry into force of this Act, the beam will be notified in
(1998:811) for the inclusion of the environmental code.
1999:385
1. this law shall enter into force on 1 July 1999.
2. This Act does not apply to the case or cases that are
under management according to the provisions of the environmental code, or
the corresponding earlier provisions of law repealed by
Environment Act pursuant to article 2 of the Act (1998:811) for the inclusion of
the environmental code, at the entry into force of this law.
1999:1231
This law shall enter into force on 1 January 2000. Older provisions
still applies in the case of acquisitions made before
the entry into force.
2000:119
This Act enters into force, in respect of 10 Cape. 3 § 1 april 2000,
in case of Chapter 13. paragraph 5 of 5 June 2000, and on May 13, 2000.
2001:437
1. this law shall enter into force on 1 July 2001.
2. For activities which commenced before 1 July 2001 is required
not permit under Chapter 7. 28 a of.
2002:175
1. this law shall enter into force on 1 July 2002.
2. in the case of imposition of penalty applied still older
provisions on objectives initiated by an environment court before
the entry into force.
3. in the case of offences committed prior to the entry into force is applied
29. section 12 of its older version.
2003:232
1. this law shall enter into force on 1 July 2003.
2. in the case of preparations of chemical substances subject to
Council Directive 91/414/EEC of 19 December 1991 on the
placing of plant protection products on the market9, last amended
Directive 2003/5/Ec10, or biocidal products,
covered by Directive 98/8/EC concerning the placing of biocidal products
on the market, chapter 14. 8 c § apply from 30
July 2004.
2004:606
1. this law shall enter into force on 21 July 2004.
2. for plans and programmes which formally started to be prepared
before 21 July 2004, the new regulations in Chapter 6. 11-
18 and 22 sections apply only if the plan or programme is adopted
or is added to the basis for settlement after the 21 July 2006.
3. Without prejudice to 2, Government or authority
as the Government determines in each case decide that the
new regulations in Chapter 6. 11-18 and 22 sections should not be
apply in the case of such a plan or program.
2005:687
This law shall enter into force on the day the Government determines. Older
rules concerning requirements on certiorari by the
appeals against judgments and decisions rendered before
the entry into force.
2006:1014
1. this law shall enter into force on 1 January 2007.
2. in the case of provisions during the period from 1
January 1999 to 31 december 2006 in
a condition or in the decision on admissibility, the approval
or dispensation, the penalty provision in chapter 29. section 4 first
paragraph 2 shall apply only if the permit or decision
inmates the provision expressly entitled conditions.
3. The provision in Chapter 30. paragraph 1 shall apply only to
violations that have taken place after this law has entered into
force.
2007:660
1. this law shall enter into force on 1 August 2007.
2. Older rules still apply in the case of environmental damage
caused by release, events or incidents that have occurred
before the August 1, 2007, or that took place later but
derived from the activity or action completed before 1
August 2007. The limitation of liability arising from the 10.
section 3, fourth paragraph, however, shall in respect of acquisitions that occur
after 31 December 2007 shall apply also in the case of environmental damage
referred to in this paragraph.
2008:240
1. this law shall enter into force on 1 June 2008.
2. Permission for professional disposal or other handling
of particularly hazardous chemical products that have been granted in accordance
with Chapter 14. section 12 of its older version will continue to be applied and
shall be deemed to have been given in accordance with the new wording of Chapter 14.
section 8, first subparagraph 2.
3. Older provisions in chapter 14 and 29. regarding penalty
for violations that occurred before 1 June 2008.
2009:532
1. this law shall enter into force on 1 January 2010 in the case of
Chapter 7. 18 d and in General on July 1, 2009.
2. Older provisions apply to cases initiated prior to
July 1, 2009.
3. Beach protection applies after december 31, 2014, within a
expanded Beach conservation area only if enlargement has
ordered pursuant to Chapter 7. paragraph 14 in its new version.
4. within a protected area may be after december 31,
2014 not to take additional measures to a main building
by virtue of the derogations laid down under Chapter 7. section 17
in its previous wording or the equivalent older provisions.
5. the provisions of Chapter 7. § 18 g of reentry by
shore protection also applies when shore protection was repealed in accordance with the
the previous wording of Chapter 7. paragraph 15, second subparagraph, or
in accordance with the corresponding provisions of the earlier law or under
regulations issued on the basis of such
provisions.
2009:649
1. this law shall enter into force on 1 January 2009.
2. Older provisions applicable to income of gravel or
peat 1 August 2009 are covered by a State or
a notification under Chapter 9. or regulations
issued under Chapter 9.
3. If a quarry on August 1, 2009, a temporary
State, gets a new permit to the quarry at the same location
under the old rules, at the far end of 2011.
2009:1322
1. This law shall enter into force on January 1, 2010.
2. Elderly conditions apply
(a)) in cases under Chapter 31. section 13 if the payment because of a
decisions that have been issued before 1 January 2010, and
(b)) in cases under Chapter 31. section 14 of the adoption of the conditions of
compensation, if an action has been brought before 1 January 2010.
2010:815
1. this law shall enter into force on 1 August 2010.
2. Older rules still apply for
a) compensation by reason of a decision as referred to in
31. 4, 5 or section 11, if the decision has been communicated before
entry into force,
b) compensation by reason of such a measure as referred to in
31. section 10, if the action has been taken before the entry into force,
c) an action under Chapter 31. section 14 of the adoption of the conditions
for payment or redemption that has been brought before
entry into force,
d) compensation under Chapter 31. 16 – 19 sections, if the application for
permit or a notification under Chapter 7. section 20 of the Act
(1998:812) with specific provisions on water operations have
made before the entry into force,
e) compensation under Chapter 31. section 20, if the application for review
have been made before the entry into force, and
f) compensation under Chapter 32. section 11, if the application for redemption is
brought before the entry into force.
3. Even if a loss event has occurred after the entry into force,
applies to 32 Cape. paragraph 1 of its older version, if the damage is a
as a result of a disorder that has ended before the entry into force.
4. In the cases referred to in 2 and 3 are references in 31
Chapter 32, respectively. to the expropriations Act (1972:719) refer to
the law in force at the end of July 2010.
2010:902
1. this law shall enter into force on 2 May 2011. Law (2011:393).
2. Older regulations still apply to cases that have
commenced before May 2, 2011. Law (2011:393).
2010:1542
1. this law shall enter into force on 1 January 2011.
2. the provisions of chapter 26. section 3 of its older version applies to
supervisory matters initiated prior to the entry into force.
2011:392
1. this law shall enter into force on 2 May 2011.
2. Older regulations still apply to cases that have
commenced before May 2, 2011.
2012:441
1. this law shall enter into force on 1 January 2013.
2. Older rules still apply for the examination of
cases initiated before the entry into force.
3. A work plan that has been drawn up under the traffic Act
(1971:948) in the version in force before 1 January 2013 shall be deemed to
be a vägplan under this Act.
2012:907
1. This law shall enter into force on January 7, 2013.
2. in the case of regulations that have been issued with the support of 12
Cape. section 10 before 7 January 2013 applies 24 Cape. paragraph 1 of its
older version.
2014:269
1. this law shall enter into force on 1 June 2014.
2. Older regulations apply for matters that have
initiated prior to the entry into force.
2014:901
1. This law shall enter into force on January 2, 2015.
2. the provisions of chapter 26. 9 a of the first and second subparagraphs
shall not apply where a case is if the detailed plan or a building permit
According to the planning and building Act (2010:900) has begun before the
January 2, 2015.
2015:232
1. this law shall enter into force on 1 June 2015.
2. The provision in Chapter 22. 3 a § are not applied to the target and
cases where a release in accordance with Chapter 22. paragraph 3 has been issued
before the Act's entry into force.
3. The provision in Chapter 22. paragraph 1 of the older wording applies
still for the cases instituted at the
State testing agency before the entry into force.
2015:670
1. this law shall enter into force on the 1 January 2016.
2. the provisions of Chapter 16 of the. 2 b of the first and second subparagraphs
and 24 Cape. 5 a of the first and second subparagraphs shall not
apply where a case if the detailed plan or a building permit under
the planning and building Act (2010:900) has started before 2
January 2015.
Annex 1 was repealed by law (2001:1079).
Annex 2 is repealed by Act (2001:1079).