Introductory provisions
1 § for examination and processing of deposits of peat to
extracting energy required a special permit (licence), unless otherwise
to the provisions of section 3.
section 2 of the Licence shall relate to either study
(exploratory licence) or processing (processing concession).
section 3 of the property owner has the right to carry out investigation without concession,
unless a licence has been granted another. This right may be transferred.
The property owner may also without concession absorbing peat to
extracting energy for household needs, unless someone else has been granted
an exploitation concession for the deposit.
4 § Investigation licence may be subject to the right of
holder to take precedence over others to
an exploitation concession for the deposit. Act (1998:825).
paragraph 5 of the questions about the licence be considered by the County Administrative Board in the county where the
area covered by the application or the greater part thereof is located.
Those looking for the licence shall pay the application fee under
regulations issued by the Government or authority
the Government determines.
section 6 in respect of the activities referred to in this law shall also apply
the relevant provisions of the environmental code, planning and building law
(2010:900) and regulations. Law (2010:908).
section 7 of the Concession may be notified only if there from the General
point of view is appropriate to the business is established and
the applicant from such a point of view is suitable for conducting
the business.
The licence must not be contrary to a detailed plan or
District rules. If the purpose of the plan or
provisions not countered, may be slight discrepancies
be made.
In the case of the concession review, the provisions of 2-4 Cape. and
Chapter 5. section 3 of the environmental code applied.
In assessing the exploitation concession should in addition
apply the provisions of Chapter 6, Chapter 9. 6 g and 6 h sections and
16 Cape. 12 paragraph 1 and section 13 of the environmental code,
the provisions of 1 – 3 Cape. and Chapter 7. 21-27 and 29 of the law
(1998:812) with specific provisions relating to water operations
and regulations that have been announced, with the support of these
provisions.
An exploitation concession may be notified only if done
likely to deposit is available to be used economically.
Team (2013:759).
section 8 if someone has granted a concession for a given area, may not
another concession is granted for the same area.
section 9 Within an area covered by exploration or
an exploitation concession pursuant to minerallagen (1991:45) may someone other than the
authorisation or concession-holder not without special reasons be granted
concession pursuant to this Act. Lag (1991:47).
section 10 Has two or more applied for concession for the same area, the
the County Administrative Board examine which of those from the general point of view should be given
seniority. Refer to the applications shall be considered concession, even
be taken into account if one of the applicants has carried out survey work in the field.
Terms related to concession
section 11 of the licence shall relate to a certain area and apply a certain amount of time.
Exploratory concession shall be notified for a maximum period of two years from the
the decision, unless special reasons causing the other.
12 § a concession shall be combined with the conditions necessary for
to protect public interests and individual rights, such as to
protect human health and the environment from damage and nuisance
and promote long-term good management of soil and water
and other resources.
Communicated an exploitation concession for anyone other than
the property owner in the case of a deposit from which he
extracting peat for their household needs, the concession, unless
special reasons causing the other, combined with conditions that make
It allows the property owner to get peat on reasonable terms
for their household needs in the future. Act (1998:825).
section 13 a concession for its validity be made subject to
Security for the concession holder shall carry out
requirement of 34 § removing installations and take
other measures for recovery. In the nature of
more widely, the security shall be provided, unless it is
clear that there is no need for this. The State,
municipalities, county councils and municipal unions need not ask
Security.
If it can be assumed that the security is not
sufficient, the County Government decide to further
security to be provided.
In terms of the nature of the security concerns Chapter 2. section 25
enforcement code. The security shall be examined by the County Administrative Board and
be kept by this. Act (1998:825).
section 14 of the County Board may attach to the concession of additional
or changing conditions, where the business has
raised a nuisance of any significance not foreseen
When the concession was announced or with any
significance contribute to an environmental quality standard referred to in 5
Cape. environmental regulations are not followed.
Conditions referred to in the first subparagraph may not be as intervention
that business can no longer be carried out or that the
considerably more difficult. Law (2010:887).
Transfer, withdrawal or withdrawal of a concession
15 § Concession may be transferred only with the County Board's permission.
section 16 Reports the concessionaire to the provincial government that he wishes
vacate right, cease this six months after the notification came in,
unless otherwise follows from the concession.
Are the concession-holder abstain only from a certain degree of
concession area, he must apply to the provincial government.
section 17 of the Concession may be revoked by the provincial government, if the concession holder
override conditions have come together with the concession. Even otherwise,
the concession may be revoked, if exceptional circumstances exist. In such a
cases, the concessionaire has the right to obtain compensation from the State for loss
as a result of action taken by him as a result of the concession.
Preparatory study
section 18 requires that preparation of an application for
concession perform examination on someone else's land and does not allow
the land owner, the County Administrative Board in the county where the land or
most of which is located on application exit permits to
such an investigation for some time.
Testing shall be carried out in such a way that the minimum damage and trespass
caused. Building may appear and the road be built only if
the land owner has consented to it or the County Government has provided
permission for the operation. Causing injury or survey
infringement, the compensation must be provided. Dispute over compensation be considered by
the land and Environment Court in whose area the ground or greater
part thereof is located.
Government or authority the Government determines may
provide that the application fee be paid for application
specified in the first subparagraph. Law (2010:932).
Examination work
section 19 of the holder of the concession of inquiry may, within the concession area
conduct research to determine the feasibility of the
peat deposit power.
section 20 of the survey work may include only such measures as are necessary
in order to gain closer knowledge of turf open pit operation size, nature
and extraction solubility.
The concessionaire may not within the licensed territory act other
building other than those which are strictly necessary for
the investigation work, unless the land owners and the holders of
access rights or easements in respect of land permits. In so far as it
needed, he may without the consent of the building in the area or avail
existing road to and in the field. With the permission of the County Government
He may also build the necessary road to the area.
Measures shall be carried out in such a way that the minimum damage and infringement caused.
section 21 concession holder may use the peat extracted during the
survey work only to the extent necessary to investigate
nature of the peat and suitability for processing.
section 22 injury or infringement, resulting from research
shall be replaced by the concession holder. Dispute over compensation
examined by the land and Environment Court in whose area the ground
or the greater part thereof is located.
Before work commences, the concession holder to provide security
for liability under the first subparagraph, unless the
eligible waives security. The security shall
be lodged with the County Administrative Board, unless the parties agree
other things. State, municipal, County, and municipal associations
do not need to provide security. Law (2010:932).
Processing
section 23 the holder of an exploitation concession may, within
concession area to examine, process and assimilate
peat for power.
The concessionaire may examine and process the turf of other
purpose than to extract energy to the extent necessary to
work to be conducted effectively.
The concessionaire may assimilate the peat processed
in accordance with the second subparagraph, in so far as the land owner does not within six
months after forbid downloading the peat and replace on this
costs incurred. Dispute regarding such compensation must be examined by the
land and Environment Court in whose area the ground or greater
part thereof is located. Brought proceedings, counts time from the
the amount of the final set. Law (2010:932).
section 24 of the concessionaire may not begin processing and thus
coherent activities, such as the construction of the building or construction of road,
transport path or direction, or to post or peat
waste materials, without landowners affected by the measures have
admitted it or that the mark has been assigned for that purpose in accordance with section 26 of the first
paragraph and the ground may accession under paragraph 26 or 32 §
in conjunction with 5 or 6 Cape. Expropriations Act (1972:719).
section 25 applies to the area both concession for processing of peat and
one or more such rights referred to in section 9, it may work
with the support of the right which appeared first not restricted or suspended
of the work carried out with the support of the right that appeared later.
section 26 to the extent consent to begin processing and thus
coherent activities not provided by landowners concerned, shall
the County Government allocate the land needed.
Has the concession holder of the County Government asked the
liability referred to in section 27, the designated ground immediately
accession, unless the Administrative Board decides otherwise. State, local,
the county municipality and the municipal unions are not required to provide security.
Compensation as a result of land being used for processing
accommodation
section 27 of the owner of the land being used for processing or
herewith coherent business is entitled to by
the concession holder get intrusion compensation and other compensation
for damage. The same rights to compensation are holders of
access rights or special rights to property that
concerned by the ian language taking.
With regard to remuneration applies to Chapter 4. expropriations law
(1972:719) mutatis mutandis. Law (2010:823).
section 28 of the land be used exceptionally but for
any property or part thereof, the concession holder to solve it
area that suffers such but, if the owner requests it.
section 29 agreement Can not meet for compensation pursuant to section 27 of the
or is dissolved under section 28 be attempted killing, the controversy of the land and
miljlödomstol in whose area the ground or the greater part thereof
is located. Other than the concessionaire may not bring an action before the
access has taken place. Law (2010:932).
section 30 of the Compensation pursuant to section 27 of that does not relate to personal injury shall be reduced
in the County, if the property so impaired that it can be adopted
not provide full security for the creditors, who had mortgages on the property
When the right to compensation arose. Reductions shall be made in
the County Administrative Board in the county where the land or the greater part thereof is located.
section 31 of the creditor referred to in section 30 are suffering loss as a result of
that loss not occurred, he is entitled to by
concession holder to obtain redress for the loss. The same
applies, if the creditor suffers loss by compensation, which
not been tried by the Court, been estimated too low.
Dispute over compensation heard in the land and Environment Court indicated
in section 29. Law (2010:932).
32 § in matters of compensation under section 27 or remedy provided by section 31, and in
case concerning the distribution of compensation reduced according to § 30 applies, if
unless otherwise provided for in this law, 5-Chapter 7. expropriations law
(1972:719) mutatis mutandis.
33 section in case of redemption pursuant to section 28 applies, unless otherwise
prescribed in this law, expropriations Act (1972:719) in
the appropriate parts. Law (2010:823).
The effect of the concession ceases
section 34 When a licence expires, the concession holder to remove
facilities and take other measures to restore, if
This is justified from a public or individual point of view.
In so far as the obligation to take such measures has not been
determined by the terms of the concession, the question is being examined by
the provincial government when the concession expires.
The first subparagraph does not imply any restriction on the
the concessionaire's obligations under Chapter 2. section 8 or 10
Cape. the environmental code. Act (1998:825).
Certain specific tasks of the concessionaire
35 § geological survey or other authority
Government appoints shall, on request, be given the opportunity to follow
the concessionaire work in geological terms and take note of the
geological results of work.
Supervision, assistance, responsibility, etc.
36 § länsstyrelsen supervises investigation and processing
carried out in accordance with this law.
The carrying on business under the Act shall, on request, to provide
the provincial government the information and documents needed for supervision.
If necessary, the provincial Government determine conditions, ensuring that
the activities are carried out in accordance with the provisions of the Act.
The provincial government owns access to the workplace and related
facilities to inspect the activities covered by this law.
37 section In dispute concerning the case referred to in section 25 applied Chapter 8. 7 §
Minerals Act (1991:45). Lag (1991:47).
38 § Begin investigation work without that section 22, second paragraph
provides for the provision of security observed or performed facility in
contrary to paragraph 18 or 20 section, may
the Swedish enforcement authority upon application by the owner of or in possession of the land
announce special assistance for work to be suspended or to
the facility shall be removed at remain the property of expense.
In the case of such assistance referred to in the first subparagraph are
provisions of the Act (1990:746) on orders to pay debts and
Executive assistance. Lag (1991:870).
39 § Observe a concessionaire not conditions
come together with the concession or not in conformity with the concession-
holder the obligation under section 34 to take measures
recovery or what is requested pursuant to section 35 or 36 §
second subparagraph, the provincial government under threat of a penalty, submit to him to
comply with their obligations.
Under the same condition may the Swedish enforcement authority on request
by the County Board or, in the cases referred to in section 35, authority
referred to where info special assistance in order to achieve
fix at the expense of the concession holder. In the case of such
assistance provisions of the Act (1990:746) on
payment order and Executive assistance. Act (1998:825).
40 section to a fine or imprisonment not exceeding six months convicted the
where, either intentionally or negligently:
1. begin the investigation without observing what is in section 22 of the other
the paragraph provides for the provision of security,
2. process a peat deposit without receiving
an exploitation concession, if required.
Such penalty shall be liable also in relation to the
obligation associated with a concession or referred to in section 36
second paragraph leaves incorrect task, if this is done intentionally or
gross negligence.
In the cases referred to in the first subparagraph 2, peat processing explained
forfeit.
Anyone who has committed the Act referred to in the first subparagraph 2
may be ordered to pay costs arising thereof.
Offences referred to in the first subparagraph 1 shall be prosecuted by the public prosecutor only
If he specifies the offence to the prosecution.
41 § County Board's decision under this Act may be appealed to
Government by appeal. The State Environment Agency may appeal against such
decision.
42 section with a special right of property for the purposes of this law, access rights,
easements, reindeer husbandry right and access to electric power and similar
right. Law (1993:39).
43 § has security under this law to be approved by the
the to whose favour it is made, examined the safety of the County Government.
Bail may be approved by the County Government only if the guarantor is responsible as
first-call guarantor and, if two or more signed the bail joint, the
respond jointly and severally.
Transitional provisions
1985:620
1. This law shall enter into force on 1 July 1985.
2. Present in the law and reference to Regulation
replaced by a provision of this Act, shall, instead the new
This provision shall apply.
3. What is under this Act applies if the owner of the property shall apply
also on the holder of the property with permanent tenure or
fee tail law.
4. the provisions of this law concerning the creditor has a lien on the property
also apply to the person entitled to the benefit referred to in avkomst or
8 § law (1970:995) concerning the creation of a new land code, if the right
is not considered to be such a special right provided for in § 42 of this Act.
5. as at the end of June 1985 engaged in turf cutting for which
the licence is not required under the Act (1974:890) on certain
mineral deposits but for which no licence is needed under
This law permits without concession continue operating until the end of
June 1986 and, provided that the application for a licence made
before that date, until the application has been finally been heard.
6. In the transitional provisions to the Act (1985:624) amending the Act
(1974:890) on certain mineral deposits contains provisions concerning
applications for licence consideration or processing of
peat deposit for power, made before 1 July 1985,
and certain other matters related to such peat deposits.
1991:47
This law shall enter into force on 1 July 1992.
With regard to the concessions provided for in the Act (1974:890) on certain
mineral resources and mining claims and utmål oldest
provisions.
1991:870
This law shall enter into force on the day the Government determines. Older
rules still apply in the case of actions relating to assistance which
brought before the entry into force.
1993:689
1. This law shall enter into force on 1 July 1993.
2. Licence conditions granted by virtue of the repealed
the second paragraph of section 12 will expire at the end of 1993.
Obligations under such conditions incurred prior to
shall be carried out.
1998:825
1. This law shall enter into force on 1 January 1999.
2. A request shall be dealt with and assessed according to older
provisions, if the matter before this law
date of entry into force. The provisions on environmental quality standards in the
the Environment Act shall be applied immediately.
3. A security has been lodged in accordance with section 13 of the older version
shall be continued.
2010:823
1. This law shall enter into force on 1 August 2010.
2. Older rules still apply for compensation with
following an exploitation concession granted before
entry into force, where an action for compensation or redemption are
brought before 1 August 2015. In such a case
to the references to the expropriations Act (1972:719) refer to
the wording of the law by the end of July 2010.