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Law (1985:620) Om Vissa Torvfyndigheter

Original Language Title: Lag (1985:620) om vissa torvfyndigheter

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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.