In order to ensure compliance with the rules of consideration in the Environmental Code, a large number of environmentally hazardous activities and operations are subject to licensing. Such activities or operations may not be started without a permit.
Activities or operations for which permits are compulsory are specified in the Environmental Code or in ordinances.
Permits
A permits states the conditions under which an activity may be carried out. The licensing authority may refuse a permit if they find that the activity is not permissible under the Environmental Code. A holistic and integrated approach is applied, where impacts on land, air and water are jointly considered. Permits and permit conditions should benefit the aims of the Environmental Code and ensure that the requirements of its general rules of consideration are fulfilled. The conditions may concern e.g.:
- Purpose and scope of the operation
- Emission limit values
- Management of chemicals
- Energy efficiency measures
- Waste management
- Compensatory measures for adverse effects
- Measures to prevent accidents
- Traffic to and from the site
- Measures to restore the site after the cessation of activities
- A financial guarantee.
Licensing authorities at three levels
Licensing authorities are Environmental Courts or the County Administrative Boards (CAB). There are five Environmental Courts and 21 CABs, one in each county. The Environmental Courts handle activities with large environmental impact. For some minor environmentally hazardous activities, licensing is carried out at local level.
Licensing process includes environmental impact assessment and public hearing
The applicant is obliged to consult the CAB or the local Environmental and Public Health Committee (EPHC) before submitting an application for a permit. This gives the authorities (including the Swedish Environmental Protection Agency (SEPA)) an opportunity to comment on the application and a public hearing is often held.
SEPA is consulted in the licensing procedure and is active in some licensing cases, for example when legal principles are at stake or if the activity concerned could lead to major environmental impact.
An environmental impact statement (EIS) must be submitted together with the permit application. The purpose is to describe the direct and indirect impact of the planned activity. The EIS must include a site description of the plant or activity as well as descriptions of the technology that will be used. Different alternatives for both these aspects are compulsory. The EIS must also describe the impact on people, animals, plants, land, water, air, climate, landscape and the cultural environment. Furthermore, it should describe impacts on the management of land, water and the physical environment in general, as well as on the management of materials, raw materials and energy.
Right to appeal against a permit decision
Some authorities (including SEPA) can appeal against a permit decision. The right to appeal also includes the applicant, local trade union associations, people affected by the decision, and non-profit associations focused on promoting nature conservation or environmental protection interests.
Contact: Åsa Wiklund Fredström
E-mail: asa.wiklund.fredstrom(a)naturvardsverket.se