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effects of the industry (UNEP 2002; Bastida 2002: 5). In practice, the key regulatory framework for
mining includes mining laws, which constitute the general framework, and are supported by
environmental policies and regulations, as well as environmental impact assessment (EIA) and land
use planning systems. In addition to the ‘hard law’ instruments governing the mining industry,
countries and companies have also developed their own ‘soft law’ instruments such as sustainability
principles and CSR practices. In addition, all four countries have introduced a variety of guiding
principles and best practices to be followed. For example, Finland and Sweden have recommendations
regarding exploration and mining activities in areas with particular environmental, cultural or other
interests. In Finland, there is also guidance for stakeholder engagement in exploration and for practices
supporting environmental regulation and socially sustainable mines in the north (Eerola 2013; Kokko
et al. 2013).
In Finland, the central mining regulations are the Mining Act, the Environmental Protection Act and
the Act on Environmental Impact Assessment Procedure (468/1994). The new Mining Act has been
perceived as an improvement in terms of environmental governance, participation possibilities of local
communities (Pölönen 2012) and rights of Sami People (Pettersson et al. 2015: 238). In 2011, the
Finnish Environment Institute published a guide on the best environmental practices for metallic
mineral mines (Kauppila et al. 2011). In 2013, some changes were made to environmental legislation
and extra tests were required for mining sites because of the water pollution problems at the Talvivaara
mine (Tiainen et al. 2014).
In Finland, the EIA has two stages: an assessment program and an assessment report. The Finnish
EIA typically involves two hearings; one in each stage of the process (Pettersson et al. 2015: 246-247;
251). In Finland, the social impacts are to be considered during the EIA. A special guidance for EIA
in mining was published just recently which should improve the management of local mining conflicts
(TEM 2015). Recently, Finland has examined the possibilities for streamlining the EIA process with
the permitting process (Tarasti et al. 2015).
In Sweden, mining activities are regulated under the Minerals Act (1991:45) and the Minerals
Ordinance (1992: 285) (SGU 2007). The environmental aspects are under the Environmental Code
(1998: 808) (Michanek 2008). In addition, a set of other regulations such as the Reindeer Husbandry
Act and the Planning and Building Act are of relevance. The Swedish legal framework has somewhat
conflicting purposes between the two major laws, as the Minerals Act simply promotes exploitation
and the Environmental Code sustainable development (Pettersson et al. 2015: 251).
In Sweden, the specific requirements for the EIA can vary depending on if the environmental impacts
of the project are potentially significant (Legislative Bill 2005: 53). The process frequently involves
one hearing (Pettersson et al. 2015: 251). Social Impact Assessment (SIA) is not required by law and
typically, the social impacts of mining are overlooked though some companies voluntarily undertake
SIA (Pettersson et al. 2015: 238). The Swedish practices are seen as inadequate at properly considering
the so called “zero-option,” cumulative impacts and lack true discussions on a project’s alternative
contents (Longueville & Carlman 2013; Oscarsson 2006; Pettersson et al. 2015: 214). At the same
time, some of the current provisions on EIA under the Environmental Code have been criticized for
being overly complex and difficult to apply. To reduce the bureaucracy associated with mining, the
Tiainen, Sairinen & Sidorenko