Issues with the current Swedish legislation
In accordance with the prohibition introduced in the Swedish Environmental Code on August 1, 2018, it is currently not possible to grant either exploration permits, mining concessions or environmental permits for uranium.
In memorandum from the Ministry of Climate and Enterprise, KN2024/02540 “Re-enabling the extraction of uranium”, it is proposed that the ban be removed.
The amendments are proposed in order to meet the increased need for metals and minerals for the green transition, where the need has increased exponentially over the past 100 years. The current geopolitical situation, with Russia’s war of invasion of Ukraine, has also brought new urgency to the issues of security of supply and reduced dependence.
According to the memorandum, the current ban on uranium mining also makes the extraction of other metals and minerals, particularly those associated with uranium, more difficult or impossible. This, in turn, may hinder the efficient management of resources of both mined ore and mining waste. A secondary extraction alongside primary production will however be required to meet the need for metals and minerals required for a secure supply of raw materials and for the green transition in Europe and in the EU.
Furthermore, the ban poses a problem for Sweden as an attractive mining nation where modern mining operations can be conducted, as the mining industry has found the ban difficult to manage even for established mining operations due to the change in the permit requirement for handling naturally occurring radioactive material and requirements for purification of uranium from process water. The uranium mining is to be assessed in accordance with relevant environmental legislation, but not to be prohibited. This will ultimately help to enable the utilisation of Sweden’s potential in terms of critical metals and minerals.
The ban on uranium mining has also resulted in uranium having to be treated as waste in situations where it could have been used as a resource.
Proposals
The Government therefore proposes that:
- It should be possible to extract uranium in Sweden by removing the ban in the Environmental Code on the extraction of uranium.
- Only nuclear facilities that are subject to the Government’s permit requirement under the Nuclear Activities Act should be subject to the Government’s mandatory permissibility assessment.
- Uranium should constitute a concession mineral under the Minerals Act.
- The holder of an exploitation license for uranium is required to keep records of the exploration work and processing.
The Government also proposes an amendment to Chapter 17, section 1 of the Environmental Code, i.e. concerning activities that require the Government’s mandatory permissibility assessment. The consequence of the amendment is that only those nuclear facilities that are reviewed by the Government under the Nuclear Activities Act (1984:3) will be subject to the Government’s permissibility review. This means that nuclear facilities subject to permitting by the Swedish Radiation Safety Authority, such as small-scale mining operations where uranium is extracted, will no longer be subject to the Government’s mandatory permissibility review.
The proposed restriction of the Government’s permissibility assessment also entails a restriction of the municipal veto under Chapter 17, section 6 of the Environmental Code. It is considered that there is no justification for a right of veto in respect of small-scale mining operations, particularly since the Government already has the option of waiving the permissibility assessment for such operation.
Addressing other undesirable effects
The proposal also addresses other undesirable effects of the current ban on uranium mining. The current ban was never intended to affect mining operations in production that did not intend to handle uranium other than as waste. However, the Swedish Radiation Safety Authority’s regulations (SSMFS 2018:4) on naturally occurring radioactive material were amended at approximately the same time as the ban was introduced, which meant that the handling of uranium above a certain concentration became subject to a permit.
Some mining operations risk being caught between meeting the requirements of Chapter 5, section 4 of the Environmental Code regarding environmental quality standards for water and the ban on uranium extraction. Due to the fact that the purification of process water risks concentrating the amount of uranium so the limit for the permit requirement under the Nuclear Activities Act is reached. Water treatment plants also risk being affected by similar problems. Since such a situation may result in penalties for the operator, it is important that this undesirable effect is avoided.
The amendments are proposed to enter into force on January 1, 2026.
Comments from Foyen
Foyen welcomes the Government’s proposal. It will provide Sweden with further opportunities to develop as a mining nation and contribute to the development of the green transition in Sweden and in the EU.
Re enabling uranium extraction in Sweden will ensure an environmentally beneficial contribution to the green transition, as it will be mined in accordance with strict national legislation, while at the same time securing the supply of critical metals and materials ensuring less dependence on third countries.
However, the proposal requires additional clarifications to be truly efficient. Foyen will follow the next steps in the legislative process with great interest.
This article is written by partner Pia Pehrson and associate Björn Eriksson from Foyen Advokatfirma KB.
