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Chasing endorsement? Kari Havnevik AHO 2012


Introduction Bigjovagge copper and goldmine in placed in a green rock belt in Finnmark, on the border of Troms municipality. The mine is about 2,5 km long, and is located 40 km North-East of Kautokeino. The mine has been exploting copper and gold over two periods of time, and is now planning to reopen. The first period of extraction from 1970-1975 the mine was only extracting copper. When Finish Outokumpu acquired the mine in -84 they started to extract a lot more gold, but because of the low copper price on the market they had to close down. Today the Swedish firm Artic Gold AB has bought the mine and is planning to operate by 2013. There has been a protest from the indigenous hearding people in the area together with locals and nature environment directorate. The conflict occurs because the mine is located in the hearding area for the reindeers, and one of their moving tracks goes through the mining area. The process of opening a mine is long and demanding. Since 2010 have Arctic Gold been struggling to get all the permits and permissions they need to reopen the mine. The new mineral act was implemented in 2009 and has improved the laws to be better, more simple and precise. The mineral law is not the only legislative power in the process. There are other acts and laws the companies has to get permits and permissions from in order to get their operation permit which leads them to the next step in the process.


Conflict area Bidjovagge

Reisa Nationalpark

Spring pasture 1

Spring/Autum pasture 1

Jorba

Autum pasture 1 Autum pasture 2 Autum/Winter pasture 1

Kautokeino Moving tracks

The map is showing the location of the regulated mining area, and how it collide with the reindeers spring pastures and their moving track from south to north.


Actors involved in the opening of Bidjovagge 17

128 9 3 71 111 10

46 1 5 16 35

Placement of headquartes

1

Directorate of Nature Management

10

Sami Parliament

2

KLIF- Directorate of Climate and pollution

11

Kautokeino Municipality

3

NIKU- Norwegian Institute of culture heritage reserch

12

Nordreisa Municipality

4

Road managment

13

The Norwegian Parliament

5

NIVA- Norwegian Institute of Water Research

14

Arctic Gold AB

6

Statskog

15

Outokompo

7

Fefo- Finnmarkseiendommen

16

Directorate for Mineral management

8

The Reindeer Management

17

Dalradian Resources

9

Local residents

18

Dalradian Resources

3 3 25 1353 2 4 5

15 14

18


How far is Arctic Gold in the process of reopening Bidjovagge? The Mineral act Exploration permit Extraction permit The operating license for the commencement of mining

Planning and building act Zoning and environmental impact assessment Building permits and land acquisition / Delin

Pollution Act Discharge Permit (water / noise / dust)

Water Resources Act / Energy Act The license for the extraction of water The license for the performance of power line


Biedjovagge Nordreisa

KLIF

The King Kautokeino Sametinget

NIVA Reindrift

Statskog/Fefo

Private companies are challenging the municipal zoningplan and planning program in Kautokeino municipality.

Dig, Dug, Digged

National scanning Global market

Chain of acts Political pressure

The interests of Bidjovagge depend on the global marketprice of gold and copper. Is this exploitation more valueble than the landscape, culture and enviroment in this area?

Operation permit

Other regulations and acts

This temporary klondike are creating conflicts in the temporary society. Reopening the mine upsets the raindeer hearders. They are fighting for their “right� of the area.

Planning and Building act

$$

Legislation for exploration The Mineral act

Corporations all over the world will be able to buy rights to exploration. Global intrests are taken care of, what about the indeginous and local interest?

Klondike

Enviormental Ministry decides

The Norwegian government are allowing free search rights. A principle of first come, first served. International actors will be in control of Norwegian exploitation.

Global interest

Securing Sami interests

Free search rights


Free search rights

Global interest

Free searching right Everyone has the right to explore for minerals deposits of state ground as long as they do not performing damage to the ground which can cause damage of significance Minerals Act ยง 2. The explorers must always notify the property owner and user of the ground no later than one week prior to exploration initiated. In certain areas, exploration is prohibited or it is required permission from the landowner, the user and competent authority Minerals Act ยง 47.

In addition to the requirements of the Minerals Act ยง 47, the activities associated with exploration being prohibited or restricted by other legislation, such as:

Cultural Heritage Act Nature Pluralism Act The Motor Traffic Act

Free search


Global access to exploring rights in Norway

The King

Finnmark does not provide the the right to explore or take samples before the Directorate of Mining has given a specific permission.

Sametinget Statskog/Fefo

$$

Enviormental Ministry decides

Securing Sami interests

Klondike

The explorer must apply to the Directorate of Mining for an exploration permit. Prior exploration work in Finnmark can start, it is also required a special permit from Directorate of Mining Minerals Act ยง 17. The purpose is to clarify and adapt the operations in relation to indigenous interests.

Culture and Interests

Examines should take reasonable steps to obtain information on directly affected Sรกmi interests in the area to be examined. Special permission may be refused if the interests of Sami interests speaks against the processing application. In the assessment there should be significant emphasis on Samiculture, reindeer herding, commercial activity and social life. If the application is granted, conditions may be imposed to satisfy these concerns.

By processing the application will the Directorate of Mining give the landowner, the Sami Parliament, the municipality and the administration of the area and the reindeer hearders an opportunity to comment. If the Sami Parliament or the landowner opposes the application is granted, the Environmental Ministry will decide. If the Ministry grants the application in the circumstances mentioned, an appeal to the King from the Sami Parliament or the landowner that will have a suspensive effect on the process.

In addition to the requirements of the Minerals Act ยง 47, the activities associated with exploration being prohibited or restricted by other legislation, such as

Cultural Heritage Act Nature Pluralism Act The Motor Traffic Act


Legislation for exploration

Operation permit

Other regulations and acts

Planning and Building act

The Mineral act

Enviormental Ministry decides

Dig, Dug, Digged

In Norway you do not need a permit to look for minerals. In order to get exploration rights you need to go through a though application process. The planning and building act regulate areas for different purposes. These purposes are made to create a good plan of society on a municipal scale.

Legislation for exploration needed:

The acts demand a sustainable and efficient municipal operation which corresponds with the regional and govern tasks.

If all the requirements above are approved the explorer will get the

The goal is to build a good local society where all authorities and interests are taken care of. The mineral act is the legislative power in terms of exploring minerals. But this act does not work alone. There are nine other laws the developer need permits and permission from in order to start exploring.

Handeling the regulation plan and impact study takes time, while waiting the companies use the time to obtain the other needed permits. If the company gets all of the permits and permissions it will get their operation permit to start.

Search- and exploration rights An approved regulation plan and an impact study Obtain all the other permits and permissions

Operation permit

It all comes down to the opertation permit...


Culture Heritage Act

Secure culture heritage sights and environments

Automatically preservation if a memory is older than 1537, Sami culture memory automatically preservation if older than 1000 years If there is any Conflict

County administration

Sami parliament

The Directorate for Cultural heritage decides

Soil act

Exploring and searching

Obligation to report

Culture Heritage Act

Secure rearranging tillage and infield areas

Exploration or searching in the top soil layer is an exception in the act

Motor Traffic Act

The Planning and Building Act

Soil act

Secure biological, geological, ecological processes and landscape

Municipality Dispention Motor traffic in the outlying fields and close to water systems Searching methods requires vehicles like helicopter and heavier cars

Reinde Motor Traffic Act Pollution Act

Secure the environmental areas for emissions, pollution and waste

The Mineral act

Discharge permit KliF (gov. minerals)

Fylkesmannen County governor (ind. minerals)

Larges emission problems

Water Resou Mineral Waste Directive

Obligation to report and impact study

Pollution Act Deposit in the sea

Planning and building act

Frame Directive for water and management

Deposit on land Classifying the waste

Finnmark Act Natural Pluralism Act Natural Pluralism Act Sustainability

Secure biological, geological, ecological processes and landscape Demand of carefulness

Demand of knowledge Proactive

Management Types of nature

Ecosystems

Species

Total impact The most environmental friendly techniques and localization

decision

This bearing shows all the acts you need to pass in order to get a exploration right. A bearing cannot function without all the all the pellets. When all pellets are in the bearing can start twirling.


The Planning and Building Act

Secure areal operations

Regulate areal planning and manage building permits

Necessary legislation to explore and exploit mineral resources in Norway

Plan decision Regulation for raw materials Regulation plan Operation permit

Timeconsuming These two processes work parallel

Impact study and Regulation plan Obtain other required permits Cautious movement in the hearding area

Result

er Act

Operation permit Movingcamps must not be shut down Reindeer Act

Secure the reindeer operating area in the Sami reindeer herder area as the industry’s most important resource basis

Water Resource Act

Areal management in the hearding area Planning and Building Act

Seccure the social interests of use and management of water systems

Protect the general interests of a lake or water way

urce Act

Grunnloven §110

Permit Extracting masses in the area of lakes or water course could affect the ground water by drainage

FN and ILO Declarations Municipal, Regional and Governmental Considerations Considering sami culture, industry and social life

Finnmark Act

Manage the property of natural resources in a balanced and ecological sustainable way

Society and areal planning

Management of naturalresources Sustainable

Ecological

Finnmarksproperty Fefo, owns 95% of the land in Finnmark.

Change of use of outlaying land must be a physical and practical change

Sami parliament and Finnmark county council runs Fefo

Take care of Sami interests


Summary of the most used words in the Mineral Act


Future endorsement? The focus of mining in Norway has increased the last couple of years after the new mineral act was implemented in 2009. The act states the limits of exploration and secures the resources, and demand to maintain indigenous interests. The new act is simplified and improved in order to easier understand and clarify the laws. Has the new mineral act made it easier to go through the application process and start operating? Is it the mineral act or the other legislative laws that secures the landscape and environment? The additional powers are the ones to set boundaries for decreased impact of the nature. The Environmental Ministry has right to endorse or disallow the application. There are no rules for how many times you can apply for the sanction. Will the procedure of applying become stricter over the years, or will the Ministry loosen up and pass more applications? The Norwegian and indigenous people trust them to maintain our interests and secure our environment and culture heritage.

Sources: The Mineral Act: http://www.lovdata.no/all/hl-20090619-101.html#11 Guide to The Mineral Act: http://www.regjeringen.no/upload/NHD/Vedlegg/ Veiledninger%20og%20brosjyrer/mineralloven_ veileder_des2011.pdf Reindeer management: reindrift.no Arctic Gold AB’s Regulation plan and impact study


Chasing endorsement