Environmental legislation

The Swedish Environmental Code entered into force 1999. The rules contained within 15 acts have been amalgameted in the Code. As many similar rules in previous statutes have been replaced with common rules, the number of provisions has been reduced. The Environmental Code is nonetheless a major piece of legislation.

The Code contains new elements, such as the overall objectives and general rules of consideration, and also new instruments, such as Environmental Quality Standards (EQSs). It consists of 33 chapters comprising almost 500 sections. Although the Environmental Code is fairly extensive, it includes only environmental rules of general importance. Detailed provisions are laid down in Government Ordinances. The provisions of the Environmental Code are aimed at promoting sustainable development so that present and future generations will be guaranteed a healthy and good environment. Sustainable development is based on the insight that nature is worthy of protection and that humankinds right to modify and utilise nature also involves a responsibility.

The Environmental Code must be applied so that:

• human health and the environment are protected against damage, detriment and disturbance
• valuable natural and cultural environments are protected and preserved
• biodiversity is preserved
• land and water are used so that, from ecological, social, cultural and socioeconomic viewpoints, long-term sound management of resources is assured
• reuse, recycling and other management of materials, natural resources and energy in line with environmental life cycles are promoted.

The fundamental rules of the Environmental Code

The fundamental rules of the Environmental Code apply, in principle, to all human activity that may harm the environment. Thus, when one of the objectives of the Code is endangered, the Code becomes applicable. This somewhat unorthodox approach means that the Environmental Code can be applied to all human activities with an impact on the environment.

The precautionary approach is the basis for all provisions in the Code. The Environmental Code also comprises fairly extensive provisions on such matters as EQSs, EIAs, nature conservation, genetically modified organisms (GMOs), air and water protection, chemicals and waste. However, provisions that are expected to change with some frequency e.g. labelling of chemical substances or similar kinds of provisions, are issued by the Government or a government agency. The general rules of consideration and the precautionary approach are described in Chapter 2 of the Code.

These provisions indicate that activities must be conducted and measures taken to avert damage to human health and the environment. Simultaneously, they promote efficient management of land, water and other resources. Unless otherwise stated, the rules of the Environmental Code apply to all activities that affect the environment, irrespective of whether they form part of commercial operations or are conducted by private individuals. The rules lay down common requirements for all activities that involve a risk of harm to the environment.

Many activities that fall within the scope of the Environmental Code are also subject to other legislation. Examples of such activities include road and railway construction, mining and forestry. The Environmental Code applies in addition to other statutes here, the Roads Act, Railway Construction Act, Minerals Act and Forestry Conservation Act. Operators who build roads or railways, engage in mineral quarrying or conduct forestry operations must thus observe the rules of both the Environmental Code and the specific statute in question.

Commercial operations

Commercial operations must apply the best available technology to avoid damage. The technology must, from technical and financial viewpoints, be industrially feasible and applicable in the industry concerned. This means that it must be available and not only exist at an experimental stage. However, the technology need not necessarily be readily available in Sweden. In the case of existing activities, a certain transitional period is sometimes required for the introduction of equipment corresponding to what is deemed to represent the best possible technology.

Location of activities

Location of activities is of great importance in terms of potential future environmental disturbances. For every activity, a site must be chosen that is suitable with respect to the objectives and resource-management provisions of the Environmental Code. In some instances several sites may be suitable for an activity. The location that allows the aims of the activity to be attained with the minimum of intrusion and detriment to human health and the environment must be chosen.

Liability for remediation of contaminated sites

The Environmental Code clarifies liability for remediation of contaminated sites, on land and in water areas. The principle that the polluter pays involves liability for a party who has caused environmental damage to remedy the damage. Anyone who has performed an activity that has caused damage to the environment must thus defray the cost of remedying the damage. This applies irrespective of whether the activity has been discontinued or transferred to another operator.

One important new provision in the Environmental Code is the option of introducing Environmental Quality Standards. The Government may issue EQSs on the quality of land, water, air or the environment as a whole, for specific geographical areas or for all of Sweden, on the grounds that these are required for long-term protection of human health or the environment, or to remedy adverse effects.