Gordon Stein, CFO of CleanTech Lithium, explains why CTL acquired the 23 Laguna Verde licenses. Watch the video here.
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A judgment from the Supreme Administrative Court
40 The Supreme Administrative Court (HFD) ruled in a judgment on 22 February 2016 in one
case of judicial review, although the review of a concession case according to
the Minerals Act should not be limited to the geographical area directly
covered by the activities to which the concession case applies, for example
area where a planned mine is located. The test according to chs. 3 and 4
According to HFD, the Environmental Code must also refer to land use in
areas that may be affected by the business and which are
necessary for the business, such as land use for operating facilities.
5 It also follows from the judgment that if a mine can affect Natura 2000 areas
the project must have a permit in accordance with the rules of the Environmental Code before the quarry master can
approve a processing concession. Practice had previously meant that
the environmental assessment was done in a final step, when a mine had already been obtained
processing concession under the Minerals Act.
10 The permit for a processing concession that was covered by HFD's judgment
referred to the right to mine earth metals in an area in Jönköping municipality. The
According to the court, it could not be ruled out that the neighboring Natura 2000
areas would be significantly affected by the planned
mining, e.g. through the forthcoming location of operating facilities.
15 However, no examination had been made of the application of Chapters 3 and 4.
the Environmental Code in such areas, and therefore HFD repealed the government's decision
on granted concession.
Registration of public documents
A document is according to ch. Section 4 of the Freedom of the Press Ordinance is general about it
kept by an authority and is to be regarded as having been received by or established
with an authority. According to ch. 5, public documents must § 1 publicity
20 and the Secrecy Act (2009: 400) as a general rule are registered as soon as they have
submitted to or drawn up by an authority.
The Species and Habitats Directive and Natura 2000
Council Directive 92/43 / EEC of 21 May 1992 on the conservation of natural habitats
and wildlife (often referred to as the Species and Habitats Directive)
Promote biodiversity through the conservation of habitats, animals and
plants in the Member States. The directive states i.a. which species and habitat types
to be protected within the EU; the annexes to the directive list habitat types as well as animal and
plant species whose conservation requires the designation of specific areas of conservation or
which require special protection. Member States are obliged to ensure that these species
And habitat types have so-called favorable conservation status, which means that
distribution area, area, population development and other qualities are available
and can be maintained.
The directive has been implemented in Swedish legislation, e.g. by provisions of
the Environmental Code.
35 In order to protect the species listed in the Directive, special conservation
areas are set aside to be included in the so-called The Natura 2000 network. The network
also covers areas selected in accordance with Council Directive 79/409 / EEC on
conservation of wild birds.
but also for the authorities. If the treatment in many cases drags on
time easily creates large case balances. The authorities then have to spend a lot
time to answer questions about the pending cases. Not seldom
duplication of work arises because the cases must be read in by different people
5 administrators. However, according to the committee, it is the individual who is hardest hit
that the case processing takes time. To have to go and in uncertainty
wait for a long time for a government decision that may apply to issues that have
crucial to a person's financial or personal circumstances
can cause insecurity and personal suffering, perhaps even financial
10 losses. According to the committee, this is not a purely service issue but deals with
to a large extent also about the legal security of the individual.
The government is not an administrative authority within the meaning of the Public Administration Act.
Despite this, it has been considered important that the government follows the principles set out
the Public Administration Act expresses (SB PM 2012: 2 The Yellow Book - Decisions and
15 Minutes of the Government, p. 47).
The Public Administration Act
The Public Administration Act (2017: 900) contains provisions on the handling of
matters before administrative authorities and the handling of administrative
25 cases in courts. The law regulates the grounds for good administration through
the principles of legality, objectivity and proportionality. Here is also available
basic rules on government services, accessibility and
cooperation.
The Public Administration Act also contains certain general requirements for processing
30 of cases. One such is the requirement for urgent processing: According to section 9,
cases are handled as easily, quickly and cost-effectively as possible without
that legal certainty is neglected. Another is the requirement in section 25 for communication:
Before an authority makes a decision in a case, it must, if it is not
obvious that it is not necessary, as a general rule, inform the party
35 all material relevant to the decision and give the party an opportunity to within a
certain time to comment on the material.
In addition, there are provisions in the Public Administration Act on e.g. party insight,
conflict of interest and the right to an interpreter and representative.
The issue of expedited processing was given special attention in
the preparatory work for the Public Administration Act.1 40 The Constitution Committee stated (bet.
1985/86: KU21 p. 9 f.) That this is a central issue for the individual people
Certain provisions in the Environmental Code
In Chapters 3 and 4 The Environmental Code contains provisions on the management of land and
water areas. These provisions contain i.a. regulations on the protection of
areas that are of national interest for, for example, cultural environmental protection or
5 outdoor life.
Of ch. 3 Section 5 follows i.a. that such areas as are relevant to
reindeer husbandry or commercial fishing or for aquaculture as far as possible
protected against measures that could significantly impede the operation of industries.
Areas of national interest for reindeer husbandry or commercial fishing must be protected
10 against such measures. According to ch. 4 Section 5 of the Environmental Code may in certain specified
mountain areas buildings and facilities come into being only if it
needed for the reindeer husbandry, the resident population, the scientific
research or the active outdoor life. Other measures in these areas
may be taken only if it can be done without affecting the character of the areas.
15 Special rules also apply to areas covered by EU species and
Habitats Directives and Birds Directives, so-called Natura 2000 sites (see below). Of
Chapter 7 Section 28 a of the Environmental Code stipulates that a permit is required to conduct activities
or take measures that can significantly affect the environment in such
areas, and of ch. 4 Section 8 of the Environmental Code stipulates that a use that can
20 affect a Natura 2000 site may not occur without one
permission.
Cases concerning the granting of a processing concession are examined by
the master, who shall consult with the county administrative board on the question of the balance that
shall be made in accordance with the Environmental Code. The County Administrative Board submits a proposal to the quarry master
30 which also informs the affected Sami villages and gives them the opportunity to comment
over the application. A granted processing concession is valid for 25 years. The Miner
is head of Bergsstaten, which is a unit within Sweden's geological
survey (SGU). The mountain state handles matters relating to exploration
and extraction of minerals (Sections 13 and 14 of the Ordinance [2008: 1233] with
35 instructions for the Swedish Geological Survey).
A case concerning the granting of a processing concession shall be referred to
the government if the miner considers the issue of concession to be special
significant from a general point of view or if he or she in the application of
Chapters 3 and 4 The Environmental Code finds reason to deviate from what the County Administrative Board has proposed
40 (Chapter 8, Sections 2 and 1 of the Minerals Act).
The Ministry of Trade and Industry's handling of the case. The review should refer partly to which
organizational and other measures that have been taken to shorten
the processing time in the case, partly if sufficient resources have been set aside for
preparation of the case. According to the notification, the review should also refer to
5 the Prime Minister, who has the overall responsibility for the government and
The Government Offices has the organization and the routines required for a correct
handling of administrative matters.
Documentation for the review
The basis for the review is e.g. memoranda with appendices from
10 Ministry of Trade and Industry, Appendix A3.3.2. – 4.
Investigation in the case
Applicable order
Processing concession according to the Minerals Act
The Minerals Act (1991: 45) applies according to ch. § 1 examination and processing
15 of deposits on own or someone else's land of a number of listed minerals
substances (concession mineral). One of these minerals is iron found in
the bedrock. Processing means the extraction and utilization of one
concession mineral and only those who have a processing concession may
as a general rule, carry out processing (Chapter 1, Sections 3 and 4).
20 According to ch. Section 2 of the Minerals Act, a processing concession shall be notified
a deposit that can probably be utilized financially has been found
and the location and nature of the deposit do not make it inappropriate for the applicant to receive
the requested concession. In cases concerning the granting of a concession, 3 and
Chapter 4 and ch. 5 Section 15 of the Environmental Code applies. These provisions include
That a balance must be struck between the measures covered by the application and
certain public interests (see below).
3.3 Application for a processing concession for Kallak
The case
Registration
In a notification to the Constitutional Committee (no. 269-2019 / 20), Appendix A3.3.1,
it is requested that the committee examine how the government handles an application for
25 processing concession relates to i.a. the provisions of the Administrative Procedure Act
on expeditious processing. The notification mainly states the following.
In April 2013, a mining company applied for a processing concession for
iron ore mining in the area Kallak K no. 1 in Jokkmokk municipality. In the area
is Europe's largest unprocessed iron ore deposit. The permit matter has
30 then referred between Bergsstaten, the County Administrative Board, the Swedish Environmental Protection Agency,
The National Heritage Board and the government. The case has been in the hands of others since 2017
time with the government for decision. The mining company, which has thus waited over
six years on a decision in the case, has invested over SEK 80 million in the project.
The lack of legal certainty for the establishment of mines in Sweden does not affect
Only investors and municipalities without the whole of Sweden, because it risks that
damage interest in investing in a sustainable mining industry and contribute to
depopulation of sparsely populated areas.
According to the notification, the Constitution Committee should examine the former Minister of Trade and Industry
Mikael Dambergs, current Minister of Trade and Industry Ibrahim Baylans and
Thanks Tomas92.
From Tomas92 on Avanza. A document link to the KU Committee Report. We are on pages 143 to 153:
https://www.riksdagen.se/globalassets/06.-utskotten--eu-namnden/konstitutionsutskottet/ku-granskning/ku10_ej-trycklovad.pdf
Yes, you are right. If we remain invested then we are supporting the Company, regardless of whether we take up any Open Offers or not.
This year has been another shocker for our main asset, so Kurt must do something next year (if no joy this) to resolve the problem as an absolute priority. The project is just sat festering.
Alamal, you've got a few years on me but if I make it that far I'll probably still be messing with shares, providing I can still remember lol.
Just for interest, do you remember the days when the FT used to publish multi pages of every listed share followed by a 4 digit number, the only way to get a price was to phone a number followed by the 4 digit code, this gave you a recording of the latest (15 minutes lag) price. I guess it took the pressure off your broker supplying prices.
Folks can't imagine what trading was like then, waiting for a share certificate to arrive, obviously way before the internet platforms, this was probably the eighty's.
Haven't learnt much since those days.
Eric, nobody knows what is going to happen here and I'm still supporting the company by being invested, but as I've said, I won't be participating in this fund raise.
Suzy, I believe I've said this to you before, about being like a stick of rock with Beowulf written throughout :-) so yes it was a given from me that you would be subscribing.
GL to one and all whatever you do.
Me, I just want a decision even if it's a no, but yes or no it'll drag on through the courts with an appeal by whichever side loses IMO.
Everyone has their own way of looking at things...I do it my way and I'll help the Company if I can. They might have got it all from Nordic Investors but they listened to us, moaning about being left out. Whether or not if falls to 2p is in the lap of the Gods. Enter Aper who doesn't like me mentioning God or Gods.
TFE. Thanks for the information and the example with SAGA, it is much appreciated. I don't know what will happen here, but I'll be supporting the Company for a good while longer. I'm trusting the sp can climb out of the doldrums with what Kurt has planned for us next year, but we shall see.
Best wishes.
The far end thank you for your interesting post I take your point ,the main problem is I’m 82 years old and when people talk about years ahead I may not still be here, I certainly can’t see any fast track here at all , good luck,
Thanks Prof..that's really positive and good to hear from the new man.
Has said all this before, as did Damberg and Baylan. On Lofven’s watch, a review of the mining application process took place which ended in September 2019. No conclusions were published and, in practice, nothing changed.
The swedes are great at stating intent, but utter rubbish at actioning improvements.
For the new CEO to say this is positive is just wrong. It ‘sounds’ positive, that is all.
- The long decision-making processes build a great uncertainty both with us as a company but also with the population, for example, in Jokkmokk and its politicians. It is not good for the development at all, therefore I see the Prime Minister's statement as a good message even though it is difficult to say what it leads to.
The government has just turned to Unesco for clarification on the Kallak issue. How do you look at it?
- It is about the host heritage Laponia and our proximity there. We ourselves have submitted a report earlier that we will update. I also see this as positive. It is good that this is sorted out although I may think the issue from government could have come three four years ago.
The cold project is, and has been, a conflict with hard protests, not least from affected same villages in the area..?
- I am full of understanding that it raises strong feelings and concerns. At the same time, we cannot choose where the ore is located. Finally, the question is whether we should break clean ore in Sweden or import '' dirty ore ". Then we have worse control and jobs disappear, says Sven Otto Littorin and continues:
- Giant LKAB should change its ageing technique, which takes a long time. We are a small company that can do everything right from the start. It's interesting and the issue is politically charged. But I like challenges and I would, preferably of all, like to make Jokkmokk a national center for sustainable and competence-developing mining industry in collaboration with, among others, Luleå technical universities. It would mean a lot to the municipality and create long-term jobs.
Sven Otto Littorin is the newly appointed chairman of Beowulf Mining. He welcomes the Prime Minister's statement on more effective permit processes regarding the mining industry.
It was in connection with LKAB presenting its billion-wide investment in transition for the future that Prime Minister Stefan Löfven promised faster answers to questions about mining and electrical grid permits.
'' Strong initiatives should not fall on the fact that it takes too long ", the prime minister stated among other things.
The statement has aroused mixed emotions. Hats off at the advocates for increased mining in Sweden, thumbs down from the opponents to further exploitation.
Sven Otto Littorin is the new chairman of the board in talked about Beowulf Mining, who since almost 10 years has waited for the government's permission to open mine in Kallak outside Jokkmokk. He looks positively at Löfven's statement and says that this must obviously apply to the whole mining industry, not just LKAB.
From the facebook page:
KU has examined the application for processing concession for Kallak. In that case, no visible administrative measures were carried out for nearly three years. This means a delay that is not acceptable, according to KU.
Does anyone know what happens now? Nothing done for 3 years and severe financial implications. Heads should roll but won't!
lbjj is exactly correct, you always leave what is a guaranteed purchase at a specific price until later.
All talk of the monies going to BEM will make absolutely no difference to your investment or BEM's bottom line.
Here's an example, I recently took part in a capital raise at SAGA followed by a consolidation. After the announcement the SP retreated below the offer price. At that point I bought the same number of shares as my entitlement on the open market (still retaining my entitlement).
The SP drop continued well past the offer price, so I purchased many more, again on the open market. My entitlement obviously lapsed.
Surely it's basic financial sense, but saying all that, even after applying to your broker for your intended take-up, you should be able to cancel anytime up to the closure point. As you know in practice that's not always possible, another reason for you to be in control and not the broker.
He doesn’t 3 card he hasn’t got any ,
LBJJ re 2p or 3p.
It's called investment risk. We all do it sometime
I imagine the Government can do whatever they like...the KU will investigate what they do and present if for the Riksday's assessment and the Riksdag will express their confidence or their no confidence.
If the Government has sent it to UNESCO only while under KU investigation and without the KU agreeing to it, then the Government should be in deep sh£t.