Another letter from Linus16 Nov 2020 12:51
Thanks Exigo:
"Hi politicians in KU.
I have previously emailed you regarding the government's preparation of the case regarding mining in Kallak. What has emerged in my review is that in the event of a negative decision for the mining company, the company can claim that the case has not been tried legally correctly.
I have made a further review of the government's preparation of the case to grant permission for mining in Kallak. I have found statements that point to inconsistencies and shortcomings in the handling when the government sends a question for consultation.
Amanda Palmstierna, who is a mineral policy spokesperson for the Green Party and stated in the newspaper DI that mining in Kallak is directly inappropriate ( https://www.di.se/nyheter/risk-for-spricka-i-regeringen-mp-pressar-s -on-mining decision /)
When Bergstaten and the County Administrative Board do not agree, the government is the final decision-maker. Which means that they must act objectively and independently based on the lack of an authority that can make a final decision in the case.
"According to the Public Administration Act, Section 16. Anyone
who takes part in the proceedings on behalf of the authority who can influence an authority's decision in a way is disqualified:
Read point 4: there is another special circumstance that makes his or her impartiality in the case can be questioned."
I believe that the Green Party's position and statements on the issue show a political motive and that the decision can be influenced by impartiality.
This also shows that decisions regarding mining in Kallak are delayed due to disagreement between two parties, which should not occur when one or more parties wait for notification after the submissions have been submitted. A notification of this should be made.
Here to the question of referral, even though the government itself is not an authority, the section should be a benchmark in the preparation.
"Section 26 of the Public Administration Act. An authority may, within the framework of its investigative responsibility pursuant to section 23, request an opinion from another authority or from an individual (referral).
If an authority needs to obtain opinions from several, this must be done at the same time, unless another approach appears. as appropriate.
it should be stated in the consultation document what the opinion shall refer to and when it last to have been received by the authority "
Has the government taken section 26 into account when sending the referral to Unesco? Why does the government not write in response to KU on 27 / 10-2020 that the answer from Unesco must be received within a certain time (Government Offices. SB2019 / 01569).
continued on page 2
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