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Oskarshamns hamn

Country/Territory
Sweden
Type of court
National - higher court
Date
Jun 28, 2013
Source
UNEP, InforMEA
Court name
Mark- och miljööverdomstolen
Seat of court
Stockholm
Reference number
M 10715-12
Language
Swedish
Subject
Waste & hazardous substances, Environment gen.
Abstract

The case concerned a permit under chapters 9 and 11 of the Environmental Code regarding the right to clean and restore the harbour in Oskarshamn from pollution. An application for a permit for extended operations in the harbour was made in parallel with the restoration permit.

The municipality of Oskarshamn were given a permit by the Land and Environment Court to carry out restoration works in the harbour, but the permit was appealed by several authorities and individuals since they meant that the permit granted was not environmentally sound. The appellants meant that the restoration risked spreading the pollutants instead of restoring the area leading to larger environmental problems.

The Swedish Environmental Protection Agency was one of the appellants and it strongly criticised the suggestion by the municipality to use the polluted dredge spoil to construct new areas in the harbour. Instead the most polluted dredge spoil should be deposited in a landfill. The Swedish Environmental Protection Agency also advocated for a stronger follow-up programme of the constructions, spread of pollutants and biological effects.

n the judgment by the Land and Environment Court of Appeal the permit from the Land and Environment Court was revised with regards to several aspects. The Court agreed with the Swedish Environmental Protection Agency that only unpolluted dredge spoil was to be used in constructions. A comprehensive follow-up programme was also designed in order to observe the developments of the restoration project. The programme was to be followed for at least 30 years.

The permit also contained conditions for emissions of certain substances and for underwater blasting.

Full text
M 10715-12.pdf