Geological Scars – Finnish Mining Legislation, Protector or a Threat

2.12.2021 0 Like 0 kommenttia Samir Bhowmik

Heini Nieminen argues that Ecological Compensation can simply become an instrument of trade if not used correctly

Author: Heini Nieminen

Section 7 § Prospecting work

Prospecting work in order to find mining minerals, everyone has the right, even on another’s land, to conduct geological measurements and make observations and to take minor samples, provided that this does not cause any damage or more than minor inconvenience or disturbance (prospecting work). [1]

The fast development of technology has made mining frighteningly efficient. According to Martín Arboleda (2020) robotization and computerization has been taken in to use so fast that almost all other sectors of social production have been left far behind in development. The introduction of geospatial information systems, fully robotized vehicles, artificial intelligence and geological tools to mineral forecasting has provided new possibilities for mining industry. [2]

Mining industry, its technology and environmental impacts seem distant for many of us in Finland but it’s reality. Mining is much more than an opportunity to economic wealth. It is, and has been a massive problem in Finland where the landowner or the state does not own the minerals in Finnish soil, but the company that found them gets the ownership rights. Mining is a real threat to the environment and yet well protected by Finnish law. The mining legislation has made Finland the promised land of mines. International mining companies consider the country to be one of the most attractive mining countries in the world. The companies are enticed by, among other things, stable social conditions, well-functioning infrastructure, studied bedrock and the predictability of mining and mineral exploration permit processing. [3] As of 2021, amendments to the Finnish mining law is close at hand. But presently there are disagreements on the extent to which reforms might have an impact on the level of environmental protection. 

Section 11 § Exploration pursuant to a permit 

Exploration pursuant to an exploration permit, and other use of the exploration area, shall not cause:3) significant changes in natural conditions. [4]

The problem is not only in the law that allows broad rights to mining it’s also the lack of responsibility to control and understand the scale and complexity of environmental damage. Add to this a lack of will to listen and to understand these issues. Ecological compensation is being discussed in Finland as a way of compensating the environmental damage done by humans in land use. But in the worst case scenario it can also turn out to be just a license to destroy. Nature conservation regulation specifically uses the term replace to suggest that loss of natural value must be replaced by similar natural value. Compensation, on the other hand, refers to a broader thinking about trading. [5] If not used correctly, the concept of ecological compensation can simply become an instrument of trade, “an ecological currency” where environmental damages are compensated somewhere else other than where the actual damage has taken place. This can cause certain types of ecosystems, areas and natural habitats to be destroy irreversibly. Could it be that the act of “compensation”, undoubtedly a good deed for the environment, create in part a false mindset in the general public that aggressive land use is morally acceptable? 

I assume that media plays a key role in this issue as in generally when it comes to creating the public attitude towards mining. Talvivaara become the monument of an environmental catastrophe between 2008 and 2013, when the gypsum sediment pool leaked four times. [6] The media coverage was massive. People became aware of the mining industry, mining law and the damages caused by mining to nature as well as to the people living in the vicinity. But most of us forget these news and problems especially if they are hidden from our view or not occurring in our “backyard”. Sadly, often few stand against the massive machinery of mining industry and the laws of mining. 

Even today I can’t understand the thoughtlessness or negligence of the Finnish mining law. In 2013 we addressed this theme with Sandra Nyberg, my long-time collaborator as Elin&Keino. Valtaus/Capture  (Valtaus translates more accurately as claim) is an installation made out of 1m3 of excavated earth and transferred into a perspex cube. Capture hoped to draw attention to the irresponsible use of natural resources, mining and problematic mining legislation. Natural resources are being used rapidly because our contemporary culture is entangled with consumption. Capture [HN1] aimed to point out that every act has a consequence and every encroachment on nature leaves a trace [7]– a geological scar. 

We dug a hole in a city/urban scape, witnessed by the daily users of that particular park environment. Though the excavation was small- a cubic meter of earth, we hoped it expressed the empty space, that something had been taken out of the land and the layers of the ground, even when you go a meter deep. How does the “cut” heal itself if it heals at all? Can you imagine that cut to be 61 square kilometers? [8]

Notes

1. Ministry of Employment and the Economy, Finland Mining Act (621/2011) Issued in Helsinki 10 June 2011, PART I EXPLORATION AND EXPLOITATION OF MINING MINERALS. https://www.finlex.fi/en/laki/kaannokset/2011/en20110621.pdf
2. Arboleda, Martin, 2020, “Planetary Mine, Territories of Extraction Under Late Capitalism”, London, Verso.
3. Editorial, Helsingin Sanomat, 5 July 2020. https://www.hs.fi/paakirjoitukset/art-2000006561289.html
4. Ministry of Employment and the Economy, Finland Mining Act (621/2011) Issued in Helsinki 10 June 2011, PART I EXPLORATION AND EXPLOITATION OF MINING MINERALS. https://www.finlex.fi/en/laki/kaannokset/2011/en20110621.pdf
5. Salokannel, Veera, Salokannel: ”Ekologisen kompensaation lyhyt oppimäärä”, https://sorsafoundation.fi/ekologisen-kompensaation-lyhyt-oppimaara/
6. Kinnunen, Hanna, “Muistatko Talvivaaran kaivoksen ympäristövahingot? Korvauksia aletaan nyt vuosien jälkeen ratkoa, mutta moni on jo luovuttanut – tästä on kyse”https://yle.fi/uutiset/3-12126869 )
7. The text about Capture is written in 2013 by Nieminen & Nyberg, just slightly modified, original text: https://www.heininieminen.com/elinkeino#/capturevaltaus-2013/
8. Hirvonen, Katariina, ”Talvivaara – Suomen karmein paikka,” YLE Tiede. https://yle.fi/aihe/artikkeli/2014/09/24/talvivaara-suomen-karmein-paikka