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Author(s): Lindqvist, Ingela

Journal: Nordisk Miljörättslig Tidskrift
ISSN 2000-4273

Volume: 2013;
Issue: 1;
Start page: 39;
Date: 2013;
Original page

Keywords: Water Law | Water rights | Immemorial prescription | Environmental Code | Hydropower

ABSTRACT
A surprisingly small amount of the Swedish hydropower plants has actually been tried according to the Swedish Environmental Code. Most plants are operated according to permits issued under the 1918 year’s Water Act. However, a significant number of facilities are operating with the support of rights older than that. In medieval times the Swedish kings in certain cases awarded i.e. farmers variousrights such as the right to build and operate a mill. Nowadays these mills are since long replaced by small scale hydropower plants. Due to how the transposition provisions of the Environmental Code are formulated operators now claim that these old rights have the same legal consequences as permits issued according to the Environmental Code. The aim of this article is to examine the significance of older rights in the context of the need to implement stricter environmental protection measures.

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