Millie34au:
"Hi Nordic is there a cadmium level in there existing permit ? No so there is no breach of the permit is there ? "
-Your theory is that anything, which is not denied in the permit would be legal? If do not apply for dumping uranium or cadmium, how should you have right to do that? In your world you apply for permit to dump distilled water, and then you start an operation to dump toxic waste?
That would hardly be legal in any civilized country.
-The Finnish law also says that if there is a new law requiring stricter conditions than the permit, then the law should be obeyed. The environmental quality standards for cadmium, nickel, lead and mercury were written in a Finnish law about substances dangerous in water environment in 2010.
-Dragon´s layer´s arguments are really poor. If legal advice is on that level, this could be one explanation for the current problems. The legal consultant at Ramboll mentioned in HK documents appears not have the highest education nor at least public merits in this kind of matters.
"If what you said was true there would be case law in Finland suporting your argument."
-You should study the Vammala permit returning. The argument there was environmental quality standard for nickel. There is not much case law after 2010
- In criminal law there is Talvivaara nickel mine case where the bosses were condemned at two first levels for destruction(infarction?) of environment. They have appealed for a leave to appeal to Supreme court with time for leave evaluation estimated to be 4-6 months (note a criminal case, not administrative court, and the time line may be different). https://yle.fi/uutiset/3-10215433
There was also an argument, that when there was no permit levels for dumping salts etc, then there would not be a crime, which was not accepted by the courts. There is special legal requirement, that the companies should be aware of their environmental impact (and naturally of the legal requirements.)
"Permits are valid until replaced by new permits other wise the concept of a permit would be obsolete and every company not just mining companies would have to constantly adjust what they do which is unworkable from a commercial perspective or from the perspective of the government agencies such as ELY who administer the permits ."
-Permits can be also cancelled or execution may be denied in case of serious problems.
This must be so because there are companies who deny to understand or obey the law.
"Lets leave it to the courts to decide Nordic . That's how a democracy works decisions are made under law not made by small groups of radicals"
- Dragon presented some radical predictions after losing the case at the permit authority and Vaasa environmental court. I would consider, that Dragon's position would be quite radical one and opinion of a relatively small group, and even if only the Finnish mining industry would be asked.
-Finland is a democratic country and Suppreme administrative court will decide about leave to appeal and possibly for the appeal if the leave would granted.
DRA Price at posting:
19.0¢ Sentiment: None Disclosure: Not Held
