News in the area of environmental law

Proposal to make the environmental permit process more efficient

On 21 January 2025, the government received the Environmental Permit Inquiry’s proposal to simplify environmental permit processes in Sweden and make them more efficient (SOU 2024:98, En ny samordnad miljöbedömnings- och tillståndsprövningsprocess [A new coordinated environmental assessment and permit review process]). The particular aim of the Inquiry was to guarantee the competitiveness of the business sector, increase willingness to invest and promote an efficient climate transition in the industrial sector.

The proposals focus on reducing bureaucracy and shortening processing times by introducing a new coordinated environmental assessment and permit review process along with two permit tracks. The audit track should be quick and easy for activities and measures that give rise to no significant environmental impact. The review track applies to activities and measures that require an assessment or that give rise to a significant environmental impact and is similar to the current permit review, in which consultation is obligatory. The Inquiry also proposes that a new environmental assessment authority be established to take over responsibility from the current environmental assessment delegations at first instance.

These reforms have the potential to not only improve efficiency but also to strengthen legal certainty in the permit processes. For companies in sectors such as energy, construction and industry, this can mean significant advantages and opportunities to achieve faster project start-up. The Environmental Permit Inquiry’s proposal will be prepared by the Government Offices of Sweden and has been distributed for review to over 200 consultation bodies (KN2025/00288). The deadline for responding to the consultation is 15 June 2025.

The government has also decided to issue a supplementary directive to the Environmental Permit Inquiry (Dir. 2025:2). The supplementary inquiry will investigate the possibilities for providing information at an early stage with regard to the general public’s view of the location of certain activities and how processing times in planning and construction processes and environmental permit assessments can be shortened. The inquiry will also put forward proposals on how the Industrial Emissions Directive should be implemented in the environmental assessment and analyse how the regulations can be amended in order not to impose stricter requirements than are required by the Water Framework Directive. The supplementary inquiry will report in stages on 1 July and 31 December 2025 and finally on 31 March 2026.

Proposal for more relaxed measures in shore protection

On 20 January 2025, the government presented a referral to the Council on Legislation proposing more relaxed measures in shore protection. This marks a new direction for how areas of land close to water can be developed. The government submitted a government bill (Government Bill 2024/25:102 Lättnader i strandskyddet – ett första steg [More relaxed measures in shore protection – a first step]) to the Riksdag on 6 February 2025.

Briefly, the proposals mean that general shore protection will no longer apply to small lakes and narrow stretches of watercourses and nor will it apply to waters established after 30 June 1975. That means that more areas that were previously strictly regulated can be made available for construction and development. However, it must be possible, in individual cases, to introduce shore protection in an area up to 100 metres from the shoreline in the case of small lakes and narrow stretches of watercourses if it is of particular importance to ensure that a particular aim of shore protection is met.

Under the proposals, the municipalities will be given greater influence over shore protection. They will have the ability to decide whether shore protection will continue to be lifted when a new detailed development plan is adopted, which could lead to more decisions adapted to the local area. In the bill, the government also proposes more relaxed measures and clarifications in the exemption from shore protection for agricultural industries, including aquaculture. A new possible exemption from shore protection for gainful activities with limited impact is also proposed. This could make it easier for small businesses to establish activities in areas close to the shore.

The proposed legislative amendments are scheduled to enter into force on 1 July 2025. The new rules could be of major importance for property owners and companies operating near areas of water since they aim to relax shore protection.

Lindahl is closely monitoring the development of these reforms and is ready to help companies navigate the changes that are imminent.