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Water Operations in Swedish Road Projects: Legal and Stakeholder Perspectives

Remstam, Maria LU (2012) In IIIEE Master thesis IMEN41 20112
The International Institute for Industrial Environmental Economics
Abstract
The construction and reparation of roads is a necessary part of Swedish infrastructure; for the use of individuals and for the transportation of commercial goods. Swedish road projects and related activities take place within and interact with their environment in differing ways. These interactions often include water operations to different degrees, for example land drainage, diversion of groundwater and dredging. It raises the question of how to deal with the dual interests of improving or building new roads and of the environment. The balance between a demand for sufficient and functioning infrastructure and the legal aspects of environmental protection of water operations needs to be considered. The operator needs a permit from the... (More)
The construction and reparation of roads is a necessary part of Swedish infrastructure; for the use of individuals and for the transportation of commercial goods. Swedish road projects and related activities take place within and interact with their environment in differing ways. These interactions often include water operations to different degrees, for example land drainage, diversion of groundwater and dredging. It raises the question of how to deal with the dual interests of improving or building new roads and of the environment. The balance between a demand for sufficient and functioning infrastructure and the legal aspects of environmental protection of water operations needs to be considered. The operator needs a permit from the applicable Land and Environmental Court before starting a water operation (exceptions exist).
The consultation process towards a permit starts with stakeholder interaction including issues of collaboration, the writing process of the permit application with its Environmental Impact Statement and other requirements; finally the submission of the permit to the Courts and granting thereof. Conditions like control programmes and supervision are a part of the implementation of the legal rules. There is limited research on how these rules are applied in practice. Therefore the aim of this research project is to explore how the consultation and implementation of water operations are dealt with in real life and the significance of the Environmental Quality Standards for the water(s) concerned.
The topic has been explored through a literature survey (mainly Swedish) of environmental law and interviews with stakeholders involved in the whole water operation process – from planning to execution, from permit granting to supervision. The literature survey guides and shows what the Courts and stakeholders have to apply and comply with and how the Court of Appeals has judged. Interview results provide evidence from various perspectives as to the practicalities of implementing the laws and regulations including supervision. The interviews have filled in some gaps due to the lack of guiding precedential court cases. Conclusively, there is a need for clarification of the Standards applicability by the Courts and increased supervision of water operations. (Less)
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author
Remstam, Maria LU
supervisor
organization
course
IMEN41 20112
year
type
H2 - Master's Degree (Two Years)
subject
keywords
Water operations in Sweden, Environmental Impact Statement, Significant Environmental Impact, Environmental Quality Standards, stakeholders in water operations, and permit application.
publication/series
IIIEE Master thesis
report number
2012:02
ISSN
1401-9191
language
English
id
2542944
date added to LUP
2012-05-22 16:43:47
date last changed
2012-05-22 16:43:47
@misc{2542944,
  abstract     = {The construction and reparation of roads is a necessary part of Swedish infrastructure; for the use of individuals and for the transportation of commercial goods. Swedish road projects and related activities take place within and interact with their environment in differing ways. These interactions often include water operations to different degrees, for example land drainage, diversion of groundwater and dredging. It raises the question of how to deal with the dual interests of improving or building new roads and of the environment. The balance between a demand for sufficient and functioning infrastructure and the legal aspects of environmental protection of water operations needs to be considered. The operator needs a permit from the applicable Land and Environmental Court before starting a water operation (exceptions exist). 
The consultation process towards a permit starts with stakeholder interaction including issues of collaboration, the writing process of the permit application with its Environmental Impact Statement and other requirements; finally the submission of the permit to the Courts and granting thereof. Conditions like control programmes and supervision are a part of the implementation of the legal rules. There is limited research on how these rules are applied in practice. Therefore the aim of this research project is to explore how the consultation and implementation of water operations are dealt with in real life and the significance of the Environmental Quality Standards for the water(s) concerned.
The topic has been explored through a literature survey (mainly Swedish) of environmental law and interviews with stakeholders involved in the whole water operation process – from planning to execution, from permit granting to supervision. The literature survey guides and shows what the Courts and stakeholders have to apply and comply with and how the Court of Appeals has judged. Interview results provide evidence from various perspectives as to the practicalities of implementing the laws and regulations including supervision. The interviews have filled in some gaps due to the lack of guiding precedential court cases. Conclusively, there is a need for clarification of the Standards applicability by the Courts and increased supervision of water operations.},
  author       = {Remstam, Maria},
  issn         = {1401-9191},
  keyword      = {Water operations in Sweden,Environmental Impact Statement,Significant Environmental Impact,Environmental Quality Standards,stakeholders in water operations,and permit application.},
  language     = {eng},
  note         = {Student Paper},
  series       = {IIIEE Master thesis},
  title        = {Water Operations in Swedish Road Projects: Legal and Stakeholder Perspectives},
  year         = {2012},
}