Proposed repeal of municipal veto right of wind power construction

Summary
On October 19, 2020, the Swedish government issued an investigation which concerns repealing the Swedish municipalities’ right to veto proposed wind power projects. The intention is to create more certainty and predictability for developers engaged on the Swedish wind power market, and to enable for a 100 % renewable energy generation by 2040.

Background
According to the Swedish Environmental Code chapter 16, § 4, municipal consent is required before the erection of large wind power plants. Although the clause was originally intended to simplify the construction of wind power, it has come to be used in a way that creates uncertainty and a lack of foreseeability for developers, and has thus prevented a large number of wind power plants from being constructed.

As a result, the Swedish government has in October 2020 issued a rapid investigation and appointed an inquiry chair to assess whether it is possible to repeal the municipal veto right. The investigation aims to propose measures which make the environmental permit assessment of wind power plants more legally secure and predictable.  

The process ahead
The inquiry chair is assigned to submit a report on the issue before the 30th of June 2021. The report will include proposals which will be referred to agencies and organizations for consideration, and the Government will thereafter decide on the proposals.

For more information (in Swedish), please see the Swedish Government’s website here.