Health and mobile masts - what does the law say?

Ö Hallberg 2008-04-27 C 1(1)
[SIZE=3]Health and mobile masts - what does the law say?[/SIZE]
[SIZE=3]"To speak with one tongue"[/SIZE]
Örjan Hallberg, Hallberg Independent Research

Örjan Hallberg, Hallberg Independent Research
Non-ionizing radiation is classified as an environmentally dangerous activity if related land area, buildings or constructions are used in a way that can cause discomfort for surroundings. Environmental law (Miljöbalken, MB) 9:th chapter, 1 §, clause 3.

According to chapter 32 §3 pt 8 damages caused by non-ionizing radiation may give ground for compensation claim if a predominant probability for a causation is present. Damage responsible are the property owner and the part performing the activity (the operator) 6 §.

The land lord that underlets his land to a mobile phone operator must consider the risk that he by the time will be held responsible for environmentally dangerous activity. If the activity continues despite prohibition by an authority anyone is entitled to claim for compensation (§12).

According to MB chapter 33 §1 an environmental damage insurance is required if the activity according to MB needs approval or notification. According to MB chapter 12, §6 a notification is required only for masts built in nature reservation areas while other approvals are applied for and given according to the plan- and construction law (PBL). Thus, an insurance against environmental damages is today only required for masts put up in nature reservation areas.

As long as the activity explicitly was allowed according to directions by law or other regulations or by an authority's decision, or was not considered to cause damages according to the scientific and technical knowledge available at the time, there is no responsibility to demand for damages caused by the activity.

Thus, according to MB it is of importance for the mobile phone industry that information given by WHO-ICNIRP,
EU-SCENIHR, SSI and FAS unanimously certify that radiation from mobile phone base station masts is harmless to both humans, animals and e.g. broadleaf trees.

Scientific advisory committee and who is chairman:

ICNIRP Epidemiology (International advisory org.)
Chairman: Anders Ahlbom

SCENIHR (EU advisory organization)
Chairman: Anders Ahlbom

SSI (Rad. Protection Authority's scientific advisory)
Chairman: Anders Ahlbom

SOS (Board of Health and Welfare's expert group EMF) Chairman: Anders Ahlbom

FAS (Sw council for working life and social research, advisory group for EMF)
Chairman: Anders Ahlbom

According to Handbook for administrating authorities Chapter 10 on recusation, §11 administration law, Anders Ahlbom may be challenging his role as chairman in the advisory boards for SSI and FAS since he is also charring similar boards in the international organizations ICNIRP and SCENIHR, thereby bound to international decisions even if new facts should motivate new decisions to be taken in the national organizations.

In a confidential memo leaked to the Financial Times (Oct 11 1996), Willis Corroon, a leading U.K. insurance brokerage stated: "A priority of the electricity industry must be to prevent a legal precedent being established. This will require the strenuous defense of any claims, and the associated defense costs are likely to be high The uncertainty surrounding this topic has created unease in the insurance market and has resulted in coverage being restricted".

So, it is important to be clear about this and to speak with one tongue only, apparently the one in the mouth of Anders Ahlbom. We will see who becomes chairman of the next advisory group for SSI that is expected to issue a report on why mobile phone masts have nothing to do with our vanishing bees and birds, what so ever.

Note. EMF = Electromagnetic fields.