ACT OF 28 JUNE 1957 NO.16 RELATING TO OUTDOOR RECREATION
The purpose of this Act is to protect the natural basis for outdoor recreation and to safeguard the public right of access to and passage through the countryside and the right to spend time there.
ACCESS
– cultivated land: farmyards, plots around houses and cabins, tilled fields, hay meadows, cultivated pasture, young plantations and similar areas where public access would unduly hinder the owner or user
Any person (on horseback or with a packhorse, sledge and bicycle) is entitled to access at all times of year, provided that consideration and due care is shown.
– uncultivated land: land that not tilled
Anyone can access but only when the ground is frozen or snow-covered, but not in the period from 30 April to 14 October.
This right of access does not apply where public access in winter would unduly hinder the owner or user.
Access and passage for motor or horse-drawn vehicles: the owner may prohibit access but in uncultivated areas is permitted to park alongside a public road if no cause inconvenient.
– Sea and watercourse: any person is entitled to free passage on the sea by boat
Also is permited to land a boat on a beach in an uncultivated area for a short period of time. It is not permitted to make use of a quay or jetty without the owner’s or user’s permission.
– Bathing: is correct if this takes place within a reasonable distance of an inhabited house without unduly hindering or disturbing others.
– Picnicking and camping: this kind of activities are permited if not cause significant damage to young forest or to regenerating forest. Not is possible to camp more than 2 days and in any case you have to put the tent 150m separated to inhabited house. In the other hand Hunting season for wild reindeer prohibit or regulate camping that may cause inconvenience
– Outdoor meetings: meetings, competitions or similar only can do it with the consent of the owner.
EXERCISING THE RIGHT OF ACCESS, RESTRICTIONS ON THE RIGHT OF ACCESS
The owner or user of the land has the right to expel persons who act inconsiderately or who by improper conduct cause damage or inconvenience to the property or rightful interests.
In addition the municipality may with the consent of the owner or user lay down rules of conduct maintain peace and order, protect plant and animal life and promote health measures and sanitary conditions. They can closed certain areas to the public if public access causes significant damage.
ADMINISTRATIVE AGENCIES FOR OUTDOOR RECREATION. RELATIONSHIP TO THE PUBLIC ADMINISTRATION ATC
The Ministry
The Directorate
The county governor
The county municipality
The municipality.
This agencies shall carry out the tasks assigned to them pursuant to the Act, and they have a general responsibility for promoting the interests of the general public as regards outdoor recreation.
ON COERCIVE INTERVENTION, OFFICIAL ASSESSMENT
Permission for municipalities and outdoor recreation associations to exercise certain rights: municipalities and associations to promote tourism and outdoor recreation a general or limited right to signpost and mark trails in uncultivated land, and permission to build footbridges or carry out other measures at specified locations to facilitate access to and passage through uncultivated areas.
ON PENAL MEASURES AND ENTRY INTO FORCE
Penal measures: Any person who wilfully or negligently contravenes any provisions made in or pursuant to this Act is liable to fines.
COMPARE TO SPAIN:
In Spain we haven’t law governing a unit throughout the territory. Our law system have the next structure:
– Government
CCAA
Councils
Groupings of municipalities
Regions
Local government
Each of this agencies have different task to preserve the nature and public health but the most important agency is CCAA. They make specifics regulations to outdoors activities. The other agencies follow the rules of CCAA, or complement, but never conflicting with higher norm (CCAA).
The CCAA regulates the accessibility to people and companies active-sports tourism.
Also inside of each CCAA we have a special law to regulate the access, infractions, norms …
Law for the sustainable development of rural environment (government)
This Act establishes the basic legal framework for conservation, sustainable use, improvement and restoration of Natural patrimony and biodiversity, as part of duty to preserve and enjoy the right to a means suitable environment for the development of the person.
This act define five types of areas:
Parks
Reserves
Marine protected areas
Natural monuments
Protected landscapes
Each of this are considerate protected natural areas and they have a specific normative to use it. If you want to do use you need a special permission.
All those spaces that are considered in the public use and not having protected space character are regulated by the following rules:
Access (CCAA):
Private areas & Public areas: Anyone can make use of a natural pubic area, provided that the rules of conservation spaces are respected. However, access to private areas is prohibited. The owner has a right to report.
Sea, watercourse, bathing: A specific permit is required to make use of the watercourses and navigation at sea (includes activities such as fishing, diving, sailing boat)
Only the free use of public waters for activities such as bathing or surfing whenever if have been cataloged for that use is allowed. In no case can be made free use of water intended for human consumption.
Picnicking and camping: In order to protect and safeguard the natural and environmental resources, and respecting property rights and land use, not free camping may occur. Free camping means the eventual installation of tents, caravans or other mobile shelters with intent to stay and spend the night in different places tourist camps duly authorized
Outdoor events: All events taking place in massive way in the natural environment must be submitted to autonomic agency (CCAA) and provided the necessary permissions.
