Contents of the ORA
General information
The ORA came into force on 28th June 1957. It´s original name is “Lov om friluftslivet”. Norway was thus the first country in the world to implement an act regarding the use of nature into legislation. The roots of the ORA lay in the middle ages, where it was a necessity and common habit to stay in uncultivated land. Out of this obviousness resulted the unwritten law of the “allemannsretten” (“every-man´s-right”). The ORA is the written law that resulted out of this.
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, etc, so that opportunities for outdoor recreation as a leisure activity that is healthy, environmentally sound and gives a sense of well-being are maintained and promoted.” (§1).
It furthermore defines what people are allowed or not allowed to in the countryside. It therefore distinguishes between “cultivated land” and “uncultivated land” in §1a.
Cultivated land
Cultivated land is per definition “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.”
For cultivated land (with the exception of “farmyards or plots around houses and cabins, fenced gardens and parks or other fenced areas”) is “access to and passage through” granted to every person “when the ground is frozen or snow-covered, but not in the period from 30 April to 14 October” (§3). For any use that goes further than access to and passage through e.g. “picnicking, sunbathing, staying overnight” a person has to seek permission of the owner (§9).
Uncultivated land
All countryside that is neither cultivated nor tilled is considered to be uncultivated land.
§2 is the fundament of the “allemannsretten” that allows every person to use uncultivated land without the permission of the owner “at all times of year” “provided that consideration and due care is shown”. Precise definitions and limitations to this “use” are defined in the following articles.
Basically a person is allowed to do everything in uncultivated land, as long as “this does not cause any significant damage or inconvenience” and as long it is not explicitly permitted by the owner or other specific rules. Under this condition It is allowed to:
- access “on horseback, packhorse, sledge, bicycle” (§2)
- park alongside roads (§4)
- to passage the sea and ice-covered areas (§6)
- to land the boat on a beach (§7)
- to bathe in the sea (§8)
- to make a fire between the 15th September and 15th April (forbidden during summertime)
- to pick berries, mushrooms and flowers
The permission of the owner has to be given for any kind of gathering of a lot of persons (sports competition etc.) that may cause damage to the land (§10).
§13 states that the owner can not “hinder access that is permitted by this Act”, however he can – with the municipalities permission – raise a fee to enter the area. The municipality can also regulate or close certain heavy used areas “to maintain peace and order and protect plant and animal life”.
Not only gives the ORA free access to private land to every person, but it also promises “that areas of state-owned land shall be set aside as land for outdoor recreation” by the king (§34).
Regarding camping – §9
A tent can be built up in 150m distance to a house this is the minimum distance that must be kept. If it is necessary in order to not disturb the occupants of the houses, this distance has to be increased.
It is not allowed to stay “for more than two days at a time without the permission of the owner or user” unless a person stays in “mountain areas or in areas distant from habitation”.
“Camping and other forms of access must take place at the person’s own risk as regards damage that animals may cause to persons, tents or other property.”
Germany in contrast
The main difference between Germany and Norway regarding the use of nature can be found in the particular names that are used in the acts that anchor and regulate this topic in legislation. As described above, the Norwegian law uses the term “friluftslivet” which can be translated with outdoor recreation. This term includes use in several kinds like hiking, biking, camping, etc.
The German law that regulates the use of nature is called “Bundesnaturschutzgesetz” which can be translated with Federal Nature Conservation Act and which came into force on the 1st January 1977. This name gives a first hint of the emphasis of this law – which is not the recreation of humans but the conservation of nature. It is therefore more restrictive towards use through humans than the Norwegian Outdoor Recreation Act.
The German equivalent term for the Norwegian “allemannsretten” would be “Betretungsrecht” which means “the right to access”. This is defined in §49 of the “Bundesnaturschutzgesetz” and allows access to private streets and paths as well as uncultivated land for the means of recreation on own risk as long as nature and landscape are not damaged more than necessary. However this Act doesn´t include forests and water areas. There is a specific law for each of those which tell about the same. The German legislation does not allow any kind of puplic use like camping in uncultivated land. And it is also considerably stricter on horse-riding and biking, which is only allowed on paths and streets. Access by boat is precisely limitated depending on the type of boat.
Since Germany is a federal republic there are also different rules and laws in the different states.
The main differences are that the German legislation does not give the possibility to camp and stay out in nature and that every type of use is regulated and limitated very precisely. Those differences may exist because Norwegians are said to have by tradition a strong connection to nature (“friluftsliv”) and the Norwegian government is aware of the importance of outdoor recreation for health and well-being. But also because Norway can get away with granting free use of nature to every person – because there are not a lot of persons but a lot of nature.
“The Allemannsretten” in other countries
Sweden
There is a similar rule than the “Allemannsretten” that is called „Allemannsrätt“. It comprises mostly the same rules as the ORA. The difference to Norway is that it is still an unwritten law. Only since 1994 is there a short text in the constitutional law that grants everybody free access to nature.
Finland
The Finish name is “jokamiehenoikeus”. It is, just as in Sweden, an old unwritten law that is only limited by other laws like the Nature Conservation Act.
Scotland
Out of custom and practice from former days came an act into existence that is written in the Land Reform (Scotland) Act 2003.
Switzerland
Switzerland has, unlike the Scandinavian Countries and Scotland, rules that only regard unowned land. For this the Swiss Civil Laws grant free use. The rules for owned land are comparable to the German “Betretungsrecht”.
Always remember that the ORA gives you a lot of rights, opportunities and freedom but with that comes the responsibility – SO ENJOY BUT DON´T DESTROY!
Sources
The full ORA can be found on:
http://www.regjeringen.no/en/doc/Laws/Acts/outdoor-recreation-act.html?id=172932
Other sources:
http://www.miljødirektoratet.no/no/Tema/Friluftsliv/Allemannsretten/Aktiviteter-og-allemannsretten/
http://skandinavien.eu/reportagen/schweden/das-jedermannsrecht.html
http://de.wikipedia.org/wiki/Jedermannsrecht