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Difference between revisions of "Everymans' rights (Finland)"

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|Instrument code=Norh Karealia A2
 
|Instrument code=Norh Karealia A2
 
|Modus operandi=Regulates the access to forests and use of NWFP
 
|Modus operandi=Regulates the access to forests and use of NWFP
|Description='''Brief description of the instrument and its modus operandi'''
+
|Description=The recreational use of the forests is based on the traditional right of public access, known as Everyman’s Right. The Everyman’s right is the principle that grants the universal right to everyone to use forests for collecting berries and mushrooms, recreation and other outdoor activities, as far as they do not create damages or disturbances to landowner or land. The Everyman’s rights are regulated by several different laws (listed below).
  
Pickers can enter and collect berries and mushrooms freely in all Finnish forests.
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NWFP harvesting right is in harmony with the Everyman’s Rights. That means that everybody is allowed to pick berries, mushrooms, flowers, dry twigs and branches, cones and nuts found on the forest floor in all forests, as long as these products are not protected species. However mosses and lichen and fallen trees are not allowed to be collected on land owned by somebody else. Digging land or leaving litter in nature is also prohibited. Finland’s Penal Code mentions the most important natural products which may be collected on other people’s land. Collecting of many other plants too is allowed unless they are protected under the Nature Conservation Act.
  
 +
Everyman's rights in a nutshell
  
'''Which problem the instrument is supposed to solve?'''
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:You may
 +
:* walk, ski or cycle in areas outside private gardens and land that is in a specific use (for example cultivated fields and plantations)
 +
:* stay for a short period in any area where access is otherwise allowed (for example put up a tent, but not too close to people's homes)
 +
:* pick wild berries, mushrooms and flowers
 +
:* fish with a rod and line, and through a hole in the ice in wintertime
 +
:* walk on the ice or boat.
  
Not enough mushrooms and berries offered for sale (or used in households).
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:You may not
 
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:* disturb other people or damage the environment
 
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:* disturb nesting birds or game
'''Purpose or main objective / overall goal of the instrument?'''
+
:* cut down or damage trees
 
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:* collect moss, lichen, soil or wood
To increase the amount of mushrooms and berries offered for sale (or used for food in households).
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:* disturb the privacy of homes
 
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:* litter
 
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:* drive a motor vehicle off the road without the landowner's permission
'''Side objectives/goals of the instrument?'''
+
:* fish and hunt without the appropriate permits.
 
 
To increase the volume of mushroom and berry-based industry.
 
 
 
 
 
'''Innovation content or potential of the instrument?'''
 
 
 
To increase incomes in rural areas.
 
 
 
 
 
'''Which laws and regulations support the implement of this instrument?'''
 
 
 
Constitutional Law. There is no special law for that, but the right is an old consuetudinary law.
 
 
 
 
 
'''The initiator/promoter of the instrument?'''
 
 
 
Government agency
 
 
 
 
 
'''How the monitoring is ensured?'''
 
 
 
No monitoring on the amount of collected berries and mushrooms.
 
 
 
 
 
'''How the compliance is ensured?'''
 
 
 
No enforcement.
 
 
 
 
 
'''How is the overall performance of the instrument?'''
 
 
 
No quantitative estimates on the benefits
 
 
 
 
 
 
 
'''Brief description of the context for the emergence of the instrument'''
 
 
 
Don’t know the history of every man’s rights, the rights have been there for ever.
 
 
 
 
 
'''Have any of the items mentioned above changed since the instrument entered into force?'''
 
 
 
No
 
 
 
'''Is there any qualitative or quantitative study of the impacts of the instrument?'''
 
 
 
No
 
 
|Instrument type=Regulatory
 
|Instrument type=Regulatory
 
|Affected actors=Landowner/land manager,Picker/harvester/hunter,Producer/beekeeper
 
|Affected actors=Landowner/land manager,Picker/harvester/hunter,Producer/beekeeper
Line 83: Line 42:
 
|Policy area=
 
|Policy area=
 
|Legal status=Binding
 
|Legal status=Binding
|Related to=39,131,142,145,146,147,148,149,150,151, 152,153,154,155,156,157,158,159,160,162,161,163,164,165,168,169,173,174
+
|Related to=39,131,142,145,146,147,148,149,150,151, 152,153,154,155,156,157,158,159,160,162,161,163,164,165,168,169,173,174,182
 
|Subject=NWFP, Access
 
|Subject=NWFP, Access
 
|ID=441
 
|ID=441
 
}}
 
}}

Revision as of 17:26, 13 October 2016

Description

The recreational use of the forests is based on the traditional right of public access, known as Everyman’s Right. The Everyman’s right is the principle that grants the universal right to everyone to use forests for collecting berries and mushrooms, recreation and other outdoor activities, as far as they do not create damages or disturbances to landowner or land. The Everyman’s rights are regulated by several different laws (listed below).

NWFP harvesting right is in harmony with the Everyman’s Rights. That means that everybody is allowed to pick berries, mushrooms, flowers, dry twigs and branches, cones and nuts found on the forest floor in all forests, as long as these products are not protected species. However mosses and lichen and fallen trees are not allowed to be collected on land owned by somebody else. Digging land or leaving litter in nature is also prohibited. Finland’s Penal Code mentions the most important natural products which may be collected on other people’s land. Collecting of many other plants too is allowed unless they are protected under the Nature Conservation Act.

Everyman's rights in a nutshell

You may
  • walk, ski or cycle in areas outside private gardens and land that is in a specific use (for example cultivated fields and plantations)
  • stay for a short period in any area where access is otherwise allowed (for example put up a tent, but not too close to people's homes)
  • pick wild berries, mushrooms and flowers
  • fish with a rod and line, and through a hole in the ice in wintertime
  • walk on the ice or boat.
You may not
  • disturb other people or damage the environment
  • disturb nesting birds or game
  • cut down or damage trees
  • collect moss, lichen, soil or wood
  • disturb the privacy of homes
  • litter
  • drive a motor vehicle off the road without the landowner's permission
  • fish and hunt without the appropriate permits.


Related to

Forest Act, 1996 (Finland) (1996)
• Nature conservation act, 1996 (Finland) (1996)
• Government Decree amending the Nature Conservation Decree 2005 (Finland) (2005)
• Law on Amending the Penal Code, 1990 (Finland) (1990)
• The Water Act, 2011 (Finland) (2011)
• The Private Roads Act, 1962 (Finland) (1962)
• The Hunting Act, 1993 (Finland) (1993)
• Decree on mire protection areas, 1981 (Finland) (1981)
• The Waste Act, 2011 (Finland) (2011)
• Fishing Act, 1982 (Finland) (1982)
• Environmental protection Act, 2000 (Finland) (2000)
• Cross-country Traffic Decree, 1996 (Finland) (1996)
• Act on the Defence Forces, 2007 (Finland) (2007)
• Antiquities Act, 1963 (Finland) (1963)
• Environmental Protection Decree, 2000 (Finland) (2000)
• Nature conservation decree, 1997 (Finland) (1997)
• The Criminal Code, 1889 (Finland) (1889)
• Cross-Country Traffic Act, 1995 (Finland) (1995)
• The Water Traffic Act, 1996 (Finland) (1996)
• The Constitution of Finland, 1999 (Finland) (1999)
• Assembly Act, 1999 (Finland) (1999)
• Mining Act, 2011 (Finland)
• Rescue Act, 2011 (Finland) (2011)
• Land use and building act, 1999 (Finland) (1999)
• Public Order Act, 2003 (Finland) (2003)
• Border Guard Act, 2005 (Finland) (2005)
• Animal Welfare Act, 1996 (Finland) (1996)
• Territorial Surveillance Act, 2000 (Finland)
• Food Act, 2006 (Finland) (2006)

Instrument
Year Tradition - has been for ever?
The date "Tradition - has been for ever?" was not understood.
Policy area
Affected activity Harvesting/Production
Affected actors Landowner/land manager, Picker/harvester/hunter, Producer/beekeeper
Products Berries, Mushrooms/truffles, Herbs/plants
Subject NWFP, Access
Promoter/initiator Public
Zone North East Europe
Countries Finland
Regions (NUTS 2) North Karelia
Focus on NWFP Direct
Document category
Instrument type Regulatory
Legal status Binding
Geographical scope National
More information about properties