Law On Natural Areas In Oslo And Nearby Municipalities (Forest Law)

Original Language Title: Lov om naturområder i Oslo og nærliggende kommuner (markaloven)

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Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2009-06-05-35

Law on natural areas in Oslo and nearby municipalities (forest law)


Date LOV-2009-06-05-35


Department Climate and Environment Ministry

Edited
LOV-2016-08-12-79


Published in 2009 Booklet 6


Commencement 01/09/2009

Changes
LOV-1996-06-21-38

Promulgated
05.06.2009 kl. 14.50

Short Title
Marka Act

Chapter Overview:

Chapter 1. Introductory provisions (§§ 1-3)
Chapter 2. General framework for action and activities (§§ 4-8)
Chapter 3. Traffic, recreation and considerate use of Marka (§ § 9-12)
Chapter 4. Council for forest matters (Marka Council) (§13)
Chapter 5. Permission measures, exemptions, administrative procedures and appeals (§§ 14-16)
Chapter 6. Supervision , control, correction and punishment (§§ 17-20)
Chapter 7. Commencement (§§ 21-23)
Ministry's digital maps «Marka border" dated 2 april 2009

Chapter 1. Introductory provisions

§ 1. Purpose The purpose of the law is to promote and facilitate outdoor recreation, nature adventure and sports. The law should ensure Markets borders and preserve a rich and varied landscape and natural and cultural heritage with.
It shall also be considered sustainable use for other purposes.

§ 2. Geographical scope The territorial extent (Marka) consists of the following areas: Kjekstad Marka, Vard Åsmarka, Vestmarka Krokskogen, Bærumsmarka, Nordmarka Lillomarka, Romerikssenteret hills, Gjelleråsen Marka, Østmarka and Sørmarka. The scope is narrowly defined as stated Miljøverndepartementets1 digital map «Marka border" dated 2 April 2009.
King may by regulations make decisions about adjusting the limit under subsection and make the law applicable to an area that has, or through facilitation or management can get equivalent value for outdoor recreation.

§ 3. Authorities under the law ministry's top administrative authority under this Act. Ministry may add specified duties under this Act to the individual county governor, county, municipality or Environment Directorate.
When area, facilities or structures are declared secret pursuant to the law on defense secrets, it is incumbent upon the competent military authority to ensure that the provisions contained in or pursuant to this Act are complied with.

Chapter 2. General framework for action and activities

§ 4. Area Purpose Marka is agriculture, nature and recreation area (LNF area) under the Planning and Building Act, the clarifications and exceptions set out in §§ 5 and 6
In areas which are protected under Diversity Act Chapter V or older protection decisions as mentioned in the draft Act § 77, and areas that are zoned for specialized, such as nature conservation purposes, conservation or protection area for drinking water, or areas that are part of specific plans or decisions under § 7 first paragraph. 3 and 4, applies to the restrictions imposed by the specific protective or planning decisions as well as law.

§ 5. Prohibition construction work Construction measures are prohibited in Marka. With construction work means measures mentioned in the Planning and Building Act § 1-6, such as construction, demolition, alteration, including facade changes, change of use and other actions related to buildings, structures and installations, as well as human encroachment and creation and modification of property.
Prohibition in subsection does not include agricultural measures and measures mentioned in the Planning and Building Act § 1-3 second paragraph or included in the decision pursuant to § 6-4 third paragraph of the same Act.

§ 6. Local and state plans Commissioning of work with land management of municipal or zoning affecting Marka, requires authorization by the Ministry.
Commune final decisions on land-use of municipal or zoning affecting Marka, must be confirmed by the Ministry before the plan gets legal effect under the Planning and Building Act. Ministry may change the municipality's plan if it considers it necessary for the plan to be consistent with the legislative intent.

§ 7. Exemption for measures in municipal or state plans Notwithstanding §§ 4 and 5 municipal plans open for the following measures in Marka:

1.
Measures in agriculture, including buildings and the terrain

2.
Paths and trails under § 9

3.
Sports that can be accommodated within the legislative intent

4.
Public infrastructure such as roads, railways, dams, water supply systems, power lines, etc., As well as areas for ongoing exploitation.

Commune final decisions on land-use of municipal or zoning which allows for measures under the first paragraph shall only be upheld if the measures the Ministry's view be reconciled with the purpose. The Ministry may make any amendments to the municipal plan as it considers necessary for the plan to be consistent with the legislative intent.

Ministry may exempt from the prohibition in § 5 by state land-use planning under the Planning and Building Act § 6-4.

§ 8. Review of plans that apply Marka border municipality shall ensure that its plans are consistent with this Act within four years of the Act.

Chapter 3. Traffic, recreation and considerate use of Marka

§ 9. Facilitating traffic, paths and trails construction of paths and trails require a license under this Act. Construction of larger trails requires permission from the municipality and zoning under the Planning and Building Act Chapter 12. doubts whether the measure requires a zoning matter may be requested to resolve County Governor of Oslo and Akershus. The decision can not be appealed.
Ministry may issue further provisions concerning the construction, clearance, marking and preparation of paths and trails in the forest. Provisions may be made that no, or only on certain conditions, be cleared, constructed, marked or groomed trails or trails within certain areas of the forest.
The construction, clearance, marking and preparation of permanent paths and trails require the consent of the landowner or parties.
County Governor of Oslo and Akershus can provide governments and organizations with widely Outdoors objective right to install, clean, make and prepare paths and trails in the forest. Permission may be granted for specific areas or for certain paths or trails.
County Governor of Oslo and Akershus may in individual cases decide that intervention under the second and fourth paragraphs may be made without prior consent. Volder measure damage, they may own or parties claim compensation issue settled by judgment. The legal costs associated with the assessment to be replaced landowner or licensee, if the judgment is not satisfied that exceptions may be made because the compensation applicant has rejected a reasonable settlement offer or without reasonable cause has demanded discretion. To the extent that there is reasonably can substitute applicant also awarded compensation for expenses that have been necessary to protect his interests itself under discretionary matter.
Landowner, parties or use may require diverted path or trail that inflicts him much harm or disadvantage, if this can be done without significant inconvenience to recreational users or the public interest in general. For paths and trails that have or may have significant damage to the natural environment can shift also required by organizations with conservation or outdoor recreation purposes.
Claims for conversion addressed to whoever keeps the trail or the trail by just. Disputes concerning the reorganization may be requested to resolve County Governor of Oslo and Akershus.

§ 10. Rules for motorized and other traffic in Marka, motor traffic on uncultivated land and watercourses are not allowed unless otherwise provided by this Act or regulations issued pursuant to this Act. All motor traffic on uncultivated land and watercourses etc. shall be conducted with care and at times as little as possible disadvantage for outdoor life, damage the terrain or disturbance to wildlife. On these conditions are necessary motor traffic is permitted in connection with:

1.
Police, ambulance and rescue services and control and inspection services established pursuant to law,

2.
Public postal and telecommunications services,

3.
Passenger and goods transport to and from permanent dwellings and in the agriculture and forestry industry. Hunting, fishing and bærsanking are not regarded as commercial in this regard,

4.
Smooth transport of field elk,

5.
Operation and maintenance of the cabins that are open to the public,

6.
Defence exercises, movements and transports,

7.
Transport in connection with construction and operation of roads and major facilities, including dams,

8.
Scheduled transport services operated under license pursuant to the Professional Transport Act,

9.
Maintenance of existing trails,

10.
Construction of new trails and expansion of existing trails that have been approved under this Act

11.
Transport associated with fish cultivation measures with public purpose,

12.
Operation and maintenance of existing energy and power plants,

13.
Necessary restoration in acute outcomes in areas that are protected or temporarily protected by § 11

With uncultivated land means uncultivated land that pursuant to the outdoors § 1, first paragraph is not considered to be cultivated land or equivalent to cultivated land. Mountain pasture, house lots, hay meadows, cultivated pastures and forest plantations located in outlying areas, calculated in this Act as the outfield.
Veg in outlying areas that are not built for motor cars, regarded this law as outlying areas. The same applies built roads that are not plowed for motor cars.
Watercourses means open and frozen rivers, streams and lakes. With motorized transport means in this law the use of vehicles (cars, tractors, motorcycles, snowmobiles, etc.) and boat or other floating craft or hovercraft powered by motor, as well as landing and take off with powered aircraft.

Ministry may by regulations prohibit or restrict traffic with motor vehicles on private roads other than residents and visitors to these when traffic does not have the acquisition, management or supervision as their object or happening in the police, ambulance, fire protection or hedging purposes. It may be determined regulatory provisions for otherwise lawful motor traffic on the roads.

§ 11. Special protection of outdoor areas King may cherish as outdoor recreation area space because of the scenic values ​​have special qualities for outdoor recreation. It may set further rules on the area, including provisions regarding management and use.
Ministry may protect areas temporarily to prevent damage to conservation values. It may set further rules on the area, including provisions regarding management and use.
Provisions concerning procedures of the draft Act, Chapter V, apply to the creation of recreation areas.
It can no action be taken in outdoor recreation area that may substantially alter the area's value as outdoor recreation area. The Ministry will decide in cases of doubt whether an action can change the area's value substantially as outdoor recreation area.
An owner or licensee of property that is wholly or partly protected as outdoor recreation area, is entitled to compensation from the State for financial loss when protection makes impediment of current use. If use needs permission from a public authority, the right to compensation only when permission is given before the announcement was made after the draft Act § 42. The draft Act § 51 apply to the procedure for determining the compensation under this provision.
When the conditions under subsection are met, stipulated compensation for losses caused by the impediment of current use in accordance with the disbursement rules of law on 6 April 1984 no. 17 concerning compensation upon expropriation of real property. For the purposes of the Act of 6 April 1984 no. 17 concerning compensation upon expropriation of real property § 10 shall be the date of protection decision applied.

§ 12. Considerate use of Marka Ministry may issue regulations concerning considerate use of Marka. The provisions of the regulation will help to maintain and develop good relations between users of Marka within respectively outdoors, sport and commercial activity as well as cabin owners and residents. It should be emphasized that multi-use in Marka to take place within the framework of sustainable use.

Chapter 4. Council for forest matters (Marka Council)

§ 13. The Council of forest matters (Marka Council) Ministry may appoint a counsel for forest issues. Marka Council shall work to promote the objectives of the law and may on its own initiative take up matters for discussion in the Council. Marka Council can make a report to:

A)
applications for permits in major cases and exemption

B)
proposed plans

C)
proposal special protection of outdoor recreation area in accordance with § 11 of this Act.

Marka Council can prepare a proposal for regulation on considerate use of Marka.
Marka Council by alternates are appointed for four years. The Council elects its own chairman.
Affairs establishes regulations about Marka Council composition, number of members, tasks and work schedule, Secretariat arrangements, including which tasks the Secretariat shall perform mv.

Chapter 5. Permission measures, exemptions, procedures and complain

§ 14. Application for action measures covered by the law can only be enforced if it is authorized by the competent authority under the law. Permission can only be granted if the benefits of the measure must be deemed greater than the damage and inconvenience the measure will entail for the outdoor life, the natural environment or the public interest in general.
For applications coming under § 7 the application processing is limited to checking that the measure complies with the conditions set out in § 7

§ 15. Exemption municipality may provide permanent or temporary exemption from the provisions of § 4, § 5, § 7 first paragraph Nos. 1-3 and § 10. The Ministry may grant exemptions from the provisions of § 4, § 5, § 7, first paragraph. 1-4 and § 10. conditions may be attached to the exemption.
Exemptions can only be granted if the objectives of the legislative intent determination not substantially disregarded, and the benefits of granting an exemption for an overall assessment is considered to be clearly outweigh the disadvantages for the outdoor life, the natural environment or the public interest. It can not be dispensed from the requirement to produce zoning the Planning and Building Act or other procedural rules. The provisions for exemption in the Planning and Building Act does not apply.
Municipality may not grant exemptions from the plans, legal provisions concerning plans or prohibition in § 5 when a directly affected central government or regional authorities have spoken out against it being granted an exemption.


§ 16. Appeals etc. County Governor of Oslo and Akershus appealed the municipality's decision under this Act. Environment Agency appealed to the county governor's decision. The county governor and the county authority may on its own initiative appeal municipal exemption decision pursuant to § 15 and other decisions that the municipality adopts in or pursuant to this Act.
Organizations that have outdoor activities, sports, nature conservation or cultural values ​​that purpose may appeal decisions made by the municipality under § 5, § 7, first paragraph, § 9 and § 10. Otherwise, the rules on complaints in Public Administration accordingly.

Chapter 6. Supervision, control, correction and punishment

§ 17. Supervision and control authorities under this Act shall, through advice, guidance and information to promote the objectives of this Act.
The municipality supervises compliance with the provisions laid down in and pursuant to this Act are complied with. The municipality decides on which areas should be supervised. Emphasis should be on conducting a supervision as effectively as circumstances permit with the least possible environmental impact.
By Inspectorate, the being controlled or the person responsible for operations give the supervisory authority the necessary assistance and information. The supervisory authority can stop people, vessels and motor vehicles if this is necessary for exercising supervision.
Government by law can point out duty under other laws that are of significance for the purpose of this Act and shall notify the alleged violation of obligations under other legislation to the supervising authority.
Ministry may issue further regulations on supervision, control and reporting.

§ 18. Correction and mitigation measures municipality may order the person responsible to remedy or stop conditions that are contrary to law or contrary to decisions made under the Act.
Whoever by contravening the Act or decisions pursuant thereto causing danger of environmental degradation, should take measures to prevent such environmental degradation occurs. Have environmental resources already occurred, duties tortfeasor to prevent further environmental degradation. He obliged as a rule, also to restore the previous state of the environment by collecting, collection, removal, landscaping or other appropriate measures. Measures which itself may cause environmental impact of any significance, shall only be taken with the permission of the Ministry or order pursuant to subsection.
Obligation remediation and recovery does not apply if, in light of the costs and effects of measures, the environmental effects of the offense and the offender's fault and financial situation would be particularly unreasonable.

§ 19. Coercive fines To ensure that the provisions laid down in or pursuant to this Act, the competent authority under the Act make decisions on fines.
Coercive fine may be imposed when the violation of a provision is discovered. Levying of the fine if the person responsible fails to meet the deadline for rectifying the situation which the authority under the Act. A coercive fine may be imposed in advance if there are special reasons, shall become effective from any possible violation occurs. It may be determined that the coercive fine run as long as the unlawful situation persists, or that it is payable for each violation. Coercive fine does not apply if compliance is impossible due to circumstances not attributable to the person responsible. Coercive fines may be imposed as a daily fine or even fines.
Coercive fines imposed on the person responsible for the infringement. Imposition of fines is enforceable by execution. The Ministry may waive accrued amounts.

§ 20. Penalties fines or imprisonment up to one year to anyone who willfully or through gross negligence violates the provisions of or pursuant to § 5, § 7, first paragraph, § 9, § 10, § 11, § 17 or § 18 .
are been caused or risk of substantial environmental or offenses are serious, imprisonment up to three years may be imposed. In assessing whether the offense is gross, particular emphasis is placed on the infringement scale and effects and the degree of guilt.

Chapter 7. Commencement

§ 21. Commencement This Act applies from the King decides.

§ 22. Transitional provisions The Ministry may issue further provisions on how the provisions of the Planning and Building Act 14 June 1985 No.. 77 should interact with provisions of this Act.

§ 23. Amendments to other laws in the law on state naturoppsyn 21 June 1996 no. 38 (naturoppsyn Act), § 2, first paragraph read: - - -

Miljøverndepartementets1 digital map «Marka border" dated 2 April 20092

Marka The territorial extent
To read map see here: