Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2007-06-15-40
Law on husbandry (Reindeer Herding Act)
Ministry of Agriculture and Food
LOV-2016-06-17-70 from 01/07/2016
Published in 2007 Booklet 6
Reindeer Herding Act
Chapter 1. Introductory provisions (§§ 1-8)
Chapter 2. The reindeer in the Sami reindeer grazing area (§§ 9-18)
Chapter 3. Reindeer Court content (§§ 19-26) || | Chapter 4. General rules concerning the pursuit of reindeer (§§ 27-31)
Chapter 5. Marking of reindeer and registration of reindeer mark (§§ 32-41)
Chapter 6. reindeer organization - districts and siida ( §§ 42-56)
Chapter 7. Use Policy in the district. District Plan (§§ 57-62)
Chapter 8. Relationship to other uses (§§ 63-66)
Chapter 9. Liability for damage. Gorgeous (§§ 67-70 b)
Chapter 10. Government agencies (§§ 71-73)
Chapter 11. Penalties and enforcement action (§§ 74-80)
Chapter 12. Final provisions (§§ 81-83)
Ref. former law 9 June 1978 No.. 49 on reindeer husbandry.
Chapter 1. Introductory provisions
§ 1. Purpose For the Sami reindeer grazing area shall act to facilitate an ecologically, economically and culturally sustainable reindeer husbandry based on Sami culture, traditions and customs for the benefit of herding people themselves and society at large. To reach these goals, the Act shall provide the basis for appropriate organization and management of reindeer husbandry. Reindeer herding is to be preserved as an important basis for Saami culture and society.
Act is intended to hedge herding areas in the Saami reindeer grazing area husbandry main resource base. The responsibility for securing areas incumbent both holders of reindeer husbandry, other licensees and authorities.
Outside the Sami reindeer grazing area shall law facilitate for an ecologically and economically sustainable utilization of reindeer grazing resources on the basis of local culture and tradition in the areas where it is granted permission for reindeer in accordance with § 8
Both in and outside the Saami reindeer grazing area should law help to ensure proper welfare of domestic reindeer.
§ 2. Scope The Act applies to the realm of the limitations imposed by the Act of 9 June 1972. 31 of Swedish reindeer grazing in Norway and Norwegian reindeer grazing in Sweden.
For pastoralism in Trollheimen and vicinity, the provisions of Act of 21 December 1984 no. 101 on reindeer municipal Meldal, Midtre Gauldal, Oppdal Rennebu, Rindal, Sunndal and Surnadal.
§ 3. Relationship to international law Act shall be applied in accordance with international law of indigenous peoples and minorities.
§ 4. The Sami reindeer grazing area the Sami population on the basis of immemorial usage right to practice reindeer husbandry within the parts of the counties of Finnmark, Troms, Nordland, Nord-Trøndelag, Sør-Trøndelag and Hedmark where reindeer herders of old have exercised reindeer (Saami reindeer grazing area).
Within the Saami reindeer grazing area shall be assumed that there is a right to reindeer grazing in the framework of this Act, unless otherwise provided by special legal status.
By engaging in herding Sami reindeer herding rights shall be granted compensation in accordance with the general expropriation principles.
§ 5. Sami regional reindeer grazing areas of the Saami reindeer grazing area divided into Sami regional reindeer grazing areas will be open for reindeer with such special rights and duties stipulated in or pursuant to this Act. King determines subdivision.
§ 6. Sami reindeer grazing districts Reindeer Board divides the Sami regional reindeer herding areas in Sami reindeer grazing districts in accordance with § 42.
§ 7. Expropriation to ensure reindeer pastures King may require ceded to the state land and rights, including the rights referred to in Chapter 3, and the right to compensation for damage caused by reindeer, when are necessary for reindeer in the Sami reindeer grazing area and it must be expected that the procedure will undoubtedly be of more benefit than harm.
Case concerns cession of rights under Chapter 3, the claimant may be relieved to replace defendant's costs unless sued for negotiations has refused or failed to respond to an offer and sued by judicial decision does not achieve more than the supply. Otherwise the legal cost provisions of the Act of 1 June 1917 No.. 1 on assessment and expropriation cases.
§ 8. Reindeer outside the Sami reindeer grazing area outside the Saami reindeer grazing area may husbandry not be exercised without a special permit from the King. Such permission may only be given to whoever can provide a written consent of the owners and licensees or otherwise disposes of sufficient size and appropriately restricted reindeer grazing areas. Permission should not be granted for caribou range. It should also be exercised in giving permission for sites located so close to the reindeer grazing areas that may create conflicts. Permission may be granted for a limited time and apply under no circumstances after pasture has lapsed. It can be set further conditions for the operation.
Sameie Journey outside the Saami reindeer grazing area can be allocated to herding by majority vote in accordance with the law of 18 June 1965. 6 about SAMEIGE.
If owners and users who reigns over the greatest part of a mountain range which is høvelig to herding, want the area allocated to such activities, but prevented from this by some landowners who do not want to be with, the provisions on joint actions in land consolidation lovas § 3-9 is used accordingly.
With King's approval may commons board for up to 10 years at a time grant permission for herding in bygdeallmenning outside the reindeer grazing area, where reindeer can take place without significant damage or inconvenience to the usufructuary.
About herding in Crown lands outside the reindeer grazing area, the provisions of the Uplands § 17.
Chapter 2. The reindeer in the Sami reindeer grazing area
§ 9. Right to own reindeer in the Sami reindeer grazing area Only persons who are entitled to re-brand, cf. § 32, has the right to own reindeer in the Sami reindeer grazing area.
It is a condition of owning reindeer reindeer are part of a siida share or juxtaposed recruitment proportion being run by an accountable manager under the provisions of §§ 10 et seq.
In special circumstances, the Reindeer Husbandry Board consent to the person who do not qualify under the first or second paragraph is owning reindeer in the Sami reindeer grazing area.
Reindeer Board may further grant permission for private individuals or institutions own reindeer for scientific purposes and in attempts purposes under public management or supervision. Such licenses shall be granted for a limited time and be linked to specific conditions.
§ 10. Siida Share With siida share means a family group or individual who is part of a siida, ref. § 51, and engaged in reindeer herding headed by a person or by spouses or cohabitants jointly. Head of siida proportion must be resident in Norway.
Supervisor of siida proportion determines who gets the ownership of reindeer in proportion and their reindeer population.
A herder can be appointed leader of just one siida share and can not own reindeer in more than one siida share. Underage children whose parents do not live together, have nevertheless permitted to own reindeer in siida share in both father's and with mother's family.
§ 11. Establishment of siida share Holding as by the Act to be registered with the county, considered siida proportion in relation to the provisions of this law. Whoever by the Act is the holder of the holding considered responsible leader of that siida share.
Leaders of siida shares in a siida may decide by unanimity that there should be established a new siida share in her tribe under the leadership of a designated person who is legal and who meets the conditions of § 9 to own reindeer. It should be taken into consideration that the establishment does not threaten the foundation of ecological, economic and cultural sustainability in her tribe.
When establishing new siida ratio shall reindeer kept within the upper number of reindeer destined for her tribe, ref. § 60 subsections. If creation leads to exceeding the number of reindeer will be carried reduction in accordance with § 60 subsections.
In deciding who should lead a new siida share, shall inter alia taken into account the workload of her tribe and living conditions for those in question to designate, as well as the legislative intent.
Notification of new siida proportion to sent the county for approval. The county governor shall verify that the conditions for establishing new siida share are met, including that the establishment does not threaten the basis for an ecologically, economically and culturally sustainable reindeer husbandry in her tribe. The county governor may deny approval if the average number of reindeer in the individual siida share is less than 250 reindeer calculated in relation to the fixed upper reindeer numbers for her tribe.
Provisions of the second to fifth paragraphs apply correspondingly to the transfer by a siida share to another siida.
County Governor may, if special circumstances, impose a district or siida to establish one or more new siida shares. The head of the new siida share designated in accordance with second to fifth paragraphs. Agreement is not reached, the Chairman shall be appointed by the County.
§ 12. Page Sorted recruitment proportion Responsible leader of a siida share may decide to establish a sideline recruitment share related to siida proportion.
The establishment of a sideline recruitment ratio assumes that the set maximum number of reindeer that siida proportion and the collateral recruitment proportion in total must stay within.
It could not be established more than one page overall recruitment proportion to each one's share.
A Sibling recruitment portion may consist of up to seven years, and it is assumed that the establishment of such a share simultaneously entered into an agreement for the acquisition of one's share. Responsibility as the head of a recruitment share can only be entrusted to a child, a grandchild or another of the younger generation that meets the conditions of § 9 to own reindeer. Candidates must be of legal age and have participated in all aspects of work in reindeer husbandry along with the leader at least three years.
The leader of the collateral recruitment share has the same rights and duties as a manager of a siida share, unless otherwise provided by this Act.
If the leader of siida proportion dies or resigns as supervisor, included the collateral recruitment proportion in siida proportion with the leader of the collateral recruitment proportion as the new chairman.
Message to establish a coordinate recruitment proportion to sent the county to ensure that the formal conditions for the establishment of a coordinate recruitment ratio is met.
§ 13. Spouse and cohabitant position If responsible leader of a siida proportion is or gets married, both spouses be responsible managers of siida proportion. This applies even if only one spouse meets the conditions of § 9 first paragraph to own reindeer. Such joint siida ratio implies that the spouses are jointly and severally liable as managers of siida proportion.
If the spouses agree that both should stand as responsible leader, they must notify the message husbandry, ref. § 18.
Spouses who both fulfill the conditions of § 9 first paragraph to own reindeer, can be independent leaders for each one's share, with the limitations imposed by the law in general.
Provisions of subsections apply correspondingly for two unmarried persons living together (cohabiting) if they
Have or have had children together,
Previously been married to each other, or
Have lived together in a marriage-like relationship for two years.
§ 14. Termination of marriage and cohabitation Have siida share has been run jointly between spouses or cohabitants, and one of them dies, the surviving party responsible manager alone. This applies even if the surviving party does not fulfill the conditions of § 9 first paragraph to own reindeer.
If the marriage or cohabitation ceases otherwise than by death, lose the spouse or cohabitant who has been co-responsibility through marriage or cohabitation, the right to stand as co-responsible leader. The parties may agree that the employee is still yet to own reindeer in siida proportion and possibly alone shall have the responsibility for one's share. This applies even if the person does not satisfy the conditions of § 9 first paragraph to own reindeer.
Changes in management responsibility for subsections shall be reported to the county.
§ 15. Transfer of responsibility as leader of siida percentage If a coordinate recruitment proportion is not established, can the leader of a siida share transfer responsibility as head of the proportion of a child, a grandchild or another person who meets the conditions of § 9 first paragraph owning reindeer in proportion.
The new leader of siida proportion must be of age and must have participated in all aspects of work in reindeer husbandry along with the leader at least three years. County Governor may in special cases approve the transfer of a child or grandchild who do not meet these requirements.
When transferring management responsibility for a siida share has previously still leads right to own reindeer in siida proportion.
If the leader of a siida portion dies without having made a decision as mentioned in the first paragraph, have a child, a grandchild or another relative who meets the conditions of § 9 first paragraph to own reindeer in proportion, the right to acquire responsibility for one's share unless the surviving spouse or partner assumes responsibility in accordance with § 14. the second paragraph applies correspondingly.
Case of death can be sought county that siida share be suspended until a child, grandchild or other person who meets the conditions of § 9 first paragraph to own reindeer in proportion, is empowering.
Notification of transfer of siida proportion to sent the county to ensure that the formal conditions exist.
§ 16. Liquidation of siida proportion If responsible leader of a siida proportion decides to liquidate his reindeer or dies without responsibility transferred to another pursuant to the provisions of §§ 12 and 15 shall siida proportion dissolved and reindeer sold unless it is contained in a another siida share or a sideline recruitment proportion. The Board of summer siida, ref. § 52, or the contact person who is selected under § 53 subsection shall ensure that siida proportion wound. The cost of the liquidation shall be covered by revenues from sales of reindeer.
If responsible leader of a sideline recruitment proportion decides to liquidate his reindeer or dies, the proportion into the siida proportion as recruitment proportion was established from.
Notice of termination by the first and second paragraph must be sent to the county governor.
If one siida share or a sideline recruitment ratio, had a reindeer population below 50 for five years, it must be carried out as siida share. The decision to terminate taken by the County. The county governor shall the fourth year of a reindeer population below 50 notify the manager of siida proportion of the impending liquidation. The notification must be made at least six months before the deadline for submission of next year's notice of reindeer. The provision concerning the implementation of liquidation in the first paragraph shall apply mutatis mutandis.
§ 17. Stay of reindeer in violation of the provisions of Chapter 2 Whoever has reindeer in violation of the provisions of Chapter 2, may be required to bring the relationship to an end under the provisions of Chapter 11.
§ 18. Notification of reindeer Head of siida ratio shall annually notify the reindeer to the county governor. The notification shall contain information about the number of reindeer in siida share and owners of reindeer in proportion, as well as information about siida affiliation. A copy of the message sent to the Board in the district where reindeer husbandry takes place.
Ministry issues specific provisions regarding the information message should contain and the deadline for reporting etc.
Coordinates in the message about individual reindeer numbers and their personal circumstances are subject to confidentiality, unless otherwise provided by law. Public Administration §§ 13a to 13 e shall apply accordingly.
Chapter 3. Reindeer Court content
§ 19. pasturing right to practice reindeer husbandry gives the right to let the deer grazing in the mountains and other uncultivated stretch, including former cropland and slåtteng set for itself unrelated to inhabited areas or cultivated areas in operation, if the not upheld nor in use as cultivated pastures, unless the area is fenced with fencing that peace reindeer. The King may issue further provisions concerning what is meant by fence as peace reindeer.
The King may decide that certain coniferous stretches should be protected for reindeer grazing in a certain time, when deemed necessary for reasons of forest regeneration or regrowth. The King may also in other cases make decisions on protection of specific areas in a certain time when special circumstances warrant this. Preservation Decisions can also be applied to moving reindeer.
Area being preserved for reindeer grazing, should be compensated by laying similar pasture areas where this is possible.
§ 20. Seasonal Grazing Grazing right includes the right to necessary season pastures, that spring, summer, autumn and winter pastures, including mobile rents, calving land and mating areas.
§ 21. The right to housing, arches, etc. right to practice reindeer entitling to outlying areas to dispose due to necessary cabins and huts for people and the arches and jobs needed for the storage of personal property and foodstuffs.
A reindeer herder has access to the consideration to get expelled land for housing if reindeer athlete not otherwise could obtain housing that is necessary for a rational exercise of reindeer husbandry. Can the parties agree on the conditions for requiring expulsion of land are present, or if place choice, size and appraisal, terms and compensation, this will be decided by the land consolidation court.
The reason that is being used or expelled and buildings and facilities as listed pursuant to the first or second paragraph, can not do without the King's approval and consent of the landowner used for purposes other than reindeer or transferred to others than practitioners of reindeer and that fills the conditions in subsections.
§ 22. Move Leier Reindeer herders have access to free and unhindered conducting and moving reindeer in those parts of the reindeer grazing area where deer can legally move and access to moving reindeer for traditional mobile rents. With the flyttlei are also fixed inputs and unloading places for transport of reindeer.
Reindeer move rents must be kept, but King may authorize restructuring of flyttlei and the opening of new mobile rents when legitimate interests so warrant. Any damage resulting from the restructuring of flyttlei or opening of new flyttlei replaced by decision by the land consolidation court. The King may decide that the fixing in detail of the new removable rent will be left to the judgment.
§ 23. Motor traffic Whoever carries husbandry, have access to use necessary fremkomst- and transport in accordance with the district plan, cf. § 62.
use of all-terrain vehicles on bare ground should be minimized and should as far possible place in fixed tracks. Motorized traffic or flight into protected areas pursuant to the draft law, Chapter V or older protection decisions as mentioned in the draft Act § 77, shall be conducted in accordance with established regulations on the protection. The modalities of such traffic in the protected area may be determined by regulation by the competent authority in consultation with the district board.
§ 24. Fences and other facilities right to practice reindeer entitling to lead up work and fences, slaughter plants, bridges and other facilities necessary for reindeer herding. Fencing equipment must not be placed so that they seem unnecessary disfigurement or will cause substantial harm or inconvenience to the landowner or for other legitimate interests.
Fences and plant that will persist beyond one season, can not be built without the approval of the Ministry. Approval of larger facilities can only be granted after an expert assessment of the overall environmental impacts, together with the reindeer academic needs for the plant. Unless the landowner and any usufructuary's consent, the Ministry may grant permission for execution of the plant for a consideration established by the land consolidation court for damage and inconvenience.
Fences and plants that are not in accordance with the first or second paragraph, the county governor may require removed or changed by the person responsible. Is this not complied with within a specified period, the county implement demolition or alteration immediately. Expenses for measures under this paragraph shall be borne by the responsible party and are enforceable by execution.
Ministry may issue further provisions on how fences and other facilities shall be located and designed, including the fencing materials etc. The Ministry may also make provision for the maintenance of permanent fences and construction and the duty to remove fences and plants that are not kept in proper condition or who are no longer in use.
§ 25. The fuel and timber in the Saami reindeer grazing area in the Saami reindeer grazing area gives the right to practice reindeer right in connection with the lawful exercise of cultivated for personal use to deciduous trees, shrubs, juniper, willow, birch twigs, selvtørrede conifers and dry windfall, fallen branches and twigs, stumps, bark and bark, both on public and private property when it seemed to be used for:
Huts, huts, sheds or positions for storage of personal property and foodstuffs,
Poles, tools and ease of use things,
Work fences (ladders, ring fencing)
Fresh deciduous wood and healthy shrubs should not be taken unless there on site or nearby are other wood that is appropriate for the purposes.
Forest owner can demand payment for fresh deciduous trees taken in private forests, but otherwise it can not demand payment for work that rightfully taken pursuant to this paragraph. It shall, without delay, be notified to the landowner about remove timber as this may require payment. If no agreement on payment, may amount required established by the land consolidation court. Finnmarkseiendommen may not demand payment under the provisions of this paragraph.
So far it portrays itself as necessary for forest conservation, regeneration or regrowth or because there is a shortage of wood in the district, the King may by regulations restrict or completely prohibit the extraction of wood in specific areas and under, inter alia, decide that fresh work can be taken only after expulsion.
§ 26. Hunting, trapping and fishing in the Sami reindeer grazing area in the Saami reindeer grazing area gives the right to practice reindeer right in connection with the lawful exercise of reindeer hunt, trap and fish in Crown lands, in no particular matrikulert state property and on Finnmark's land within the reindeer grazing where reindeer husbandry takes place, on the same terms that apply to persons who are permanent residents in the municipality, village or hamlet where commons, state property or the relevant part of Finnmark's land is located. In state matrikulerte forests and alpine routes within reindeer grazing area shall reindeer herders' access to hunting, trapping and fishing be as it has been since ancient times.
The King may decide that the practitioners of reindeer husbandry shall have exclusive right to the use of fixed equipment to catch fish in specific lakes and rivers in other state properties than the Crown lands. The King may also decide that certain lakes and rivers in the properties mentioned in the preceding sentence shall be reserved for use by people who practice reindeer husbandry.
For hunting, trapping and fishing operated under the provisions of this paragraph shall be paid rent or card fee.
Chapter 4. General rules concerning the pursuit of reindeer
§ 27. Exercise of reindeer A reindeer owner shall in the exercise of his reindeer take into account other herders herding and not utilize pastures in such a way that they deteriorate for other herders. Rein owner must not prevent others from their rightful exercise of reindeer.
A herder must ensure that reindeer herding takes place within the framework provided by this Act in accordance with the operating rules of the district.
§ 28. Supervision reindeer shall be kept under such supervision that as far as possible be prevented from causing injury, get outside legal grazing or blended with other reindeer.
Detailed rules on supervision may be established in the district's rules on grazing.
§ 29. Disclosure Siida who have reason to believe that reindeer from it has come into another SIIDA herd, have the right to inspect the herd to see if its reindeer herd.
Transparency can only happen with a representative of her tribe present. The representative will help ensure that access may take place. Otherwise carried transparency according to custom among herders in the area.
Detailed rules for access may be granted in the usage rules for the district.
§ 30. Treatment by other siidas reindeer Siida which has received reindeer from another siida into the herd shall immediately notify the other siida about the relationship. Skilling takes place in accordance with § 31
Is it difficult for the other siida to retrieve the deer, or segregation can not be made, obliged the siida who have received other people's reindeer in the herd, to take care of the reindeer until separation and disposal can take place.
Further rules concerning the treatment of other siidas reindeer can be used governs the district.
§ 31. Skilling Whoever has reindeer in a herd together with others, may require skilling for withdrawing own animals.
The others who have reindeer in the herd have an obligation to create the conditions for separation. No need to interfere with work during the separation. Skilling should take place before the herd leaves season grazing area.
Skilling may not be required during calving or in connection with heat or if separation is not advisable on animal welfare grounds.
Before reindeer put in fence shilling, they must siidas that may have reindeer herd notified.
Further rules on skilling and notification can be given using the rules of the district.
Chapter 5. Marking of reindeer and registration of reindeer brand
§ 32. Right to rein mark Right to rein brand has people of Sami ancestry who
By the Act had herding as their main activity in reindeer grazing in accordance with the Act of 9 June 1978 No.. 49 on reindeer § 4, ref. § 3, or
Have parents or grandparents who have had herding as their main occupation and who
Contained siida share or be included in siida proportion by decision pursuant to § 10 subsection or lead siida share or juxtaposed recruitment share according to §§ 11 to 15.
Whoever is adopted, with equal rights to reindeer mark as if the adopted child had been the adoptive parents' own born children, even if they are not of Sami ancestry.
The married to someone who is accountable manager siida share, but not even satisfy the conditions in the first paragraph of reindeer mark is entitled to re-brand. The same applies cohabitant as mentioned in § 13 fourth paragraph.
Takes over a person mentioned in subsection leadership responsibility for one's share, cf. § 14, he is entitled to re-brand as long as they are responsible leader of a siida share. Their new spouse or partner is not entitled to re-mark the third paragraph.
Have Reindeer Board in accordance with § 9 subsection given an individual right to own reindeer can Reindeer Board also grant the right to reindeer mark where this is necessary for an orderly husbandry.
§ 33. Obligation labeling of reindeer All reindeer in the Sami reindeer grazing area shall be marked with the owner's mark.
Reindeer shall be marked with the owner's registered mark by October 31 the same year as the birth. County Governor may in special cases authorize that this limit is exceeded, but under no circumstances beyond 31 May the following year.
Marking shall be made in accordance with the provisions of Law 20 December 1974 nr 73. Dyrevern.1
§ 34. Forms for labeling Within the Saami reindeer grazing area shall labeling of reindeer happen by incision in the ear with the owner's registered reindeer mark.
In addition to registered reindeer mark may be used ear clips on the acquisition of ownership of reindeer marked with the former owner's mark.
Temporary labeling occurs with hårmerke or ear clips. Temporary markings showing ownership until a label according to the first or second paragraph takes place.
§ 35. relabeling relabeling is not allowed.
Relabeling punishable under the provisions of the Penal Code Chapter 27
§ 36. Sale of reindeer without legal notice Rein born in previous years, and that after May 31 are without legal notice, will generally sold under the district board, possibly siida Board, responsibility.
The yield of the sale is passed reindeer owner. The owner is not known, accrues dividends siida as reindeer belong. Nor siida known accrue dividends district.
§ 37. Brand Board and Appeals In each Sami regional reindeer grazing area elect a notice board at least three and at most five members from various reindeer grazing districts, with personal deputies. Members and alternates are elected by district leaders. The county governor appoints the secretary of the tribunal. Reindeer Board appoints an appeals.
§ 38. Registering and deleting brand All reindeer marks shall be approved by the notice board before they can be used in the regional reindeer grazing area. Approved reindeer brands in the regional reindeer pasture area registered with the Government reindriftsforvaltning.1 Rein mark shall be such that confusion or abuse can not take place. Brand Tribunal shall, under the protection of interests of orderly husbandry, seek to preserve traditional use and design of reindeer marks, inter alia, traditional family marks be taken to preserve the family.
Rein Brand can not be registered as a trademark by the Act of 3 March 1961 no. 41 on trademarks.
A registered reindeer notice shall be deleted when the brand holder dies without leaving reindeer along with the label acquired by the spouse or heir.
If a reindeer marking has not been in use for the last four years, can mark Tribunal delete marked.
If a registered reindeer brand has such a shape that confusion or abuse can take place, you notice Tribunal delete marked.
With reindeer Board approval may notice board adopt supplementary guidelines for the design of brands etc.
§ 39. Procedural Brand Tribunal shall announce applications received about reindeer mark leaders siida Shares of competent and adjoining districts. Notice shall also take place in Sweden and Finland. Brand Tribunal decision of the application shall be published in a similar manner.
Brand Tribunal's decision may be appealed to the Appeals Committee.
Ministry issues rules of procedure for notice board, including registration fee, and the rules of the appeal.
§ 40. Supplementary provisions on reindeer marks Ministry may issue further rules on the labeling of reindeer and registration of reindeer marks, as well as on the transfer and deletion of reindeer marks that are not in use.
§ 41. Marking outside the Saami reindeer grazing area outside the Saami reindeer grazing area provides ministry further rules on reindeer marking and labeling of reindeer.
Chapter 6. reindeer organization - districts and siida
I. Reindeer grazing Districts
§ 42. Reindeer Pasturing By division of the Sami regional reindeer herding areas in reindeer grazing districts shall reindeer Board on the basis of customary use emphasize that a reindeer grazing are limits operatively natural and appropriate.
A district should preferably encompass all season pastures for the reindeer herders who are related to the district. Where it is appropriate, season pastures be spread over several districts.
Division into districts is not an obstacle to cooperation between reindeer herders across district boundaries, as long as such cooperation does not affect other reindeer practitioners rights. The division into districts is also not intended to prevent use of pastures in another district when this is dictated by special legal grounds.
§ 43. District Board In each reindeer grazing there shall be a district board elected by and from the voting in the district under the provisions of subsections.
The leader of the board elected by district annual meeting, ref. § 49. The rest of the board consists of one representative of each summer siida in the district, ref. § 54 first paragraph. 2. A siida director elected by siida annual meeting, cf. § 53. is number sommersiidaer more than seven, elected six members chosen by lot from director candidates from each sommersiidaene, except for the summer siida whose leader. District Annual Meeting may decide that the control membership instead should be rotated between sommersiidaene. Such rules must be approved by the County. The manager and the other Board members elected for two-year terms with personal deputies.
If there are special reasons, the Reindeer Husbandry Board provide that the Board shall have up to 11 members. If strong circumstances, Reindeer Board decide that a summer siida which is substantially larger than the average in the district, should have stronger representation on the board than what follows from the provisions of the second paragraph. This summer her tribe can not have a majority on the board.
If athletes in summer siida rest of the year form less vintersiidaer, you leaders of one's interests in a winter siida, possibly more vintersiidaer together or other grouping, require directorship in district board should be rotated between vintersiidaene / groups.
If the district corresponding to a summer siida, the provisions of § 52 for the election of directors, however, that a board always be created.
The Board has a quorum when at least half of its members are present. A district board with fewer than three members are still only a quorum when all members attend. At same number of votes, the chairman has the casting vote.
§ 44. District Board responsibilities and powers of the District Board represents reindeer interests in the district. District Board's tasks is to safeguard reindeer grazing resources in the district in compliance with laws and operating rules.
District Board may partly settle, sue and be sued on behalf of herders in the district's public affairs. This also applies in cases concerning the protection of areas, though not all athletes are affected. This does not preclude that a siida or herder fulfills its own specific interests.
§ 45. Authorization District Board may in certain cases provide the Chairman with the Board Secretary or together with one of the directors authorized to act on behalf of the Board.
§ 46. district Cash In each district there shall be a district fund. All siida shares is obliged to pay an annual contribution to the district treasury. Distriktskassens funds shall cover the remuneration of district board members and other expenses for the administration of the district.
The amount of support is calculated per. reindeer and approved by the district's annual meeting a proposal from the district board, ref. § 50 first paragraph. 7. District Board calculates the subsidy for each one's share by number of reindeer in siida share, grumbling reindeer counting.
Decisions on the grants the individual siida share to pay, may be submitted to the county, which can change the decision if the subsidy is not proportionate to the district's activities. The requirement to self-examination must be lodged within eight weeks after siida proportion received notification of the decision of the grant.
If the grant is not paid, losing one's share their voting rights until the amount owing is paid. Final decisions on grants are enforceable by execution.
§ 47. Reindeer Fund In the district there shall be a reindeer funds. Into the fund goes:
Compensation to the district by the expropriation of grazing rights oa
Compensation to the district of injury, disadvantage etc.
Concession to the district by expropriation,
Funds from the sale of reindeer without legal notice,
Fee for breaches of usage rules, ref. § 77,
Other means accruing to the district.
The fund's assets are managed and disposed of district board by-laws established pursuant to § 57, second paragraph. 5.
§ 48. Auditor The AGM appoints the auditor who shall be registered or chartered under the provisions of the Act on 15 January 1999 no. 2 on auditing and auditors.
County governor can approve it instead of an external auditor elected an audit committee of two or three members among the voters in the district. Members must not be members of the board or have special attachment to directors.
§ 49. District Annual Meeting The annual meeting shall be held by herders in the district annually by the end of June. The meeting shall be convened in the manner that is common in the district, at least four weeks notice.
At the annual meeting has any herder speak and make proposals. When voting is each one's share voting so that each one's share has five votes. A sideline recruitment proportion has two votes. The leader of siida proportion determines the distribution of votes among the other herders in siida proportion. The leader must always keep yourself at least one vote, or two votes if spouses or cohabitants have joint management of one's share.
Board's annual report and accounts, and proposed allocation of reindeer Fund, together with the agenda of the annual meeting and any candidate for chairing the board sent the leaders of siida Shares in the district at least four weeks before the AGM is held.
The annual meeting is headed by a chairman elected by the AGM. The meeting is closed, unless the annual meeting itself decides otherwise.
For meeting negotiations and choices are to maintain a protocol, which recites the meeting's end and signed by two meeting participants selected for it.
§ 50. Distriktsårsmøtets matters and authority AGM shall:
Making recommendations to the district board's annual report and adopt annual
Making recommendations to the district board's proposal to use rules, cf. § 57
Making recommendations to the district board's proposed district plan, cf. § 62
Elect the chairman of the district board in accordance with § 43
Establish rules for the election of Directors acc. § 43 subsection
Set the remuneration of the members of the district board
Fix subsidy per. reindeer to district cashier, cf. § 46
Appoint an auditor, or audit committee, cf. § 48
Give its opinion on matters someone with the right to attend the annual meeting, at least one week before the annual meeting by contacting the district board, has demanded treated
Give its opinion in other cases that are submitted by the district board requesting a statement from the meeting.
In cases where the annual meeting has the right to speak, is the statement indicative and not binding on the board.
The annual report shall be sent to the county governor.
Ministry issues rules for the contents of the annual report.
§ 51. Siida With siida purpose of this Act a group of herders who practice reindeer herding communities in specific areas. This law distinguishes between summer and winter siida siida. A summer siida practitioner reindeer jointly mainly on summer and autumn pastures. A winter siida practitioner reindeer jointly mainly winter and vårbeiteområdene.
§ 52. Summer Siida Control In summer siida shall elect a board that will be responsible for the facilitation of joint operations and managing public facilities in her tribe, as slaughterhouses, fences, etc. The board is elected by siida annual meeting. The annual meeting may decide that it shall not be elected board of her tribe, ref. § 53, second paragraph.
§ 53. The annual meeting in the summer siida In sommersiidaer shall hold meeting annually by the end of May. Anyone with reindeer in her tribe, is entitled to be present at the annual meeting to speak and submit proposals. Voting is the individual siida share. The provisions of § 49 subsection shall apply accordingly.
Is not own board this summer siida must AGM select a person who will be the contact between her tribe and district board. This person has the responsibility to convene the annual meeting.
§ 54. Siidaårsmøtets matters and authority AGM shall:
Choose siida Board pursuant to § 52
Choose a candidate for district board pursuant to § 43
Determine the subsidy to siida box, cf. § 55
Establish rules for siida box, cf. § 55
Establish rules for siida Fund, cf. § 56 subsection
Select auditors, cf. § 56 subsection
Choose contact person mentioned in § 53 second paragraph.
The annual meeting may bylaws provide that one or more of the provisions applicable to the annual meeting of the district, cf. § 50 shall also apply for siida annual meeting.
§ 55. Siida Cash Is siida board elected according to § 52 shall also create an siida crate. Is not it own board in her tribe, the annual meeting can decide that it shall be established a siida crate managed by contact person mentioned in § 53 second paragraph.
Will be drawn up rules for the use of siida checkout. The provisions of § 46 subsections apply correspondingly.
Any leader of a siida share may require the Treasury shall be reviewed by an auditor in accordance with § 56, second paragraph.
§ 56. Siida Fund If a siida awarded funds mentioned in § 47, there shall be established a reindeer fund for her tribe, and the compilation rules for use of the fund's assets. The fund statutes must be approved by the County.
Annual Meeting in her tribe elects the auditor in accordance with § 48 of the audit of the fund. Is it not a private meeting in her tribe, the auditor is selected by consensus of the leaders of siida Shares. Designates not siida a separate auditor shall siida fund controlled by the district auditor.
Chapter 7. Use Policy in the district. District Plan
§ 57. Use Policy shall be established using the rules for the management and use of district resources. Usage Rules shall not conflict with this Act.
Use rules to ensure ecologically sustainable exploitation of the region's pasture resources and contain detailed rules concerning:
Grazing, ref. § 59
Reindeer population, ref. § 60
Use and maintenance of fences and other public facilities
Use of motorized vehicles
Disposal of reindeer funds, cf. § 47
Management of the district's other funds
Distribution of duties and investments
Other matters deemed appropriate to regulate the provisions of the district's use rules.
When necessary, the county governor may impose two or more districts to develop common usage rules for one or more of the factors mentioned in the first paragraph.
§ 58. Preparation and approval of usage rules Usage Rules drawn up by the district board and approved by the county governor. County Department of treatment shall, in addition to a control with statutory provisions for the preparation of usage rules are followed, also include an assessment of whether the usage rules provides the basis for an ecologically sustainable reindeer husbandry in the district.
Policy grazing under § 59 shall be prepared in cooperation with the district siidas. The same applies to the determination of the number of reindeer in accordance with § 60.
Before use rules sent county governor for approval, should a draft be treated at the district's annual meeting. Drafts should be sent leaders of siida Shares in the district two months before the annual meeting. Statements coming in at the annual meeting, sent the county together with draft usage rules.
If the county does not approve the proposed use rules shall reindeer husbandry agronomists assist the district in the preparation of a new proposal to be considered by the rules above. The county governor shall, if this is unsuccessful, prepare usage rules for the district.
If a majority of the district's annual meeting requires it or if the county demands, the new use rules drawn up in accordance with the above rules.
Rein figure for the individual siida, ref. § 60 shall be submitted for reindeer Board for final confirmation and approval.
§ 59. grazing Through rules on grazing must District herders ensured access to necessary pastures, including calving land, move rents and mating areas. The rules to safeguard the principles of good husbandry based on Sami traditions and customs.
Rules on grazing will build on the traditional practice of reindeer on land and promote rational use schemes. The rules on grazing must not be in conflict with a SIIDA rights established in special legal grounds.
The Rules relating to grazing, unless such is determined by the County pursuant to § 61.
head of a siida share can bring the rules on grazing in the Land Consolidation Court within six months after they are approved by the County. Policy grazing which impacts disproportionately on individual, or is contrary to the rights acquired by special legal grounds, may be set aside by the land consolidation court.
County governor may, when strong reasons for doing so, grant exemptions from the grazing rules.
By violations of grazing may be taken under Chapter 11.
§ 60. reindeer population in the usage rules, ref. § 57, shall be prescribed an upper reindeer numbers for the individual summer siida. Rein number should be determined from the grazing grounds as siida disposes. It will use the rules Further details of the operation and grazing assessments as the basis for the determined number of reindeer. Where it is required to make a proper use of winter pastures, it can also set a number of reindeer for the different vintersiidaene.
A winter siida or other grouping may request that it determined its own reindeer numbers for them.
Exceeds the number of reindeer in siida the reindeer population as stipulated by the first or second paragraph shall siida draft a reduction plan. If siida not do this or fail to implement the plan, each siida proportion reduce the excess number proportionately. Reindeer Board has responsibility for ensuring that such a reduction is carried out. There will be deadlines for preparing the plan and implementation of the reindeer population reduction.
May be prescribed an upper reindeer numbers pr. siida share. A reduction of ownership of the tribe reindeer population according to the third paragraph shall then take place by the siida Shares having a reindeer numbers that exceed the stipulated number of reindeer for siida proportion, initially slowing down to the prescribed number of reindeer.
When special circumstances, the County establish an upper number of reindeer per siida share. The Ministry may issue regulations about when the County is obliged to do it, and how reindeer to be determined.
When the County has issued a decision pursuant to the fifth paragraph, two or more siida Shares through consensus determine another reindeer population distribution as long as they keep within these siida share the aggregate number of reindeer.
Ministry may issue supplementary provisions on the determination of the number of reindeer. Such regulations may be defined to include one or more reindeer grazing districts or one or more reindeer grazing areas.
§ 61. Grazing Times Where necessary precautions season pastures, the county governor may establish grazing times for various seasonal pastures. Head of siida share shall ensure that the reindeer herd manager does not reside on grazing lands in violation of these rules.
Where circumstances make it necessary, grazing times waived by permission of the county governor. It also applies to grazing times established by § 59.
§ 62. District Plans District Board shall prepare a regional plan for the district which shall contain the information about your business in the district that are necessary for the public planning.
District plan must include:
Indication of moving patterns in the district
Listings season pastures, calving land ol
Overview of the necessary fremkomst- and vehicles, including the all-terrain vehicles used in the district, as well as any time-limited use of helicopters or other aircraft. Use Policy terrain dryland vehicles must also be stated plan
List of fences and construction of a permanent nature, and if possible also fences, temporary art
Any division into pasture zones.
Leader for a siida share is obliged to provide the information necessary for drawing up the plan.
Municipal, county and the county should be informed about the planning process and should be familiar with the main contents of the plan before it is approved. Municipal, county and the county and affected neighboring districts must receive the approved plan.
Chapter 8. Relationship to other uses
§ 63. Exploitation of property in reindeer grazing area landowner or usufructuary should not use their property in reindeer grazing area in such a way that it is in substantial harm or inconvenience to reindeer husbandry practice in accordance with this Act. The first sentence is not an obstacle for normal exploitation of property for agriculture, forestry or other exploitation of uncultivated land for agricultural purposes.
Before measures can be to significantly impair the ability of herders are implemented, must be notified to the relevant district government. Notification shall be given at least three weeks before planned implementation. If notice is not given, or the parties disagree whether the measure is affected by the provision in the first paragraph, the county governor may prohibit implementation until an agreement is entered into or the land consolidation court has heard the case.
Questions about measures come into conflict with the first paragraph may be determined in advance of the land consolidation court. Land Consolidation Court may also decide how and on what terms implementation. Requirements for land consolidation court may be submitted by the person who intends to set a measure implemented or the district board by conductor. Is District Board not created, you can claim submitted by a reindeer herder in the district that will be affected by the measure.
§ 64. Opptaing reindeer moss King may by regulation regulate occupy no reindeer moss in reindeer grazing and for clearly defined space completely prohibit opptaing reindeer moss if deemed necessary due to reindeer herding.
§ 65. Traffic in the area where reindeer graze Those who live in areas where reindeer graze, is obliged to respect and act with caution so that the deer do not unduly disturbed or frightened under grazing, moving etc. Particular attention should appear in connection with reindeer rutting, calving, labeling, separation and slaughter.
County governor may, at the request of the relevant district council or from the herders in the area, quiet conditions or impose temporary bans on major events, sports event, hound trial or similar activities that may be particularly damaging for reindeer herding. The decision must be for a specific designated area and can only be adopted after the landowner and the municipality is heard. Applies decision a specific arrangement shall also organizer sounds.
§ 66. Dogs About securing dog, admission of loose dog, killing the dog, reactions to dog holder etc. comes to dog law.
Dog's owner and possessor undertakes one for both and both for providing compensation for damage the dog causes the reindeer and expense and inconvenience caused to herders by the dog unjustly chasing or scaring reindeer under legal residence or relocation, without regard to fault.
Chapter 9. Liability for damage. Gorgeous
§ 67. Objectively and shared responsibility Except as otherwise provided in this Act, the owner of the reindeer responsible for damage reindeer causes without regard to fault.
For damage caused by reindeer to reindeer grazing, are all herders who practice reindeer husbandry in the district responsible one for all and all for one. Is such damage caused outside the reindeer grazing of reindeer that may be assumed to belong to herders who practice reindeer husbandry in the surrounding district, the herders who practice reindeer husbandry in the district in question likewise jointly and severally liable to the injured party. King may limit the area outside certain reindeer grazing where such joint and several liability should apply.
For damage caused by animals belonging to someone who according to § 8, ref. Uplands § 17, exerts reindeer outside reindeer grazing, are those who practice reindeer husbandry in areas where the tortious reindeer believed to belong, responsible one for all and all for one.
Claims for damage under the second paragraph may be directed at district board of that reindeer grazing v / manager or directly against the owner of the reindeer that caused the damage.
Replacement exacted reindeer grazing district by district board shall the district's annual meeting equalize the district's herders in terms of how many reindeer each herder has, however, so herders who can prove that their reindeer have not contributed to the damage, not be required to assess some part of the compensation. Assessed compensation amount is enforceable by execution.
If it is proven that there are reindeer from another district which has caused or contributed to the damage, can regress be raised against this district in accordance with the provisions of this section.
§ 68. Exceptions to the objective responsibility provisions of § 67 on liability regardless of fault does not apply to damage caused during legal migration, residence or grazing on flyttlei or grazing in mountain or uncultivated land as mentioned in § 19 if no case of damage that significantly exceeds what can be considered as a foreseeable consequence of a rational and prudent operation because, for example access to pasture reindeer etc. is used in such a way that a property owner or usufructuary has been separately charged on cattle pasture or forest.
The provisions of § 67 of liability regardless of fault does not apply to damage that reindeer under otherwise lawfully causes the truncated harvest unless the crop is protected by fence that protected against reindeer or in another appropriate manner.
§ 69. Fences support for reindeer owner driveplikt and protection from liability in a reindeer grazing may as well district board as the individual herder in the absence of an amicable agreement, the determination by the land consolidation court reindeer owner shall be entitled to bring up fence in support of its driveplikt and protection against liability. Land consolidation court shall resolve to where the fence should be placed and how it should be performed. Land Consolidation Court may also impose on the landowner to bear a fair share of the cost of construction of the fence and future maintenance compared to the benefit to the landowner for its part will have the measure.
Similarly, a landowner claim settled by the land consolidation court about any part of the costs of construction of fence mentioned in § 19 and § 68, second paragraph should be levied on herders.
§ 70. Damage caused by reindeer In the absence of agreement is confirmed in writing by herders or the district board by the manager, settled claims for compensation for damage caused by reindeer at the discretion by the land consolidation court or district court.
§ 70 a. The processing of claims Claims for discretion under § 70 should be submitted as soon as possible. The requirement judgment shall be given as far as possible accurate information about time and place of skadeordelsen and the type and scope and the claim size. It should as far as possible be given information which may be important to determine who owns the reindeer who has done the damage. Any witnesses should also be stated.
Court leader must immediately conduct an inspection after the claim for judgment is filed. With the inspection shall be representative of the municipality and husbandry agency to assist the presiding judge with professional judgment. If possible, also the leader of that reindeer grazing participate, besides the one that has required discretion. It is obvious that there have been no damage caused by deer, can the presiding judge reject the claim of judgment on his own initiative.
This discretion must be submitted as soon as possible. Applies the damage caused by reindeer believed to belong to reindeer grazing, the district board by manager always summoned to judgment.
Gorgeous manager may at any stage of the proceedings attempt mediation with a view to an amicable settlement.
This discretion shall assess whether the damage is caused by reindeer and is of such a nature that it can be claimed in case appraise the damage and determine the amount of compensation.
§ 70 b. Relationship with the Land Consolidation Act Cases soil probate process pursuant to this Act, shall follow the rules of the Land Consolidation Act § 5-7. In addition, the provisions of § 70 A for affairs soil probate process under § 70.
Chapter 10. Government agencies
§ 71. Reindeer Husbandry Board created a herding board of seven members with personal deputies where four members and their deputies are appointed by the King and three members with deputies appointed by the Sami Parliament. Reindeer Board is academic advisor for the Government reindeer management, 1 reindeer research and guidance service, and to treat those cases provided by this Act and by the King, further provisions. Reindeer Board scope may be limited to include reindeer within the Saami reindeer grazing area.
By appointing members of the reindeer Board shall be attached on an equitable geographical distribution, versatile professional qualifications and social experience, and most equal representation of both sexes. Among the members must be active practitioners of reindeer in the reindeer grazing area. Husbandry organizations submit proposals.
Further provisions for herding its duties, powers and rules of procedure laid down by the King.
§ 72. (Repealed by Act 14 June 2013 no. 45 (ikr. January 1, 2014 acc. Res. 14 June 2013 no. 646).)
§ 73. Mediation County Governor may on its own initiative or at the request of a head of siida share, from a siida or from a district decide to mediate between two parties that fail to cooperate in solution of a conflict.
County governor or Reindeer Board appoints a person who is believed to have the confidence of both parties as a mediator. The broker convene a meeting with reasonable notice, and both parties are obliged to meet.
Detailed rules on the implementation of arbitration stipulated by the Ministry.
Chapter 11. Sanctions and coercive measures
§ 74. Obligation to comply with the law Everyone is obligated to abide by the provisions laid down in or pursuant to this Act. The same applies to decisions made pursuant to these regulations. Violation may result in sanctions and enforcement action under the provisions of this Chapter.
§ 75. Imposition of cessation of illegal circumstances Drives business in violation of provisions made in or pursuant to this Act or decisions made pursuant to these provisions shall reindeer board or county, when the public interest so requires, give the necessary orders bringing the illegal contract, including directives on rectification and removal of illegal listed cabins and facilities etc. Such measures may need to be completed within a specified time limit. Reindeer Board may delegate its powers under this section to the Government reindriftsforvaltning.1
§ 76. Coercive fines In order pursuant to § 75 may reindeer board or county fix a running penalty payment for each day, week or month from the expiry of the deadline set for compliance with the order until the order is fulfilled. The King may issue further rules concerning the use and size of the fines.
Reindeer Husbandry Board and the County may fully or partially waive fines when there are strong reasons for it.
Fine imposed is enforceable by execution.
§ 77. Fee for breach of the usage rules Reindeer board or county may, in accordance with regulations set by the King, impose chairman of siida share a fee for breaches of usage rules issued pursuant to § 57. Such fee shall accrue to the fund concerned, cf. § 47.
Decision on fee is enforceable by execution.
§ 78. Fined Reindeer Board or the County may issue a writ against him that within a specified period fails to comply with an order pursuant to § 75. If it's been more than six months since the order was issued, to whom the writ is directed towards, given the opportunity to make a statement before the writ is issued. The writ shall provide information about the provisions of the second paragraph and shall as far as possible be served on it is aimed at.
Whoever writ is directed, may be brought against the state to have the writ tried. If legal proceedings are not brought within 60 days of the hearing, the writ has the same effect as an enforceable judgment and enforceable under the rules for the judge. The deadline may be extended by reindeer board or county. Writ can not be appealed.
If an order in enforceable judgment or equal fines not complied with, the reindeer board or county let the necessary measures for its bill that the writ or judgment is aimed at without it being necessary ruling by the Enforcement Act § 13-14.
§ 79. Coercive measures Reindeer Board or the County may, if an order pursuant to § 75 are not complied with, and other measures are not deemed to be appropriate, adopt a resolution on enforcement measures. Decisions on coercive measures can go out on
Being undertaken necessary work and control for the implementation of orders for collection, separation, labeling, expulsion and counting reindeer,
Killing of reindeer where expulsion has not been impractical
Reduction of the number of reindeer in a siida share,
Demolition of illegal scheduled huts, fences or plants.
Reindeer Board may delegate its authority to take decisions on enforcement action under the first paragraph. 1 and 2 the Government reindriftsforvaltning.1
Decisions pursuant to the first paragraph is enforceable by the Enforcement Act Section 13 decisions enforced by the Enforcement Act § 13-14. Reindeer Husbandry Board and the county may petition Enforcement. Decisions by the first paragraph. 1 can be implemented without it being necessary to bring the matter before the enforcement authorities.
Expenses for measures pursuant to this section shall be borne by herders and are enforceable by execution.
§ 80. Criminal liability contravention of this Act or the regulations, orders, bans or other provisions made or maintained pursuant to the Act, punishable by fines unless the offense is subject to some severe penal provision. Also negligent violation is punishable.
Chapter 12. Final provisions
§ 81. Regulations The Ministry may issue further regulations to implement this Act, including the counting of reindeer and control of reindeer population.
§ 82. Commencement This Act comes into force when the King bestemmer.1 the same time the Act of 9 June 1978 No.. 49 on reindeer husbandry.
King may issue transitional provisions, including determining the extent to which regulations issued pursuant to the former law shall be valid still, as long as they do not conflict with this Act.
§ 83. Amendments to other Acts From the time this Act comes into force, the following amendments to other Acts - - -
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