Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2005-06-17-85
The law on legal matters and management of basic and natural resources in Finnmark County, Norway (Finnmark Act).
Date LAW-2005-06-17-85 Ministry of Justice and emergency Ministry last edited law-2013-06-21-100 from 01.01.2016, law-2015-06-19-65 from 01.10.2015 Published in 2005 booklet 8 entry into force 01.07.2006, 25.11.2005, 14.03.2008 Change law-1965-03-12 Announced 17.06.2005 short title the Finnmark Act Chapter overview: Chapter 1. General provisions (sections 1-5) Chapter 2. Finnmarkseiendommen (§ § 6-20) Chapter 3. Renewable resources on the Finnmark Estate's reason (§ § 21-27) Chapter 4. Tana and Neiden (§ § 28-28 a) Chapter 5. Mapping and the recognition of existing rights (§ § 29-47) Chapter 6. Final provisions (sections 48-50) cf. the previous res. May 27, 1775, the laws June 22, 1863, 24 apr 1869, 3 aug 1897, May 22, 1902, 12 March 1965.
Chapter 1. General provisions § 1. The purpose of the Act's purpose is to pave the way for that reason and natural resources in Finnmark County is managed on a balanced and ecologically sustainable way for the benefit of the citizens of the County and in particular as the basis for Sami culture, reindeer husbandry, nature use, commercial practice and community life.
§ 2. The scope of the law apply to real estate and waterways with natural resources in Finnmark County, Norway. In the beach line is the law so far out into the sea as the private property ownership extends.
§ 3. Relationship to international law law applies with the limitations imposed by the ILO Convention Nr. 169 about indigenous and tribal peoples in independent States. The law to be applied in accordance with the Court's rules on the public indigenous peoples and minorities and provision of understandings with foreign States about the fishing in the border rivers.
In cases of changed use of uncultivated land to State, County and municipal authorities consider what impact the change will have on Sami culture, reindeer husbandry, nature use, commercial practice and community life. The Sámi Parliament guidelines should be added to reason by the assessment of Sami interests after the first period.
§ 5. The relationship to the Sámi have collectively made up rights and individually through the long-term use of the land and water accumulated rights to reason in Finnmark.
The law here does not make intervention in collective and individual rights that Sami and others have built up by or immemorial usage are upheld. This also applies to the reindeer herding rights practitioners have on such a basis or after the reindeer husbandry Act.
To determine the scope and nature of the rights that the Sami and others have on the basis of a claim or immemorial usage or on other grounds, created a Commission to study the rights to land and water in Finnmark, and a Tribunal to settle disputes about such rights, cf.. Chapter 5.
Chapter 2. Finnmarkseiendommen section 6. The Finnmark Estate's legal position the Finnmark Estate (Finnmárkkuopmodat) is a separate legal entity with a seat in Finnmark to manage land and natural resources, etc. as the owner in accordance with the purposes and policies of the law here by the way.
section 7. The Finnmark Estate's Finnmarkseiendommen Board is led by a Board of six people.
Finnmark County Council and the Saami Parliament choose three members with individual deputies each. The members and deputy members shall be resident in Finnmark. Among the members elected by the Sámi Parliament to be at least one Board member and his or her Deputy be representatives of reindeer herding. Both as members and as deputies to both bodies choose both women and men. Governing body to choose members and deputy members overall. Employees of Finnmarkseiendommen, the Finnmark Estate's auditor and the members and deputy members of the control cannot be selected as Board members or deputy members.
The Board members and Deputy Board members be appointed for up to four years at a time. No one can be a Board member of more than ten years in context.
Board members and alternates may be allocated by the body that has appointed him or her. The governing body shall, in that case again select the members and deputy members overall.
Board members and deputy members have the right to retire before service time is up if the particular reason exists. The Board and the body that has appointed him or her, shall be given reasonable notice. Fourth paragraph, second sentence applies.
The Board choose a leader and a deputy leader among the members. If no one achieves majority, sets out the County Council in Finnmark odd sore and the Sami Parliament in the few numbers of the six wounds who members to be the leader and deputy leader.
section 8. More on the choice of the selection condition Board members and deputies held that measures choice as mentioned in the municipality law § 37 if at least one member of the body requires it. If it is required by the relationship options to meet the requirement that it among the members and deputy members shall be both women and men, to candidates from the underrepresented gender stepping up on that list that has received the fewest votes of the lists to be represented. By a tie is decided by the drawing of lots on which list promotion to take place.
If by choice in the Sami Parliament relationship is necessary to fulfill the requirement that one of the Board members and his or her deputy shall be representatives of reindeer herding, to representatives of the reindeer herding stepping up on that list that has received the fewest votes of the lists to be represented and who have such candidates. If there is no such list, belongs to the last control the workplace representatives of reindeer herding on the list that have received the most votes of the lists that have such candidates. By a tie is decided by the drawing of lots which list shall be deemed to have been given the most or fewest votes.
§ 9. The Board's tasks and case management the management of Finnmarkseiendommen hear under the rule. The Board shall provide for the proper organization of the business. The Board shall in the required extent determine the plans, budget, policies and instructions for the business. The Board initiates the investigations as it deems necessary in order to perform their tasks. The Board shall take such surveys if a Board member requires it. The Chairperson shall ensure that the current cases are being processed on the Board and that there will be summoned to the Board meetings on the appropriate manner and with the appropriate period of time. A Board Member may request that the Board treat specific matters.
The Board shall manage the Affairs of the meeting unless the manager finds that the matter can be submitted to the Board in writing or be treated in some other reassuring way. A Board Member may require Meeting Manager.
The Board may take decisions when at least five members are present. Decisions shall be made by simple majority unless otherwise follows from § 10. By a tie is a Board Manager's vote crucial.
The Board of Directors emits annually a report to the control of the Finnmark Estate's business. In the account should it be given a special account of the changes in the use of uncultivated land and an assessment of the time, of their importance to the nature of the Foundation of the Sami culture, reindeer husbandry, nature use, commercial practice and community life.
The Board sets out even their remuneration. The allowance is covered by the Finnmarkseiendommen.
§ 10. Issues about the changed use of the outlying areas and the disposal of real estate and more. In cases of changed use of uncultivated land to Finnmarkseiendommen consider what impact the change will have on Sami culture, reindeer husbandry, nature use, commercial practice and community life. The Sámi Parliament guidelines under section 4 should be the assessment of Sami interests after the first period.
Decision on the changed the use of uncultivated land require endorsement from at least four Board members if all the minority justifies its stance in the consideration of Sami culture, reindeer husbandry, nature use, commercial practice and community life rated on basis of the Sámi Parliament guidelines. If the majority does not constitute more than four, an overall minority during the Board meeting require that the case be submitted for the Parliament. If the Parliament does not accept the majority decision or fails to process the case within a reasonable time, an overall majority in the Board of Directors require Finnmarkseiendommen publishes the case for King, which determines whether the decision should be approved. The approval of the decision has effect as a Board decision.
If a proposal for the changed use of the outlying areas that are either specific to Karasjok, Kautokeino, Nesseby, Porsanger, and Tana municipalities or applies only to the rest of Finnmark, the endorsement from three and only three Board members, three Board members together require that the case be treated a second time. By this treatment does not participate the last Board member selected by the Finnmark County Council if the matter comes to changed use of uncultivated land in Karasjok, Kautokeino, Nesseby, Porsanger, Tana or municipalities. Applies to the use of the case changed outlying areas in the rest of Finnmark, does not participate the last Board Member elected by the Sami Parliament that did not represent the reindeer herding. The case will be determined with simple majority. If it is decided the use of modified outlying areas with support from three and only three Board members and all the minority justifies its stance in the consideration of Sami culture, reindeer husbandry, nature use, commercial practice and community life rated on basis of the Sámi Parliament guidelines, a unified minority during the Board meeting require that the case be submitted for the Parliament. The second paragraph, third and fourth period applies.
Other and the third paragraph applies to empowerment of employees and others to hit the decision changed the use of uncultivated land.
The first to fourth paragraphs also applies to issues about disposal and bortleie of uncultivated land or rights in the outlying areas. The provisions of paragraph here does not apply to cases by Chapter 3.
Decision on the disposal of real estate that is hit with the endorsement from less than four members of the Board, must be approved by the Parliament and Finnmark County Council. The first sentence does not apply to disposal of property that is made by publicly sharing business and which is handed down to the buildings and facilities in the plans for the planning and building law, or were being divided plots that are undeveloped.
section 11. Issues that affect the employee's work situation and legal position Of and among the employees in the Finnmark Estate be selected a representative that meets in the Finnmark Estate's control by the treatment of matters affecting employees ' work situation or legal position. The representative of the staff speech and proposal right, but not the right to vote.
The representative of the staff do not have the right to participate in the treatment of matters concerning the employer's preparation for negotiations with the workers, labor disputes, litigation with employee organizations, or termination of collective agreements.
§ 12. Representation Board represents the Finnmarkseiendommen outwardly and draws its company.
The Board can provide one or more Board members or other named persons the right to draw the Finnmark Estate's company. The right to draw the company may at any time be revoked.
Have someone who represents the Finnmarkseiendommen externally after the provision here gone out of its authority, is the outline not binding for the Finnmark Estate when the Finnmark Estate will make that medkontrahenten understood or should have realized that the authority was exceeded and it would run counter to fairness to do outline the current.
section 13. Accounting, auditing and registration Finnmarkseiendommen to keep accounts in accordance with the rules of accounting.
The accounts shall be audited by registered or chartered accountant. The auditor shall for each fiscal year the audit to the Board cast account of Finnmarkseiendommen.
Finnmarkseiendommen in business enterprises.
section 14. Pledging and debt prosecution real estate that the Finnmark property owner and restricted rights as Finnmarkseiendommen have in real estate as a second owner, can not be set as security for debts or other obligations and may not be subject to creditor seizures. This does not apply properties and limited rights in the properties that are made by public sharing business and which is handed down to the buildings and facilities in the plans for the planning and building law, or were being divided plots that are undeveloped.
It can not be opened, bankruptcy or insolvency of Finnmarkseiendommen.
section 15. The distribution of profits if the Finnmarkseiendommen in bank deposits, cash and the like have assets less any debt exceeding the needed by the reserve to ensure progress, the Board of Directors can decide that the profit to be paid in whole or part to the Finnmark County Council, the Parliament or the public useful purposes that get the County's residents to good.
section 16. Control audit of the Board's business brought by a control Committee with three members. Finnmark County Council, the Parliament and the King shall appoint a member each with personal Deputy member. As a member and a Deputy member to each body appoint a man and a woman. Member and Deputy member appointed by the State to meet the requirements that the Court law to Supreme Court justices. The members and deputy members appointed for up to four years at a time. No one can be a member of more than ten years in context. The Member appointed by the State is the head of the Committee.
Control: a) check that the business of Finnmarkseiendommen is operated in accordance with the Finnmark Act and other legislation, b) choose one or more chartered accountants to audit the Finnmark Estate's accounting, c) approve the annual accounts the property of Finnmark, the annual report and the audit report, d) approve the Board's remuneration, e) approve borrowing and guarantee stillelser and f) approve the distribution of profit.
By controversy hit decisions by majority. For the decisions as mentioned in the second paragraph letter e and f required unanimity.
Control to have access to all the information available at the Finnmark property which it needs to carry out its tasks after the paragraph here.
Control emits annually a report to the Finnmark County Council, the Parliament and the Ministry. In the report to control account for its control business, give a review of the Board's annual report and the conditions that are dealt with there, as well as providing an assessment of how the law here does and whether it is desirable with changes to it.
Kontrollkomiteens expenses are covered by the Finnmark Estate. Remuneration of the members and deputy members are covered by the body that has appointed him or her.
§ 17. Penalty-and liability for the Board members, etc. Member of the Board, the company draws, accountant, leading employee who is granted the authority to take decisions on behalf of Finnmarkseiendommen within specific issues, or a member of the control that displays the operations in the performance of their foolishness tasks for Finnmarkseiendommen, punishable with fines or under aggravating circumstances with imprisonment for up to one year. Complicity is punishable.
Member of the Board who intentionally or negligently have inflicted Finnmarkseiendommen loss during the execution of the task, is obliged to replace the loss. Control determines whether damages should be promoted.
§ 18. The relationship with the management law and the freedom of information act For the Finnmarkseiendommen applies management law chapter II of ugildhet, section 11 of the guidance the obligation, section 11 a of the processing time and preliminary responses and § § 13 to 13 f about the confidentiality accordingly. Finnmarkseiendommen to give copyright holders in an area and access to the advance notification to make a statement after the rules of the administrative law section 16 before Finnmarkseiendommen hitting decisions that may have legal or actual consequences for them. The Finnmark Estate's legal documents are public under the rules of offentleglova. By the refusal of requests for access can question whether it is access to exempt the document from public access, be appealed to the County Governor of Finnmark.
§ 19. National parks on the Finnmark Estate's reason due to which the Finnmark property owner, can be laid out as a national park under the rules of nature diversity Act Chapter V. by the design of the usage rules to the emphasis on that traditional use may be continued. Finnmarkseiendommen and bruksrettshavere that are affected can claim compensation for economic loss under the rules of nature diversity Act 50.
section 20. Relationship to future legislation Finnmarkseiendommen do not have protection against that its legal position or rights be changed, curtailed or revoked by law.
Chapter 3. Renewable resources on the Finnmark Estate's because § 21. The main principles of the management Finnmarkseiendommen should manage the renewable resources on its due in accordance with the purposes and within the framework that follows from the wild law, salmon and freshwater fish Act and other legislation. Nature's diversity and productivity to be preserved.
The rules of the chapter here does not apply to the extent that other follows of a particular law.
§ 22. Rights of persons residing in the municipality in accordance with the rules of the chapter here and within the framework imposed by other legislation, have those who are resident in a municipality in Finnmark County, on the Finnmark Estate's reason in the municipality the right to: a) fishing for freshwater fish with nets, b) fishing for salmonids anadrome with fixed gear in the sea, c) gathering of eggs and dun , d) logging of the deciduous forests to the fuels for household use, e) stinging of peat to fuel and other household and f) withdrawal of deciduous forests to use as fence posts and hesjestaur in the reindeer husbandry and agricultural industry.
The reindeer herding practitioners have the same right as persons residing in the municipality in the time herding going on there.
§ 23. Rights for people resident in Finnmark in accordance with the rules of the chapter here and within the framework imposed by other legislation, have those who are resident in Finnmark County, on the Finnmark Estate's basic right to: a) hunt for big game, b) hunting and trapping of small game, c) fishing in inland waters with a rod and seines, d) picking cloudberry and e) withdrawal of the wood to handicrafts.
To the agricultural property is right for grazing for large livestock that can vinterføs on the property.
section 24. Particular the right to local exploitation individuals or groups of people who have connections to a village and have their livelihoods entirely or in part related to the utilization of renewable resources in the vicinity of the village, by the municipality for up to 10 years at a time be awarded the special right to exploit renewable resources as mentioned in sections 22 and 23 of the specified areas in the municipality. In determining the site and they will be taken closer to the criteria based on the use people with connections to the village traditionally have made of the site. The site should preferably be a continuous range in the vicinity of the village.
Finnmarkseiendommen can provide general provisions about the municipalities ' treatment and review of cases by the paragraph here. Finnmarkseiendommen is complaint body for decisions taken by the municipality. For the Council's and the Finnmark Estate's case management case management law.
Paragraph here does not apply to hunting of big game and small game, fish in inland waters with a rod and seines and fishing for salmon in the sea anadrome fish with fixed gear.
§ 25. Access for others in accordance with the rules of the chapter here and within the framework imposed by other legislation, has anybody on the Finnmark Estate's because access to the hunting and trapping of small game and fishing in inland waters with a rod and seines as well as picking of cloudberry for your own household.
Finnmarkseiendommen can give other than those who are resident in the municipality or the County, additional access to exploit renewable resources as mentioned in sections 22 and 23.
§ 26. Local management of the hunting and fishing Finnmarkseiendommen can for up to 10 years at a time to allocate local organizations and associations whose purpose is to promote the public hunting, trapping and fishing, specifically the right to manage the exercise of hunting, trapping and fishing in the specified areas of Finnmark Estate's reason.
§ 27. Further conditions for the exploitation of renewable resources and interferences in the exploitation Finnmarkseiendommen can fix closer to the provisions for the utilization of renewable resources as mentioned in section 22 letter a to f and section 23 letter a to e. Finnmarkseiendommen can fix that exploitation requires permission. It can be set criteria in the permissions.
For hunting, trapping and fishing are allowed always necessary. The one who gets permission, should receive a card or similar which shows that he or she has permission. With the consent of the Ministry may Finnmarkseiendommen fix exceptions from the provisions of the link here.
For permission for hunting, trapping and fishing can Find marks the property claim fee. Tax for persons resident in Finnmark shall not exceed twice the amount of the fee for persons residing in the municipality. It may not be requested fee by the award of special dishes under section 24.
Fishing for salmonids anadrome with fixed gear in the sea can only take place after the expulsion of the fishing ground of Finnmarkseiendommen.
Finnmarkseiendommen can for specified areas access to fix interferences in to exploit renewable resources as mentioned in the first paragraph if the consideration of the resource requires. Municipalities, authorities for the game and fish etc. and organizations for users that are affected, should be heard in advance.
By interferences in the utilization of renewable resources as mentioned in the first paragraph shall be taken into account the various affordable to the user groups ' use of the resource.
The Finnmark Estate's decisions about restrictions as mentioned in the fifth and sixth paragraph may be appealed to the Ministry after the rules of administrative law chapter VI. The Ministry's decision may not be appealed.
Chapter 4. Tana and Neiden section 28. The fishery in Neidenvassdraget in Neidenvassdraget the local people have different rights to fishing on the basis of immemorial usage and local custom.
The King may by regulations provide further rules on the management and conduct of the fishery. Regulation should facilitate a local, rights-based management of fishery resources in accordance with the understandings with Finland about the fishery in Neidenvassdraget.
The preparation of regulations and negotiations with Finland about the fishery in Neidenvassdraget shall be made in consultation with the Sami Parliament, affected communities and those who have special rights to the fishery in the river.
section 28 a. fishery in Tanavassdraget For fishing rights in the Tanavassdraget comes to Tanaloven.
Chapter 5. Mapping and the recognition of existing rights in the Finnmark Commission section 29. The Finnmark Commission a Commission is created (the Finnmark Commission) that on the basis of the current national law to clarify usage and ownership rights to the reason that Finnmarkseiendommen takes over under section 49. The Commission shall also study the requirements of collective or individual rights to fishing grounds in the sea and fjord areas in Finnmark if someone with legal interest in a clarification requires it. The King shall appoint the Finnmark Commission's members. The Finnmark Commission shall consist of a Chairman and four other members. The leader should meet the requirements the Court law to Supreme Court justices. Two of the remaining members to meet the requirements of district judges. At least two members shall be resident in or otherwise have strong connection to Finnmark County, Norway.
section 30. Refinement of the assessment field and the Finnmark Commission determines the field for investigation work and determines the order in the treatment. By the decision to it. emphasis is placed on the consideration of a natural and appropriate delineation of the field when it comes to the extent to which and the legal and historical context as well as on the need for clarification of the legal conditions.
The Finnmark Commission can narrow down or extend a field after paper is set in motion if it is necessary to create a natural and appropriate refinement.
The Finnmark Commission may fail to study the rights which is obviously not suitable for study by the Commission. By the decision to it. emphasis is on rettighetens art and what basis it's based.
section 31. Notification of possible copyright holders consideration for a field to be announced with the call for potential licensees to sign up. The announcement is made in the Norwegian Gazette, in a newspaper that is generally read on site and locally in any other appropriate way.
The reindeer herding organizations and other representatives of user interests in the relevant field as well as the Sami Parliament, Finnmark County Council, the Finnmark Estate and the affected municipalities will be notified separately.
section 32. The responsibility for the enlightenment the Finnmark Commission has responsibility for the matter is adequately lit. The Commission may in the way that it finds appropriate, obtain explanations, documents and other material as well as make surveys and studies, and more about the actual and legal conditions that can be of importance to the Commission's conclusions.
The parties have the right to account for the actual conditions and lead evidence which is of importance for the Commission's conclusions. The parties may covet taken measures after the first paragraph. The Finnmark Commission may refuse the petition if it is undue, or it will result in unreasonable delays or costs to comply with it.
In order to protect the parties ' interests may Find marks the Commission appoint representatives of various interest groups that can follow the Commission's work. The expenses covered by the State.
section 33. The Finnmark Commission report after the Commission has explored a field to the make a report that will contain information about: a) who in the Commission's opinion are the owners of the reason b) which usage rights that in the Commission's opinion exist c) the conditions the Commission build their conclusions on it should be disclosed in the report about the conclusions are unanimous. If it is not the case, it should be stated who disagree, and what points the disagreement applies. Both the majority and mindretallets conclusions should be justified.
After the report is submitted to the immediately announced in the manner described in section 31. By announcing after section 31 the first paragraph, it is sufficient that the announcement contains a brief summary of the conclusions, as well as information on how interested parties can familiarize themselves with the report in its entirety. In the announcement to be informed the deadline to bring disputes in nature the Court.
section 34. The treatment in the Finnmarkseiendommen Finnmarkseiendommen shall without undue delay take a position to the Commission's conclusions. For the decision that is to accept the conclusions from the Commission that others have rights, apply to § 10 sixth paragraph accordingly.
To the extent Finnmarkseiendommen agree with the Commission that others have rights, duties, Finnmarkseiendommen to give written expression of it, and without undue delay make sure that the right is registered transfer or in the case bring to Earth the bankruptcy court pursuant to section 45.
section 35. Bargaining parties who do not agree to the Commission's conclusions, or that need assistance to get the conclusions laid down in binding agreement, can ask the Finnmark Commission to mediate. The Commission's duty to mediate fall away when the deadline to bring the dispute before the Court the outfields has expired.
II the Outfields Court for Finnmark § 36. Countryside Court for Finnmark creates a Tribunal (the outfields Court for Finnmark) to manage disputes about rights that occurs after the Finnmark Commission has explored a field.
The King appoints the outfields Court's members. Nature the Court shall consist of a Chairman, a Deputy, three permanent members and two deputy members. The leader, Deputy leader and one of the remaining members to meet the requirements the Court law to Supreme Court justices. The same applies to one of the Deputy members, who are Deputy Board Member for these three.
Things that belong under the nature the Court, may not be brought before the ordinary courts or soil the bankruptcy court, with smaller outfields Court has rejected the case under section 39, or cause of action the time limit under section 38 the first paragraph has expired, and the nature nor shall the Court take the case to the processing under section 38 the second paragraph.
section 37. Maturity has some of the permanent members the due date, it shall be convened by the Deputy members to do service instead of the permanent member that has maturity. Have the leader maturity, making second Manager Service Manager.
Get some of nature's members due after the treatment of a case is begun, the treatment can continue without summons do of Deputy member as long as the four members are with during treatment. By a tie vote is the leader's.
section 38. Subpoena Disputes can be brought before the Court the outfields by written writ no later than one year and six months after the Finnmark Commission report was given. The writ shall be signed and shall include: a) the party's full name and address b) a specification of the requirements of the travel, and the circumstances they are supported on c) that claim the party down add d) the opposing party the claim directed to even if the deadline for the first paragraph has expired, the Court should treat the outfields still matters that come in before all the things from the same field is completed , if it finds that the case is suitable for such treatment and it can be processed without significant delay for the court case the liquidation. Decisions after the link here may not be attacked.
§ 39. Rejection cases that are not suitable for processing in the nature the Court, the Court may by order dismiss the whole or for a part. it should in deciding. taking into account the nature of the art and what grounds it is based on.
Before a case is rejected, the plaintiff shall be given the opportunity to make a statement. The case can be dismissed without the parties summoned to the hearing. Rejection after the paragraph here may not be attacked.
section 40. Association of cases, splitting and more. Nature the Court may: a) unite more things in common usage and in the case of joint decision b) share your negotiation and pådømmelsen of one or more requirements that are United in a cause, or independent dispute points concerning the same claim c) determine the order of processing of the cases that are brought in By decisions after the first paragraph to it. emphasis is placed on the consideration of a natural and appropriate delineation of the dispute areas in terms of extent, legal and historical context as well as on the need for clarification of the legal conditions.
Before decisions under subsection meet the Parties shall be given the opportunity to respond, unless this is unnecessary or would entail disproportionate costs or delay.
Decisions after the paragraph here may not be attacked.
§ 41. The responsibility for the enlightenment and it is incumbent on the parties to account for the actual conditions and the evidence which is of importance for the decision. Nature the Court shall on its own initiative obtain the Finnmark Commission's report and take this in its treatment of the case. The parties may in addition put forward as evidence documents that's come in to, put forward for or made out of the Finnmark Commission.
Nature the Court can't take testimony from the Finnmark Commission members or from people who conducted the work of the Commission in connection with the case.
The Court meets to the questioning of the parties and witnesses outside the main negotiation can be held by two of nature's members, of which at least one must have the qualifications required for Supreme Court justices. Nature the Court may covet that the competent District Court make questioning.
§ 42. Appeal the Court's decisions can Nature påankes to the Supreme Court when appeal is not precluded by law here.
section 43. Expense of the case the State covers the expenses of nature's own business. The State also covers the necessary expenses for the parties in cases of claims for rights that Finnmarkseiendommen has the opposite.
By the decision of the question of the expenses necessary to the Court, the outfields. have to the eye that parties with similar interests who is not in contention, should benefit the same legal and technical assistance. The Court should as early as possible on its own initiative take up the question where it is applicable.
When special reasons warrant, the Court can impose a countryside party partially or even to carry their costs with the case. A party may also be required to replace the per case cost so far these are pådradd at the party's negligence or wrongful behavior. The same applies when a party has drawn the case in drawing things out or made the undue very verbose.
For the processing of cases for the Court not the outfields paid fee. For appeal of the Court's law applies to the outfields decisions 17. December 1982 No. 86 on court fees section 8.
III common rules § 44. Sami language about the use of the Sámi language applies a Sámi Law Chapter 3. A Sámi law § 3-4 the first paragraph also applies to the Finnmark Commission.
§ 45. Limit selection etc. and probate judge from the Court Enforceable nature as well as the declarations and agreements which are the responsibility, or entered into in accordance with the Commission's conclusions, the Finnmark can be brought in for the Earth the bankruptcy court that is conducting limit marking in the terrain, coordinate partying and mapping of the limits in accordance with the sentence, statement or agreement. Processing rules in the jordskiftelova comes to so far they fit. Soil bankruptcy court be set without soil change with the judges. It should not be paid the fee after jordskiftelova § § 7-2 to 7-4. The Parties shall also not pay for the costs of border marking, coordinate partying and mapping of the limits. For probate case jordskiftelova section 6-31.
For rights that are determined in a legally enforceable judgement from the Court in the countryside or a statement or appointment in accordance with the Commission's conclusions of Finnmark, is the public law restrictions in the access to the staple or assign such rights do not preclude that the thing lit. The fee is not paid or stamp duty by registration.
section 46. Relationship to other legislation the Court Law Chapter 6 of ugildhet and offentleglova is true as far as they are appropriate for the Finnmark Commission's business. By the refusal of requests for access can question whether it is access to exempt the document from public access, be appealed to the County Governor of Finnmark. Administrative law does not apply to the Finnmark Commission's business.
Court law and the civil law applies as far as they are appropriate for the nature's business, if not otherwise determined in the law here.
§ 47. The authority to give closer to rules the King can give further rules on the Finnmark Commission and countryside Court for Finnmark, including about organizing, and economic conditions, etc.
Chapter 6. Final provisions § 48. Entry into force the law applies as of the time the King decides. The King can put into effect the individual provisions to different time.
section 49. The transitional rules by the entry into force of Chapter 2 takes over the Finnmarkseiendommen the fixed properties in Finnmark County which Statskog SF has a base box title to or ownership without having the basic box legal authority. The same applies restricted rights in real estate. Re-registration in the basic book by name change. The transfer takes place with continuity and not the tax triggers the tax liability of Statskog SF after tax law § 5-2.
Finnmarkseiendommen takes over the personal responsibility from Statskog SF for mortgage liens and other encumbrances for monetary obligations in the properties or rights as the Finnmarkseiendommen takes over. The Finnmark takes over the responsibility for the property also deals on the usage rights, rent, etc., the dishes to the properties and rights acquired. Finnmarkseiendommen takes over the concessions and licenses etc. Statskog SF in which have relation to the properties and rights acquired.
After the deal with Statskog SF Finnmarkseiendommen have the right to take over agreements that have entered into Statskog SF regarding business in Finnmark.
The who by entry into force of Chapter 2 is an employee of Statskog SF with the working place in Finnmark County, except for the employees who are attached to the Statskog SFs mountain service, considered as an employee in the find marks the property from the effective time with the same pay and working conditions that he or she had at Statskog SF, unless the employee has communicated that the person does not want it. the effective time From employees of Statskog SF with the working place in Finnmark County no longer employed in Statskog SF unless it is specifically agreed.
The Ministry convenes the first Board meeting in Finnmarkseiendommen. The Board shall ensure that the Finnmark property will be registered within six months after the entry into force.
The who by entry into force of Chapter 2 is an employee of Statskog SF with the working place in Finnmark and associated with the mountain, Statskog SF's service is considered from the effective time as an employee of the State's nature of supervision. By the way comes to fourth paragraph accordingly.
The King may decide that other assets related to the business in Norway than real estate should be transferred from Statskog SF to the Finnmarkseiendommen and the State's natural supervision. The King can also stipulate that agreements as mentioned in the third paragraph to be taken over by the State's natural supervision.
By the way can the King give the closer the transition rules.
§ 50. Changes to other legislation from the time the King determines the following changes are made in other legislation:-
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