birding-aus

Trespassing

To: Bill Stent <>
Subject: Trespassing
From: Dave Torr <>
Date: Sat, 21 Aug 2010 11:46:23 +1000
Wikipedia - which is never wrong :-) - states:

*Allemansrätten* gives a person the right to access, walk, cycle, ride, ski,
and camp on any land—with the exception of private gardens, the immediate
vicinity of a dwelling house and land under cultivation. Restrictions apply
for nature reserves <http://en.wikipedia.org/wiki/Nature_reserve> and other
protected areas. It also gives the right to pick wild flowers, mushrooms and
berries (provided one knows they are not legally protected), but not to hunt
in any way. Swimming in any lake and putting an unpowered boat on any water
is permitted unless explicitly forbidden. Visiting beaches and walking by a
shoreline is permitted, providing it is not a part of a garden or within the
immediate vicinity of a residence (legally defined as the *hemfridszon*).
According to legal practice this is between 100 to 300 metres from a
dwelling house.[9]<http://en.wikipedia.org/wiki/Freedom_to_roam#cite_note-8>To
better protect access to water and the right to walk along beaches, it
is
since 1975 generally not permitted to build a new house near (generally 100
m) from a beach and/or
shoreline.[<http://en.wikipedia.org/wiki/Freedom_to_roam#cite_note-9>

So you can do rather more than transit.

I guess it is no use bemoaning the fact that other countries have more
freedom in this respect than we have - other places have less. Each country
is different and unlikely to change unless there are powerful lobbies at
work - and regrettably birders are not such a lobby!

On 21 August 2010 09:32, Bill Stent <> wrote:

> A few observations about this, Tom.
>
> First, it's my understanding that Scandinavia was settled more or less
> simultaneously by Germanic people moving from the south and what the Swedes
> call "Lapps" (this is a term considered vulgar in Norway - they are called
> Samisk people there) from the north.  The point is that there was no
> previous population who were displaced in the settlement process, and so no
> "traditional owners".  In Australia, the indigenous population had been
> around for something in the order of 40,000 years prior to white invasion.
>
> Second, (and once again, my understanding is limited here) Allemannsretten
> is meant to allow transit of land rather than activity on that land,
> specifically for right of access to other land.  Transit through Aboriginal
> land on roads such as the Mereenie Loop has not been an issue here, but
> rather the activity of birdwatching (and probably other activities including
> camping) on the land.
>
> Bill
>
> --------------------------------------------------
> From: "Tom Sjolund" <>
> Sent: Friday, August 20, 2010 6:02 PM
> To: <>
> Subject: [Birding-Aus] Trespassing
>
>  Hi,
>>
>> I originally come from Sweden were they have a Law call "allemansrätten",
>> (lit. "everyman's right") Please read more at
>> http://en.wikipedia.org/wiki/Freedom_to_roam
>>
>> Would it not be great to have such a Law in place in Australia?
>>
>> Then maybe we all could see the Parrot?
>>
>> Maybe us "birders" should push for a Right to roam law?
>>
>>
>>
>>
>>
>> Cheers,
>>
>>
>>
>> Tom Sjolund
>>
>> Video Surveillance Consultant
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