ReindeerHusbandryAct_71 - Rights and Resources Initiative

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Reindeer herding is Right
§ 1 A person who is of Sami origin (Sami) may, subject to the provisions of this
Act to use land and water for maintenance for themselves and their reindeer.
The right under paragraph (reindeer herding right) is for the Sami population
and based on immemorial custom.
Reindeer herding rights may be exercised by the member of the village. Lag
(1993:36).
§ 2 has been repealed through Act (1993:36).
The reindeer herding area m. m.
3 § husbandry must be conducted in the following areas (reindeer)
1st throughout the year (year-round areas)
in Norrbotten and Västerbotten County Lappmarks well above the cultivation
and partly below the limit of land where forest reindeer of age conducted in the
spring, summer or fall and land either belongs to or at the end of June 1992
belonged to the state (Crown land) or are grazing land,
of reindeer grazing mountains of Jämtland,
in the areas in Jämtland and Dalarna as at end-June 1992 belonged to the state
and was particularly upplåtna to grazing,
2nd October 1 - April 30 (winter pastures)
in other parts of Lapland below the cultivation,
in such areas outside the Lapland reindeer and mountains where the reindeer of
age are conducted at certain times of the year.
With grazing land means land that the delimitation declared as grazing land or
the age used by such country. With reindeer grazing mountains, of course, the
delimitation of the Sami reindeer Assigned mountains and the areas which later
granted the extension of these mountains. Act (1996:949).
4 § Betestid under § 3 first paragraph 2, by the provincial government extended,
if necessary due to unfavorable weather and grazing conditions or other special
reason. Lag (1990:1490).
§ 5 If the right to a special state drive reindeer throughout the year in some areas
below the patch of land border are provisions in the 85-89 § §.
§ 6 The reindeer are Sami villages.
Mark mentioned in § 3 first paragraph a divided among Sami villages in special
municipal boundaries. Byområde may include land set out in § 3 first paragraph
2.
If there are special circumstances, may be part of byområde be common to
Sami villages.
7 § Division within municipal boundaries are made by the Sami Parliament.
Classification shall be designed so that areas become suitable for its purpose
with regard to access to grazing and other circumstances.
The Sami villages that may be affected by a decision on change of classification
should be given the opportunity to comment on the proposed subdivision. The
same applies to property owners who may be affected by the decision.
Before Sami Parliament decides to change the classification to be meeting be
held with the Sami villages. Affected property owners are entitled to attend the
meeting. Meeting is not required if
1st the affected villages agrees to the amendment, and
2nd meeting is not requested by interested property owners. Act (2006:802).
§ 8 The Sami village grazing area course byområdet and other areas sameby
exercises for herding.
Sami village
Purpose and members m. m.
9 § Sami has the objective to under this Act for the members' common good
arrange reindeer in the village grazing area.
It is incumbent village in particular to respond to reindeer drives the best
economical way and to carry out, maintain and operate facilities needed for the
reindeer.
Sami village can not drive other economic activities than reindeer herding.
§ 10 village may acquire rights and assume obligations on registration under §
39.
Sami village representing members on issues related to reindeer herding
rights, or their common interests within the reindeer industry in general.
11 § Member of the village is
1st Sami involved in reindeer husbandry in the village grazing area;
2nd Sami who have participated in herding the village grazing area and had this
as a permanent occupation and has not migrated to other main professional
activity;
3rd the person's spouse or dependent child of a member referred to in 1 or 2 or
who are surviving spouse or minor child of deceased such member. Lag
(1993:36).
§ 12 A village may adopt another member Sami than those specified in § 11, if he
intends to run their own reindeer herding in the village grazing area.
If the applicant is refused admission as a member, the Sami Parliament grant
the applicant admission if there are special reasons. Act (2006:802).
13 § The reindeer-herding Sami of course a member of the member himself or
through his household drives reindeer with their reindeer in the village grazing
area.
Reindeer belonging to reindeer member household is considered in this Act
belong to the reindeer member.
14 § A reindeer member's estate may be for three years from death to continue
the reindeer that has been conducted by the member. Is an estate owner for 18
years, the time is counted from the estate of the partner's 18th birthday. The
requirement in § 1, third subparagraph a member of the village is not the right to
reindeer herding is meant here. Act (2006:802).
Reindeer herding law practice
15 § sameby get for their common need to use the village grazing area for reindeer grazing.
The County Board determines the maximum number of reindeer that can be kept at pasture in the
village grazing area. Shall have regard to other interests.
If necessary to preserve reindeer grazing or otherwise promote reindeer husbandry, the County Board
order a reduction in grazing right.
About the Sami village in breach of a decision under the second or third paragraph, the County
Administrative Board of the default fine, the village to comply with it. Has the Sami village under § 35
first paragraph decided how many reindeer one member may hold a maximum, may be an order to
reduce the number of reindeer is also directed against a member who does not follow the Sami village
decisions. Lag (1993:36).
§ 16 village may, within the village grazing area to perform work or other pasture fence for the
reindeer, renslakteri or other facility required for reindeer herding.
Sami village or a member of the village get the outfield in the village grazing area behave
renvaktarstuga, horny, förvaringsbod or other small building that is needed for the reindeer.
Is the facility set out in the first paragraph intended for permanent use, it shall be at the location
specified by the landowner. The same applies to the building referred to in the second paragraph, if it is
built for permanent use below the cultivation or outside the reindeer grazing mountains on land that is
neither such Crown land that is or at the end of June 1992 was under the State immediate disposal or
land at the erosion has laid the common forest.
Do village or, if building be erected by a member of the village, this man accept the designated place,
determines the county board seat. Act (1992:785).
17 § If necessary timber for a plant or a building referred to in § 16 first or second paragraph, the forest
is harvested on the parts of the grazing area as part of Lapland, reindeer grazing mountains or the areas
in Jämtland and Dalarna as at end-June 1992 belonged to the state and was particularly upplåtna to
reindeer grazing. Within the same parts of the pasture area, members of the Sami village for their own
needs to take fuel and wood crafts.
The county administrative boards in the Västerbotten and Norrbotten county may authorize a county
resident Sami who are not members of any village in the county permission to take wood crafts for
their own use on land in Lapland belonging to or at the end of June 1992 belonged to the state.
Jämtland county may issue one in this county or in Dalarna County resident Sami who are not
members of any village such a state of reindeer grazing mountains and in areas in Jämtland and
Dalarna County, which at the end of June 1992 belonged to the state and was particularly upplåtna to
reindeer grazing . May be granted only Sami who in a not inconsiderable extent engaged in handicrafts.
The permit may be revoked when the conditions for authorization no longer exist.
Growing conifers may be harvested only after instructions from the landowner or operator, if he does
not allow anything else.
On such land outside Lapland and grazing the mountains that belongs to a Sami village grazing area
may be village or members of the village for the purpose specified in the first paragraph take only dry
trees, fallen trees, forest residues, pine and spruce bull or, for temporary needs, deciduous trees that
grow on outfield. Act (1996:949).
18 § Member of the village is entitled, in the village grazing area on Crown land that is or at the end of
June 1992 was under the State immediate disposal or land in erosion outsourced to common forest take
timber for the construction or conversion of family housing. Harvesting may take place only after
instruction by the landowners. Act (1992:785).
19 § Member of the village who are temporarily staying in another village grazing area for reindeer
herding or other purposes related to reindeer management get there take the fuel for their own needs.
20 § If it is absolutely necessary to obtain fodder for the reindeer, the Sami village trap lavbevuxna
trees, mainly arid or oväxtliga tree in the village grazing area. Such removal shall, insofar as possible
after the designation of the land owner or operator.
§ 21 The forest that is harvested on Crown land that is or at the end of June 1992 was under the State
immediate disposal or land in erosion outsourced to common forest need not be given compensation.
The same applies to growing trees that otherwise is taken in Lapland, the reindeer grazing mountains
and in areas in Jämtland and Dalarna County, which at the end of June 1992 belonged to the state and
was particularly upplåtna to reindeer grazing.
In cases other than those referred to in the first paragraph, the remuneration paid for rotvärdet of
growing trees that will be taken. If an agreement is not reached on compensation, appointed by the
County Board at the request of any party to seek to reconcile the parties. Act (1996:949).
22 § The Government or the authority appointed by the Government may for some time prohibit
logging under 17 or § 18 of the growing pine, spruce and birch, if necessary to preserve the forest or
forest regrowth.
23 § village has the right to move the village's reindeer between different parts of the village grazing
area.
§ 24 Transfer Road route determined by the county, if requested by the village or on the route
otherwise arise.
Is there specific reasons for the change of fixed or otherwise existing migration route and the change
may be effected without significant inconvenience to the reindeer, the County Board order a
modification of the road's route. Lag (1990:1490).
25 § A member of the village may hunt and fish in the outfield in the parts of the village grazing area
belonging to reindeer grazing mountains or Lapland, where reindeer herding is permitted there.
It is said in the first paragraph also applies when a member of the village temporarily residing in
another Sami village grazing area for reindeer or other purposes related to reindeer management. In
such cases, the member hunt and fish only for subsistence.
Stays bears, wolves, wolverines and lynx is demonstrably in the neighborhood, the hunt for such
animals conducted on such land as set out in the first paragraph in a different Sami village grazing area,
where the government or authority by the Government allows it.
In the areas in Jämtland and Dalarna County, which at the end of June 1992 belonged to the state and
was particularly upplåtna to reindeer, a member of the village within the village grazing area to fish for
subsistence and hunting predators, to the extent that government or authority by the Government
allows it. Act (2006:802).
Reindeer husbandry rights shall expire, in some cases, etc.
26 § The Government may order a suspension of the reindeer herding right for a
particular land area, when the area needed for the purposes of Chapter 2.
Expropriation Act (1972:719).
Suspension may be limited to certain time or some of the reindeer herding
right input powers. Lag (1993:36).
§ 27 announced an order under § 26, the Government may prescribe measures
to prevent injury or harm to reindeer herding.
§ 28 Co-suspension of the reindeer herding right harm or inconvenience to the
reindeer, or for such right to hunt or fish referred to in § 25, compensation is
paid therefore.
Compensation for damage or inconvenience that do not affect specific person
to fall to half the village affected by the suspension and half Sami Fund, unless
special circumstances exist.
29 § In case of cancellation of reindeer herding rights and compensation on
account thereof, in addition to the provisions of § § 26-28, mutatis mutandis the
provisions of the Expropriation Act (1972:719) concerning the expropriation of
a special right to the property.
In the case of an order revoking the reindeer herding right that the
government has announced before 1 August 2010, the reference to the
Expropriation Act in the first paragraph refers to the law in force at the end of
July 2010. Act (2010:817).
30 § Anyone who in the year-round areas owns or uses land where reindeer are
not in the use of the land act that causes considerable inconvenience to the
reindeer in man other than imposed by an order under § 26.
The first paragraph does not prevent the land used in accordance with a
detailed plan or for companies whose admissibility must be examined in a
certain manner. Lag (1993:36). Yns grazing area to fish for subsistence hunting
and predators, to the extent that government or authority by the Government
allows it. Act (2006:802).
Transfer of land and water m. m.
§ 31 village or a member of the village may not grant rights that are part of the
reindeer herding right.
Sami village may be to him who has been a member of the village grant the
right, without charge to their subsistence hunt or fish in the village area under §
25.
32 § In such a crown land above the cultivation under the state immediate
disposition and the reindeer grazing mountains, access rights may be granted
only if the transferee can be done without considerable inconvenience to the
reindeer.
Of granting the right to hunt or fish, also requires that the grant is consistent
with good wildlife or fisheries conservation and can be done without disturbing
intrusion into the right to hunt or fish under § 25. Grant of the fishing in certain
waters may take place only if the Sami village permits. Act (2000:595).
33 § Ask about lease under § 32 considered by the Government or the authority
appointed by the Government.
§ 34 Transfer under § 32, not relating to utilization of natural resources and
deforestation, should be done for a fee, unless there are special reasons for fee
waivers. Fee is allocated among the Sami Foundation and village affected by the
grant in accordance with rules issued by the Government.
Refers to the grant utilization of natural resources, the State shall pay
compensation for the damage or harm to reindeer herding as the grant entails. In
terms of distribution of compensation is not paid to the particular person owns
28 § second paragraph apply correspondingly.
general Provisions
35 § If necessary, in view of what determined the highest pure speech under § 15
second paragraph, or as needed to promote reindeer husbandry, Sami village can
decide how many reindeer member maximum may hold or order any other
conditions for possession.
Sami village can exclude specific area of members' USE for hunting or fishing, if
necessary, for the sake of hunting or fishing care or for other special reasons.
Decision under the first or second paragraph may not be given any additional
content that reindeer member's continued operation is made impossible or
significantly more difficult. Lag (1993:36).
36 § If the village provides, may, within the village grazing area be kept clean of
any party other than reindeer member of the village (skötesrenar). Ask if such
consent be decided after consultation with the provincial government.
The management of skötesrenar managed by Sami village. Lag (1990:1490).
37 § village only if the Member permits to slaughter their reindeer or sell the
meat derived products.
Renmärkning are conducted by the Sami village, unless the village decides
otherwise. Reindeer owners, however, following notification to the village board
self mark their reindeer.
statutes
§ 38 village shall adopt bylaws for the village.
The statute shall define
1st Sami village name;
2nd the locality of the village grazing area, where the village board shall have its
seat,
3rd number of directors and auditors, the time of their mission and, if alternates
exist, corresponding data concerning them;
4th Sami village's fiscal year,
5th how often ordinary bystämma be held and the time of such meeting;
6th the summons to bystämma is due, and other notices to members shall be
sent to them and when prescribed as measures to be taken later,
7th Time for payment of billed advance payment,
8th Time for payment of amounts under § 44, the Sami village or reindeer
member benefit,
9th which funds the village must have, their purpose and how the allocations to
them shall be made,
10th the details of the reindeer are needed.
§ 39 villages and their by-laws filed with the Sami Parliament. Before statutes
registered, they are not valid.
Sami Parliament examines the association to come in a proper manner and
they do not contain anything contrary to law or constitution.
The first and second paragraphs also apply to the amendment of the statute.
Act (2006:802).
Economic conditions
40 § The cost of reindeer distributed among the reindeer-herding members after reninnehavet.
About the Sami village decides it may cost that does not refer to all the reindeer distributed among
the owners of the reindeer on which the cost is attributable in proportion to their holdings of these
reindeer. Such a decision may not cover costs incurred before the decision.
41 § A reindeer member leaving reindeer is not liable for costs relating to the period thereafter. The
same applies to a new reindeer member for the period before the member starts to drive reindeer Act
(2006:802).
42 § The reindeer members to advance the funds needed for the reindeer.
The board is collected such funds on the basis of charge length. Tax rate is made according to what is
reasonable in view of a member's reninnehav and scope of the work that the member and the member's
household likely to be out of town during the fiscal year.
The charge length shall specify the amount that is collected, how that relates each member of
reindeer and timetable for payment. Act (2006:802).
43 § If available funds do not propose the payment of finished and due debt for which the Sami village
accounts, the Board shall promptly advance is collected in accordance with § 42.
Neglects the board what to it by the first paragraph, the members jointly and severally liable for the
debt. Is obvious omission, the County Board on the creditor's application, order DEACON charging
and collection required amount. MANAGER shall be entitled to receive remuneration of the Sami
village, as determined by the county.
44 § A Sami village costs for the reindeer finally distributed among the reindeer-herding members for
each financial year. When the distribution of costs determined the amounts of each reindeer member
for the fiscal year shall pay to the village or take the village.
Final cost will be based on recognition by the Board shall establish in accordance with § 53 third
paragraph. The costs are allocated as set out in 40 and 41 § §. In allocating credited reindeer member is
paid the advance and the value of the work that the member and the member's household performed for
the village. Sameby determine in advance the value of the day or hour of such work. Act (2006:802).
45 § Can advance or final settlement imposed a reindeer member under § 42-44 is not charged with the
member, shared the lack of the other reindeer members in relation to their mutual obligation to provide
for the proceeds. The shortage is collected by billing length according to § 42. To the extent that such
proceeds subsequently paid, the amount paid be credited to those who covered the lack of proportion to
what they paid.
The settlement has been charged and due for payment shall be applied under the provisions of the
Enforcement Code of claims for which liability imposed by final sentence, unless otherwise decided in
connection with the appeal. Act (2006:802).
46 § Sami may not raise loans to be repaid later than the next financial year, unless amortization
schedule for loan repayment has been adopted by bystämma. The loan period may not exceed ten years
or such longer period for which the state credit guarantee for the loan can be granted.
Warrant for loans under the first paragraph is valid only if the bystämma is assisted by at least two
thirds of the Meeting of reindeer members represented the number of votes and the majority of those
members of the village.
§ 47 Compensation awarded to the village under 28 or § 34 or otherwise by reason of infringement of
reindeer herding law must be used to cover the village's expenses for the fiscal year or funded.
Board
48 § The village must be board.
The Board shall, in accordance with members 'decision, insofar as they are not
inconsistent with law or Sami village bylaws, lead reindeer in the village grazing
area, arrange for the joint work needed for the village, ensuring that members'
common interests to be is taken without any member at a disadvantage, levying
the funds as reindeer member is obligated to pay and otherwise manage village
affairs.
Board representing the Sami village against third parties and for the village's
action before the courts and other agencies.
§ 49 The board consists of chairman and one or more additional members
appointed at bystämma. A director may not be a minor or under guardianship
under chapter 11. 7 § Parental Code.
A director may be removed from office before expiry of the period for which
the member is appointed.
Election of directors or change of its composition must be notified to the Sami
Parliament. Act (2006:802).
50 § If the board is missing, the Sami Parliament at the request of any person
whose right is dependent on competent board is DEACON order to be in charge
of village affairs, and represent the village as the Board of Directors. A MANAGER
has the right to the village receive fees determined by the Sami Parliament. Act
(2006:802).
51 § Same Village Board meets as often as necessary. As the Board's decision in
the sense that more than half of those present voting in favor. Event of a tie, the
opinion supported by the President.
A director may not take title to matters where the member has a substantial
interest that is contrary to the Sami village. Act (2006:802).
§ 52 Board may appoint a special supervisors to the Board's supervision lead
reindeer.
Board may appoint a specific person to represent the Sami village, otherwise
decided. Such a mission, and recall it to be notified to the Sami Parliament. Act
(2006:802).
53 § For each fiscal year, the Management Board in the administration account
for its management. In the annual report statement of operations for the fiscal
year and for the village's financial position.
In the story, in particular, reported
1st owners of the reindeer during the year remained at the village grazing area
and the number of reindeer for each owner,
2nd year's expenditure of labor in herding,
3rd what year was paid in respect of damage by reindeer and what in this regard
at the end of the year still to demand of another village,
4th During the year, investments made and the manner of their financing,
5th sameby other expenses during the year;
6th the amounts in the year earned and paid from the village funds,
7th during the year occurred changes in the village's borrowing,
8th size of the advances utdebiterats under 42 or § 43;
9th sameby other income during the year;
10th the amount of each reindeer member charged in the contribution to the
village's expenses during the year.
The report must also include recognition for each reindeer member showing
the balance of the year which will or Sami village member benefit.
54 § At least one month before the first regular bystämman after the end of the
Board shall submit the annual report to the auditor. The story must be signed by
all board members.
Revision
55 § The Board's administration and accounts shall be audited annually by one
or more auditors. Auditor appointed in bystämma.
Member, as the Board of Directors warrant examination of the Sami village
books, accounts or other documents, are entitled to benefit from these as
appropriate.
56 § Auditor shall make a report, which will include an explanation of the results
of the examination and a statement of whether the note is produced or not in
terms of keeping the accounts or administration in general. Prepared remarks,
the reason why it appears in the story. The audit report should also contain a
specific statement on the issue of discharge to the Board. Act (2006:802).
§ 57 Auditor's report shall be submitted to the Board no later than two weeks
before the first regular bystämman after year-end.
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