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
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It has been pointed out to me by a friend that “allemansratten” does not apply to backyards and gardens and must not interfere with productivity of the land.
My friend suggest that maybe traditional owners should get it implemented as quickly as possible.
“Whitefella wilderness: Blackfella backyard”
David
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The new “Right to Roam” legislation in the UK is similar to Allemansrätten but it is limited to specified areas of land which you would normally think of as being an “open space” – e.g. heathlands, moorlands, mountains, forests etc.even though this is of course all privately owned. Cultivated land is not included and there are also some exclusions for nature reserves especially in the breeding season. Also there is no right to camp or cycle and certainly not to pick anything (flowers are legally protected in the UK) though I am sure no-one would mind you picking blackberries.
This legislation was quite controversial but it seems to have been very uncontroversial in implementation – most of the projected issues have not really arisen.
Future legislation will address access to the coast – which is in any case pretty good in most of the UK as, generally speaking, building next to the coast has not been allowed for ages. (We are horrified when we see beachside lots for sale in other countries, especially when as in Queensland, they are also covered in rainforest)
Rosemary Royle Wales, UK
David & all
Yep, we in Australia seem to be hemmed in by private property and only allowed simple natural history pursuits such as viewing of scenery and bird watching in our so-called wide open spaces on road sides, by peering over fences, and on national park land, state forest land and crown land plus the occasional private property.
Greg Little
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!
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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
Hej Tom!
I mentioned allemansrätten on birding-aus some years ago and got flamed! I hope you get a kinder response. Mind you, I read in the Swedish newspapers these days that poor Third World people are being brought into Sweden in spring/summer to roam around picking wild blueberries. There is always somebody looking for loopholes to make a profit!
I exercised my allemansrätt in Sweden without incident or complication. Quite often the landowner would come and quiz me about what I was up to and have a chat. I saw spillkråka (black woodpecker) on private land – nice to be able to do it without worrying about trespassing!
Cheers Andrew