The Swedish Environmental Code places strict requirements on anyone using the countryside for organised activities. Organisers must have adequate knowledge of the limitations of the Right of Public Access and must inform participants of what is allowed.
A 1996 ruling by the Swedish Supreme Court indicates how the Right of Public Access is to be interpreted when using a third party’s land for tourism. The judgment shows that the Right of Public Access may be used for commercial purposes and by many people at the same time. However, such use of the Right of Public Access must cease if it causes damage to nature or nuisance to the landowner.
Know the Right of Public Access
The provisions of the Environmental Code are intended to protect human health and the environment from damage and nuisance.
Persons arranging organised activities on other people’s land have an obligation to:
- have the necessary knowledge of the Right of Public Access
- take adequate safety measures and precautions to prevent damage and nuisance
- choose an appropriate location to minimise risks of damage and nuisance
- inform participants about the Right of Public Access and the responsibilities it carries
Consult with the county administrative board
The municipality or county administrative board must be consulted about any activity with potential impact on the natural environment. Examples are major events, events held at regular intervals, and certain types of facility for outdoor recreation and environmental tourism. Affected landowners should also be consulted.
If necessary the county administrative board may require the organiser to take steps to prevent damage to the natural environment. The activity may be prohibited if the county administrative board or the municipality deems that it cannot proceed without excessive damage to nature.
If damage is caused by an event or activity, the organiser or responsible party may be liable to pay compensation.