Strandskyddet - de nya reglerna och möjligheterna till dispens

Sammanfattning: The shore protection has in Sweden been statutory regulated since 1950. Since then it has been extended and developed, as the awareness of the importance for preservation of unexploited land along the shores has grown. The earlier legislation focused entirely on human’s access to the shores and the surroundings near the shores, for recreation and extracurricular activities. The terms for, and preserving of the living condition for animals and plants have gradually over time come to play a part in the act of legislation as well as in the implementation of the shore protection. The 1st of July 2009 the latest update of the Swedish legislation came into force. The general protection of all shores remains and the protection still reaches 100 meters up on land and 100 meters into the water. Even though the basic protection remains the new legislation holds some news as well. One of the biggest changes is the six grounds for dispensation; they are to be seen as an exhaustive list and to be implemented in all cases of dispense from the shore protection. However there is no rule without exception and in addition to these six grounds for dispensation further possibilities for dispensation in LIS-areas has been added. Areas for development of the countryside can be nominated by the local counties.1 Dispensation can in these areas be given on the grounds that the exploitation will support the local or regional development. Other interesting news is that the counties can suspend the shore protection in advance in the local plan.2 The counties have in the new rules of procedure the responsibility for dispensation from the shore protection, within the local county. The county administrative board3 will review the decisions made by the counties. They will also handle the dispensation within certain areas for nature preservation for example. Even after the grounds for dispensation has been pined down some room for interpretation still remains. The rules concerning the shore protection shall not be applied more harshly from the individual’s perspective than necessary for fulfillment of the purpose of the shore protection. Nor in a way that will jeopardize the purpose of the shore protection. The new legislation raises a number of interesting questions, like what impact the new division of responsibilities will have on the implementation of the new rules. Anther interesting question is of the new legislation will lead to a stricter implementation of the shore protection rules, or not.