Nature Conservation Act, No. 47 of 1971

Art. 1. The aim of th.is Act is to encourage the intercourse of Man and Nature in such a way that lifo or land b(s not needlessly wasted, nor sea,· fresh water or air polluted. The Act shall ensure as far as possible the course of narural processes accotding to their own laws, and the protection of exceptional and Wstorical aspects of Icelandic nature. The-Act shall enhance the nation's access to and familiarity with Nature. The Administration of Natur~ Conservation.

Art. 2. Toe. MlnhiU"y of Cullun,; and Education ill i.u charge.- of all 1nattcm'i rc.spcctiug the conservation of nawre~ Art. J. In each counly and town. and In tile city of Reyirjav!k, a narurc conservation committee of three ta seven membelll shall be established. The county, town; or city, council decides upon the number of mcmbcu;. clec1's ttwm fur a tcnn of four:· ;rcar.s- aud. appoi.ms a dtaim,14n.. Al\ equal n=ber of altemai.s shall be, elected for tile same period. The. role of the nature conservation committees is to funher nature conseivation. in their district. l.a. by means of advice and proposals ro local authorities, the Nature Conservation convemtoa aruJ. tne l"(awn: eo1~rvaliu11 CUwu.;ll.

Art. 4. Toe Nawre Conservation Convention assembles every thlro year. Its role is to di=ss nanu:e conservation and propose priorities for the most urgent conservation mattern ta be resolved. 2 The following parties may attend the Nature Conservation Convetion: I.A representative elected by each nature conservation committee. 2. One representative for e.3:ch of the following associations; The Icelandic Humane Association, The Tourist Council of Iceland, The Icelandic Society for lhe Protection of Birds, TI1e S:odety of lceln.ndic Nnt1,1.r.tl Sdenflrlt!:, The lcel.lU:'ldic Nntura.l Hi.:tory Sooioty, L.<1.ndv1urtd Tho Iceland Environment Union. Toe Joint Association af lcelandic Guides and Scouts, The Forestty Association. The Association of Chanered Engireeis in Iceland, The Farmer's Union, The Icelandic Youth Association. 11le Federation of Icelandic Youth Organizations, TI1e Icelandic Youth Hostels' F't<!deratftm, The. Touring c.luh nf Tc.eland, The Unkm of Irie.al Authorities in k~l;1I1d, The Icelandic Federation of Labor, The Confederation of Icelandic Employers, Toe Agricultural Society of Iceland, 1'he Association of Icelandic Architects and namre conservation Associations. 3. Thr<e representatives from the Museum of Nalllral History in the fields of geology, botany and zoology. 4. One representative from each parliamentary party in the Althing. 5. The Nalllre Conservation Council. 6. Toe following officials: The Director of lhe Agricultural Society of Iceland, the Director of Civil Avjation, the Director of the National Research Council, the Director of the State Soil Conse<Va1ion Service, Ille Chief Metl\ca\ Officer of Hea\\h, the Chairman of lhe Committee on Toxic Substances, the State Director of Shipping, The Chief Veterinazy Officer, the Director of the Agricultural Research Institute, the Director of the Marine Research Institute, a Jt:;presentative of the University of Icel.ind, the Director of the National Energy AuthOrity, the State Town Planning Director, the Director of the Iceland Forest Service, the Director of the Public· Roads Administration, the Direcror of Freshwater Fisheries. the Director of the National Museum and a representative from the Ministry of Cultui-e end Education. 7. The number of attendants to the Nature Conservation Convention may be increased by means of Regulations. Art. s. The Nature Conservation Cow,cil will assemble the Convention, prepare an agenda and present a report on its activities to the convention. The Chairman of the- Council Opell$ the Convention and directs proceedings until a President has been elected. Toe Convention decides on its rules of order. , Attendance at the Nature Conservation Convention is unsalari~d but the parties concerned pay ..U expenses tor their represenr.adves. Other expenses induned by the Convention shall be paid by Ille State Treasury in accordance with the Minister's decision. An.&. Toe Nature Conservation Cowicil is composed of seven members. Six of them shall be elected by means of open election by the Nar.u.a:- Conservadon Convention, with the exception of WO. representatives under an. 4, paraaraPh 6. The seventh shall be appointed by the- Minister- of €ttl--..-en, prior to I.be election. and be shall be I.be Chainnan of llle Council. An equal number of alternate members shall be elected in the same manner and for the same period of time.

Art. 7. '1"'he ?-,fo,wre Conu:tv:ation Council ,i,:h.i\U •~ecute n2.t1,1.n;I! ¢Q~erva.tion ml)~urns 1'Ul !li!!t fol"t:h in this Act. 'The Council shall take the initiative in public instruction ilOOut conservation, i.a. through pub\icalions, schools and mass medla. 3 The Council shall maintain close co~operation with vo\untary conservallon organizations, ta. by means of promoting re2]onal meetings on nature conservation. Art s; The Nature Conservation Council maintains a bureau and engages. a db:ector to mamge \t. Expenses shall be paid by the State Treasury. Payment of Expenses Incurred by the Implementation of this Act.

Art. 9. Before the end of May each year the Nature Conservation Council draws up a budget that expected expenditures resulting from the implcmentatfon of the Act during the coming Calendar year and forwards this to the Ministry of ~ +.~e C .... v>..-.,.,,,---...,.~J

Art. 10. Expenses incutred through the implementation of this Act shall be paid by the State Treasury in acx:onlance with allocations for thls purpose in the BudgeL The Public's Righi of Access to Nature and Public Conduct, Art, 11. Everyone is entttled to lree passage tllrOuglt, and stay ill, areas lying outside tile property of registerd fanns for legitimate purpose. Walkets may pass through privately owend ground, provided it is uncultivated and unfenced, and also provided.that their stay does not disturb livesux:k or cause unconvenlence to those holding legal rights to the land. On fenced ground. the pennission of the owner is required for the purpose of passing through or staying on the land. The same applies to cultivated land.

Art. 12. Toce pUblie is premitted to picl:. wild betrl.es in \ll\CUltivaled areas for lmmt<ll•t<> consumption. Everyorte is pennitted to pick berries in areas lying ou1Side the property of registered fanns. The Nature Conservation Council may prohibit the use of tools or implements for the picking of berries if there is reason to fear that this may cause. damage;- to vegetation.

Art. 13. Everyone shall take care to avoid unnecessary damage to lJle nature ot tne countr}'. Damage to nature, committed in an Illegal way, whether intentionally or inadvertently, is punishable. 4 The Nature Conservation Council shall lay down rules relating to lhe driving of vehicles and lhe conduct or travellers in Wlinhabit.ed areas, including lhe marking or automonile trails. It is lhe duty of the Council to prohibit all unnecessary driving outside roads and marked trails, where lb.is can cause lhe revage of nature. The Council shall also make proposals to the appropriate parties about the laying of automobile trails in uninhabited areas and how lhey should be marked or Jay down direct insturcl.ions concemmg this. In \he open countryside it is prohibited to throw away or leave behind n;fuse which can constitute danger of defilement. or deposit such waste at refuse into the sea, on beaches or sea coasts, into rivers or on river banks, streams or on streambanks. Rest areas and camping grounds s~ at all times be left clean and tidy, and nothing must be left behind which despoils the en1111onmenL It is forbidden to accwnulate refuse into heaps in public places or by the roadside. Refuse heaps must be kept in Suell a condition that objectS can nei\.her b\ow nor fioat away. Refuse may be cleared away at the expense of the pany who has been proved guilty at violating lhis instruction.

Art. 14. Vegetation must not be damaged or ruined unnecessarily, either by the tearing up of moss, heaths or shrubs or in any other manner, nor shall water supplies, whether rivers, brooks, lakes or wells, be polluted. Further details of lhis shall be laid down in Regulations.

Art. 15. Where buildings, beached· ships, motor vehicles, machinery or constructions, including fences, have been left in neglect to disintegrate, and they are considered a defilement or damage to· nature. the OW(lef must remove them. In the event that a farm i_s abandoned the owner is required to leave all fann buildings. fences water wells, am.1 other constructions In such cond.lUon that the. do not blemish the surroundings or endanger man or beast. The local authorities shall carry out such measures as are needed to conrorm wtm mis article, at the owner's expense, if he has neglected to do so. Art. lb. In open air gathering places, recreation areas, public parks and other places where the public may gacher, essential sanitary facilities shall be- installed prior to such places' being taken into use.

Art 17. Anyone is permitted w mine gravel, sand, rock:, scoria and pwnice on his eswe, provided this does not confiict with articles 22 - 26. The local authority concerned may, having sought the opinion of the nature conservation comminee, prohibit any mining if it is of the opinion that this will disturb exceptional landscape or noteworthy natural phenomena.. The decision of a local authority ,nay be appealed to the Ministryt of €lldt!mo-1md Ed•••li••· which passes final judgement on the maner, having rw:ived the opinion or the Nature Conservation Couru::il. In public land all excavation of earth materials mentioned in lhe first paragraph of this anicle is prohibited without permission from the Ministrv of Admce aael Eatteat:ion after prior consultation with the Nature Conservation Council. It, .. t:-,.,, o-,,- ..... . ✓ Material for road consturction shall be subject to the Road Act. 5

Art. 18. If Lhe landscape has been disturbed through construction work, the excavation of gravel. sand, rock, scoria or by other activities of man, those who have caused such disturbance of the landscape shall be required to restore Lhe site. 'Ille Nature Conservution Council shall issue ins!ruclions on rhe mnrlition in which sites i::hall be left and can La_ set a lime. limit within which restoration. work shall be completed.

Art. 19. It is prohibited to erect advertising billboards alongside roads or elsewhere outside densely populated areas. Unobttusive advenising of business operations, services or goods on sale shall, however, he premitte-.d on the property where sor.h activity nr production takes. pfa('..e. Signposts providing guidance on routes, the names of farms, rest areas, national parks and protected areas do not come under -the provisions of this Anicle. The Natum ConselValion Council issues further rules concerning advertising in accordance wilh this article and decides upon martt>;rt in 1fonbt. '

Art. 20. The free passage of pedistrians must not be hindered by placing buildings, fences or other constructions on beaches, lake shores or river banks. These provisions ~hall not apply lo constructions or building which are necessary for the conduct of ee-0nomic activities, including the priv<'lte dwt>.llings of f:mn~rs. nor !hose huildings or conslructions which are erected with Lhe pennission of Uie approptiate aulhcriti.es. in planned areas, ooc shalt they apply to coC\S.tt1.1Gtio1.1S. which were erected prior to the coming into force of this Act.

Art. 21. In municipalities which are not subject to planning regulations it is prohibited to build a 1:ummer hon'IA wlthnnf <"nn..:P.nt frnm IM lncnl amhorities:.. Prior to granting a permission to build a summer house the local authorities shall se.ek the opinion of the local narure conservation committee. The Ministry of Gi&lau:e an(id.ucation will issue further regulations on the building of summer houses s.dpuhtting La_ that tht Nature, Conservation council shall pass an opinion on the location and planning Qf groups of summer houses. · The term summer house shru.l mean a house erected for the putpase of being a dwelling -place during the summer bu~ only occasionally in winter; such as on weekends. When building a ,mmmer house. the. rules of the. health authorities shall always be observed. regarding septic tanks, oil tanks and other potential causes of poUur.ion. Declaration of Protection of Natural Phenomena and Establishment of Recreation Areas.

Art. 22. Toe Nature Conservation Council can declaie the prorection of unusual natural phenomena, such as waterfalls. vole.uric sites. caves, rock fonnations, as weU as locahtles where fossils and rare stones are found. when it is considered importMt to preserve Lhem for their scientific value, beauty 6 or uniqueness. Natural phenomena protected in Lhis wuy arc called natual monumems. Tho aroa around ~ n.:uural monum..,nl shall be prcsorved, ::u: m,o::etisary for it~ apprcciulion. Thi~ must be clearly iHuted when declaring lhe naLUral monument, and marked on lhc she. Natural monuments. must not be destroyed, damaged or changed except on instructions form lhe Nature Conscrvnlion Council. · Art. Z3, The Nature ConservaLion Council can declare I.he protection of scicntificully or cullurully imponaOl plants or animals in order to prevent their disturbance, decrease oi- extinction. Protection can be applied either locally or to the whole country. \f it is lhought \hat proposed projects wi\\ so disrupt \he natura\ envlfonmcm that panicu)ur plants or rutlmo.ls become threatened wilh e,:;tinction or serious damage, lhe Nature Conserv;i,tion Council can include a ban on such projects in its declaranion of protection, having first obtained the opinion of institutions competent in that panicular field,

Art. 24. The Nature Conservation Council can declare Lhe protection of emire areas. which it is imponam \o prcavcrve beC~\lSC of unu\;ua\ \a,rvJsc:;i.pe, veg,E:-t:.\tion or anirna.1. life. Sue!;\. :,.re.a£ :J..re called nature reserves. No disrupdon of nature or constructions are aUowcd there which detract from the appearance of the land. The declaration of protection shall funher specify lhe cx;tent of protection, to what extent activities on the land are limited, traffic and the public right of passage. a.nd the uses of fishing and hunting rights. A declarntion of protection may also be accompanied by instructions about.necessary .actions enhancing lhe public's enjoymem of the area, such as lhe building of foot. paths, fences etc. Nature reserves must not be disrupted, eilher by lhe owner of lhe land, its tenant or ,my other pany, b:o,yond ~ ·iw:;tructionS of the declaration. of protection. The Nature Conservation Council can if necessary grant exemp<lons from the instructions in the declaration of protection.

Art. 2S. In an area of excepcional landscape. vegetation or animal life, _or historical significance, and thus dccltled worthy of preservation and' ~uh.able fo.t public acceS$'. in accordance with specified rules, the Nature Conservation Council can declare the establishment of a national park, provided the area is owned by the State. The Nature Conservation Cound\ adm1nis\ers na\1onal parks and issues regu\ati.ons a'oou\ \he)r mill'la.gement and u:>c by the public Necessary sanitary facilities shall be erected in national parks, as weU as camping sites, footpaths and odlcr facilities which render e:tsier public usage of the area and prevent damage~ In each national park the public shall be provided with guidnncc abouth major routes lhrough lhe protected area~

Art. 26. When one or more municipalities desire a certain area to be declared a recreation area, they shall request from I.he Nature Conservation Council. They shall ~tale the boundaries ror lhc area. and what limitations lhe dcGlar.i.tion of recre:uion arcl will place in I.he owner's right lOl Lhe land iu quc:stion a:, well as any olhcr rclcvunt informution. If the Nature Conservation Council agrees with I.he proposal. Lhe intention to ~srnblish a recreation area and its proposed boundaries shall be announced in the Official Gazette, and by other 7 means according to local custom. In this announccmcm lhcrc will be a further cxplan.uion of Possible limitations to the righl or usae:e by the landowner_ Funhcnnom it shall be Stilu~d I.hat ~ose w~o do not make an objection lo Lhe establishmcnl of a recrealion area within a specified lime, which must not be shorter l.hun 8 weeks, arc considered to be in agreement with Lhis decision and have I.hereby forfeilcd all righl.S to possible compcnsJtion. When the lime limits mentioned in paragraph ?: are ovr.r, the Nature Conservation Council shall decide whel.her lhe objections which ma:y have been received are important enough to change the original plan or abandon it, The representatl14eS of ilie mun\dµa\\t.\es men\~one1i \n patagr.:i.ph 1 shall be given an opportunity to be present when Lhis is discussed. If lhc Nature Cnn.<w.rvation r:'ounc.H and 1he rrpreS.t?nrntiVf."S of I.he municipalhies in question agree to adhere to the decision to establish a recreation area. whelher or not it has been altered, the Nature Conservation Couf!Cil shall act to get court-appointed appraisers to l.':valuate damages for losses. which patties who file objections in accordance with paragraph 2 may sustain when .a recreation area is estahlished_ The appraisal will he l'.:trried emf in accordance with Act. Nr. 61/1917. When a .. final appraisal becomes available, the opinion shall be sought or .the municipalities concerned, whether they desire a fonnal decision on Lhe estnblishment of a recreation area. If they so requesr and lhe Natt1re C0r1se:J'\lari0n Ccnmcil :i.grees, the Council shall make a special resolution on the esrnblishment of a recreation area, and this shall be publiched in I.he Law and Ministerial Gazette. The municipalities concerned will pay all expenses which directly accrue from the "istab\l~hsnt>n~ 1\1'\d roa\nteno.l'l('". of '..\ ~i:ro:fdOl'I l\~'<'I. \n so far u thete are no :U\octltlorui from the State Treasury. These expenses shall be divided in proportion to Lhe number of inhabitants in 1hc municipalities concerned, in the prececding _year, If a municipality withdraws participation in the preparation for I.he esta.blishmem of a recreation area, it is obliged to pay accrued expenses proport~ ionnlly Municipalities which maintain.a recreation area, establish a joint committee whicn works in consultation wir,h lhe Nature Conservation Council. A treaty of co~operation stipulates lhe. number of committee members and their manner of conducting business. Unless otherwise· stipulated, a majority Vot'c' pt"l::'vu.i}s_ Wlwn ,:!~~ling-with i;:11hjPrt'i' whi('.h invnh,,.. <.:~rbl ~vp,;-nrH111~'!.'. th~··votir19 right is,. however, proponicinal to financial conlributions. · When disputes arise. concerning the .interpretation of this article or other questionable points arise regarding the maintenance of recreation areas, the Nature Conservation C9uncil will arbitrate, bm th,:,fr dr"rii;:ion mfly M ~ppPnl1>r'I tl'I ,h,,. Mlni<11r,,r f11,r finfll Mhilr:1;tinn Art. ~7. To support public outdoor activity, the Nature Conservation Council can 1ake the initiative in keeping open pal.hs, beaches for sea-balhing. lake shores and other areas, to which thc:re is reason to maintain access so as to facilitate public enjoyment of natue. Funhennore the Council can construct footAbridges and st:,irs over fence~ nnrl lf~_mnrc~te c:unping gmnniJg :mcl takt"! other measures necessary for this purpose. Any action taken under this article shall be subject to the consent of lhe landowner. Implementation of Declarations of Protection.

Art. 18. The Nature Conservation Council shall. with lhc aid of narure conservation comminecs, seek Lu I.It: i11fu1111ed of ualuti.11 u1ouu111cul5 deemed wou.hy of protection, olS well ilS olrt:.ol.'S in which it may become desirable to cstabli:;h nature reserves, national pilrks or recreation areas, The Council 8 compiles a register of such narural fentures and areas. lf the Nature Conservation c.;ouncil hods reason to declare protection or to implement al.her conservation measures in accordance with this Act it shall endeavour to reach an agreement with landowners, local authorities and other parties whose imerests are involved. If an agreemt;:nt is reached, this shall be recoroed and conlinned by all concemed.

Art. 29. tf there is danger tttat a proposed construction activity or earthmoving will cause pennancnt change in landscape, damage of noteworthy natural features, or lead to the pollution of air or water, it Is obligatory to seek the opinion of I.he Nature Conservation Council before commencing work on the project in question. If this ls negle;:led the Nature Conservation Councll can demand the assistanco of tl1e Chief of Police to prevent wonc from being commenced or continued. Power stations, factories and other large project shall be designed in consultation with the Nature Conservation Cooocil. The same applies to road construction leading to these construc- tions. The Ministry of €tutw:o aaE:I Eth.teatleR issues further regulations in accordance with this article. /.-h.e /;:';..,.v/v., .. ,....,,..,..,,.'.J

Art. 30. If the Nature Consetvation Council decides to declare a protected area without having previously obtained the approval of owners, .rightholder:s or the. municipality concerned, the Council shall draw up a proposal for such a declaration. This proposal shall be sent to landownera, occupants and other righlholdera .who may be affected by this action as well as to the local au:thorities concemed~ They shall be· given. the opportunity to pass an opinion on the declaration of protecUon, present Obje;:tton or subm1ttmg claims for compensation from the Nature Conservation Council within a period of four months. Toe proposal shall furthermore stare that if claims are not received within that time, they will not be recognized in. the declaration of protecllon.

Art. 31. lf objections to a declaration of protection or claims for compensation are received~ tbe Nature Conservation Council can again attempt to reach an agreement on such c!alms and airer tl1e terms of lhe declaration of protection according to the objection, provided the alteration in no way impairs the rights of othera.

Art. 32. De<isions of the Nanue Conservation Council coru:emlng protection or declaration or protection do not come into force until approved by the Ministry of €ttitwc Md B<l•eru!en• .j..h ~ !E i.... v-'.., " ... ,...._ .,.,. ✓

Art. 33. /.f...t ·1,.,<f':t"o•,,........h,. / When a final decision has been reached, in accordancefVith art. 32, concerning declarations of protection and terms of protection, the Ministry of Eduell!laft will publisb lhese in the Law and Ministerial Gazeue. and they take effect on U,e day !hey aie published. Tuey shall also be displayed on the si,e in so far as this is possible and necessary in the opinion of the Nature Conservation Cowicil. 9 Miscellaneous provision§,

Art. 34. The sale of land, which in part or whole has been placed in the register of natural phenomena la w.;.conia.m;t:: with article, 28, i;hall b(; subjected co the provh1ioru1 of Act N. 40, April 5th, 1?48, in such manner that the Slate Treasury shall have the option after the parties granted priority in that AcL Act. JS. j../,.,,~ f!!M.,.o'..-o"o/"'k<i>"'J Toe Minstty 9f AH$::re and Edueati&tl-has the authority to expropriate land, consuuction.s and rights in order to execute conservation measures provided for in this Act. Act.. 36. Whoever suffers financial loss due LU the c1;.~utluu of Lhc: pmvi,5ion.s of this Act, ia entitled to compensation from the State Treasury. lf an agreement cannot be reached on \he compensation, it shall be decided under the terms of the Act on expropriation No. 61/1917. Act. 37. Violations of this Act and Regulations Issued in accordance with It, are punishable by fine or imprtsonmem.. fines shall reven to the State T.['(:asury. Dally fines which revert to the Staie Treasury not exceeding 2.000,• kronur can be imposed to impel the public to carry out their duties in acco<d= with this Act, or 10 d\scontinu"" unlawful activities. The Ministry of Glim., awl Edo..lion issues Regulations specifying th<> exeoutio11 of lhis Act. fh.ot G ..... v•'"_,.,,.......,..L A.ct. 38. 1bis Act enters into force immediately. At the same time the Act on Nature Conservation No. 48, April 7th, 1956. ls invalldaied. Act NO,- 59/1928, on- lhc cuttSCrvatiou of Thingvcillir, 3taya in force in spito of this Aet entering into fotce. Ti,moorary Provisions. The Nlltllre Conservation Council whlch wa, appolnled according to the· Act on Nature· Conseivallon, No. 48, April 7th, 1956, shall wolk. acco<dmg to this Act witil a new Council has been elecled. The Nature Conservation Convention shall be convened within a year from the coming into force of this AcL Cowuy, town and city authorities shall have compleled the elections of nawre conservation COO!tllir.ttt.s no later than 8 mooths after this Act comes intO force. Done in Reykjavik. April 161.h, 1971. Krlstj'1n Eldjalm. •/rmd ..)00.02 Gylfi I>. Gislason.