Strandskydd: Undersökning om ”särskilda skäl” i 7 kapitlet 18 c § i miljöbalken borde leda till en mer enhetlig och korrekt tillämpning av strandskyddsreglerna
Independent thesis Basic level (degree of Bachelor), 10 credits / 15 HE creditsStudent thesis
The purpose of this report was to examine whether a definition of "special reasons" in the swedish environmenal act should lead to a more consistent and correct enforcement of shoreline protection rules. The method that was used in this research was based on studying and comparing old and new legislation, legal drafting history, precedent and doctrine. Acts taken from the supreme Land and Environment Court after the change in the swedish environmenal act was revied to see if the definition of "special reasons" in the statutory text had the potential to lead to a more consistent and correct enforcement of the term "special reasons". The result of this study showed that the enforcement of the “special reasons” in the old statutory text in the swedish environmenal act didn´t lead to a consistent and correct enforcement of shoreline protection rules. After the change in the swedish environmenal act the definition on “special reasons” got enrolled into the statutory text, instead of only being available in legal drafting history and doctrine. The idea behind the change was that the enforcement of shoreline protection would become more consistent and correct. After reviewing the acts from the supreme Land and Environment Court, the conclusin could be made that “special reasons” plays a major part in the decision making of exemption from the shoreline protection rule. The conclusion I made from this study was that the definition of "special reasons" in the statutory text has provided clear guidelines which in return should result in a more consistent and correct enforcement of shoreline protection.
Place, publisher, year, edition, pages
2012. , 21 p.
Swedish environmenal act, shoreline protection, "special reasons”, enforcement
IdentifiersURN: urn:nbn:se:umu:diva-75811OAI: oai:DiVA.org:umu-75811DiVA: diva2:635506
Subject / course
Examensarbete i miljö och hälsoskydd
Bachelor of Science in Environmental Health
Lagerkvist, Signe, Univ. adjunkt
Redin, Lisa, Univ. adjunkt