wise use of mires and peatlands - Peatland Ecology Research Group

206 APPENDIX 4peat cutting for litter in animal shelters andfor domestic fuel (western Finland) as well asharvesting of naturally growing hay (easternand northern Finland). New farms had to beestablished after the Second World War toaccommodate the refugees from the Sovietoccupied parts of eastern Finland. Many ofthese farms were established in areascontaining large mires, a part of which weredrained and cleared for agriculture.The land owner has the right to decide howto use his peatland areas: he owns the surface,the peat layer and the bottom of the mire aswell as the rights to hunt and fish in the area.The land owner can sell or lease his mire toother persons or companies. The State hasencouraged private landowners to use theirpeatlands by granting them long-term lowinterestloans for forestry drainage, but theseloans are limited to mires which are fertileenough for the growing of trees. Anotherexample of the State’s interference in thelandowners’ rights is the establishment ofnew mire conservation areas. Most of the newNatura 2000 118 areas are in State- owned land,but some private areas have also beenprotected, especially in southern Finland. Inthese cases the state buys the land orcompensates the owner by other means.Peat producers can either lease or buy theirharvesting areas from private or publiclandowners. In the case of leasing, the peatproducer returns the land to the owner afterthe end of peat extraction. The landowner canthen select the land-use method for the area.The most popular uses are afforestation andagriculture. Where the peat producerpurchases the mire area he becomes thelandowner and has the same rights and dutiesas other owners.Estonia 119 : Estonian legislation provides thatland ownership extends only to the bedrock.Because peat is above the bedrock it belongsto the landowner. It is estimated that c.a. 85-90% of the peat deposits belong to the Stateand rest to individual owners or to localcommunities. The reason for theconcentration of ownership in the State isthat the largest part of the peat reserves islocated in the centres of the peatlands whichbelong mainly to the State.The rules for obtaining an extraction permitare the same whether the peat is owned bythe State or privately. The exception to this isthat an individual owner has the right toextract peat located within the boundaries ofhis/her property without an extraction permitand free of charge for his/her personalhousehold.Sweden 120 : Landowners in Sweden are privateindividuals such as farmers and foresters,private and state-owned companies. Includedin their ownership are peatlands and parts ofpeatlands. Under Swedish law the exploitationof peatlands requires permission from theauthorities but the position is differentdepending on whether the exploitation is forenergy or horticultural purposes.A special Peat Law allows any company(subject to permission from the authorities)the right to exploit peat for energy purposes.The landowner cannot prevent this, becauseenergy peat is regarded as an “energymineral” and minerals belong to the state. Byexpropriation the state gives the company therights to exploitation for, usually, 25 years.At the end of this period the company mustreturn the area to the landowner. The companyshould by that time have reclaimed the areainto, for example, productive land for forestry.If the peat is exploited for other purposes,such as for horticulture, litter, or as a soilimprover, the peat is owned by the landowner.In these cases a company can purchase thepeat area or come to a profit-sharingagreement with the landowner.Belarus 121 : All peatlands in Belarus belongto the State. Anyone is free to apply for a