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» STATE NATURE CONSERVATION CENTRE » Nature Conservation Act Nature Conservation Act1
Passed 21 April 2004
(RT2 I 2004, 38, 258),
entered into force 1 May 2004,
amended by the following Act:
17.6.2004 entered into force 18.7.2004 - RT I 2004, 53, 373.
Source
Chapter 1
General Provisions
§ 1. Purpose of Act
The purpose of this Act is to:
1) protect the natural environment by promoting the preservation of biodiversity through ensuring the natural habitats and the populations of species of wild fauna, flora and fungi at a favourable conservation status;
2) preserve natural environments of cultural or esthetical value, or elements thereof;
3) promote the sustainable use of natural resources.
§ 2. Principles of nature conservation
(1) Nature conservation is carried out by means of restricting the use of areas important from the aspect of preservation of the natural environment, by regulating activities involving specimens of species of wild fauna, flora and fungi, specimens of fossils and minerals, and by promoting nature education and scientific research.
(2) Nature conservation shall be based on the principles of balanced and sustainable development and in each individual case, alternative solutions shall be considered which, from the position of nature conservation, are potentially more effective.
§ 3. Favourable conservation status of natural habitats and species
(1) The conservation status of a natural habitat will be taken as favourable when its natural range and areas it covers within that range are stable or increasing, and the specific structure and functions which are necessary for its long-term maintenance exist and are likely to continue to exist for the foreseeable future, and the conservation status of its typical species is favourable as defined in subsection (2) of this section.
(2) The conservation status of a species will be taken as favourable when population dynamics data on the species concerned indicate that it is maintaining itself on a long-term basis as a viable component of its natural habitats, and the natural range of the species is neither being reduced nor is likely to be reduced for the foreseeable future, and there is, and will probably continue to be, a sufficiently large habitat to maintain its populations on a long-term basis.
§ 4. Protected natural objects
(1) The following are protected natural objects:
1) protected areas;
2) special conservation area;
3) protected species, fossils and minerals;
4) species' protection sites;
5) individual protected natural objects;
6) natural objects protected on local government level.
(2) Protected areas are areas maintained in a state unaltered by human activity or used subject to special requirements where the natural environment is preserved, protected, restored, researched or introduced. The following are protected areas:
1) national parks;
2) nature conservation areas;
3) landscape conservation areas.
(3) Special conservation areas are areas designated for the conservation of habitats, for the preservation of which the impact of planned activities is estimated and activities liable to damage the favourable conservation status of the habitats are prohibited.
(4) Protected species shall mean a taxonomical unit of a species of fauna, flora or fungi, the habitats of which are protected on the basis of this Act or which are listed in Annexes A to D of Council Regulation No 338/97/EC on the protection of species of wild fauna and flora by regulating trade therein (OJ L 061, 03.03.1997, p. 1). Protected fossils and minerals shall mean fossils or minerals of a protected category, specimens or places of finding of which are protected under this Act.
(5) For the purposes of this Act, species protection site shall mean an area located outside of a protected area, delimited according to this Act and used pursuant to special requirements, and which is:
1) the reproduction site or place of other periodic concentration of protected animals;
2) the natural habitat of a protected plant or fungus;
3) the spawning site of salmon or river lamprey.
(6) Individual protected natural object shall mean an animate or inanimate natural object such as a tree, spring, erratic, waterfall, rapid, bluff, terrace, outcrop, cave or karstic form or system which is protected on the basis of this Act.
(7) At the local government level, a landscape, valuable arable land, valuable natural biotic community, individual landscape object, park, green area or an individual object of a green area which has not placed under protection as an individual protected natural object and is not located within a protected area may be a protected object.
§ 5. Shores and banks of water-bodies
(1) A shore or a bank of a water-body is a land zone immediately adjoining a sea, lake, river, reservoir, brook, spring or land improvement system used pursuant to special requirements and protected under this Act.
(2) Land immediately adjoining the Baltic Sea, Lake Peipus, Lake Lämmijärv, Lake Pskov and Lake Võrtsjärv is deemed to be a shore.
(3) A shore or a bank of a water-body protected under this Act is not a protected natural object within the meaning of this Act.
§ 6. Application of Administrative Procedure Act
The provisions of the Administrative Procedure Act (RT I 2001, 58, 354; 2002, 53, 336; 61, 375; 2003, 20, 117; 78, 527) apply to administrative proceedings conducted pursuant to this Act, taking account of the specifications provided for in this Act.
Chapter 2
Placing under Protection
§ 7. Prerequisites for placing natural objects under protection
A natural object which is under risk, is rare or typical, has scientific, historic, cultural or esthetical value or which is subject to protection under an international agreement is deemed to have the prerequisites for placing the natural object under protection based on this Act.
§ 8. Proposal for placing natural objects under protection
(1) Everyone has the right to submit a proposal placing a natural object under protection to the authority competent to initiate the proceedings for placing under protection.
(2) A proposal for placing a natural object under protection shall contain:
1) the justification for placing the natural object under protection;
2) the objective for placing the natural object under protection;
3) the size of the area, if relevant, and a description of the location of the object;
4) a description of the restrictions planned for protection purposes;
5) an estimation of the costs related to placing under protection and organising of protection.
(3) The authority competent to initiate the proceedings for placing under protection shall arrange for expert assessment of the justification of placing the natural object under protection and the purposefulness of the planned restrictions, involving a person who has relevant specific expertise in the field (hereinafter expert).
(4) If based on expert opinion, it is obvious that the natural object lacks the prerequisites required by this Act for placing the object under protection, the authority competent to initiate the proceedings shall refuse to proceed with the matter and communicate the opinion of the expert together with the decision to deny the proposal for placing the natural object under protection to the person who submitted the proposal.
(5) If based on expert opinion, it is obvious that the natural object has the prerequisites required by this Act for placing the object under protection, the proceedings for placing the natural object under protection shall be initiated pursuant to the provisions of § 9 of this Act.
§ 9. Proceedings for placing natural objects under protection
(1) The proceedings for placing a natural object under protection is initiated by the Ministry of the Environment, except in the case provided in subsection (2) of this section, taking account of the prerequisites for placing a natural object under protection provided by this Act.
(2) Placing of a natural object under local protection is initiated by the local government.
(3) The authority competent to initiate the proceedings for placing under protection shall publish a notice concerning the initiation of the proceedings for placing under protection in the official publication Ametlikud Teadaanded3 and at least one national daily newspaper and a local newspaper. A notice concerning the initiation of the proceedings for placing a natural object under protection at the local government level shall be published in the local newspaper.
(4) The notice shall include information on:
1) the natural object to be placed under protection;
2) the possibilities to examine the proposal or draft decision for placing the natural object under protection;
3) the place and time of public discussion or a proposal to decide the matter without a public discussion;
4) the term for filing objections and propositions.
(5) The authority competent to initiate the proceedings for placing under protection shall forward the notice containing the information specified in subsection (4) of this section to the local government and the owner of the immovable of the location of the natural object by registered letter.
(6) If a party to the proceedings has not filed, by the deadline for submitting objections and proposals, an objection to the proposal of the initiator of the proceedings to omit the public discussion in the matter of placing the natural object under protection, the party to the proceedings is deemed to have waived the right to discuss the matter in public.
(7) A draft decision for placing a natural object under protection together with documents obtained or prepared in the course of the proceedings which are not subject to confidentiality requirements pursuant to law shall be displayed for public examination at facilities of the environmental authority or the local government of the location of the natural object. The duration of the public display shall not be less than two weeks.
(8) The initiator of the proceedings shall respond to the written proposals and objections filed in the course of the public display within two weeks after the end of the display.
(9) After the public display, a public discussion shall be organised except in the case where no proposals or objections were filed within the term and a proposal for omit the public discussion of the matter had been made pursuant to clause (4) 3) of this section.
(10) If as the result of the public display or public discussion, the main positions expressed by the decision on placing the natural object under protection change, a new notice shall be published and a new public display shall be organised pursuant to subsections (7)-(9) of this section.
(11) The requirements provided by subsections (3)-(10) of this section do not apply to the placing under protection of species, species protection sites, fossils or minerals.
(12) The requirements of this section do not apply to placing a natural object under protection at the local government level based on a plan.
§ 10. Placing under protection of natural object
(1) An area shall be placed under protection as a protected area or a special conservation area by a regulation of the Government of the Republic.
(2) An area shall be placed under protection as a species protection site by a regulation of the Minister of the Environment.
(3) Species shall be placed under protection as species in the protected category I or II by a regulation of the Government of the Republic including a list of the species. Species whose sites are automatically placed belong under protection pursuant to subsection 50 (2) of this Act shall belong to the protected category I.
(4) Species in the protected category III shall be placed under protection by a regulation of the Minister of the Environment including a list of the species.
(5) Rare natural minerals and rare or endangered minerals found in Estonia shall be placed under protection by a regulation of the Minister of the Environment.
(6) Individual protected natural objects shall be placed under protection by a regulation of the Minister of the Environment.
(7) A natural object protected at the local government level shall be placed under protection by adopting a comprehensive plan or detailed plan conforming to the requirements of the Planning Act (RT I 2002, 99, 579; 2004, 22, 148) or by a regulation of the council. If a natural object is placed under protection without preparing a plan, a boundary description of the protected area or the location map of the protected individual object of a landscape shall be prepared, and the protection rules of the area or individual object of a landscape shall be approved.
§ 11. Decision for placing natural object under protection
(1) For the placing under protection of a natural object with a surface area:
1) the objective of placing the area under protection shall be determined:
2) the protection procedure (protection rules) of the area shall be established in the case provided for in subsection 12 (1) of this Act;
3) the boundary of the area shall be determined;
4) the administrator of the area to be placed under protection shall be appointed;
5) the map of the natural object shall be appended to the decision.
(2) For the placing under protection of a species, a list of species in that category of protection shall be prepared in Latin and Estonian.
(3) For the placing under protection of an individual natural object:
1) the objective for placing the natural object under protection shall be determined;
2) the extent of the protective zone shall be determined;
3) the administrator of the individual protected natural object shall be appointed;
4) the protection procedure shall be established.
§ 12. Protection rules
(1) The protection procedure of a protected area, species protection site or individual protected natural object shall be established by the protection rules.
(2) The protection rules shall set out the extent of one or several protective zones with equivalent or different degrees of strictness of restrictions, and determine whether the restrictions provided by this Act are applicable in part, in full, permanently or temporarily in each protective zone.
§ 13. Amendment and revocation of decision to place under protection and of protection rules
(1) The provisions of §§ 8 and 9 of this Act apply to the change in the type of the protected object, the objective of protection, the outer borders of the object, and to significant amendment of the scope or revocation of the restrictions or obligations related to the natural object set out in the protection rules.
(2) If a natural object protected at the local government level is also placed under protection as a protected area or an individual protected natural object, the natural object still remains under protection at the local level but, if the protection procedures conflict, the protection procedure for protected areas or individual protected natural objects shall apply.
Chapter 3
Organisation of Protection
§ 14. General restrictions
(1) Without the express consent of the administrator of a protected natural object, the following is prohibited within a protected area, special conservation area, species protection site or protective zone of an individual protected natural object:
1) to change the boundaries of the areas of the land use types and the intended use or uses thereof;
2) to prepare a land readjustment plan and to perform land readjustment activities;
3) to issue a forest management plan;
4) to approve a forest notification;
5) to establish a detailed plan and a comprehensive plan;
6) to grant consent for the construction of small construction works, including boat landings;
7) to issue design criteria;
8) to issue building permits.
(2) The administrator of a protected natural object shall not approve of the activity specified in subsection (1) of this section and any other activity requiring, pursuant to the protection rules, the consent of the administrator of a protected natural object if such activity is liable to interfere with achieving the objective of protecting the natural object or damage the state of the protected natural object.
(3) On approval of the activity specified in subsection (1) of this section and any other activity requiring, pursuant to the protection rules, the consent of the administrator of the protected natural object, the administrator of the object may set written requirements which, if complied with, ensure that the activity does not interfere with achieving the objective of protecting the natural object or damage the state of the protected natural object.
(4) If an activity specified in subsection (1) of this section are not been submitted for approval to the administrator of the protected natural object or the requirements set pursuant to subsection (3) of this section are not complied with, then pursuant to the provisions of the Administrative Procedure Act, the person in whose interests such activity is performed shall have no legitimate expectation as to the legality of such activity.
§ 15. Movement within territory of protected natural objects
(1) All roads and pathways within special management zones and limited management zones of protected areas or within special conservation area or leading to individual protected natural objects are must be open for public use from sunrise until sunset, and if such roads or paths exist within the territory of an immovable where a protected natural object is located, the possessor of the immovable shall ensure public access to the object during such time.
(2) Other persons are allowed to stay in a yard where an individual protected natural object is situated with the consent of the possessor of the immovable.
(3) The possessor of an immovable situated within the area of a protected natural object, or of an immovable where a protected natural object is situated has no right to prohibit the following from staying within the immovable:
1) a representative of the administrator of the protected natural object in connection with administration of the natural object;
2) a research worker who holds a certificate prepared according to the format established by the Minister of the Environment and issued pursuant to the terms established by the Minister of the Environment.
§ 16. Transfer of immovable containing natural object
(1) For the transfer or encumbrance with a real right of an immovable or a part thereof situated within a protected area or special conservation area, or containing the protection site of a species in the protected category I, the corresponding contract shall contain the following information concerning the protected natural object:
1) type and name of the natural object;
2) name of the administrator of the natural object;
3) reference to the decision to place the natural object under protection.
(2) The state has a right of pre-emption upon transfer of an immovable located within the boundaries of a shore or bank building exclusion zone, protection site of a species in the protected category I, limited management zone of an individual protected natural object, protected area or special conservation area.
(3) A right of pre-emption does not apply in cases where an immovable is transferred to the owner's spouse, descendants, parents or their descendants, or grandparents or their descendants.
(4) Within three days after certifying a transaction for the transfer of an immovable or a part thereof, the notary shall submit the transaction document to the Ministry of the Environment at the transferor's expense.
(5) Based on an unattested application by the administrator of a protected area, special conservation area or individual protected natural object, a notation shall be entered in the land register that the immovable is encumbered with the right of pre-emption of the state. The validity of the right of pre-emption shall not depend on the entry of a corresponding notation in the land register.
(6) The Minister of the Environment or a person authorised by the Minister exercises the right of pre-emption in the name of the state.
§ 17. Necessary activities within protected natural object
(1) The activities necessary within the area of a protected natural object hosting semi-natural biotic communities are activities which promote natural aspect and species composition thereof, such as mowing, grazing, and designing, thinning or deforestation of tree and shrub layers, the extent of which shall be determined, in the case of a special conservation area, by a management plan and in the case of other protected natural objects, by protection rules.
(2) Areas hosting semi-natural biotic communities are areas hosting communities of natural biota, such as wooded meadows, alvars, paludified meadows, fen meadows, coastal meadows, flooded meadows, meadows in river valleys, dry meadows, flooded meadows, grasslands on mineral soils, wooded pastures which have developed in the course of long-term human activity, such as grazing or mowing.
(3) Activities necessary for restoring natural forest and mire community swamp within a protected area, such as ditch blocking, felling gaps or mineralizing the ground, may be ordered by the protection rules.
(4) Cutting may be ordered within a protected area by the protection rules as an activity necessary for clearing particular views.
(5) Restrictions for the size of cutting areas and the density grade of canopy cover provided by the Forest Act (RT I 1998, 113/114, 1872; 1999, 54, 583; 82, 750; 95, 843; 2000, 51, 319; 102, 670; 2001, 50, 282; 2002, 61, 375; 63, 387; 2003, 88, 594; 2004, 9, 53) and legislation established on the basis thereof do not apply for the necessary forestry activities ordered by the protection rules.
(6) The administrator of a protected natural object, except the administrator of a natural object protected at the local government level, may grant the owner or possessor of an immovable located within the boundaries of the protected natural object use without charge of a movable owned by the state for the performance of necessary activities arising from the protection procedure or management plan of the protected natural object.
(7) The provisions concerning the grant of use of state assets of the State Assets Act (RT I 1995, 22, 327; 1996, 36, 738; 40, 773; 48, 942; 81, 1446; 1997, 45, 724; 1998, 30, 409; 1999, 10, 155; 16, 271; 2000, 39, 239; 49, 306; 51, 319; 2001, 7, 17; 93, 565; 2002, 53, 336; 64, 393; 2003, 13, 69; 2004, 24, 166) do not apply to the grant of use without charge of movables owned by the state. A contract for grant of use shall be concluded between the administrator of the protected natural object and the person using the immovable which shall set out at least the following:
1) the types of movables dispatched to the ser, their numbers in the register of state assets and the number of things by type;
2) the name, and residence or seat of the user;
3) the term of the contract;
4) the time of transfer of the things and the term of and procedure for their return;
5) the obligation to insure and the extent of required insurance coverage;
6) the obligation to maintain the thing dispatched to the user in good working order, and to replace or repair the thing;
7) the bases for premature termination of the contract;
8) the terms, description and technical requirements for the necessary activity arising from the protection procedure:
9) the intended purpose of the thing dispatched to the user.
(8) If the possessor of the immovable refuses to perform the necessary work prescribed by the protection rules or fails to reach an agreement with the administrator of the protected natural object, the possessor has no right to prevent the administrator from arranging such work.
(9) In the case specified in subsection 8 of this section, necessary work to the extent determined by the protection rules shall be carried out by the administrator of the protected natural object at the expense of the state, except if the natural object has been placed under protection at the local government level.
(10) Performance of work necessary for preservation of semi-natural biotic communities of protected areas, special conservation areas or species protection sites is not deemed to be economic activities or business.
(17.6.2004 entered into force 18.7.2004 - RT I 2004, 53, 373)
§ 18. Nature conservation support
(1) Nature conservation support is paid for performance of work specified by the protection rules or management plan necessary for preservation of semi-natural biotic communities of protected areas, special conservation areas or species protection sites.
(2) Possessors of immovables have the right to apply for nature conservation support.
(3) The procedure for application for nature conservation support, review of applications and payment of support, the requirements for payment of support, and the rates of support shall be established by a regulation of the Minister of the Environment.
(4) Nature conservation support is not paid if:
1) the person who is performing the work fails to comply with the contract concluded for obtaining the support, or the result of the nature conservation work does not meet the requirements established by the contract or legislation;
2) the person who is performing the work has submitted inaccurate information upon application for nature conservation support;
3) no funds are prescribed by the state budget of the current year for payment of nature conservation support to a land unit which ranks lower in the priority list of applications, or
4) the activity is to be carried out within a parcel of land with regard to which damage caused by protected animals or migratory birds during the current year is compensated pursuant to subsection 61 (1) of this Act.
(5) Payment of nature conservation support is based on a contract entered into between the person performing the work and a person duly authorised by the Minister of the Environment, and the work performed in conformance with the requirements of such contract.
§ 19. Exchange of immovable containing protected natural object
(1) An immovable which contains an individual protected natural object or is located, as a whole, within the territory of a protected area, special conservation area or species protection site and whose use for its intended purposes is significantly hindered by the protection procedure may be exchanged for an immovable owned by the state based on an agreement between the state and the owner of the immovable.
(2) If an immovable is not is located, as a whole, within the territory of a protected area, special conservation area or species protection site or if its size exceeds the territory of the limited management zone of an individual protected natural object, the part of the immovable located within the protected area, special conservation area or species protection site may be exchanged for an immovable owned by the state based on an agreement between the state and the owner of the immovable. If the part of the immovable mentioned larger than two thirds of the total area of the immovable, the whole immovable may be exchanged based on an agreement between the state and the owner of the immovable.
(3) The exchange of the immovables shall be based on their value. Considering the specific ecological value of the exchanged immovable, the usual value of the immovable to be transferred to a person in public law may exceed, with the consent of the Government of the Republic, the usual value of the immovable to be transferred to the state.
(4) Exchange of an immovable may be initiated by the owner of an immovable, the administrator of a protected natural object or the Minister of the Environment. The Minister of the Environment shall decide on exchange of immovables. The costs related to the exchange of immovables shall be covered by the state.
(5) The procedure for exchange of immovables and the bases for evaluating of essential parts of immovables shall be established by a regulation of the Government of the Republic.
§ 20. Acquisition of immovable containing protected natural object
(1) An immovable which contains an individual protected natural object or is located, as a whole, within the territory of a protected area, special conservation area or species protection site and whose use for its intended purposes is significantly hindered by the protection procedure may be acquired, based on a decision of the Government of the Republic, by the state for a charge equivalent to the usual value of the immovable if the owner of the immovable agrees.
(2) The proceedings for acquisition of an immovable may be initiated by the Minister of the Environment or a person authorised by the Minister.
(3) The procedure for acquisition, for the state, of immovables containing protected natural objects shall be established by a regulation of the Government of the Republic.
§ 21. Administrator of protected natural objects
(1) The protection of a protected area, special conservation area, species protection site, protective zone of an individual protected natural object or natural object protected at the local government level shall be organised by the administrator of the protected natural object.
(2) A state authority or environmental authority authorised, pursuant to the procedure provided by this Act, to administer a protected area, special conservation area, protective zone of an individual protected natural object shall act as administrator of such object.
(3) The environmental authority of the location of a species protection site shall act as administrator of the species protection site.
(4) The local government which decided on placing a natural object specified in subsection 4 (7) of this Act, or a rural municipality or city agency authorised thereby to administer the object shall act as the administrator of such object.
(5) A state agency administered by a government authority which is appointed to act as administrator of a protected area has the right to exercise the executive powers arising from this Act.
§ 22. Administration of protected natural objects
(1) Administration of a protected natural object shall include:
1) organisation of activities arising from this Act, protection rules or management plan;
2) issue of a permit for use of the environment on the basis determined by this Act and the protection rules, and setting conditions for the issue of the permits;
3) participation in public disputes for assessing plans or environmental impact liable to affect the protected natural object, and setting conditions for planned activities liable to affect the protected natural object;
4) organisation of nature education and introduction of the protected natural object;
5) monitoring of compliance with the requirements provided by this Act and the protection rules, and notification of the Environmental Inspectorate of discovered violations.
(2) The administrator of a protected natural object has the right to organise the activities provided by the protection rules and planned by the management plan based on a contract concluded with a local government, landowner or other person or based on an agreement with another state agency.
§ 23. Marking of protected natural objects
(1) A protected area, special conservation area, individual protected natural object or natural object protected at the local government level shall be marked such that the location of the protected natural object could be reasonably understandable at the site.
(2) The protected natural object shall be marked by the administrator of the natural object.
(3) The procedure for marking protected natural objects and the markings to be used shall be established by a regulation of the Minister of the Environment.
§ 24. Protection obligation notice
(1) A protection obligation notice is a document issued for information purposes to the owner of an immovable which contains a protected area, special conservation area, species protection site, individual protected natural object or habitat of a species in the protected category I, or whose immovable is located within such areas, or to the possessor of such areas concerning whom a corresponding entry has been made in the land register, a person or agency duly authorised by an administrator of state assets (hereinafter possessor).
(2) A protection obligation notice shall contain:
1) information concerning the protected natural object, the name of the authority which placed it under protection and the date of placing it under protection;
2) the objective for placing the natural object under protection;
3) information concerning the administrator of the protected area, special conservation area, species protection site or individual protected natural object;
4) a list of restrictions provided by this Act or legislation issued on the basis thereof.
(3) A protection obligation notice shall be issued by the administrator of the protected natural object within six months after entry into force of the decision to place the natural object under protection.
(4) A protection obligation notice shall be delivered against a signature or sent by registered letter.
(5) In case the possessor of a protected natural object changes, a protection obligation notice shall be issued to the new possessor within two months the change of possessor.
(6) In the event of alteration of the protection procedure, a new protection obligation notice shall be issued to the possessor of the immovable within six months thereof.
(7) The Ministry of the Environment shall issue a protection obligation notice within one month after being informed of the detection of a habitat of a species in the protected category I.
§ 25. Management plan
(1) For the purpose of organising the protection of protected areas, except for parks, arboreta, forest stands and special conservation areas, a management plan shall be prepared which shall set out:
1) the significant environmental factors and their impact to the natural object;
2) the objectives of protection, work necessary to reach the objectives, and the priority, schedule and volume of work;
3) a budget for accomplishing the plan.
(2) The Minister of the Environment shall approve the management plan which shall be published on the website of the Ministry of the Environment.
Chapter 4
Protected Areas
§ 26. National parks
(1) A national park is a protected area prescribed for the preservation, protection, restoration, research and introduction of the natural environment, landscapes, cultural heritage and balanced use of the environment of the protected area.
(2) The following are national parks of Estonia:
1) Lahemaa National Park, intended for the protection of the natural and cultural heritage of the coastal landscapes of Northern Estonia;
2) Karula National Park, intended for the protection of the natural and cultural heritage of the hilly moraine landscapes of Southern Estonia;
3) Soomaa National Park, intended for the protection of the natural and cultural heritage of the mire landscapes and floodplain landscapes of transition zone of Estonia (Estonia intermedia);
4) Vilsandi National Park, intended for the protection of the natural and cultural heritage of the coastal landscapes of the Western Estonian archipelago;
5) Matsalu National Park, intended for the protection of the characteristic biotic communities of Western Estonia and of the natural and cultural heritage of the Väinameri Sea region.
(3) A national park may include strict nature reserves, special management zones and limited management zones.
§ 27. Nature conservation area
(1) A nature conservation area is a protected area prescribed for the preservation, protection, restoration, research and introduction of the natural environment.
(2) The zones possible in a nature conservation area are the strict nature reserve, special management zone and limited management zone.
§ 28. Landscape protection area (nature park)
(1) A landscape protection area is an area prescribed for the preservation, protection, restoration, research, introduction and regulation of use of landscapes of the protected area.
(2) A park, arboretum and forest stand are special types of landscape protection area.
(3) The zones possible in a landscape protection area are the special management zone and limited management zone.
§ 29. Strict nature reserve
(1) A strict nature reserve is a land or water area of a protected area whose natural status is unaffected by direct human activity and where the preservation and development of natural biotic communities is ensured only through natural processes.
(2) All types of human activity is prohibited within a strict nature reserve, and persons are prohibited from staying in such reserves, except in cases specified in subsections (3) and (4) of this section.
(3) Persons may stay in a strict nature reserve only for the purposes of supervision, rescue work or administration of the natural object.
(4) People may stay in a strict nature reserve for the purpose of monitoring and assessment of the status of the natural object only with the consent of the administrator of the protected area.
§ 30. Special management zone
(1) A special management zone is a land or water area of a protected area prescribed for the preservation of natural and semi-natural biotic communities established or to be developed therein. Mineral resources present within a special management zone are not deemed to be resources intended for exploitation.
(2) Unless otherwise provided by the protection rules, the following shall be prohibited within a special management zone:
1) economic activities;
2) use of natural resources;
3) erection of new construction works;
4) staying of persons in the habitats of protected species and staging posts of migratory birds;
5) driving motor vehicles, off-road vehicles or floating vessels;
6) camping, building fires and organising public events.
(3) The prohibition established by clauses (2) 4) and 5) of this section does not extend to supervision and rescue work, activities related to the administration of the natural object, and to research carried out with the consent of the administrator of the protected area.
(4) The following may be permitted by the protection rules in the special management zone as activities necessary for the preservation of the object or activities which do not harm the object:
1) maintenance work on existing land improvement systems and restoration of the water regime;
2) development of biotic communities in adherence to the objective of protection;
3) gathering of berries, fungi and other forest by-products;
4) hunting activities;
5) fishing activities;
6) erection of roads, utility works or non-production construction works for servicing an immovable located within the protected area, or the protected area, and maintenance of existing construction works;
7) activities necessary for guaranteeing the preservation of the characteristic features and species composition of semi-natural biotic communities, and activities for preservation of the living conditions of protected species;
8) gathering of reed and seaweed.
§ 31. Limited management zone
(1) A limited management zone is a land or water area of a protected area where economic activities are permitted, taking account of the restrictions provided by this Act.
(2) Unless otherwise provided by the protection rules, the following shall be prohibited within a limited management zone:
1) construction of new land improvement systems;
2) altering the water levels and shorelines of bodies of water, and creation of new bodies of water,
3) extraction of mineral resources and earth substances;
4) design of pure stands and planting of energy forests;
5) regeneration cutting;
6) training of crowns of trees and bushes, and cutting of woody plants without the consent of the administrator of the protected area;
7) use of biocides and plant protection products;
8) erection of construction works, including temporary construction works, and altering the exterior structure of construction works located in a national park;
9) hunting and fishing activities;
10) driving motor vehicles, off-road vehicles or floating vessels, except for the performance of work necessary for the maintenance of line facilities, and for forestry work or agricultural work in profit yielding land;
11) camping, building fires and organisation of public events in locations not intended for such purposes and unmarked by the administrator of the protected area;
12) gathering of reed on unfrozen ground.
(3) An obligation to preserve the species and age diversity within biotic communities and a prohibition on haulage and transportation of timber out of the zone if the ground is not frozen may be established by the protection rules.
(4) Restrictions different than those provided by the Forest Act may be established by the protection rules with regard to the size and form of cutting areas and the composition of a forest within a limited management zone necessary for the preservation of a biotic community or protected species within the zone.
Chapter 5
Special Conservation Areas
§ 32. Special conservation area
(1) A special conservation area is established with the aim to ensure the favourable conservation status of wild fauna, flora and fungi unless it has been ensured by any other method provided by this Act.
(2) Destruction or harming of the habitats for the protection of which a special conservation area was formed, significantly disturbing the protected species, and all activities which are likely to endanger the favourable conservation status of the habitats and protected species are prohibited within a special conservation area.
(3) Logging activities are prohibited within a special conservation area if such activities are likely to harm the structure and functions of the protected habitats or endanger the preservation of species typical to the habitats.
(4) The objective of establishment of a special conservation area shall be taken account of upon the processing of forest in compliance with the Forest Act. The administrator of a special conservation area may impose an obligation to:
1) perform planned logging at a determined time,
2) use designated technologies for performance of planned logging.
(5) The impact of activities planned within a special conservation area on the status of habitats and species shall be evaluated in the course of environmental impact assessment or pursuant to the procedure provided in § 33 of this Act.
§ 33. Notification concerning special conservation area
(1) The possessor of an immovable located within the boundaries of a special conservation area shall submit a notification to the administrator of the special conservation area if the following activities are planned:
1) construction of a road;
2) removal of natural rock or soil;
3) altering the water level and shoreline of bodies of water, and creation of new bodies of water;
4) use of biocides and plant protection products;
5) cultivation of natural and semi-natural grasslands;
6) cutting of trees located within areas which have the characteristics of a wooded meadow;
7) construction and reconstruction of land improvement systems.
(2) The notification shall include the description, volume and schedule of the planned work, and a map of the area where the work is to be performed.
(3) The notification shall be submitted to the administrator of the special conservation area at least one month before commencement of the work in one of the following manners:
1) personal delivery;
2) sending by post by registered mail;
3) by electronic message bearing a digital signature.
(4) A notification is deemed to be submitted as of the date of sending thereof or the date of registration thereof by the administrator of the special conservation area on the basis of the date stamp or time stamp, correspondingly.
(5) The administrator of the special conservation area shall evaluate the compliance of the planned activities with the requirements provided in § 32 of this Act within one month after the date of submission of the notification. The administrator of the special conservation area shall:
1) approve the notification and return it to the person who submitted it, if the administrator permits the performance of the planned work;
2) inform the person who submitted the notification of the conditions in adherence to which the work must be performed, or
3) prohibit any work which endangers the preservation of the favourable conservation status of the protected species or habitats present within the special conservation area for the guarantee of which the special conservation area was established.
(6) The format of notifications concerning special conservation areas, and the procedure for approval, review and return thereof shall be established by a regulation of the Minister of the Environment.
(7) The obligation to submit the notification provided in subsection (1) of this section does not apply in cases where work is performed within parcels of land located within residential land or yards of immovables used as profit yielding land.
Chapter 6
Shores and Banks
§ 34. Objective of protection of shores and banks
The objective of protection of shores and banks is to preserve the natural biotic communities present on the shores and banks, to curb the harmful impact of human activity, to promote human settlement systems which consider the specific character of the shores and banks, and to ensure unrestricted movement within and unrestricted access to the territories thereof.
§ 35. Restrictions on use of shores and banks
(1) The following are zones within the area of a shore or bank:
1) the limited management zone of the shore or bank;
2) the building exclusion zone of the shore or bank;
3) the water protection zone of the shore or bank.
(2) The baseline for calculation of the width of the zones specified in subsection (1) of this section is the boundary of the water-body (the ordinary boundary of water) entered in the base map.
(3) The high water boundary is the contour line located 1.5 metres higher on the seashore than the ordinary water boundary. With respect to internal water bodies with extended areas of potential flooding, the high water boundary shall be determined pursuant to the procedure established by the Minister of the Environment. The list of internal water bodies with extended areas of potential flooding shall be established by a regulation of the Minister of the Environment.
(4) The limited management zone, water protection zone and building exclusion zone of the shore or bank of a water body with areas of repeated flooding shall consist of the flooded area and the width of the zone provided in §§ 37 to 39 of this Act.
(5) On shore or bank terraces higher than five meters and located less than 200 meters from the water boundary, the limited management zone, water protection zone and building exclusion zone of the shore or bank shall consist of the area below the terrace extending to the water boundary and the width of the zone provided in §§ 37 to 39 of this Act.
§ 36. Guarantee of unrestricted passage and access
(1) The possessor of an immovable located on a shore or bank is required to guarantee unrestricted passage of humans and animals to shore paths within the meaning of § 10 of the Water Act (RT I 1994, 40, 655; 1996, 13, 241; 1998, 2, 47; 61, 987; 1999, 10, 155; 54, 583; 95, 843; 2001, 7, 19; 42, 234; 50, 283; 94, 577; 2002, 1, 1; 61, 375; 63, 387; 2003, 13, 64; 26, 156; 51, 352).
(2) Local governments are required to guarantee, by comprehensive plans or detailed plans, public means of access to shore paths.
§ 37. Limited management zones of shores and banks
(1) The width of limited management zones of shores and banks shall be:
1) 200 meters on the shores of the Baltic Sea, Lake Peipus, Lake Lämmijärv, Lake Pskov and Lake Võrtsjärv;
2) 100 meters on the banks of lakes and reservoirs with an area of more than ten hectares, rivers with a catchment area of more than 25 square kilometres, brooks, artificial recipients of land improvement systems, canals or water ducts;
3) 50 meters on the banks of lakes and reservoirs with an area of up to ten hectares, rivers with a catchment area of up to 25 square kilometres, brooks, artificial recipients of land improvement systems, canals or water ducts, except for drainage ditches and main sewers, and springs.
(2) The objective for protecting forests located within the limited management zones of shores and banks is the protection of the water and soil, and the preservation of suitable conditions for recreation. Clean cutting is not permitted within the limited management zones of shores.
(3) The following is prohibited within the limited management zones of shores and banks:
1) land treatment by sewage sludge;
2) establishment of burial sites;
3) construction and expansion of facilities prescribed for waste processing or storage, except in the territory of ports;
4) division of land into plots without an adopted detailed plan;
5) extraction of mineral resources and earth substances;
6) driving motor vehicles outside of roads and paths prescribed for such purposes, and driving all terrain vehicles, except for the performance of maintenance work in green areas of densely populated areas, transportation of water craft needed for fishing activities by persons holding the right to fish for recreation or as a professional activity, and for forestry work and agricultural work on profit yielding land.
§ 38. Building exclusion zones of shores and banks
(1) The width of building exclusion zones of shores and banks shall be:
1) 200 meters on the sea coast within Narva-Jõesuu city limits, and on the sea-islands;
2) 100 meters on the sea coast, and the shores Lake Peipus, Lake Lämmijärv, Lake Pskov and Lake Võrtsjärv;
3) 50 meters on the banks of water bodies within cities and towns, and in clearly defined built up areas of small towns and villages (hereinafter densely populated areas), except in the case provided in clause 5) of this section;
4) 50 meters on the banks of lakes and reservoirs with an area of more than ten hectares, rivers with a catchment area of more than 25 square kilometres, brooks, artificial recipients of land improvement systems, canals or water ducts;
5) 25 meters on the banks of lakes and reservoirs with an area of up to ten hectares, rivers with a catchment area of up to 25 square kilometres, brooks, artificial recipients of land improvement systems, canals or water ducts, except for drainage ditches and main sewers, and springs.
(2) On forest land of shores, and banks of lakes and rivers, the building exclusion zone shall extend to the boundary of the limited management zone of the shore or bank.
(3) Construction of new buildings and civil engineering works is prohibited within the building exclusion zones of shores and banks.
(4) The building ban does not extend to:
1) new buildings to be constructed in the yards of existing buildings in densely populated areas which are not located within a water protection zone;
2) civil engineering works prescribed for fortification of banks;
3) civil engineering works necessary for servicing a bathing area;
4) land improvement systems, except for polders;
5) initial extension of existing construction works if the volume of the extension is less than one third of the cubature of the existing construction works;
6) boundary fences.
(5) The building ban does not extend to the following areas concerning which an adopted detailed plan or adopted comprehensive plan exists:
1) construction works related to surface water intakes;
2) construction works in ports and civil engineering works related to water traffic;
3) civil engineering works prescribed for fortification of shores,
4) construction works of hydrographical services and monitoring stations;
5) construction works in connection with fish farming;
6) construction works in connection with national defence, border guard and rescue service;
7) erection of new construction works in the building exclusion zones of densely populated areas in the direction of land from the established building line between existing construction works;
8) utility networks and technical infrastructure;
9) bridges;
10) public roads and streets;
11) railways.
(6) Boat landings may be built on shores and banks unless this not contrary to the objectives for protecting shores and banks and subsection 8 (2) of the Water Act.
(7) Construction within protected areas is regulated by the protection rules of the protected area.
(8) Construction within special conservation areas is regulated, in addition to the provisions of this Act concerning special protected areas, also by this Chapter.
(9) If a local government allows building within the building exclusion zone of a shore or bank contrary to the provisions of this section, then pursuant to the provisions of the Administrative Procedure Act, the person who was issued the building permit or in whose interest the building is performed shall have no legitimate expectation as to the legality of the building.
§ 39. Water protection zones of shores and banks
The extent of and restrictions to water protection zones of shores and banks are provided by the Water Act.
§ 40. Extension and reduction of building exclusion zones of shores and banks
(1) Considering the objectives for protection of a shore or bank and based on the flora, relief, boundaries of land parcels and immovables, existing road and utility networks and established patterns of settlement, the building exclusion zone of a shore or bank may be extended or reduced.
(2) Local governments may extend the building exclusion zone of a shore or bank by a comprehensive plan.
(3) Building exclusion zones shall be reduced with the consent of the Minister of the Environment.
(4) For reduction of a building exclusion zone, the local government shall submit to the Minister of the Environment an application together with:
1) the comprehensive plan adopted pursuant to the Planning Act;
2) an adopted detailed plan including a proposal for amendment of the comprehensive plan adopted pursuant to the Planning Act;
3) a detailed plan adopted pursuant to the Planning Act, in the absence of an adopted comprehensive plan.
(5) The Minister of the Environment shall assess the compliance of the reduction of the building exclusion zone to the objectives for protection of the bank or shore, and to the provisions of subsection (1) of this section.
(6) Extension or reduction of a building exclusion zone shall enter into force upon entry into force of the adopted comprehensive plan or detailed plan.
§ 41. Formation of new densely populated areas and expansion of existing densely populated areas
(1) It is prohibited to form new densely populated areas within the building exclusion zones of shores and banks. Exceptions to the above may be made by the Government of the Republic on proposal of a local government.
(2) Existing densely populated areas situated on shores or banks shall be expanded on the basis of existing comprehensive plans.
(3) A local government wishing to form a new densely populated area shall organise the public display of the corresponding general plan and, if the plan passes the public display, shall submit an application to this effect together with the opinion of the person exercising supervision over the plan, after which permission for formation of a new densely populated area may be granted to the local government pursuant to the Planning Act. The Ministry of the Environment shall forward the application of the local government to the Government of the Republic together with the opinion of the Ministry on the matter.
(4) In granting of permission or refusal to grant permission, the objectives for protection of the shore or bank shall be taken into consideration.
(5) Densely populated areas situated in building exclusion zones of small towns or villages shall be expanded only on the basis of adopted comprehensive plans.
§ 42. Use of shores and banks as bathing areas
(1) A bathing area is an area determined by the comprehensive plan situated by a body of water established with the main objective of provision of recreational activities to persons.
(2) No fees shall be charged for staying in a bathing area.
(3) The procedure for use and maintenance of bathing areas shall be established by the local government.
(4) The character and location of civil engineering works servicing a bathing area shall be established by the local government by a comprehensive plan or, in the absence thereof, by a detailed plan.
(5) Bathing areas have no water protection areas.
Chapter 7
Nature Conservation on Local Government Level
§ 43. Nature conservation on local government level
The objective for nature conservation on the local government level is the determination by local governments of the conditions for the protection and use of valuable landscapes representing the specific character of the natural and cultural environment, settlement patterns or land use, or individual features of such landscapes.
§ 44. Protection procedure
(1) The protection procedure provided by § 31 of this Act which may also be mitigated by the protection rules or a plan applies to lands placed under local protection.
(2) A protected zone extending to the distance of 50 meters from an individual feature of a landscape shall be formed around the feature unless a smaller area has been provided upon placing the feature under protection. The protection procedure provided in § 31 of this Act which may also be mitigated by the protection rules or a plan applies to the protected zone.
§ 45. Cutting of trees in densely populated areas
Single trees growing within a densely populated area, except for forests as defined by the Forest Act, shall only be cut based on a permission of the local government. The conditions and procedure for granting permission shall be established by the local government.
Chapter 8
Species
§ 46. Protected categories of species
(1) The following shall be included in the protected category I:
1) species which are rare in Estonia, are located within restricted geographical areas, in few habitats, in isolation or whose population is thinly scattered over a more extensive range;
2) species which are in danger of disappearance, whose population been reduced as a result of human activity, whose habitats have been damaged to a critical point and whose extinction in the Estonian wild is likely if the adverse impact of the danger factors continue.
(2) The following shall be included in the protected category II:
1) species which are in danger due to their small or reducing populations and whose range in Estonia is reducing due to overexploitation, destruction or damaging of habitats;
2) species which are likely to exposed to danger of being destroyed if the existing environmental factors continue operating.
(3) The following shall be included in the protected category III:
1) species whose population is endangered by the destruction or damaging of habitats and has been reduced to a point where they are believed to move into the endangered category if the causal factors continue operating;
2) species which were included in the protected category I or II but which, due to application of necessary protective measures, do not experience a danger of destruction.
§ 47. Definition of specimen
(1) For the purposes of this Act, a specimen shall mean an animal, plant or fungus of any stage of development, or any identifiable part of a plant or fungus.
(2) For the purposes of § 59 of this Act, a specimen shall mean an animal, plant or fungus of any stage of development, or any identifiable part of a plant or fungus as well as derivatives and any other goods which appear, from an accompanying document, the packaging or a mark or label, or from any other circumstances, to be parts or derivatives of animals, plants or fungi of a species included in a protected category.
§ 48. Ensuring favourable conservation status of species
(1) The protection of all known habitats of species in the protected category I shall be ensured by formation of protected areas and special conservation areas or determination of species protection sites.
(2) The protection of at least 50 per cent of known habitats of the protected category II entered in the environmental register shall be ensured by formation of protected areas and special conservation areas or determination of species protection sites based on the representativity of the areas and sites.
(3) The protection of at least 10 per cent of known habitats of the protected category III entered in the environmental register shall be ensured by formation of protected areas and special conservation areas or determination species protection sites based on the representativity of the areas and sites.
(4) In habitats of species in the protected categories II and III which have not been differentiated, individual specimens of such species shall be protected.
§ 49. Action plan for protection and control of species
(1) An action plan shall be prepared for:
1) organisation of protection of a species in the protected category I;
2) ensuring the favourable conservation status of a protected species, if the results of the species inventory indicate that the current measures fail to do so, or if prescribed by international obligation;
3) controlling a species if the results of the species inventory indicate a significant negative impact to the environment caused by the increase in the population of the species, or a danger to the health or property of persons.
(2) An action plan shall include:
1) biological data, population dynamics data and information on the range of the species;
2) conditions for guaranteeing the favourable conservation status of an endangered species;
3) risk factors to the species;
4) the objective for protection or control;
5) the priority of measures for achieving a favourable conservation status or controlling of the species, and a schedule for application thereof;
6) the budget for organisation of protection or control.
(3) The action plan shall be established by the Minister of the Environment.
(4) The action plan shall be published on the website of the Ministry of the Environment.
§ 50. Protection of species protection sites
(1) The protection procedure provided in § 30 or 31 of this Act determined pursuant to subsection 10 (2) of this Act applies in species protection sites.
(2) Unless a site of a protected species specified in this section, except for unoccupied artificial nests, has been determined pursuant to subsection 10 (2) of this Act, the following shall be deemed to be a species protection site:
1) nesting tree of a flying squirrel, and the surrounding area within the radius of 25 meters;
2) nesting tree of a white-tailed eagle, short-toed eagle or osprey, and the surrounding area within the radius of 200 meters;
3) nesting tree of a greater spotted eagle or black stork, and the surrounding area within the radius of 250 meters;
4) nesting tree of a lesser spotted eagle, and the surrounding area within the radius of 100 meters;
5) nesting tree of a golden eagle, and the surrounding area within the radius of 500 meters;
6) nesting tree of a mixed couple of a greater spotted eagle and lesser spotted eagle, and the surrounding area within the radius of 250 meters.
(3) A person who finds such nesting tree is required to inform the local environmental authority within one twenty-four-hour period of the finding.
(4) If the protection procedure of a species specified in this section has not been determined pursuant to subsection 10 (2) of this Act, then the protection procedure provided in § 30 of this Act applies to the species protection site of a flying squirrel, golden eagle, white-tailed eagle, short-toed eagle, osprey, greater spotted eagle, lesser spotted eagle or black stork as of the time of finding the nesting tree.
(5) If the site of a protected species specified in this section has not been determined pursuant to subsection 10 (2) of this Act, persons are prohibited to stay within the species protection site of a golden eagle or white tailed eagle from 15 February to 31 July, and within the site of the species protection site of a short-toed eagle, osprey, greater spotted eagle, lesser spotted eagle or black stork from 15 march to 31 August.
(6) The restrictions connected to species protection sites provided by subsections (4) and (5) do not apply to residential land, agricultural land or yards of immovables used as profit yielding land, and to public roads.
(7) Persons are allowed to stay within a species protection site during the time of the ban on movement for educational or research-related filming, photography or audio recording activities with the permission of the Minister of the Environment provided that such activity does not pose a danger to a specimen of the protected species.
(8) The administrator of a species protection site has the right to organise work pursuant to the protection procedure or action plan based on a contract entered into with the local government, land owner or another person.
§ 51. Protection of spawning sites
(1) On bodies of water approved as spawning sites or habitats of salmon, brown trout, salmon trout or grayling, or sections of such water bodies, it is prohibited to build new dams and to reconstruct existing dams to the extent which would raise the level of water, and to alter the natural bed or water regime of the water body.
(2) The list of spawning sites or habitats of salmon, brown trout, salmon trout or grayling shall be established by a regulation of the Minister of the Environment.
§ 52. Protection of migratory routes
(1) Upon construction work, living and moving conditions which are as safe as possible shall be ensured to the specimens of protected species.
(2) In order to protect the migratory routes of animals, the Minister of Economic Affairs and Communications has the right to establish temporary restrictions of traffic at the proposal of the Minister of the Environment.
§ 53. Disclosure of information
(1) It is prohibited to disclose the specific location of the habitats of specimens of species in the protected categories I and II in the media.
(2) The specific location of a species protection site shall not be disclosed in the notice published in the Riigi Teataja concerning the placing under protection of the species protection site.
§ 54. Improvement of living conditions of species
The intended improvement of the living conditions of specimens of protected species is permitted only based on the action plan specified in § 49 of this Act or based on the management plan specified in § 25 of this Act.
§ 55. Killing, damaging or disturbing specimens
(1) Intentional killing of a specimen of a protected species is prohibited.
(2) Killing of a specimen of an animal species in the class Mammalia in the protected category I is permitted:
1) if the animal directly endangers the life or health of a person and the attack cannot be prevented or controlled in any other manner;
2) in the interests of public safety.
(3) Killing of a specimen of an animal species in the protected category II or III is permitted:
1) if the animal directly endangers the life or health of a person and the attack cannot be prevented or controlled in any other manner;
2) in the interests of public safety;
3) in the interests of air safety;
4) if it is necessary to prevent damage to important agricultural crops or farm animals, fish farming or other important assets;
5) educational or research purposes.
(4) In the event specified in clause (3) 1) of this section, the local environmental authority or the Environmental Inspectorate shall be informed in writing of the killing of the animal within one working day.
(5) In the events specified in clauses (3) 2)-5) of this section, specimens of animal species shall be killed based on a permit issued by the Minister of the Environment. The permit shall set out the species and number of specimens to be killed, permitted methods and means of killing and a specific description of the specimens, as possible.
(6) It is prohibited to capture or intentionally disturb specimens of protected species during the breeding, brood rearing, wintering or migration season, except in the cases specified in subsections 58 (4) or (5) of this Act.
(7) Damaging of plants and fungi included in the protected categories I and II, including gathering or destroying thereof, is prohibited. Application of measures prescribed by the action plan specified in § 49 of this Act is not deemed to be intentional damaging.
(8) It is prohibited to destroy or gather from the nature the wild plants, fungi and invertebrate animals in the protected category III to the extent which is likely to pose a danger to the preservation of the species in the habitat.
(9) The list of animal species in the protected category III, specimens of which may be killed outside of areas delimited for the purpose of protection of the species, shall be established by a regulation of the Minister of the Environment.
(10) Specimens of animal species which do not belong to a protected species or wild game and which cause damage to property or health such as rodents, insects, snails or mites may be killed for property or health protection purposes.
§ 56. Transactions with specimens of protected species
(1) For the purposes of this Act, a transaction with a specimen of a protected species shall mean purchase, bidding, acquisition with the aim to receive income, exploitation, sale, keeping at a place of sale, transportation with the aim to sell, offer to sell or any other manner of use for the purposes of receiving income.
(2) Transactions with specimens of species in the protected categories I, II and III, except their brood reared in artificial conditions, are prohibited.
(3) Possession of specimens of species in the protected category I and transactions involving such specimens shall be recorded in the environmental register.
(4) The procedure for registration specified in subsection (3) of this section shall be established by a regulation of the Minister of the Environment.
§ 57. Non-native species
(1) It is prohibited to introduce live specimens of non-native species in the wild, and to plant or sow non-native plants in the wild.
(2) The Minister of the Environment shall establish, by a regulation, a list of non-native species likely to disrupt natural balance, live specimens of which shall not be brought into Estonia for the purposes of rearing or keeping.
(3) Controlling the abundance of a non-native species accidentally released in the wild shall be organised by the relevant environmental authority.
(4) Specimens of non-native species kept in artificial conditions may be relocated for keeping in artificial conditions in another location with the permission of the environmental authority of the location from where the animals are relocated, and the environmental authority of the location where the animals are to be introduced.
(5) It is prohibited to rear specimens of non-native species which are likely to disrupt natural balance in artificial conditions, except in cases which can be justified from a scientific point of view with the permission of the Minister of the Environment.
§ 58. Introduction to and removal from wild of native species
(1) It is prohibited to release live specimens of native species brought in from other countries in the wild, except in the case of scientifically justified reintroduction with the permission of the Minister of the Environment.
(2) Animals of native species may be relocated with the permission of the environmental authority of the location from where the animals are relocated, and the environmental authority of the location where the animals are to be introduced.
(3) Release to the wild of specimens of native species of animals kept in an artificial environment shall be carried out only on the basis of the action plan specified in § 49 of this Act, except in the case of release to the wild of specimens kept in an artificial environment for the purpose of treatment of injuries or restoration of the vitality thereof.
(4) Removal of specimens of protected species from the wild is prohibited, except for treatment of injuries, and in the cases specified in subsection (5) of this section.
(5) Specimens of protected species may be removed from the wild for educational, medicinal or research purposes, or for reintroduction thereof with the permission of the Minister of the Environment, or for relocation thereof only if this does not compromise the favourable conservation status of the species.
(6) Relocation of protected species shall be carried out pursuant to the procedure established by the Government of the Republic.
(7) Marking of specimens of species, including equipping with radio transmitters, is allowed on the basis of a permit issued by the Minister of the Environment or a person authorised by the Minister.
(8) With the aim to regulate the abundance of a species, an environmental authority may permit the gathering of eggs of birds, except for eggs of protected species of birds, if this is necessary:
1) in the interests of public safety;
2) in the interests of air safety;
3) for prevention of damage to agricultural crops, farm animals or fish farming, or to prevent other significant material damage.
§ 59. Regulation of trans-national trade in endangered species of wild fauna and flora
(1) Transactions and acts (import, export, re-exportation, transit, acquisition with the objective to receive income, demonstration to the public, exploitation, sale, offer for sale, keeping for sale and transportation for sale) performed with the species set out in the Annexes A to D of Council Regulation 338/97/EC on the protection of species of wild fauna and flora by regulating trade therein are permitted under the conditions provided by the Regulation.
(2) The Ministry of the Environment has the competence of the management authority provided by the Regulation specified in subsection (1) of this section.
(3) The Minister of the Environment shall:
1) appoint the scientific authority provided by the Regulation specified in subsection (1) of this section;
2) establish, where necessary, stricter measures with respect to the areas specified in articles 3 and 8 of the Regulation specified in subsection (1) of this section.
(4) The Government of the Republic shall determine the customs offices where conformity of the export and import of specimens of the species entered in the Annexes of the Regulation specified in subsection (1) of this section is carried out, and shall appoint the customs authorities adapted for the purpose of handling live specimens.
§ 60. Protection of property against animals
(1) All means of protection which do not cause the injury or death of an animal and which are safe for persons may be used in order to protect property against animals.
(2) If the possessor of property has not applied measures to protect the property against animals in case of presumed attack by an animal. The possessor has no right to kill an animal, obtain permission for killing an animal or to receive compensation for damage caused by an animal.
§ 61. Compensation of damage caused by animals and payment of compensation
(1) Damages caused by grey seals, marbled seals and migrating cranes, geese and barnacle geese, and the costs of application of measures to prevent damages shall be compensated in part.
(2) The methodology for assessment of the damages specified in subsection (1) of this section, the specific extent for compensation of damages, the procedure for compensation, and the specific extent of and procedure for compensating the costs of application of preventive measures shall be established by a regulation of the Minister of the Environment.
(3) The damages specified in subsection (1) of this section shall be compensated to the following extent:
1) 30 to 70 per cent of the costs needed to replace fishing gear shall be paid if the damage is caused by grey seals or marbled seals;
2) 50 000 kroons per one harvesting season shall be compensated to one person for damages caused by birds.
(4) Costs of measures applied to prevent the damage specified in subsection (1) of this section shall be compensated to the extent of 10 to 50 per cent but the amount paid to one person shall not exceed 50 000 kroons per one financial year.
§ 62. Animals in helpless state
(1) Removal of the circumstances which caused the helpless state of an animal, transport of an animal in a helpless state or an injured animal and release of an animal back to the wild shall be organised by the rescue service.
(2) Restoration of the vitality of a sick or injured animal shall be organised by the Ministry of the Environment.
§ 63. Protected animal found dead
(1) The person who finds a dead specimen of an animal species included in the protected category I or II shall immediately inform the environmental authority of the location of the finding.
(2) The person who finds a dead specimen of an animal species included in the protected category I or II may keep the specimen in his or her possession with the permission of the local environmental authority.
(3) The environmental authority may decline to grant permission if the specimen can be used for research or educational purposes.
(4) If the environmental authority refuses to grant permission to the person who finds a dead specimen of an animal species included in the protected category I or II to keep the specimen in his or her possession or the person does not wish to take possession of the specimen, the specimen shall be forwarded to the environmental authority who organises the use of the specimen for scientific or educational purposes or destruction of the specimen if its use it is not justified.
Chapter 9
Fossils, Minerals and Individual Natural Objects
§ 64. Principles of protection of fossils and minerals
(1) Fossils and minerals present in few places of finding or whose known place of finding is situated within a limited territory shall be included in the protected category I.
(2) The following shall be included in the protected category II:
1) fossils whose places of finding are likely to be destroyed if the existing environmental factors persist;
2) fossils which are rarely found as whole specimens.
§ 65. Protection of minerals in protected category I
(1) If the place of finding of a mineral in the protected category I is not situated within the boundaries of a protected area, a protected area shall be established for the protection of the mineral, or the place of finding shall be placed under protection as an individual protected natural object.
(2) It is prohibited to damage minerals in the protected category I, remove them from their natural state, and to destroy or damage their finding places.
(3) Minerals in the protected category I shall be taken out of the country only for scientific research purposes based on a permit issued by the Minister of the Environment.
(4) The location of the finding place of minerals in the protected category I shall not be disclosed in the media if as a result of such disclosure, the finding place could be put at risk.
§ 66. Protection of fossils in protected category I
(1) Protected areas shall be established for the protection of the most representative places of finding of fossils in the protected category I, or the places of finding shall be placed under protection as individual protected natural objects.
(2) Removal of fossils from their natural state as well as any activity likely to destroy or damage the finding place thereof is prohibited in the place of finding of fossils in the protected category I.
(3) Fossils in protected category I shall be taken out of the country only for scientific research purposes based on a permit issued by the Minister of the Environment.
(4) The location of the finding place of fossils in the protected category I shall not be disclosed in the media if as a result of such disclosure, the finding place could be put at risk.
§ 67. Protection of fossils in protected category II
(1) If activities carried out in the place of finding of fossils in the protected category II increases the adverse impact of environmental factors on the place of finding, a protected area shall be established for the protection thereof, or the place of finding shall be placed under protection as an individual protected natural object.
(2) Whole specimens of fossils in protected category II shall be taken out of the country only for scientific research purposes based on a permit issued by the Minister of the Environment.
§ 68. Protection of individual natural objects
(1) Upon entry into force of the decision to place an individual natural object under protection, a limited management zone with the radius of 50 meters is formed around the object unless a smaller radius for the limited management zone is established by the decision to place the object under protection.
(2) The Minister of the Environment has the right to establish protection rules for individual natural objects or groups of individual natural objects which sets out the extent to which the restrictions and requirements provided in § 31 of this Act apply to the areas designated for the protection of the natural objects.
(3) Upon entry into force of the decision to place a group of individual natural objects under protection, a limited management zone with the width of 50 meters is formed around the objects unless a smaller radius for the limited management zone is established by the decision to place the object under protection. The inner boundary of the limited management zone surrounding a group of individual natural objects is an imaginary line connecting the outer limits of the objects facing the edge of the group whereas the land under the group of objects is also included in the limited management zone.
(4) Any activity in conflict with the protection rules of an individual protected natural object placed as well as any activity likely to damage the state or characteristic features of the protected object are prohibited unless such activity is required for application of measures taken to preserve the object or prevent damage caused by the object.
Chapter 10
Participation in Formation of Natura 2000 Network of European Union
§ 69. Natura 2000 network of European Union
In Estonia, the Natura 2000 network of the European Union shall consist of:
1) areas hosting birds of which Estonia has informed the Commission pursuant to Council Directive 79/409/EEC on the conservation of wild birds (OJ L 103, 25.04.1979, pp. 1–18);
2) areas which, the Commission, pursuant to Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora, considers to be of common European importance.
§ 70. Objective of protection in Natura 2000 areas
The objective of protection in Natura 2000 areas shall be determined based on the importance of each area in preservation or restoration of the favourable conservation status of the species of birds specified in Annex I to Council Directive 79/409/EEC on the conservation of wild birds or of the species of migratory birds not included therein, or of the natural or semi-natural types habitats specified in Annex I or of the species specified in Annex II to Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora, and based on the need to achieve integrity of the Natura 2000 network and taking account of the danger of degradation and destruction of the areas.
Chapter 11
Liability
§ 71. Violation of protection requirements of protected natural objects
(1) Violation of requirements for use or protection of protected natural objects is punishable by a fine of up to 300 fine units or by detention.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 50 000 kroons.
§ 72. Failure to inform of protected natural object upon transfer of immovable
(1) Failure, upon transfer of an immovable located within the building exclusion zone of a shore or bank of a water body, protected management zone of an individual protected natural object, protected area, or special conservation area, to inform the person authorised to exercise the right of pre-emption on behalf of the state of such fact is punishable by a fine of up to 100 fine units.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 30 000 kroons.
§ 73. Unlawful cutting of trees in densely populated areas
(1) Unlawful cutting of a tree within a densely populated area is punishable by a fine of up to 300 fine units or by detention.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 50 000 kroons.
§ 74. Violation of requirements for use or protection of shores and banks of water bodies
(1) Violation of the requirements set for the use or protection of a shore or bank of a water body is punishable by a fine of up to 300 fine units or by detention.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 50 000 kroons.
§ 75. Proceedings
(1) The provisions of the Penal Code (RT I 2001, 61, 364; 2002, 86, 504; 82, 480; 105, 612; 2003, 4, 22; 83, 557; 90, 601; 2004, 7, 40) and of the Code of Misdemeanour Procedure (RT I 2002, 50, 313; 110, 654; 2003, 26, 156; 83, 557; 88, 590; 593) apply to the proceedings in matters of misdemeanours provided for in § 71-74 of this Act.
(2) The Environmental Inspectorate shall conduct extra-judicial proceedings in the matters of the misdemeanours provided for in §§ 71, 72 and 74 of this Act.
(3) A rural municipality or city government is the extra-judicial body which conducts proceedings in matters of misdemeanours provided for in §§ 71, 73 and 74 of this Act.
§ 76. Receipt of fines
If a rural municipality or city government is the extra-judicial body which has imposed a cautionary fine or a fine for misdemeanours provided for in §§ 71, 73 and 74 of this Act, the cautionary fine or the fine shall be transferred into the budget of the local government which made the decision.
§ 77. Collection of damages caused to natural objects
(1) The procedure for and rates of compensating the damage caused to the environment by destroying or damaging protected natural objects, and specimens of protected species, or of other species of animals or birds, except for wild game, shall be established by a regulation of the Government of the Republic based on the limits specified in subsections (4)-(10) of this section and taking account of the level of risk to the protected natural objects.
(2) The Environmental Inspectorate and administrators of protected natural objects have the right to file a claim with a court for collection of damages caused to a protected natural object or a specimen of a species.
(3) The following is deemed to be causing damage to a protected natural object:
1) cutting or deforestation of woody vegetation within the boundaries of a protected natural object during a time when such activities are prohibited, or at a place where the type of cutting or deforestation is prohibited, or cutting or deforestation in violation of requirements set therefore;
2) unlawful damaging of the soil vegetation within the boundaries of a protected natural object;
3) causing the burning of woody or herbaceous vegetation within the boundaries of a protected natural object;
4) unlawful littering or polluting the area of a protected natural object;
5) destroying or damaging an individual protected natural object, species protection site of a specimen thereof or finding place of protected fossils;
6) unlawful destroying of a specimen of a species, rendering a specimen in-viable by injury, or unlawful removing a specimen from the wild;
7) violation of rules established by or on the basis of Council Regulation 338/97/EC.
(4) For specimens in protected category I:
1) environmental damages in the amount of 1500 to 20 000 kroons per specimen shall be calculated in the case of unlawful destruction, rendering in-viable by injury or unlawful removal from the species protection site;
2) environmental damages in the amount of 250 to 8000 kroons per specimen shall be calculated in the case of causing damage thereto.
(5) For specimens in protected category II:
1) environmental damages in the amount of 1000 to 15 000 kroons per specimen shall be calculated for the unlawful destruction, rendering in-viable by injury or unlawful removal from the species protection site;
2) environmental damages in the amount of 100 to 5000 kroons per specimen shall be calculated in the case of causing damage thereto.
(6) For specimens in protected category III:
1) environmental damages in the amount of 500 to 10 000 kroons per specimen shall be calculated for the unlawful destruction, rendering in-viable by injury or unlawful removal from the species protection site;
2) environmental damages in the amount of 100 to 1000 kroons per specimen shall be calculated in the case of causing damage thereto.
(7) For species protection sites:
1) environmental damages in the amount of 2000 to 150 000 kroons shall be calculated upon destruction thereof;
2) environmental damages in the amount of 500 to 50 000 kroons shall be calculated upon damage thereto.
(8) For individual protected natural objects:
1) environmental damages in the amount of 5000 to 50 000 kroons shall be calculated upon destruction thereof;
2) environmental damages in the amount of 3000 to 25 000 kroons shall be calculated upon damage thereto.
(9) In the case of violation of rules established by and on the basis of Council Regulation 338/97/EC for transactions and activities involving specimens of species set out in Annexes A to D thereto, environmental damages in the amount of 200 to 2 000 000 kroons shall be calculated depending on the extent of danger to the species and the market value of a specimen.
(10) In the case of unlawful destruction, rendering in-viable by injury or unlawful removal from the wild of a specimen of a species which is not protected, except for wild game, environmental damages in the amount of 500 to 5000 kroons shall be calculated.
(11) Compensation received for damages caused to natural objects shall be used for the purpose and pursuant to the procedure provided by law.
Chapter 12
Final Provisions
§ 78. Repeal of Protected Natural Objects Act
The Protected Natural Objects Act (RT I 1994, 46, 773; 2002, 6, 21; 53, 336; 61, 375; 63, 387; 99, 579) is repealed.
§ 79. Repeal of Shores and Banks Protection Act
Subsection 2003 (15) of the Shores and Banks Protection Act (RT I 1995, 31, 386; 1999, 95, 843; 2001, 50, 290; 2002, 61, 375; 63, 387; 99, 579; 2003, 15, 84) is repealed.
§ 80. Repeal of Protection and Use of Fauna Act
In the Protection and Use of Fauna Act (RT I 1998, 107, 1763; 1999, 54, 583; 95, 843; 2001, 3, 4; 97, 602; 2002, 41, 252; 61, 375; 63, 387; 2003, 13, 70; 88, 594) is repealed.
§ 81. Amendment of Planning Act
The Planning Act (RT I 2002, 99, 579; 2004, 22, 148) is amended as follows:
1) clauses 8 (3) 6) and 12) are amended and worded as follows:
„6) designate built-up areas of cultural and environmental value, valuable arable land, parks, green areas, landscapes, individual features of landscapes and natural biotic communities, and to establish the provisions for their protection and use;";
„12) determine limited management zones and building exclusion zones of shores and banks of water bodies pursuant to the procedure provided in the Nature Conservation Act (RT I 2004, 38, 258);";
2) subsection (11) is added to § 16 worded as follows:
„(11) In the case of land still in state ownership within the meaning of subsection 31 (2) of the Land Reform Act (RT 1991, 34, 426; RT I 2001, 52, 304; 93, 565; 2002, 11, 59; 47, 297 and 298; 99, 579; 100, 586; 2003, 26, 155), the owner of the immovable, for the purposes of this Act, is the Ministry of the Environment or a person authorised by the Minister of the Environment.";
3) subsection 16 (3) is amended and worded as follows:
„(3) The need to organise public discussions to publicise the initial detailed planning outline and the draft plans shall be determined by the local government. At least one public discussion shall be organised if the detailed plan is prepared for an area under heritage conservation or nature conservation, a region of significant urban development potential or an area concerning which a corresponding proposal was made in the course of processing the plan,";
4) subsection 22 (3) is amended and worded as follows:
„(3) The simplified procedure for preparation of detailed plans does not extend to areas and construction works under heritage conservation or nature conservation."
§ 82. Amendment of Environmental Impact Assessment and Environmental Auditing Act
The Environmental Impact Assessment and Environmental Auditing Act (RT I 2000, 54, 348; 2002, 61, 375; 63, 387; 90, 521; 99, 579) is amended as follows:
1) subsection (11) is added to § 4 worded as follows:
„(11) Environmental impact assessment shall also be performed upon planning of activities which, individually or in conjunction with other activities are likely to significantly affect an area included in the Natura 2000 network.";
2) clause 6 is added to subsection 6 (3), worded as follows:
„6) presumed impact on an area included in the Natura 2000 network or any other protected natural object.";
3) subsection 5 is added to section 10 worded as follows:
„(5) If planned work is likely to affect the objective for protection of an area included in the Natura 2000 network, protected area, species protection site, habitat of a protected species or individual protected natural object, the decision-maker shall harmonise the decision concerning the necessity of environmental impact assessment with the administrator of the relevant protected natural object or the environmental authority.";
4) section 201 is added to the Act worded as follows:
㤠201. Differences within areas included in Natura 2000 network
(1) If environmental impact arising from a planned activity is likely to affect an area included in the Natura 2000 network, the decision-maker shall immediately forward the report concerning the environmental impact assessment to the administrator of the protected natural object.
(2) If a planned activity is liable to adversely affect the objective for protection of an area included in the Natura 2000 network, the administrator of the area shall inform the decision-maker thereof. Authorisation may be granted for performance of the activity if such activity is permitted by the protection procedure of the area and the decision-maker is convinced that the planned activity has no adverse impact to the integrity of the area included in the Natura 2000 network and does not adversely affect the objective of protection of the area.
(3) In cases where a planned activity is likely to adversely affect an area included in the Natura 2000 network but performance of the activity is necessary for the public for priority reasons, including for social or economic reasons, authorisation may be granted with the consent of the Government of the Republic.
(4) The Government of the Republic has no right to grant the authorisation specified in subsection (3) of this section if the relevant area hosts a priority natural habitat type or priority species within the meaning of Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora. In such case, authorisation for a planned activity may be granted, or other activities without the authorisation requirement may be permitted only with the consent of the European Commission."
§ 83. Amendments to State Fees Act
Clause 16 (1) 7) of the State Fees Act (RT I 1997, 80, 1344; 2001, 55, 331; 53, 310; 56, 332; 64, 367; 65, 377; 85, 512; 88, 531; 91, 543; 93, 565; 2002, 1, 1; 18, 97; 23, 131; 24, 135; 27, 151 and 153; 30, 178; 35, 214; 44, 281; 47, 297; 51, 316; 57, 358; 58, 361; 61, 375; 62, 377; 90, 519; 102, 599; 105, 610; 2003, 4, 20; 13, 68; 15, 84 and 85; 20, 118; 21, 128; 23, 146; 25, 153 and 154; 26, 156 and 160; 30, correction notice; 51, 352; 66, 449; 68, 461; 71, 471; 78, 527; 79, 530; 81, 545; 88, 589 and 591; 2004, 2, 7; 6, 31; 9, 52 and 53; 14, 91 and 92; 18, 131 and 132; 20, 141; 24, 165; 25, 170; 26, 173) shall be supplemented by the words "and claims for damages caused to protected natural objects" after the words "claims for revenue received as a result of such violations".
§ 84. Amendment of Water Act
The Water Act (RT I 1994, 40, 655; 1996, 13, 241; 1998, 2, 47; 61, 987; 1999, 10, 155; 54, 583; 95, 843; 2001, 7, 19; 42, 234; 50, 283; 94, 577; 2002, 1, 1; 61, 375; 63, 387; 2003, 13, 64; 26, 156; 51, 352) is amended as follows:
1) subsection 281(2) is amended and worded as follows:
„(2) In ground water sanitary protection areas with a width of over 30 meters the restrictions set for the limited management zones of shores and banks of water-bodies provided in the nature Conservation Act (RT I 2004, 38, 258) apply.";
2) clause 281(3) 2) is amended and worded as follows:
„2) restrictions set for the limited management zones of shores and banks provided in the nature Conservation Act on other water-bodies and water-bodies included in the water intake of the city of Tallinn which are not specified in clause 1) of this subsection."
§ 85. Hunting Activities Act
The Hunting Activities Act (RT I 2002, 41, 252; 63, 387; 2003, 13, 70) is amended as follows:
1) subsection 19 (1) is repealed;
2) subsection 52 (4) is amended and worded as follows:
„(4) Record of medal trophies is kept pursuant to the procedure established by the Minister of the Environment."
§ 86. Amendment of Environmental Supervision Act
The Environmental Supervision Act (RT I 2001, 56, 337; 2002, 61, 375; 99, 579; 110, 653; 2003, 88, 591) is amended as follows:
1) subsection 9 is added to section 16 worded as follows:
„(9) An environmental inspector has the right, for the purposes of exercising supervision, to stay in and drive vehicles and floating vessels in land or water areas concerning which a ban on movement has been established on the basis of the Nature Conservation Act (RT I 2004, 38, 258).";
2) clause 21 (2) 6) is amended and worded as follows:
„6) for the liquidation of unauthorised construction works situated in a protected zone, special conservation area, limited management zone of an individual protected natural object, natural habitat or building exclusion zone of a shore or bank.";
3) subsection 21 (8) is amended and worded as follows:
„(8) An environmental inspector shall inform, within three working days, the relevant local government of a precept issued pursuant to clause (2) 6) of this section.";
4) subsection 221 (1) is amended and worded as follows:
„(1) The Environmental Inspectorate has the right to impose a coercive measure for the liquidation of an unauthorised construction works situated in a protected zone, special conservation area, limited management zone of an individual protected natural object, natural habitat or building exclusion zone of a shore or bank pursuant to the procedure provided for in the Substitutive Enforcement and Penalty Payment Act (RT I 2001, 50, 283; 94, 580). The upper limit for a penalty payment is 25 000 kroons.â€
§ 87. Amendment of Animal Protection Act
The Animal Protection Act (RT I 2001, 3, 4; 2002, 13, 78; 61, 375; 63, 387; 96, 566) is amended as follows:
1) subsection 1 (2) is amended and worded as follows:
„(2) In addition to this Act, the protection of animals living freely in the wild is regulated by the Nature Conservation Act (RT I 2004, 38, 258).»;
2) section 6 is amended and worded as follows:
㤠6. Protection of animals living freely in wild
In addition to this Act, the protection and exploitation of animals living freely in the wild is regulated by the Nature Conservation Act (RT I 2004, 38, 258), the Hunting Activities Act (RT I 2002, 41, 252; 63, 387; 2003, 13, 70) and the Fishing Act (RT I 1995, 80, 1384; 1996, 27, 567; 1998, 108/109, 1784; 1999, 10, 152; 54, 583; 95, 843; 2000, 13, 92; 54, 348; 81, 514; 2001, 18, 88; 2002, 41, 250; 61, 375; 63, 387; 2003, 9, 43; 88, 589; 2004, 2, 9).»;
3) subsection 4 is added to section 10 worded as follows:
„(4) Permitted slaughter and killing of animals of protected species is regulated by the Nature Conservation Act.";
4) section 37 is amended and worded as follows:
㤠37. Using animals considered as threatened species in animal experiments
Use of a specimen of a protected species or a species listed in Annexes A to D of Council Directive 338/97/EC is permitted in an animal experiment if the experiment conforms to the Nature Conservation Act (RT I 2004, 38, 258) and is performed for the purposes of:
1) research aimed at preservation of the species in question;
2) essential biomedical purposes where the species in question proves to be the only one suitable for those purposes."
§ 88. Amendment of Land Reform Act
Subsection 20 (12) of the Land Reform Act (RT 1991, 34, 426; RT I 2001, 52, 304; 93, 565; 2002, 11, 59; 47, 297 and 298; 99, 579; 100, 586; 2003, 26, 155) is amended and worded as follows:
„(12) Lands of strict nature reserves, special management zones or limited management zones of protected areas, special conservation areas, species protection sites, and land belonging to individual and other protected natural objects provided by the Nature Conservation Act (RT I 2004, 38, 258) are not subject to privatisation. The owner of a residential building situated on the land specified in the first sentence of this subsection has the right to privatise land to the extent of up to 2 hectares, and the owner of other structures situated on such land has the right to privatise land to the extent necessary for servicing the structure. As an exception, the manager of a protected area may allow the privatisation of the lands of special conservation areas, special management zones and limited management zones of protected areas up to the extent provided for in subsections 22 (1)–(22) of this Act considering the established protection regime."
§ 89. Amendment of Forest Act
The Forest Act (RT I 1998, 113/114, 1872; 1999, 54, 583; 82, 750; 95, 843; 2000, 51, 319; 102, 670; 2001, 50, 282; 2002, 61, 375; 63, 387; 2003, 88, 594; 2004, 9, 53) is amended as follows:
1) clause 28 (1) 2) is amended and worded as follows:
„2) in special management zones of protected areas where the economic activities are prohibited by the protection rules of the protected area (hereinafter the protection rules of a protected area) established pursuant to the Nature Conservation Act(RT I 2004, 38, 258) and in areas equal thereto.
2) subsection 28 (3) is amended and worded as follows:
„(3) The restrictions on the management of protected forests arise from the Nature Conservation Act and the protection rules of protected areas.
3) clause 29 (1) 2) is amended and worded as follows:
„2) in the limited management zone of a shore or bank;".
§ 90. Amendments to Earth's Crust Act
The Earth's Crust Act (RT I 1994, 86/87, 1488; 1995, 75, 1321; 1996, 49, 953; 1997, 52, 833; 86, 1461; 93, 1562; 1998, 64/65, 1005; 1999, 10, 155; 54, 583; 95, 843; 2000, 54, 348; 102, 670; 2002, 53, 336; 61, 375; 63, 387; 2003, 20, 118; 2004, 17, 126) is amended as follows:
1) subsection 29 (1) is amended and worded as follows:
„(1) A permit for extraction of mineral resources concerning lands where a protected natural object is situated shall be issued on the bases provided by the Nature Conservation Act (RT I 2004, 38, 258).";
2) subsection 63 (1) is amended and worded as follows:
„(1) A permit for extraction of mineral resources concerning lands where a protected natural object is situated shall be issued on the bases provided by the Nature Conservation Act."
§ 91. Implementation of Act
(1) The protection rules and protection procedures established for the protection of protected areas and individual natural objects prior to the entry into force of this Act shall apply until the entry into force of the protection rules established on the basis of this Act, or until protection is revoked.
(2) The temporary restrictions established on the basis of subsection 5 (1 4) of the Protected Natural Objects Act apply until the expiry of the term specified in the decision for establishment of the restrictions.
(3) Until the approval of the protection rules of a protected area or individual protected natural object provided by this Act, the Minister of the Environment shall authorise a state agency administered by the Ministry of the Environment or environmental authority to administer the protected area or individual protected natural object.
(4) The protective zone surrounding a protected area formed prior to the entry into force of this Act is deemed to be a limited management zone constituting a part of the protected area until the time the protected area is divided into zones pursuant to the procedure provided by this Act.
(5) The management plan of a species approved prior to the entry into force of this Act applies until the date specified therein and is deemed to be equal to the action plan specified in § 49 of this Act.
(6) The list of areas included in the Natura 2000 network to be submitted to the Commission shall be approved by an order of the Government of the Republic. The areas included in the Natura 2000 network shall be designated in adherence to the requirements set out in paragraphs 1 and 2 of Article 4 of Council Directive 79/409/EEC on the conservation of wild birds and paragraph 1 of Article 4 of Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora.
(7) The proceedings for establishment of protection rules initiated prior to the entry into force of this Act shall be completed pursuant to the Acts in force at the time of initiation thereof but not later than by 1 May 2005. For the purposes of this section, initiation shall mean publication of a notice in the official publication Ametlikud Teadaanded pursuant to subsection 5 (11) of the Protected Natural Objects Act, or obtaining an opinion concerning the draft of the protection rules from a county government, local government, land owner or person concerned.
1 Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.07.1992, pp. 7–50); Council Directive 79/409/EEC on the conservation of wild birds (OJ L 103, 25.04.1979, pp. 1–18); Council Directive 90/313/EEC on the freedom of access to information on the environment (OJ L 158, 23.06.1990, pp. 56–58).
2 RT = Riigi Teataja = State Gazette
3 Ametlikud Teadaanded = Official Publications
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