Unofficial translation

First redaction. Valid until 19 February 1998

REPUBLIC OF ESTONIA

LAW ON PROTECTED NATURAL OBJECTS

1 June, 1994

(Legal Acts of Estonia, 1994, No. 9, p. 211;

making exact by the Baltic Information Centre for Protected Areas)

I. GENERAL PROVISIONS

Article 1. Purpose of the Law

The Law on Protected Natural Objects establishes the procedure for taking natural objects into protection, determines the nature of that protection, and determines the rights and obligations of land-owners, land-holders and other persons in regard to such objects.

Article 2. Protected natural objects

(1) Protected natural objects (hereafter, natural objects) include the following:

- protected areas,

- natural and natural-historical monuments,

- species, fossils and minerals.

(2) A protected area is an area taken into protection, which is maintained without the influence of human activities or used according to specific nature conservation requirements, within which natural monuments and natural-historical monuments, plant, fungi and animal species (hereafter, species), associations, ecosystems, landscapes, and their diversity are protected, studied and publicised.

Protected areas are of one of the following types:

- national park,

- nature reserve,

- landscape reserve (nature park),

- programme area.

(3) A protected natural monument is a live or inanimate object which is of scientific, historical-cultural or aesthetic value, such as a tree, boulder, waterfall, cliff, terrace, cave, rock outcrop, and karst landform, or a group of these.

(4) A protected species, fossil or mineral, is a plant, fungus, or animal species or its taxonomic unit, a fossil or a mineral, which is found in Estonia in its natural state, is endangered, rare or of scientific, nature conservation, aesthetic or local historical value, and which has been taken into protection. Protected species, fossils and minerals are divided into Protection Categories I, II, and III according to the strictness and specific features of protection requirements.

Article 3. Preconditions for taking a natural object into protection

The precondition of taking an object of nature into protection is its endangeredness, rarity, representativity, scientific, historical-cultural, nature conservation or aesthetic value, or an obligation arising from an international agreement.

Article 4. Equality of owners of, and protection of, natural objects

(1) Protected object of nature may be in public or private ownership.

(2) All natural objects which have been taken into protection are accorded an equal level of legal protection regardless of the owner or the authority which has taken the object into protection.

Article 5. Taking of a natural object into protection

(1) National parks and protected species of Category I are specified in this Law.

(2) Nature reserves, landscape reserves, natural and natural-historical monuments, and protected species, fossils, and minerals of Protection Categories II and III shall be taken into protection according to a procedure to be established by the Government of Estonia.

(3) Taking into protection shall be performed on the basis of an application to which the opinion of the land-owner, local municipality, district government, and the Ministry of the Environment is annexed. The procedure for submitting and reviewing applications shall be established by the Government of Estonia.

(4) The zoning of a protected area into special parts (zones), and the extent of restrictions and obligations imposed upon these parts, implementing Articles 11-13 of this Law, shall be drawn up in the form of Protection Rules by the Government of Estonia.

(5) The extent of restrictions and obligations governing a protected natural object, which implement Article 19 of this Law, shall be drawn up in the form of Protection Rules by the Government of Estonia.

Article 6. The Manager of a natural object

(1) The manager of a natural object is the person appointed by the authority which has taken the natural object into protection, who has been given the authority to manage the natural object in accordance with the procedure established under this Law and in accordance with the conditions given in the Decision taking the natural object into protection.

(2) Management of a natural object includes ensuring the protection of, and enforcing the relevant conditions governing, a natural object situated on state-owned or municipal land, and organising the enforcement of the relevant conditions and participating in ensuring the protection of a natural object situated on private land.

Article 7. Statements of protection obligations

(1) Upon establishment of Protection Rules for a natural object taken into protection in accordance with Article 5 of this Law, the person appointed by the authority which has taken the natural object into protection shall compile a Statement of Protection Obligations.

(2) A Statement of Protection Obligations is a document which contains:

1) information concerning the authority taking the natural object into protection, the Manager, the location of the natural object, and the date of taking into protection;

2) excerpts from the relevant Protection Rules, particularly those concerning restrictions on and obligations of the land-owner or land-holder of the site in question;

3) information concerning the objectives for, development trends of, and programmes of activities of the protected natural object.

(3) The Statement of Protection Obligations shall be deposited with the owner, the holder, and the Manager of the natural object. The Statement shall be signed by all relevant parties.

(4) At the transfer of real estate the former owner is obliged to transfer the Statement of Protection Obligations to the new owner who must confirm receipt with his signature.

(5) A Statement of Protection Obligations must also be compiled where a temporary protected area is established in accordance with paragraph 6 of Article 21 of this Law.

Article 8. Coming into force and becoming invalid of restrictions on property, and obligations of owners

(1) The restrictions and obligations imposed under Articles 11-13 of this Law shall come into force on the day of publication of the Protection Decision in the Riigi Teataja, of which the Manager of the natural object shall inform the relevant land-owners and land-holders.

(2) The Manager of the natural object shall submit to the Registry Board for Real Estate an application for registering the termination or modification of legal restrictions and obligations in the Registry for Real Estate which shall be based on the Protection Rules.

(3)In the event of an owner leasing a natural object, the lease must contain the restrictions and obligations set out in the Protection Rules.

Article 9. Other restrictions concerning real property

(1) The Manager of protected natural object may erect a temporary building for scientific or educational purposes on real property located within a protected area, containing a natural monument or the habitat of a protected species, in which case he will compensate the land-owner or land-holder for any damage caused by this.

(2) The owner of land located within a protected area or containing a protected natural monument may not prohibit the presence of third parties on that land when the third parties are there for the purpose of scientific research, enforcement or rescue, m accordance with procedures established by the Government of Estonia.

(3) Private roads and paths situated within special or limited management zones of a protected area or leading to a natural monument are open to public use from sunrise to sunset, during which time the owner of the land must guarantee the public access to the protected natural monument.

(4) Public access to the yard of a building which is the site of a protected natural monument may be subject to conditions determined by the owner.

(5) The State has a right of pre-emption in accordance with Articles 256-275 of the Law of Estate (Riigi Teataja (hereunder: RT) Part I 1994, No. 39, Art. 590) over real property located within a protected area or containing a natural monument, except where land is being returned to the first rank inheritors or where it is located within a general zone of a programme area in the sense of Article 14 of this Law, which right is prior to that of the local Municipality.

(6) The Government of Estonia may expropriate land located within a protected area or containing a protected natural monument without approval of the owner, in cases and according to procedure specified by law.

(7) Approval of the Manager of a protected area must be obtained in order to change the economic purpose or the use of land located within a protected area, and for the establishment of land management plans and forest management plans.

(8) The owner or holder of land located within a protected area or containing a protected natural monument must immediately report to the Manager of a natural object all factors which cause or may cause damage to the natural object or affect its state.

II. PROTECTED AREAS

Article 10. Zones of a protected area

(1) A zone of a protected area is one with a special protection regime. Types of zones include strict nature reserves, special management zones, limited management zones, and general programme area zones.

(2) All land and water within a protected area is divided into zones, as specified in the Protection Rules.

(3) The restrictions and obligations to be applied in the different zones of a protected area (Articles 11-13) are fully or partly, permanently or seasonally (temporarily) established, and are set out in the Protection Rules.

Article 11. Strict Nature Reserves

(1) A Strict Nature Reserve is an area of land or water in its natural state and free from the direct impact of human activity, where preservation of natural associations resulting only from natural processes is guaranteed.

(2) In a strict nature reserve, the following are prohibited:

1) economic activity and use of natural resources;

2) human presence, except in performance of enforcement, scientific, or rescue activities, in accordance with procedures established by the Government of Estonia.

Article 12. Special management zones

(1) A special management zone is a land or water area protected in order to preserve resulting or created natural and semi-natural associations. Forest in a special management zone fall into the category of preservation forest and their main function is specified in the Protection Rules.

(2) Human presence in habitats of rare species and the resting sites of migratory species is prohibited by the Protection Rules, except for the purpose of scientific research, enforcement or rescue, in accordance with procedures established by the Government of Estonia.

(3) Economic activity and the use of natural resources in a special management zone is prohibited unless mitigation measures listed in paragraphs 4 and 5 of this Article and set out in the Protection Rules are taken.

(4) The following activities necessary for the conservation of a natural object or harmless to it may be permitted a special management zone on condition they are set out in the Protection Rules:

1) maintenance of drainage and other land melioration systems;

2) improvement cutting and selection cutting depending on the main function of the forest as set out in the Protection Rules;

3) gathering of berries, fungi, and other by-products of the forest;

4) regulation of game abundance;

5) fishing;

6) construction of roads, erection of overhead transmission lines, as well as buildings of a non-productive character for serving the interest of a real estate located in a protected area and/or for the protected area.

(5) Within semi-natural associations of special management zones, activities necessary for preservation of their features and species composition, such as mowing, grazing, thinning and shaping of tree and bush storey, as set out in the Protection Rules.

Article 13. Limited management zones

(1) A limited management zone is a of protected area used for economic purposes where restrictions, established by the authority which has taken the object under protection, must be taken into account. Forests in a limited management zone fall into the category either of preservation forest or protective forest, as set out in the Protection Rules.

(2) Unless otherwise specified in the Protection Rules, the following are prohibited in a limited management zone:

1) construction of new land melioration systems;

2) modifications of water level, or causing of damage to the banks of water bodies;

3) extraction of surface or underground mineral resources;

4) shaping of pure stands in existing plantations, or planting of new forests and energy forests;

5) final cutting;

6) use of land or water for the disposal of solid wastes or emissions;

7) use of fertilisers and toxic chemicals;

8) construction of roads, overhead transmission lines, and other communication lines;

9) erection construction of new buildings;

10) hunting and fishing.

(3) Protection Rules defines mandatory activities aimed at preserving the features and species composition of semi-natural associations, such as mowing, grazing, thinning and shaping of tree and bush storeys.

(4) Where a license for mineral extraction exists within a limited management zone, the license is rescinded or extraction is limited to the extent set out in the Protection Rules.

Article 14. General zones of programme areas

The general zone of a programme area is a land or water area defined with the purpose of linking strict nature reserves, special and limited management zones, in a united programme area.

Article 15. National Parks

(1) A National Park is a protected area of special national importance for the preservation, protection, investigation, and promotion of awareness of the natural and cultural inheritance; it includes ecosystems, examples of biological diversity, landscapes, national culture, and is subject to sustainable nature management.

(2) National Parks are divided into strict nature reserves, special and limited management zones.

(3) The National Parks of Estonia are:

1) Lahemaa National Park - for the preservation of nature and cultural landscapes typical of North Estonia;

2) Karula National Park - for the preservation of hilly landscapes rich in forests and lakes, typical of South Estonia;

3) Soomaa National Park - for the preservation of the largest bogs in Estonia and its floodplain meadows and forests in the south-western transitional part of Estonia;

4) Vilsandi National Park - for preservation of West Estonian coastal landscapes and sea, as well as islets rich in birds.

Article 16. Nature reserves

(1) A nature reserve is an area protected for its nature conservation or scientific value set aside for the preservation, protection, and investigation of natural processes and endangered or protected plant, animal and fungus species and their habitats, inanimate objects, as well as landscapes and natural monuments.

(2) A nature reserve is divided into strict nature reserves, and special and limited management zones.

Article 17. Landscape Reserves

(1) A landscape reserve is an area of natural or cultural heritage value which is rare or typical for Estonia, and is established for nature conservation, cultural or recreational purposes. Parks, arboreta and botanical gardens which have been taken into protection are also considered landscape reserve.

(2) A landscape reserve is divided into special and limited management zones.

(3) A park, arboretum or botanical garden which is taken into protection is considered a limited management zone.

Article 18. Programme areas

(1) A programme area is managed under a local, national or international programme for monitoring, investigation or educational purposes as well as combining conservation and management of natural resources.

(2) A programme area is divided into strict nature reserves, special, limited and general management zones.

(3) Protected areas defined in Articles 15-17 which are located within a programme area maintain their legal status.

III. NATURAL MONUMENTS

Article 19. The Protection of natural monuments

(1) It is prohibited to cause any damage to a natural monument.

(2) Activities liable to have an effect on the state or characteristics of a natural monument are permitted only upon approval of the Manager of the natural monument.

(3) Unless otherwise specified in the Protection Rules, the land owner is obliged to take care of the state of the natural monument(s) in his ownership and for keeping its immediate vicinity in order.

(4) A limited management zone of up to 50 metres is established around a natural monument when it is taken into protection, unless the Protection Rules state otherwise. The protection regime of this zone is determined in Article 13 of this Law.

IV. PROTECTED SPECIES, FOSSILS AND MINERALS

Article 20. The principles of protection

(1) In order to ensure the preservation of natural diversity, including species diversity, protection of natural species should be guaranteed at the level of a lowest possible taxonomic unit.

(2) Local, national, and international programmes are implemented to enhance the preservation and improvement of living, growth and reproduction conditions of protected species.

(3) During and after the construction of roads and other man-made objects, measures must be taken to guarantee maximum safety levels and freedom of movement for protected species, and for the preservation of known localities of protected fossils and minerals.

(4) In order to protect local species, the import of non-native species with the aim of introducing them in nature is prohibited.

Article 21. Protection of species under Protection Category I

(1) Species of Protection Category I include the following:

Plant species

Animal species

(2) It is prohibited to cause damage to specimens of species in Protection Category I, or to their habitats, nesting, breeding or maturation sites and migration routes.

(3) All requirements specified in paragraphs 2 and 3 of Article 22, of this Law also apply to species under Protection Category I. Special permits for activities specified in paragraphs 2 and 3 of Article 22, for a scientific or educational purposes are issued according to a procedure established by the Government of Estonia.

(4) The investigation, marking, improvement of living conditions, extraction from natural environment, artificial reproduction, keeping and breeding in non-natural (artificial) conditions; taking photos, making films or recording voice in nesting and breeding sites, of species under Protection Category I is forbidden except under license issued according to a procedure established by the Government of Estonia.

(5) Publication of information concerning the exact site of growth or habitat of a species under Protection Category I is prohibited in cases where the subject might be endangered as a result of this.

(6) Upon receipt of information concerning a newly discovered, unprotected growth, breeding or maturation site, of a species of Protection Category I, and according to a procedure established by the Government of Estonia, a temporary protection zone may be established for two months during which all economic activity is terminated; this has a diameter of up to 50 metres at plant sites and of up to 200 metres in the case of animals. The feasibility of establishing a protected area, its type and boundaries are determined within the two month period. In the case of a protected area not being established, the landowner or land-holder is compensated for any losses caused, according to a procedure established by the Government of Estonia.

Article 22. Protection of species, fossil or mineral of Protection Category II

(1) The list of species, fossils and minerals drawn up for protection under Protection Category II is approved according to a procedure established by the Government of Estonia.

(2) Picking of plants and fungi under Protection Category II; purchase, sales and other movements of these, and destroying or causing damage to their sites of growth to an extent which endangers the survival of the relevant species at this site, is prohibited.

(3) Catching, keeping, killing, chasing, causing a disturbance, likely to endanger animals species under Protection Category II; purchase, sales and other movements of these, and destroying of or causing damage to their nesting and other permanent living sites to an extent which endangers the survival of the relevant species at this site, is prohibited.

(4) Causing damage to fossils or minerals of Protection Category II, extracting these from their natural locations; purchase, sales and other movements of these, and destroying or causing damage to the localities, is prohibited.

(5) Special permits for performing the activities listed in paragraphs 2, 3, and 4 of this Article for scientific or educational purposes are issued according to a procedure established by the Government of Estonia.

(6) Publication of information concerning the exact habitat of a species, or locality of fossil or mineral of Protection Category II, is prohibited in cases where the subject might be endangered as a result of this.

(7) A protected area may be established in order to guarantee the preservation of a growth, breeding or maturation site of a species, or locality of fossil or mineral under Protection Category II.

Article 23. Protection of species, fossil or mineral of Protection Category III

(1) The list of species, fossils and minerals drawn up for protection under Protection Category III is approved according to a procedure established by the Government of Estonia.

(2) Causing damage to, picking in natural sites, and selling of plants and fungi of Protection Category III is prohibited.

(3) Catching, keeping, killing, chasing, causing a disturbance likely to endanger animals under Protection Category III, and purchase, sales and other movements of these, is prohibited.

(4) Causing damage to and purchase, sales and other movements of fossils or minerals of Protection Category III is prohibited.

(5) Special permits for performing the activities listed in paragraphs 2, 3, and 4 of this Article for scientific or educational purposes or for trade are issued according to a procedure established by the Government of Estonia.

(6) A protected area may be established at a growth, breeding or maturation site of a species, or locality of fossil or mineral of Protection Category III where their preservation in Estonia is not likely to be achieved using other protection measures.

Article 24. Reintroduction of protected species and compliance with international agreements

(1) The reintroduction of protected plants, fungi, and animals is permitted only according to a procedure established by the Government of Estonia.

(2) The import and export of plants and animals included in the Annexes of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) (RT II 1993, No. 27/28, Art. 83), parts of those, and products made from those, may only be undertaken in accordance with a procedure established by the Minister of the Environment.

V. MONITORING AND REGISTERING THE STATE OF PROTECTED NATURAL OBJECTS

Article 25. Monitoring of the state of protected natural objects

The state of protected natural objects is monitored nationally on the basis of a programme carried out according to a procedure established by the Government of Estonia.

Article 26. Nature Conservation Register

(1) The Nature Conservation Register is a systematic database which contains information concerning all natural objects taken into protection which are located within the Republic of Estonia, including the growth, breeding or maturation sites of protected species, and localities of fossils and minerals.

(2) The structure of the Nature Conservation Register and the procedures to be adopted in its maintenance are determined by Statute to be approved by the Government of Estonia.

(3) Information contained in the Nature Conservation Register which concerns the location and protection requirements of the protected natural objects is submitted to the Land Cadastre.

VI. EXPENDITURE AND COMPENSATION RELATED TO THE PROTECTION OF NATURAL OBJECTS

Article 27. Expenditure related to taking natural objects into protection and to the management of such objects

(1) Expenditure related to the taking into protection and the management of a natural object shall be borne by the authority which has taken the object into protection, unless otherwise specified by agreement between the latter and the land-owner or land-holder.

(2). The owner of real property located within a protected area or containing a protected natural monument may apply to the Manager of the protected natural object to set a visiting fee.

Article 28. Compensation for losses due to the imposition of a protection regime

(1) Restrictions and obligations set by Protection Rules may lead to the reduction of the land taxation rate according to a procedure established by the Government of Estonia.

(2) Land on which the Protection Rules exclude economic activity is exempt from land tax the obligatory activities to ensure the preservation of natural and semi-natural associations which are set out in the Protection Rules are not considered economic activities.

(3) Any consequent reduction in the revenues of local government may be compensated by the national budget.

(4) In cases where economic or construction activities have been started and are terminated by virtue of the application of the Protection Rules at the time of establishment of a protected area, the land-owner or land-holder is compensated for any losses according to a procedure established by the Government of Estonia.

(5) Compensation for damage caused by a protected species is provided for under paragraph 3 of Article 3 of the Law on the Environmental Fund (RT I 1994, No. 8, Art.105).

(6) The owner of land located within a strict nature reserve or a special management zone may request the State to purchase the land in question or provide a substitute according to conditions and procedures established by the Government of Estonia.

VII. LIABILITY FOR BREACH OF THE LAW

Article 29. Liability for breach (violation) of the Law on Protected Natural Objects

(1) Persons in breach of this Law or of the regulations established by virtue of this Law are subject to administrative, criminal, or civil liability according to the procedures established by law.

(2) Destroying or causing damage to a natural object or its descriptive signs is prohibited. Where restoration of the natural object or its descriptive signs damaged in breach of the law is impossible, the damage must be compensated in accordance with law.

(3) The National Nature Protection Authority and the Manager of a protected natural object have the right to make a claim to the courts in order to obtain compensation for damage caused to a protected natural object; such claims are made free of charge. This also applies to claims made for protection of the rights of a third person.

(4) Compensation for damage caused to a protected natural object is paid into the Environmental Fund according to the procedure and at rates established by the Government of Estonia. This provision of compensation for damage does not prevent the owner, where this is not the State, from claiming for the restoration of a destroyed or damaged natural object, or for claiming reimbursement of the cost of restoration or of the value of the natural object.

(5) The person who has caused damage to a protected natural object, which is within state ownership or without an owner, will pay Compensation for damage into the Environmental Fund.

VIII. FINAL PROVISIONS

Article 30. Implementation of the Law on Protected Natural Objects

(1) Articles 20, 21 and 22 of the Law on the Protection of Nature in Estonia of the Estonian SSR of February 23,1990 (ENSV Teataja 1990, No. 6, Art.103) shall be amended and shall read as follows:

"Article 20. Taking of plant, fungus, and animal species and their associations, fossils, minerals, natural monuments, and land and . water areas into protection

The following shall be taken into protection:

1) rare and endangered plant, fungus, and animal species and their associations which are of special scientific c or aesthetic value, as well as fossils and minerals;

2) rare landforms, parks, water bodies, and other natural monuments of scientific, cultural-historical or aesthetic value;

3) landscapes, coastal areas, and land and water areas of scientific or aesthetic value which are of special importance for the protection of the natural environment, growth sites of plant species, habitats of animal species, and other natural objects.

Article 21. Procedure for taking into protection

Plant, fungus, and animal species, associations of those, fossils, minerals, natural monuments, and land and water areas are taken into protection according to the procedure established with the Law on Protected Natural Objects.

Article 22. Organisation of protection of plant, fungus, and animal species, associations of fossils, minerals, natural monuments, and land and water areas

Protection of plant, fungus, and animal species, associations of those, fossils, minerals, natural monuments, and land and water areas, is organised according to the procedure established with the Law on Protected Natural Objects.".

(2) The following changes shall be made in the Law on Charges of the Republic of Estonia of October 5,1990 (RT 1990, No.11, Art.118; RT I 1993, No. 66, Art. 935; RT I 1994, No.14, Art. 247):

1) item 17 of paragraph 1 of Article 4 shall read as follows:

"claimants (national nature protection authority or manager of protected natural object) - in cases related to compensation of losses caused by pollution of the environment, non-rational use of natural resources, and causing of damage to natural objects;";

2) a new item 4 shall be added to paragraph 7 of Article 4, which reads as follows:

"Registering exemptions or modification of legal restrictions, which shall be based on the Protection Rules, into the Title Book.".

(3) Article 66 of the Code on Administrative Law of the Republic of Estonia (RT 1992, No. 29, Art. 396; RT I 1993, No. 7, Art.103; No. 33, Art. 539; No. 44, Art. 637; No. 62, Art. 891; No. 72/73, Art.1019; 1994, No.1, Art. 5; No.12, Art. 202) shall be modified to read as follows:

"Article 66. Breach of Protection Rules and requirements of a protected natural object

For breach of the Protection Rules and requirements governing a natural object (protected area, protected natural monument, protected species, fossil or mineral) which has been taken into protection by the state - penalty to a maximum of two hundred daily (minimum) salaries.".

(4) a new item 7 shall be added to paragraph 1 of Article 4 of the Law on the Environmental Fund (RT I 1994, No. 8, Art.105) which reads as follows:

"7) compensation for damage caused to a natural object.".

(5) The Law of the Republic of Estonia on Lahemaa National Park of March 27,1991 (RT 1991, No.13, Art.171) and the Decision of the Supreme Council of the Republic of Estonia on the Implementation of the Law of the Republic of Estonia "On Lahemaa National Park" of March 27,1991 (RT 1991, No.13, Art.172) shall be abrogated as of the date of coming into force of the Protection Rules of the Lahemaa National Park required under the present Law.

(6) Protection Rules and protection regimes (zoning) governing protected areas and protected natural monuments which were established before the coming into force of the present Law shall remain valid until the implementation of the Protection Rules required by the present Law to the extent that they are not in contradiction with it.

(7) A buffer zone (a protection zone surrounding a protected area) established before the coming into force of the present Law shall be considered a limited management zone of the respective protected area until the performing of zoning according to the procedure established by virtue of the present Law.

Ülo NUGIS

Chairman of the Riigikogu