The draft act was prepared by a working group formed as part of the Ministry of the Environment on the basis of the directive on the same topic issued by the European Union. The act was approved by the parliament on 14 November. “The Environmental Liability Act is based on the principle that ‘you cause the damage, you pay for it’ and will require those responsible for the pollution to restore the condition of the affected area or to replace it altogether,” explained Minister of the Environment Jaanus Tamkivi. “If someone destroys a valuable natural community, for example, he won’t merely have to pay a fine, but will also be required to restore it to the way it originally was.” However, if this is not possible, it must be replaced in such a way that the general state of affairs for society and the remaining environment does not worsen. For example, if a community of trout in a river has been killed by pollution, the party responsible will have to restore the number of trout killed outright as well as those that would have been spawned from the trout had there not been any pollution. The exact way in which the restoration of damage is to be effected will be determined separately for each case, although the principles to be observed in doing so are set out in the Environmental Liability Act. The new law also enables the public to get more involved in resolving problems caused through the use of the environment, as both those directly affected by the damage and non-governmental environmental organisations will be able to apply through local environmental services for the implementation of measures to forestall damage or to restore damage that has been caused. The act will nevertheless only be applied to cases of significant damage in certain categories: protected animal, bird and plant species and their habitats; and protected land areas, water and soil. Cases of environmental damage that do not come under the jurisdiction of the new law will remain subject to the current regulation on financial compensation. As the act only establishes the procedure for the restoration of damage, it does not represent a penal sanction; nevertheless, restoring the damage will not mean that the party responsible is no longer liable to be penalised for their unlawful behaviour. The county environmental services of the Ministry of the Environment will be responsible for processing such cases of liability, based on the location in which the damage occurs. “The Environmental Liability Act represents a fundamental change to the law of both Estonia and the European Union,” added Minister Tamkivi. “No other member state has ever had a regulation like it.” The act will enter force upon its publication in the State Gazette. For further information please contact: Agnes Jürgens |
