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Best Essay On Natural Conservation Act

Nature Conservation Act1

Passed 21.04.2004
RT I 2004, 38, 258
Entry into force 10.05.2004

Amended by the following legal instruments (show)

PassedPublishedEntry into force
17.06.2004RT I 2004, 53, 37318.07.2004
22.02.2005RT I 2005, 15, 8703.04.2005
21.04.2005RT I 2005, 22, 15229.04.2005
07.06.2006RT I 2006, 30, 23201.01.2007
21.02.2007RT I 2007, 25, 13101.04.2007
14.11.2007RT I 2007, 62, 39616.12.2007
19.06.2008RT I 2008, 34, 21101.08.2008
10.12.2008RT I 2008, 56, 31401.01.2009
18.12.2008RT I 2009, 3, 1501.02.2009
20.05.2009RT I 2009, 28, 17001.07.2009
18.06.2009RT I 2009, 35, 23201.07.2009
15.10.2009RT I 2009, 50, 33609.11.2009
27.10.2009RT I 2009, 53, 35921.11.2009
22.04.2010RT I 2010, 22, 10801.01.2011, shall enter into force on the date specified in the decision of the Council of the European Union concerning abrogation of the derogation established with regard to the Republic of Estonia on the basis of article 140 (2) of the Treaty on the Functioning of the European Union, Decision No. 2010/146/EU of the Council of the European Union of 13 July 2010 (OJ L 196, 28.07.2010, pp. 24-26).
20.05.2010RT I 2010, 29, 15120.06.2010
17.06.2010RT I 2010, 38, 23101.07.2010
16.06.2010RT I 2010, 43, 25517.07.2010
22.02.2011RT I, 10.03.2011, 220.03.2011
31.05.2011RT I, 10.06.2011, 331.05.2011, a judgment of the Court en Banc of the Supreme Court declares the text “regulation” in subsection 10 (1) of the Nature Conservation Act to be unconstitutional and null and void.
08.12.2011RT I, 29.12.2011, 101.01.2012
23.01.2013RT I, 14.02.2013, 201.03.2013
20.03.2013RT I, 05.04.2013, 215.04.2013
27.03.2013RT I, 18.04.2013, 101.05.2013
25.04.2013RT I, 16.05.2013, 201.06.2013

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 will be based on the principles of balanced and sustainable development and in each individual case, alternative solutions will 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) limited-conservation area;
3) protected species, fossils and minerals;
4) species’ protection sites;
5) individual protected natural objects;
6) natural objects protected at the 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) Limited-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 in accordance with 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;
4) the hibernation site of brown bear;
5) the natural habitat of crayfish;
6) a badger sett with more than ten entrances.
[RT I 2007, 25, 131 - entry into force 01.04.2007]

(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 bodies of water

(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 in accordance with 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 apply to administrative proceedings conducted in accordance with 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 to place natural objects under protection

(1) Everyone has the right to submit a proposal to place a natural object under protection to the authority competent to initiate the proceedings for placing under protection.

(2) A proposal to place 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) a map indicating the location or the borders of the natural object and the natural values for the protection of which the proposal was made;
[RT I, 18.04.2013, 1 - entry into force 01.05.2013]
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 and purposefulness of placing the natural object under protection and assessment of the purposefulness of the planned restrictions, involving a person who has relevant specific expertise in the field (hereinafter expert).
[RT I, 18.04.2013, 1 - entry into force 01.05.2013]

(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 may refuse to proceed with the matter, communicating the decision to refuse to place the object under protection along with the expert opinion to the person who submitted the proposal.
[RT I, 18.04.2013, 1 - entry into force 01.05.2013]

(5) If a natural object has the prerequisites required by this Act for placing the object under protection and placing the object under protection is purposeful, the proceedings for placing the natural object under protection will be initiated in accordance with the provisions of § 9 of this Act.
[RT I, 18.04.2013, 1 - entry into force 01.05.2013]

(6) If a proposal is made to place a natural object under protection or proceedings regarding placing a natural object under protection are initiated within the meaning of subsection 9 (1) of this Act, the administrative authority who has received an application for making an another administrative decision that could affect the state of the natural object specified in the proposal shall have the right to suspend the proceedings for making the administrative decision. The proceedings for making the administrative decision will be suspended until a decision to place the natural object under protection or refusal to place the natural object under protection is made, but not for more than 28 months as of making the decision to suspend the proceedings of making the administrative decision.
[RT I, 18.04.2013, 1 - entry into force 01.05.2013]

§ 9. Proceedings for placing natural objects under protection

(1) The proceedings for placing a natural object under protection are initiated and the authority conducting the proceedings is appointed by the Ministry of the Environment, except in the event specified in subsection (2) of this section, taking account of the prerequisites for placing a natural object under protection provided by this Act.
[RT I, 18.04.2013, 1 - entry into force 01.05.2013]

(2) Proceedings for placing a natural object under local protection are initiated and conducted by the local authority.
[RT I, 18.04.2013, 1 - entry into force 01.05.2013]

(3) The authority conducting proceedings for placing a natural object under protection shall publish a notice concerning the initiation of the proceedings in the official publication Ametlikud Teadaanded 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 will be published in the local newspaper.
[RT I, 18.04.2013, 1 - entry into force 01.05.2013]

(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 to place 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 conducting the proceedings;
[RT I, 18.04.2013, 1 - entry into force 01.05.2013]
6) further steps in the proceedings, estimated time limits of the proceedings and the estimated time of termination of the proceedings.
[RT I, 18.04.2013, 1 - entry into force 01.05.2013]

(5) The authority conducting the proceedings for placing a natural object under protection shall forward the notice containing the information specified in subsection (4) of this section to the local authority and the owner of the immovable of the location of the natural object by registered mail.
[RT I, 18.04.2013, 1 - entry into force 01.05.2013]

(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.
[RT I, 18.04.2013, 1 - entry into force 01.05.2013]

(61) For the purposes of this Act, ‘party to the proceedings’ means the owner of an immovable located in the territory of or contained in a natural object to be placed under protection and the local authority as well as another person who has participated in the proceedings of placing the natural object under protection.
[RT I, 18.04.2013, 1 - entry into force 01.05.2013]

(7) A draft decision for placing a natural object under protection together with documents obtained or prepared in the course of the proceedings that are not subject to confidentiality requirements in accordance with law will be displayed for public examination at facilities of the Environmental Board or the local authority of the location of the natural object. The duration of the public display shall not be less than two weeks.
[RT I 2009, 3, 15 - entry into force 01.02.2009]

(71) Upon making a proposal or objection in proceedings involving placing a natural object under protection, a clear proposal or objection and reasons thereof must be specified:
1) regarding the existence or absence of natural values;
2) justification of the protection procedure;
3) information about valid administrative decisions or pending proceedings for making an administrative decision, which may affect placing the natural object under protection;
4) other essential circumstances that may affect the placing of the natural object under protection.
[RT I, 18.04.2013, 1 - entry into force 01.05.2013]

(8) The initiator of the proceedings must reply to written proposals and objections filed in the course of the public display 30 days after the end of the display or, if a public discussion is held, before the public discussion.
[RT I, 18.04.2013, 1 - entry into force 01.05.2013]

(9) After the proceedings regarding proposals and objections and renewal of a draft decision to place a natural object under protection, a public discussion will be organised except where no proposals or objections were filed within the term and a proposal to omit the public discussion of the matter had been made in accordance with clause (4) 3) of this section.
[RT I 2007, 25, 131 - entry into force 01.04.2007]

(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 will be published and a new public display will be organised in accordance with 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 natural object under protection

(1) An area will be placed under protection as a protected area or a limited-conservation area by the Government of the Republic.
[RT I, 10.06.2011, 3 - entry into force 31.05.2011]

(2) An area will be placed under protection as a species protection site by the Minister of the Environment.
[RT I, 18.04.2013, 1 - entry into force 01.05.2013]

(3) Species will 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 in accordance with subsection 50 (2) of this Act will belong to the protected category I.

(4) Species in the protected category III will 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 will be placed under protection by a regulation of the Minister of the Environment.

(6) Individual protected natural objects will be placed under protection by the Minister of the Environment.
[RT I, 18.04.2013, 1 - entry into force 01.05.2013]

(7) A natural object protected at the local government level will be placed under protection:
1) on the basis of am established comprehensive plan or detailed plan;
2) without drawing up a plan.
[RT I, 18.04.2013, 1 - entry into force 01.05.2013]

(8) If a natural object is placed under protection without drawing up a plan, a boundary description of the protected area or a map of the protected individual landscape object will be drawn up and the rules of protection of the area or the individual landscape object will be approved.
[RT I 2009, 28, 170 - entry into force 01.07.2009]

§ 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 will be determined:
2) the protection procedure (protection rules) of the area will be established in the event provided for in subsection 12 (1) of this Act;
3) the boundary of the area will be determined;
4) the manager of the area to be placed under protection will be appointed;
[RT I 2009, 3, 15 - entry into force 01.02.2009]
5) the map of the natural object will be appended to the decision.

(2) For the placing under protection of a species, a list of species in that category of protection will be prepared in Latin and Estonian.

(3) Upon placing an individual natural object under protection, the following will be established:
1) the objective for placing the natural object under protection;
2) the extent of the protective zone;
3) the manager of the individual protected natural object;
[RT I 2009, 3, 15 - entry into force 01.02.2009]
4) the protection procedure.

(4) In the letter of explanation of placing a natural object under protection, the following will be set out:
1) reasons regarding the compliance of the purposes of placing under protection with the prerequisites for protection;
2) reasons for the practicability of placing the natural object under protection;
3) reasons for selection of the type of the natural object to be protected;
4) reasons for the external boundaries and the boundaries of internal zones of the natural object to be protected;
5) reasons for the protection procedure;
6) description of the proceedings for placing the natural object under protection, including a chronological list of the stages of the proceedings, the results of the hearing, and changes made on the basis of proposals made in the course of the proceedings along with the reasons.
[RT I, 18.04.2013, 1 - entry into force 01.05.2013]

(5) A letter of explanation specified in subsection (4) of this section, except for the letter of explanation of a decision to place natural objects protected at the local government level under protection, will be published on the website of the Ministry of the Environment. The letter of explanation of a decision to place natural objects protected at the local government level under protection will be published on the website of the rural municipality or city government.
[RT I, 18.04.2013, 1 - entry into force 01.05.2013]

(6) A decision to place a natural object under protection will enter into force on the tenth day after publication in Riigi Teataja or at the time specified in the decision.
[RT I, 18.04.2013, 1 - entry into force 01.05.2013]

§ 111. Refusal to place natural object under protection

(1) If in the course of the proceedings it becomes evident that it is not practicable or possible to protect the natural object with regard to which the proceedings were initiated, a decision to refuse to place the natural object under protection will be made. A decision to refuse to place a natural object under protection will be made by a directive of the Minister of the Environment and a decision to refuse to place a natural object under local protection will be made by the authority that initiated the proceedings regarding placing the object under protection.

(2) A decision to refuse to place a natural object under protection will enter into force upon signature of the decision.
[RT I, 18.04.2013, 1 - entry into force 01.05.2013]

§ 112. Delivery of decision to place natural object under protection and of decision to refuse to place natural object under protection

(1) The authority conducting the proceedings of placing a natural object under protection will deliver the decision to place the natural object under protection and the letter of explanation thereof to the party to the proceedings within ten days after the publication of the decision in Riigi Teataja and deliver the decision to refuse to place the natural object under protection within ten days after signing the decision.

(2) The documents specified in subsection (1) of this section will be delivered to the parties to the proceedings electronically if, in the course of placing the natural object under protection, the person has granted consent thereto. In the event of electronic delivery, the person is required to immediately confirm the receipt of documents by electronic mail.

(3) If the electronic delivery is not possible or the person has not confirmed the receipt of the documents in the event of electronic delivery, the documents specified in subsection (1) of this section will be delivered to the party to the proceedings by registered mail with advice of delivery.

(4) If electronic delivery is not possible and it is impracticable or impossible to send registered mail with advice of delivery, the authority conducting the proceedings will deliver the documents specified in subsection (1) of this section pursuant to the procedure established in §§ 28-32 of this Act.
[RT I, 18.04.2013, 1 - entry into force 01.05.2013]

§ 12. Protection rules

(1) The protection procedure of a protected area, species protection site or individual protected natural object will 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 manager of a protected natural object, the following is prohibited within a protected area, limited-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) [Repealed – RT I, 18.04.2013, 1 – entry into force 01.05.2013]
4) [Repealed – RT I 2007, 25, 131 – entry into force 01.04.2007]
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;
9) to create a new body of water the area of which is larger than five square metres if a permit for special use of water, building permit or consent for the construction of small construction works need not be issued therefor;
[RT I 2007, 25, 131 - entry into force 01.04.2007]
10) to additionally feed wild game.
[RT I, 18.04.2013, 1 - entry into force 01.05.2013]

(2) The manager of a protected natural object shall not approve of the activity specified in subsection (1) of this section and any other activity requiring, in accordance with the protection rules, the consent of the manager 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, in accordance with the protection rules, the consent of the manager of the protected natural object, the manager 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 manager of the protected natural object or the requirements set in accordance with subsection (3) of this section are not complied with, then in accordance with 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.

(5) The Ministry of the Environment or the Environmental Board has, as the person exercising supervision over environmental impact assessment, the right to determine environmental requirements to protect a protected natural feature if the proposed activities may harm achievement of the objective of protection of the natural feature or the state of the protected natural feature.
[RT I 2009, 3, 15 - entry into force 01.02.2009]

§ 15. Movement within territory of protected natural objects

(1) All roads and pathways within conservation zones and limited management zones of protected areas or within limited-conservation area or leading to protected natural monuments 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 monument is located, the possessor of the immovable shall ensure public access to the monument during such time.

(2) Other persons are allowed to stay in a yard where a protected natural monument 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 manager of the protected natural object in connection with administration of the natural object;
[RT I 2009, 3, 15 - entry into force 01.02.2009]
2) a research worker who holds a certificate prepared according to the format established by the Minister of the Environment and issued in accordance with the terms established by the Minister of the Environment.

§ 16. Transfer of immovable containing natural object

(1) For the purpose of transfer of an immovable or a part thereof situated within a protected area or limited-conservation area or containing a single natural object or the protection site of a species or encumbrance of such immovable or a part thereof with a right in rem, the corresponding contract must contain the following information concerning the natural object:
[RT I, 18.04.2013, 1 - entry into force 01.05.2013]
1) type and name of the natural object;
2) name of the manager of the natural object;
[RT I 2009, 3, 15 - entry into force 01.02.2009]
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, in whole or in part, within the boundaries of a shore building exclusion zone, protection site of a species in the protected category I, limited management zone of a protected natural monument, protected area or limited-conservation area.
[RT I 2007, 25, 131 - entry into force 01.04.2007]

(3) A right of pre-emption does not apply in events 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 application by the manager of a protected area, species protection site, limited-conservation area or protected natural monument, a notation will 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.
[RT I 2010, 38, 231 - entry into force 01.07.2010]

(6) The Minister of the Environment or a person authorised by the Minister shall exercise the right of pre-emption in the name of the state. The costs related to the transfer of ownership of an immovable to be acquired on the basis of the right of pre-emption will be borne by the state.
[RT I 2008, 34, 211 - entry into force 01.08.2008]

§ 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 will be determined, in the event of a limited-conservation area, by a management plan and in the event of other protected natural objects, by protection rules.

(2) Semi-natural community occurrence areas are areas hosting communities of natural biota, such as wooded meadows, alvars, paludified meadows, fen meadows, coastal 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 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) [Repealed – RT I 2006, 30, 232 – entry into force 01.01.2007]

(6) The administrative authority may grant the owner or possessor of an immovable located within the boundaries of a protected natural object use without charge of a movable owned by the state for the performance of necessary activities arising from the protection regime or management plan of the protected natural object.
[RT I 2009, 3, 15 - entry into force 01.02.2009]

(7) The provisions concerning the grant of use of state assets of the State Assets Act do not apply to the grant of use without charge of movables owned by the state. A contract for grant of use will be concluded between the manager of the protected natural object and the person using the immovable and the contract shall set out at least the following:
[RT I 2009, 3, 15 - entry into force 01.02.2009]
1) the types of movables dispatched to the user, 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 regime;
9) the intended purpose of the thing dispatched to the user.
[RT I 2007, 25, 131 - entry into force 01.04.2007]

(8) If the possessor of the immovable refuses to perform the necessary work prescribed by the protection rules or the management plan or fails to reach an agreement with the manager of the protected natural object, the possessor has no right to prevent the manager of the protected natural object from arranging such work.
[RT I 2009, 3, 15 - entry into force 01.02.2009]

(9) In the event specified in subsection (8) of this section, the necessary work to the extent determined by the protection rules will be carried out by the manager of the protected natural object at the expense of the state, unless the natural object has been placed under protection at the local government level.
[RT I 2009, 3, 15 - entry into force 01.02.2009]

(10) Performance of work necessary for preservation of semi-natural biotic communities of protected areas, limited-conservation areas or species protection sites is not deemed to be economic activities or business.

§ 18. Nature conservation subsidy

(1) Nature conservation subsidy 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, limited-conservation areas or species protection sites.

(2) Possessors of immovables have the right to apply for nature conservation subsidy.

(3) The procedure for application for nature conservation subsidy, review of applications and payment of subsidy, the requirements for payment of subsidy, and the rates of subsidy will be established by a regulation of the Minister of the Environment.

(4) Nature conservation subsidy is not paid if:
1) the person who is performing the work fails to comply with the contract concluded for obtaining the subsidy, 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 subsidy;
3) no funds are prescribed by the state budget of the current year for payment of nature conservation subsidy 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 compensation for damage caused by migratory birds in the current year is applied for under subsection 61 (1) of this Act.
[RT I, 18.04.2013, 1 - entry into force 01.05.2013]

(5) Payment of nature conservation subsidy is based on a contract entered into between the manager of the protected natural object and the person performing the work, and the instrument of delivery and receipt concerning work performed in conformance with the requirements of such contract.
[RT I 2009, 3, 15 - entry into force 01.02.2009]

§ 19. [Repealed – RT I 2008, 34, 211 – entry into force 01.08.2008]

§ 20. Acquisition of immovable containing protected natural object

(1) An immovable which contains a protected natural monument or is located, as a whole, within the territory of a protected area, limited-conservation area or species protection site and whose use for its intended purposes is significantly hindered by the protection regime may be acquired by the state upon agreement with the owner of the immovable for payment corresponding to the value of the immovable.
[RT I 2008, 34, 211 - entry into force 01.08.2008]

(11) The state will not acquire an immovable in accordance with the procedure provided for in this section if a person has acquired the immovable after it was placed under protection and the transfer transaction contained information concerning the natural object to be protected, unless:
1) the protection regime applicable regarding the immovable is made stricter;
2) the immovable was acquired by inheritance;
3) the immovable was acquired from a spouse, descendant, parent or his or her descendant or grandparent or his or her descendant, and a person whose immovable is acquired was the owner of the immovable before it was placed under protection or before the protection regime was made stricter;
4) the immovable was acquired by way of restitution of unlawfully expropriated property and the order of the local authority to return the land has been issued before 7 July 1996.
[RT I, 05.04.2013, 2 - entry into force 15.04.2013]

(12) If an immovable is not is located, as a whole, within the territory of a protected area, limited-conservation area or species protection site or if its size exceeds the territory of the limited management zone of a protected natural monument, the part of the immovable located within the protected area, limited-conservation area or species protection site may be acquired by the state based on an agreement between the state and the owner of the immovable. The division of the immovable will be organised by the owner of the immovable and the costs relating to the division will be borne by the person who initiated the acquisition.
[RT 2009, 35, 232 - entry into force 01.07.2009]

(13) Upon agreement with the owner of the immovable, the state may acquire the whole immovable if:
1) the part of the immovable located within the protected area or limited-conservation area is larger than two thirds of the total area of the immovable or
2) the immovable is partially located within the boundaries of a protection site of a species in the protected category I or a limited management zone of a protected natural monument.
[RT I 2008, 34, 211 - entry into force 01.08.2008]

(2) Acquisition of an immovable may be initiated by the owner of an immovable, the manager of a protected natural object or the Minister of the Environment. The Minister of the Environment shall decide on acquisition of immovables. The costs related to the acquisition of immovables will be borne by the state and acquisition will be financed within the limits of the amount allocated in the state budget for each budgetary year.
[RT I 2009, 50, 336 - entry into force 09.11.2009]

(21) The value of an immovable, except the value of an immovable covered with forest, will be determined by the comparison of transactions. Upon determination of the value of an immovable, the real rights which due to their nature cannot be deleted from the land register (e.g. servitudes, neighbourhood rights) and restrictions on the immovable property ownership arising from Acts, except the protection regime which is the bases for the acquisition of the immovable, will be taken into account.
[RT I 2008, 34, 211 - entry into force 01.08.2008]

(22) The value of an immovable covered with forest will be determined as the sum of the value of the plot of land and the crop standing on the plot of land. If, upon determination of the value of an immovable covered with forest, the value of the standing crop is not of material importance and, arising from the market situation, the assessed value of land does not reflect the market price of the region, a representative of the state may order an appraisal in order to determine the value of the immovable covered with forest.
[RT I 2008, 34, 211 - entry into force 01.08.2008]

(3) The procedure for the acquisition of immovables containing protected natural objects by the state and for proceedings regarding proposals and the criteria on the basis of which the use of an immovable for its intended purposes is deemed to be significantly hindered by the protection regime and the procedure and basis for determination of the value of an immovable will be established by a regulation of the Government of the Republic.
[RT I 2008, 34, 211 - entry into force 01.08.2008]

(4) The acquisition of an immovable will be decided in the order of receipt of the applications for acquisition, unless there is good reasons for extension of the proceedings. If there is a good reason, an application will be resolved after the good reason has ceased to exist. Information on the order of receipt of the applications for acquisition will be published on the website of the Ministry of the Environment.
[RT I, 05.04.2013, 2 - entry into force 15.04.2013]

§ 201. Set-off of values of state-owned immovable put on auction and immovable containing protected natural object

[Repealed – RT I, 05.04.2013, 2 – entry into force 15.04.2013]

§ 202. Set-off by Minister of Environment

[Repealed – RT I, 05.04.2013, 2 – entry into force 15.04.2013]

§ 21. Manager of protected natural objects

(1) The manager of a protected area, limited-conservation area, species protection site and protective zone of a protected natural monument will be the Environmental Board (hereinafter administrative authority).

(2) The local authority which decided on placing a natural object specified in subsection 4 (7) of this Act under protection, or a rural municipality or city agency authorised by the local authority to administer the object shall act as the manager of such object.
[RT I 2009, 3, 15 - entry into force 01.02.2009]

§ 22. Administration of protected natural objects

Administration of a protected natural object shall include:
1) issue of a permit for use of the environment determined by this Act and the protection rules, and setting conditions for the issue of the permits;
2) 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;
3) organisation of activities arising from the protection rules or management plan;
4) monitoring of compliance with the requirements provided by this Act and the protection rules, and notification of the Environmental Inspectorate of discovered violations.
[RT I 2009, 3, 15 - entry into force 01.02.2009]

§ 23. Marking of protected natural objects

(1) A protected area, limited-conservation area, protected natural monument or natural object protected at the local government level will be marked such that the location of the protected natural object could be reasonably understandable at the site.

(2) The protected natural object will be marked by the manager of the natural object.
[RT I 2009, 3, 15 - entry into force 01.02.2009]

(3) The procedure for marking protected natural objects and the markings to be used will 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 that contains a brown bear hibernation site or the habitat of a species belonging to the protected category I, or whose immovable is located within such area, or to the possessor of such an area concerning whom a corresponding entry has been made in the land register, an administrator of state assets or an authorised authority (hereinafter jointly referred to as possessor).
[RT I, 18.04.2013, 1 - entry into force 01.05.2013]

(2) A protection obligation notice must contain:
1) information concerning the protected natural object, the name of the authority that 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 manager of the natural object;
[RT I, 18.04.2013, 1 - entry into force 01.05.2013]
4) a list of restrictions provided by this Act and legislation issued on the basis thereof.
[RT I 2007, 25, 131 - entry into force 01.04.2007]

(3) The Environmental Board will issue a protection obligation notice immediately after learning of the whereabouts of a brown bear hibernation site or a habitat of a species belonging to protection category I.
[RT I, 18.04.2013, 1 - entry into force 01.05.2013]

(4) A protection obligation notice will be delivered against a signature or sent by registered mail.

(41) A protection obligation notice will not be delivered to the State Forest Management Centre.
[RT I, 18.04.2013, 1 - entry into force 01.05.2013]

(5) [Repealed – RT I, 18.04.2013, 1 – entry into force 01.05.2013]

(6) [Repealed – RT I, 18.04.2013, 1 – entry into force 01.05.2013]

(7) [Repealed – RT I 2009, 3, 15 – entry into force 01.02.2009]

(8) The possessor of an immovable shall immediately inform third parties who, by an order of the possessor of the immovable, are authorised to stay at the immovable or perform the work or provide services commissioned by the possessor of the immovable about restrictions in force at the protected natural object.
[RT I 2010, 43, 255 - entry into force 17.07.2010]

§ 25. Management plan

(1) For the purpose of organising the protection of limited-conservation areas and protected areas, a management plan will 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.
[RT I 2007, 25, 131 - entry into force 01.04.2007]

(2) The procedure for the preparation and approval of the management plan will be established and the person approving the management plan will be determined by the Minister of the Environment. Information regarding approval of the management plan will be published on the website of the Environmental Board.
[RT I 2009, 3, 15 - entry into force 01.02.2009]

Chapter 4 PROTECTED AREAS

§ 26. National park

(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, conservation zones and limited management zones.

§ 27. Nature reserve

(1) A nature reserve is a protected area prescribed for the preservation, protection, restoration, research and introduction of the natural environment.

(2) The zones possible in a nature reserve are the strict nature reserve, conservation 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 or forest stand is a special type of landscape protection area.

(3) The zones possible in a landscape protection area are the conservation 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 events 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 and organisation of the protection of the natural object.
[RT I 2007, 25, 131 - entry into force 01.04.2007]

(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 manager of the protected area.
[RT I 2009, 3, 15 - entry into force 01.02.2009]

§ 30. Conservation zone

(1) A conservation 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 conservation zone are not deemed to be resources intended for exploitation.

(2) Unless otherwise provided by the protection rules, the following will be prohibited within a conservation 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 areas 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 organisation of the protection and administration of the natural object, and to research carried out with the consent of the manager of the protected natural object.
[RT I 2009, 3, 15 - entry into force 01.02.2009]

(4) The following may be permitted by the protection rules in the conservation zone as activities necessary for the preservation of the object or activities that 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.

(5) [Repealed – RT I 2009, 3, 15 – entry into force 01.02.2009]

§ 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 will 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;
[RT I 2007, 25, 131 - entry into force 01.04.2007]
3) extraction of mineral resources;
[RT I 2007, 25, 131 - entry into force 01.04.2007]
4) design of pure stands and planting of energy forests;
5) regeneration cutting;
6) training of crowns of trees and bushes, planting and cutting woody plants in parks, arboreta and forest stands under protection as special types of landscape protection areas and in the limited management zones of protected areas aimed at protecting park, arboreta and forest stands without the consent of the manager of the protected area;
[RT I, 18.04.2013, 1 - entry into force 01.05.2013]
7) use of biocides, plant protection products and fertilizers;
[RT I 2007, 25, 131 - entry into force 01.04.2007]
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 manager of the protected area;
12) gathering of reed on unfrozen ground.

(3) An obligation to preserve natural balance and 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. If the protection rules prohibit the haulage and transport of timber when the ground is not frozen, the manager of the protected area may allow it when the ground permits it.
[RT I, 18.04.2013, 1 - entry into force 01.05.2013]

(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. Restrictions on the time of cutting may be established by the protection rules within a species protection site.
[RT I 2007, 25, 131 - entry into force 01.04.2007]

(5) [Repealed – RT I 2009, 3, 15 – entry into force 01.02.2009]

Chapter 5 LIMITED-CONSERVATION AREAS

§ 32. Limited-conservation area

(1) A limited-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 limited-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 limited-conservation area.

(3) Logging activities are prohibited within a limited-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 limited-conservation area will be taken account of upon the processing of forest in compliance with the Forest Act. The manager of a limited-conservation area may impose an obligation to:
1) perform planned logging at a determined time,
2) use designated technologies for performance of planned logging.

(41

School essay on natural conservation act

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Natural on essay School act conservation