Estonia

I. Introduction

Estonian environmental legislation is based on two main framework laws: the Act related to the Protection of Nature in Estonia (1990) and the Act on Sustainable Development (1995).

Due to its fractured and disharmonic content, however, the Act related to the Protection of Nature cannot provide a proper basis for more detailed legislation.

These laws are complemented by several other laws and regulations as it is practically impossible to apply them when handling concrete issues. The most important could be listed as follows: Act related to the Protection of Atmospheric Air (1981), Act related to the Use of Natural Resources (1989), Fishing Act (1991), Animal Protection Act (1992), Waste Act (1992), Forest Act (1993), Water Act (1994), Pollution Charge Act (1994), Hunting Act (1994), Environmental Fund Act (1994), Act on Protecting Natural Monuments (1994), and the Earth's Crust Act (1994).

The Act related to Planning and Building, and the Act related to the Protection of the Coastline, are also of importance in the field of environmental protection.

Estonian environmental legislation is divided in accordance with the 'components' of the environment such as water, waste, air, fauna, and flora, but some legal acts regulate overlapping sectors of several components: Pollution Charge Act and Act related to Using Natural Resources, to name just two.

State command-and-control is manifested in the system of project coordination between environmental authorities; the system of permits for pollution and licenses for other activities with environmental impact; and the system of permits for the use of natural resources.

The transition from a centrally planned to a market economy has seen the introduction of environmental taxes with the help of market forces or economic instruments (i.e., mostly the system of pollution charges) and payments for the use of natural resources, or natural resource taxes. Still, command-and-control still prevails, and market forces have yet to gain a real foothold in Estonian environmental protection.

Environmental liability, meanwhile, comes in various forms:

• administrative liability
• criminal liability
• civil liability
• disciplinary liability

Administrative liability is regulated by the Code of Administrative Offenses. The code lists actions qualified as administrative (minor) offenses and sanctions for committing them. It also lists penalties and the officials and courts (or judges) to administer them, determining their competence, as well as rules of administrative procedure. There are about 30 different offenses in the field of environmental protection.

Criminal offenses and penalties are fixed in the Criminal Code. It is possible to punish only physical persons. Environmental crimes are laid down only in the code. There are ten specific environmental crimes, or rather crimes of bearing on the environment (i.e., concerning the illegal use of natural resources, illegal fishing, illegal hunting, illegal logging, destroying or harming forests, pollution of water or air, crimes concerned with the illegal possession or use of radioactive substances, pollution of the sea, illegal holding or use of certain dangerous substances, and violation of waste treatment procedures).

Both administrative violations and criminal offenses can provisionally be classified as follows:

1. Violation of ownership rights to land.
2. Violations of ownership rights to objects of nature.
3. Unauthorized use and violation of procedures of use of natural resources.
4. Causing environmental disturbances.
5. Violation of requirements on the protection of natural objects.
6. Disregard of legal stipulations.

Civil liability, provided for by civil legislation, can be interpreted in two ways in cases where environmental protection issues are involved:

• as a requirement to remedy the inflicted damage, i.e. the costs for the restoration of the former state.
• compensation for forecasted or calculable damage.

Civil liability is one of the main shortcomings of environmental law, as it does not reflect the specific character of environmental harm. The current, traditional civil liability system does not satisfy the requirements of adequate compensation and cost allocation in cases of pollution.

Disciplinary liability is regulated by labor laws. It concerns offenses committed in work places. The liability is applied by the employer.

The system of environmental administration in Estonia is regulated by several legal acts. The system of environmental protection management has undergone many changes during recent years. At present, the Ministry for the Environment is the national environmental protection authority. The state functions at the local level are exercised by the Boards of Environmental Protection of County Government. In Tallinn and in Narva, the state functions are fulfilled by the Boards of Environmental Protection of Local Government. The competence of the Ministry of Environment and the boards is regulated by their statutes and by several other acts. While the County Environmental Protection Boards are not under the subordinance of the Ministry, their relationship is characterized by consistent cooperation.

Obligations may be imposed upon local governments only in accordance with the law or by agreement of the local government. For example, special articles in the Waste Act and in the Water Act lay down the competence of municipalities.