Environmental damage and remedying this

For the purposes of the Environmental Liability Act, environmental damage is deemed to be damage caused to wildlife (protected areas, protected areas, species protection site, individual protected natural objects, protected habitats and bird, animal and plant species), water and soil.

The Environmental Liability Act does not cover damage to species and communities that have not been placed under protection, environmental damage caused by nuclear accidents and damage to ambient air and damage caused by ensuring international security, military action or natural disasters.

The Environmental Liability Act also does not cover damage caused to forests (except in cases where the forest is also a protected habitat type), damage caused to the earth's crust (except in cases where soil damage is caused), non-point pollution and residual pollution.

The person who causes the damage must immediately take preventive measures in the event of a risk of environmental damage.

In the event of damage, the person who caused the damage must implement remedial measures by first developing a plan for remedial measures and submitting it to the Environmental Board for approval.

The person who caused environmental damage must also bear all the costs related to the prevention and remedying of environmental damage.

Rights of persons concerned in prevention and remedying environmental damage

 Any person who:

• Is affected or may be affected by environmental damage
• Has a justified interest in environmental damage proceedings
• Whose rights are violated by the environmental damage or a threat of damage
• Has the right to turn to the Environmental Board and request that the Board take preventive or remedial measures or obligate the person who caused the damage to take preventive or remedial measures.

The same application can also be submitted to the Environmental Board by non-governmental organisations, specified in §31 of the General Part of the Environmental Code Act,whose environmental protection objectives or current environmental protection activities are affected by environmental damage or threat of damage.

The Environmental Board must be sent relevant information related to environmental damage or its threat. We ask that the information be provided in compliance with Regulation No. 32 of the Minister of the Environment of 11.07.2008 "The list of data concerning environmental damage and threats of damage".

The Environmental Board decides on the need to implement preventive and remedying measures by informing the applicant.

• A person himself or herself cannot demand for remedying environmental damage from the person who caused the damage, the Environmental Liability Act regulates only the state's request to remedy the environmental damage.
• Pursuant to the Law of Obligations Act, persons can submit claims in case of damage caused to them by environmentally harmful activities,

Responsibility for environmental damage is covered by almost all environmental laws, but the Environmental Liability Act deals with the prevention of environmental damage and a threat of damage or remedying it. The Act is based on Directive 2004/35/EC of the European Parliament and of the Council on environmental liability for the prevention and remedying of environmental damage (the so-called Environmental Liability Directive).

The Environmental Liability Act does not cover the environment as a whole. Therefore, the definition of environmental damage does not include damage to any environmental component.

Reporting environmental damage

The person who causes environmental damage or the danger thereof is obliged to prevent the occurrence of environmental damage or to remedy the environmental damage caused if a threat of damage occurs.

Therefore, if environmental damage or a threat of damage emerges or a threat of damage remains, the person who caused the damage must immediately notify the Environmental Board (in case of impact on human health also the Health Board) of all the circumstances relating to the environmental damage or the threat of damage.

The person who caused the damage must provide the information specified in regulation No. 32 of the Minister of the Environment of 11.07.2008 "The list of data concerning environmental damage and threats of damage".

In addition to the information specified in the aforementioned regulation, the Environmental Board and the Health Board have the right to demand other relevant data on environmental damage or the threat of it from the person who caused the damage.

Where to report?

State helpline 1247

• Email: 1247@112.ee                           

Contact of the Environmental Board:

• Email: info@keskkonnaamet.ee 
• Phone 662 5999 

Contact of the Health Board:

• Email: info@terviseamet.ee
• Phone 794 3500