Chapter 11
LIABILITY
§ 71. Violation of protection requirements of protected natural objects
(1) Violation of requirements for use or protection of protected natural objects is punishable by a fine of up to 300 fine units or by detention.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 3200 euros.
[RT I 2010, 22, 108 – entry into force 01.01.2011]
§ 72. [Repealed – RT I 2007, 25, 131 – entry into force 01.04.2007]
§ 73. Unlawful cutting of trees in densely populated areas
(1) Unlawful cutting of a tree within a densely populated area is punishable by a fine of up to 300 fine units or by detention.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 3200 euros.
§ 74. Violation of requirements for use or protection of shores and banks of bodies of water
(1) Violation of the requirements set for the use or protection of a shore or bank of a body of water is punishable by a fine of up to 300 fine units or by detention.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 3200 euros.
[RT I 2010, 22, 108 – entry into force 01.01.2011]
§ 741. Violation of requirements for use of non-native species
[RT I 2008, 34, 211 – entry into force 01.08.2008]
(1) Violation of the requirements for the use of non-native species is punishable by a fine of up to 300 fine units or by detention.
[RT I 2008, 34, 211 – entry into force 01.08.2008]
(2) The same act, if committed by a legal person, is punishable by a fine of up to 3200 euros.
[RT I 2010, 22, 108 – entry into force 01.01.2011]
§ 742. Violation of requirements of caviar handling licence
(1) (Re-)packaging and processing of caviar without a licence is punishable by a fine of up to 300 fine units or by detention.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 3200 euros.
[RT I 2010, 22, 108 – entry into force 01.01.2011]
(3) Failure to submit a report which complies with the requirements, delayed submission of such report or knowing submission of incorrect information is punishable by a fine of up to 200 fine units.
(4) The same act, if committed by a legal person, is punishable by a fine of up to 1600 euros.
[RT I 2010, 22, 108 – entry into force 01.01.2011]
(5) Violation of the requirements for marking is punishable by a fine of up to 200 fine units.
(6) The same act, if committed by a legal person, is punishable by a fine of up to 1600 euros.
[RT I 2010, 22, 108 – entry into force 01.01.2011]
§ 743. Violation of protection requirements of wild bird and bat species
(1) Intentional destruction or damaging of the nests and eggs of wild birds or elimination of their nests is punishable by a fine of up to 150 fine units.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 1300 euros.
[RT I 2010, 22, 108 – entry into force 01.01.2011]
(3) Intentional disturbing of specimens of wild bird species and violation of the ringing requirements of birds and bats is punishable by a fine of up to 100 fine units.
(4) The same act, if committed by a legal person, is punishable by a fine of up to 640 euros.
[RT I 2010, 22, 108 – entry into force 01.01.2011]
(5) Sale, transportation for sale, keeping for the purpose of sale and offer for sale of the living or dead specimens of wild bird species and their clearly distinguishable body parts or products manufactured therefrom is punishable by a fine of up to 150 fine units.
(6) The same act, if committed by a legal person, is punishable by a fine of up to 1300 euros.
[RT I 2010, 22, 108 – entry into force 01.01.2011]
§ 744. Violation of conservation requirements of flora and fauna specified in points a and b of Annex IV of Council Directive 92/42/EEC on the conservation of natural habitats and of wild flora and fauna
(1) The destruction and harming of the clearly delineated breeding sites and resting places of the specimens of the species specified in point a of Annex IV of the Council Directive 92/43/EEC on the conservation of natural habitats and of wild flora and fauna is punishable by a fine of up to 150 fine units.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 1300 euros.
[RT I 2010, 22, 108 – entry into force 01.01.2011]
(3) The sale, transportation for sale, keeping for sale and offering for sale of the living or dead specimens of the fauna listed in point a or the flora listed in point b of Annex IV of Council Directive 92/43/EEC or their clearly distinguishable body parts or products manufactured therefrom is punishable by a fine of up to 150 fine units.
(4) The same act, if committed by a legal person, is punishable by a fine of up to 1300 euros.
[RT I 2010, 22, 108 – entry into force 01.01.2011]
(5) Violation of the requirements for removal of the specimens of the fauna listed in point a or the flora listed in point b of Annex IV of Council Directive 92/43/EEC from the wild (incl. keeping and breeding) is punishable by a fine of up to 150 fine units.
(6) The same act, if committed by a legal person, is punishable by a fine of up to 1300 euros.
[RT I 2010, 22, 108 – entry into force 01.01.2011]
§ 75. Proceedings
(1) The provisions of the Penal Code and of the Code of Misdemeanour Procedure apply to the proceedings in the misdemeanour cases provided for in §§ 71-744 of this Act.
[RT I 2009, 53, 359 – entry into force 21.11.2009]
(2) The Environmental Board shall conduct extra-judicial proceedings in misdemeanour cases provided for in §§ 71, 73, 74, 742- 743 of this Act.
[RT I 2009, 53, 359 – entry into force 21.11.2009]
(3) A rural municipality or city government is the extra-judicial body which conducts proceedings in matters of misdemeanours provided for in §§ 71, 73 and 74 of this Act.
(4) The Environmental Inspectorate or the Tax and Customs Board is the extra-judicial body which conducts proceedings in the misdemeanour cases provided for in § 741 of this Act.
[RT I 2008, 34, 211 – entry into force 01.082.008]
Paragraphs added to the Nature Conservation Act (came into force: 1.05.2013) „§ 751. Confiscation (1) The Environmental Inspectorate or court may, pursuant to section 83 of the Penal Code, apply confiscation to the means of committing, or specimens or items which were objects of, misdemeanours specified in sections 71 and 741–745 of this Act. (2) Confiscated specimens belonging to protected species or falling under the Convention on International Trade in Endangered Species of Wild Fauna and Flora or belonging to non-native species, or items made of such specimens, shall be transferred free of charge to the institution designated by the Minister of Environment or destroyed in accordance with the Code of misdemeanor proceedings .”;
§ 76. Receipt of fines
If a rural municipality or city government is the extra-judicial body which has imposed a cautionary fine or a fine for misdemeanours provided for in §§ 71, 73 and 74 of this Act, the cautionary fine or the fine shall be transferred into the budget of the local authority which made the decision.
§ 77. Collection of damages caused to natural objects
(1) The procedure for and rates of compensating the damage caused to the environment by destroying or damaging protected natural objects, and specimens of protected species, or of other species of animals, except for wild game, and by introduction of live specimens of non-native species in the wild shall be established by a regulation of the Government of the Republic based on the limits specified in subsections (4)-(101) of this section and taking account of the level of risk to the protected natural objects.
[RT I 2007, 25, 131 – entry into force 01.04.2007]
(2) The Environmental Inspectorate and administrative authorities of protected natural objects have the right to file a claim with a court for collection of damages caused to a protected natural object or a specimen of a species.
(3) The following is deemed to be causing damage to a protected natural object:
1) cutting or deforestation of woody vegetation within the boundaries of a protected natural object during a time when such activities are prohibited, or at a place where the type of cutting or deforestation is prohibited, or cutting or deforestation in violation of requirements set therefore;
2) unlawful damaging of the soil vegetation within the boundaries of a protected natural object;
3) causing the burning of woody or herbaceous vegetation within the boundaries of a protected natural object;
4) unlawful littering or polluting the area of a protected natural object;
5) destroying or damaging a protected natural monument, a species protection site or finding place of protected fossils;
[RT I 2007, 25, 131 – entry into force 01.04.2007]
6) unlawful destroying of a specimen of a species, rendering a specimen in-viable by injury, or unlawful removing a specimen from the wild;
7) violation of rules established by or on the basis of Council Regulation 338/97/EC.
(4) For specimens in the protected category I:
1) environmental damages in the amount of 96-1280 euros per specimen shall be calculated in the case of unlawful destruction, rendering in-viable by injury or unlawful removal from the species protection site;
2) environmental damages in the amount of 16-510 euros per specimen shall be calculated in the case of causing damage thereto.
[RT I 2010, 22, 108 – entry into force 01.01.2011]
(5) For specimens in the protected category II:
1) environmental damages in the amount of 64-960 euros per specimen or 3.20-13 euros kroons per each gram of the specimen’s mass shall be calculated for the unlawful destruction, rendering in-viable by injury or unlawful removal from the species protection site;
2) environmental damages in the amount of 6-320 euros per specimen or 1.30-6.40 euros per each gram of the specimen’s mass shall be calculated in the case of causing damage thereto.
[RT I 2010, 22, 108 – entry into force 01.01.2011]
(6) For specimens in the protected category III:
1) environmental damages in the amount of 32-640 euros per specimen or 1.30-6.40 euros per each gram of the specimen’s mass shall be calculated for the unlawful destruction, rendering in-viable by injury or unlawful removal from the species protection site;
2) environmental damages in the amount of 6-64 euros per specimen or 0.64-3.20 euros per each gram of the specimen’s mass shall be calculated in the case of causing damage thereto.
[RT I 2010, 22, 108 – entry into force 01.01.2011]
(7) For species protection sites:
1) environmental damages in the amount of 128-9600 euros shall be calculated upon destruction thereof;
2) environmental damages in the amount of 32-3200 euros shall be calculated upon damage thereto.
[RT I 2010, 22, 108 – entry into force 01.01.2011]
(8) For protected natural monuments:
1) environmental damages in the amount of 320-3200 euros shall be calculated upon destruction thereof;
2) environmental damages in the amount of 192-1600 euros shall be calculated upon damage thereto.
[RT I 2010, 22, 108 – entry into force 01.01.2011]
(9) In the case of violation of rules established by and on the basis of Council Regulation 338/97/EC for transactions and activities involving specimens of species set out in Annexes A to D thereto, environmental damages in the amount of 13-127 820 euros shall be calculated depending on the extent of danger to the species and the market value of a specimen.
[RT I 2010, 22, 108 – entry into force 01.01.2011]
(10) In the case of destruction, rendering in-viable by injury, removal from the wild, intentional disturbing, intentional destruction of nests and eggs or elimination of nests of a species which is not protected, except for illegal acts performed with specimens of wild game, or in the case of transactions with specimens and their clearly distinguishable body parts or products manufactured therefrom, environmental damages in the amount of 32-320 euros per specimen shall be calculated.
[RT I 2010, 22, 108 – entry into force 01.01.2011]
(10) Environmental damages in the amount of 12.80-6400 euros per specimen of a non-native species shall be calculated upon introduction of live specimens of the non-native species in the wild.
[RT I 2010, 22, 108 – entry into force 01.01.2011]
(11) Compensation received for damages caused to natural objects shall be used for the purpose and pursuant to the procedure provided by law.
