Environmental Liability Act1
Passed 14 November 2007
Chapter 1
General Provisions
§ 1. Scope of application of Act
(1)This Act regulates the prevention of and remedying of damage caused to the environment based on the principle that polluters shall pay.
(2)This Act does not apply to environmental damage or threat of environmental damage caused by:
1)an act of armed conflict, hostilities, civil war or insurrection or a natural phenomenon of exceptional, inevitable and irresistible character;
2)an event or an act in respect of which liability for environmental damage is regulated by the International Convention on Civil Liability for Oil Pollution Damage, 1992, the Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992, or the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001;
3)activities covered by the Treaty establishing the European Atomic Energy Community or an event or act in respect of which liability is regulated by the Vienna Convention on Civil Liability for Nuclear Damage or the agreed protocol for the implementation of the Vienna Convention and the Paris Convention;
4)activities the main purpose of which is to serve international security or activities the sole purpose of which is to protect from natural disasters;
5)national defence activities on the territory and to the extent prescribed for such purposes.
(3)This Act applies to environmental damage or threat of environmental damage caused by non-point pollution if it is possible to determine the causal link between the environmental damage or its threat and a person’s or persons’ act(s) or failure to act.
(4)This Act applies to environmental damage or threat of environmental damage caused by an event occurring after the entry into force of this Act or an activity or failure to act in respect of environmental damage or threat of environmental damage if not more than 30 years have passed from the event, activity or failure to act that caused it.
(5)This Act does not apply to environmental damage caused by an event, activity or failure to act occurring after the entry into force of this Act if it is caused by an activity which occurred and terminated before the entry into force of this Act.
(6)The provisions of the Administrative Procedure Act apply to the administrative proceedings prescribed in this Act, taking account of the specifications provided for in this Act.
§ 2. Environmental damage and threat of environmental damage
(1)For the purposes of this Act, an environmental damage is:
1)substantial adverse effect on reaching or maintaining a favourable conservation status of a habitat or species (hereinafter damage caused to a habitat or a species);
2)substantial adverse effect on a protected area, a special conservation area, a species protection site, a protected individual natural object (hereinafter damage caused to a protected area);
3)substantial adverse effect on the ecological or chemical status of a surface water body or coastal waters or on ecological potential or on the chemical or quantitative status of a groundwater body (hereinafter water damage);
4)land damage caused by direct or indirect introduction of substances, preparations, organisms or micro-organisms into the environment which results in a significant risk of human health being adversely affected (hereinafter land damage).
(2)"Substantial adverse effect" means a measurable adverse change in the quality or quantity of a habitat, species, protected area, water or land (hereinafter natural resources) or measurable impairment of the quality or quantity of the functions performed by a natural resource for the benefit of another natural resource or the public which may occur directly or indirectly.
(3)Clauses (1) 1) and 2) of this section do not cover previously determined harmful effects which have been caused by activities for which an administrative authority has granted permission taking account of the results of environmental impact assessment and on the basis of § 29 of the Environmental Impact Assessment and Environmental Management System Act or which an administrative authority has permitted on the basis of law.
(4)For the purposes of clause (1) 3) of this section, " substantial adverse effect " means an effect which impairs the status of a surface water body, coastal waters or groundwater body in such a way that the class of the status of a surface water body, coastal waters or groundwater body changes. For the purposes of this Act, "surface water body" means a surface water body entered in the environmental register.
(5)For the purposes of clause (1) 3) of this section," substantial adverse effect" does not mean a situation where good ecological status of a surface water body or coastal waters or, where relevant, good ecological potential or good chemical or quantitative groundwater status is not achieved or deterioration in the status of a surface water body, coastal waters or a groundwater body cannot be prevented due to new modifications to the physical characteristics of a surface water body or coastal waters or alterations to the groundwater level or if failure to prevent deterioration from high status to good status of a surface water body or coastal waters is the result of development activities, provided that all the following conditions are met:
1)all practicable steps are taken to mitigate the adverse impact on the status of the water body;
2)the reasons for the modifications or alterations provided in this subsection are set out and explained in the water management plan and the new environmental objectives are reviewed every six years;
3)the reasons for the modifications or alterations provided in this section are of overriding public interest or the benefits to the environment and to society of achieving the objectives set out in the water management plan are outweighed by the benefits of the new modifications to human health, to the maintenance of human safety or to sustainable development;
4)the beneficial objectives served by those alterations of the water body cannot for reasons of technical feasibility or disproportionate costs be achieved by other means, which are a significantly better environmental option.
(6)Upon assessment of risks for the purposes of clause (1) 4) of this section the purpose of the use of the area where land damage has occurred shall be taken into account. Risks shall be assessed through risk-assessment procedures taking into account the characteristics and functions of the soil, the type and concentration of the harmful substances, preparations, organisms or micro-organisms, their risk and the possibility of their dispersion.
(7)For the purposes of this Act, "threat of environmental damage" (hereinafter threat of damage) means a sufficient likelihood that environmental damage will occur in the near future.
§ 3. Determination of environmental damage and threat of damage and original status
(1)The original status and the provisions of § 2 of this Act and subsections (3) and (4) of this section shall be taken into account upon determination of environmental damage.
(2)The original status means the condition of natural resources and the benefits of it which would exist if no environmental damage had been caused.
(3)The environmental damage specified in clauses 2 (1) 1) and 2) of this Act shall be determined on the basis of the number of individuals, the size of the population and habitat, the importance of the individuals or damaged area to the population, species habitat or protected area, threats to the species or habitat at the local or national level or at the level of the European Union, reproductiveness and viability of the species, natural self-regeneration of the habitat, species and the protected area, the protection objective, the protection regime or the protected category of the habitat, species and the protected area and the benefits of the habitat, species or protected area. Damage which has an adverse impact on human health is deemed to be environmental damage.
(4)An adverse effect which is smaller than a natural change that is considered normal in the case of a concrete habitat, species or protected area and which has occurred due to natural factors or in the course of ordinary management, or if the habitat, species or protected area reaches the original status or an equivalent or better status as compared to the original one within a short period of time and without intervention may be not deemed to be environmental damage within the meaning of clauses 2 (1) 1) and 2) of this Act.
(5)Environmental damage and threats of environmental damage shall be determined by the environmental authority of the location of the occurrence of the adverse effect (hereinafter environmental authority). If an adverse effect extends to several counties, the Minister of the Environment shall determine the competent environmental authority.
§ 4. Habitats and species
(1)For the purposes of this Act, a habitat is:
1)a habitat of a species specified in subsection (2) of this section;
2)a habitat type specified in the regulation established on the basis of subsection (3) of this section.
(2)For the purposes of this Act, a species is:
1)a species belonging to the I, II or II protected category pursuant to the Nature Conservation Act;
2)a species specified in the regulation established on the basis of subsection (3) of this section.
(3)A complementary list of habitats and species deemed to be as habitats and species for the purposes of this Act shall be established by a regulation of the Minister of the Environment on the basis of clauses (a) and (b) of section 3 of Article 2 of the Directive 2004/35/CE of the European Parliament and of the Council on environmental liability with regard to the prevention and remedying of environmental damage (OJ L 143, 30.04.2004, p. 56-75).
§ 5. Favourable conservation status of natural habitats and species
(1)The definition ‚''favourable conservation status of a habitat'' is used within the meaning of subsection (3) 1) of the Nature Conservation Act.
(2)The definition ‚''favourable conservation status of a species'' is used within the meaning of subsection (3) 2) of the Nature Conservation Act
§ 6. Person who causes damage and determination of person who causes damage
(1)A person who causes environmental damage (hereinafter person who causes damage) is a person whose act or failure to act causes environmental damage or threat of environmental damage.
(2)A causal link between an act or failure to act and the damage caused is presumed if it is likely that the damage is caused by an activity specified in subsection 8 (2) of this Act. Upon assessment of the likelihood of a causal link the course of the activity, the used premises, buildings and equipment, the nature and concentrations of the substances and organisms related to the damage, the weather conditions, the time, place and circumstances of the occurrence of the damage and the general peculiarities of the damage shall be taken into account.
(3)The causal link between an act or failure to act and the damage not specified in subsection 8 (2) of this Act shall be proved by the environmental authority proceeding from the criteria provided for in subsection (2) of this section.
(4)The person who causes damage shall be determined by the environmental authority.
Chapter 2
Prevention and remedying of environmental damage
Division 1
General Provisions
§ 7. Definition of prevention and remedying of environmental damage
(1)''Prevention of environmental damage'’ means implementation of measures to eliminate a threat of damage caused by an incident, an act or failure to act or to reduce the extent of possible environmental damage or to manage the contaminants or other damage factors, to prevent, eliminate or otherwise influence the spread in order to limit or to prevent further environmental damage and adverse effects on human health or further impairment of the quality of the benefit of the protected area or water (hereinafter preventive action).(2) ''Remedying of environmental damage'' means implementation of measures to restore, replace or compensate for natural resources or the benefits of it and to eliminate the significant risks dangerous to human health (hereinafter remedial action).
(3)''Restoration'' means achieving the original status of a damaged habitat, species, protected area or water and the benefits of them in the case of the environmental damage specified in clauses 2 (1) 1) – 3) of this Act. Restoration includes also natural recovery.
(4)In the case of land damage “restoration” means elimination of potential hazard to human health.
§ 8. Obligation of person who causes damage to prevent and remedy
(1)The person who causes damage shall take appropriate preventive and remedial action if he or she is liable for causing environmental damage or threat of damage. The person who causes damage shall be liable for causing environmental damage or threat of damage, if he or she is at fault in causing environmental damage or threat of damage.
(2)The person who causes damage shall be liable, regardless of whether he or she is at fault or not if environmental damage or threat of damage has been caused by the following activities:
1)operation of installations for which an integrated environmental permit is required pursuant to the Integrated Pollution Prevention and Control Act;
2)activities requiring a waste permit or a hazardous waste handling licence pursuant to the Waste Act and activities in the case of which registration is prescribed;
3)activities requiring a permit for special use of water pursuant to the Water Act;
4)manufacture, use, storage, processing, release into the environment and onsite transport of dangerous chemicals provided for in the Chemicals Act, plant protection products provided for in the Plant Protection Act and biocides provided for in the Biocides Act;
5)transport of dangerous goods by road, rail, inland waterway, sear or air in the manner prescribed by the Agreement Concerning the International Carriage of Dangerous Goods by Road, the requirements provided for in subsection 66 (2) of the Railways Act, subsection 42 (1) of the Maritime Safety Act or § 54 of the Aviation Act;
6)contained use of genetically modified micro-organisms within the meaning of the Contained Use of Genetically Modified Microorganisms Act;
7)deliberate release into the environment of genetically modified organisms and placing genetically modified organisms in or as products on the market within the meaning of the Deliberate Release Into the Environment of Genetically Modified Organisms Act;
8)transboundary movement of waste transported to or from the European Union for which a permit is required or which is prohibited pursuant to Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste (OJ L 190, 12.07.2006, p. 1-98).
(3)Sections 140 and 141 the General Part of the Civil Code Act and §§104, 137, 138 and 1052-1053 of the Law of Obligations Act apply to the prevention of environmental damage and threat of damage and the remedying of environmental damage, taking account of the specifications provided for in this Act.
(4)The liability related to maritime claims of a person who causes damage is limited by the standards to be applied to maritime claims pursuant to the 1976 Convention on Limitation of Liability for Maritime Claims.
§ 9. Notification obligation
(1)If environmental damage or threat of damage arises or threat of damage continues regardless of the preventive action taken the person who causes damage shall immediately notify the environmental authority of all the circumstances related to environmental damage or threat of damage and submit the information specified in the regulation established on the basis of subsection (2) of this section. If environmental damage or threat of damage may affect human health the person who causes damage shall notify also the Health Protection Inspectorate immediately.
(2)The list of data concerning the environmental damage and threat of damage shall be established by a regulation of the Minister of the Environment.
(3)The environmental authority and the Health Protection Inspectorate have the right to request other relevant information from the person who causes damage which has not been specified in the regulation established on the basis of subsection 2 of this section. The environmental authority and the Health Protection Inspectorate have the right to request information from a person who possibly causes damage also in the case of suspicion of threat of damage.
§ 10. Involvement of experts
(1)An environmental authority has the right to involve experts for determining environmental damage and threat of damage and for determining the relevant prevention and remedial action.
(2)An expert may be a natural person, who has long-term experience in the investigation of natural resources and their benefits and who has provided reliable assessments in the issues of the protection or sustainable use of the relevant natural resource.
(3)An expert shall be selected in cooperation between the environmental authority and the person who causes damage. Disputes arising upon the selection of an expert shall be resolved by the Ministry of the Environment.
(4)The decision of the Ministry of the Environment upon the resolution of the dispute specified in subsection (3) of this section shall be binding to the environmental authority and the person causing damage.
§ 11. Selection of experts upon the occurrence of environmental damage or threat of damage which may affect human health
If an environmental damage or threat of damage may affect human health the environmental authority shall select an expert of the basis of the opinion of the Ministry of Social Affairs concerning the criteria which an expert should comply with.
Division 2
Prevention of environmental damage
§ 12. Obligation to take preventive action
(1)The person who causes damage is obliged to take immediately preventive action if environmental damage or threat of damage occurs and notify an environmental authority about it.
(2)In order to perform the obligation provided for in subsection (1) of this section a person who causes damage has the right to address an environmental authority for the assessment of the suitability of the preventive action to be taken.
(3)An environmental authority has the right, with its order, to require the implementation of preventive action from the person who causes damage and give mandatory instructions for the implementation thereof.
§ 13. Application of preventive action by environmental authorities
(1)If a person who causes damage fails to perform his or her obligations arising from § 12 of this Act, if the person causing damage has not been determined or if he or she is not obliged to bear the costs related to preventive action pursuant to subsection 26 (4) of this Act, preventive action may be taken by the environmental authority. An environmental authority has the right to take preventive action in the case of environmental damage or threat of damage regardless of the person causing damage also in the cases not specified above, except if another state or local government office has an operational responsibility pursuant to law.
(2)Application of preventive action by an environmental authority does not release a person who causes damage from liability.
(3)An environmental authority shall take preventive action pursuant to the Substitutive Enforcement and Penalty Payment Act,taking into account the specifications provided for in this Act.
Division 3
Remedying of environmental damage