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Estonia · Law · SE

226

The Act on Supplementing § 17 of the Water Act

avaldatud riigiteatajasEstonia· Riigikogu· ET

Introduced

21 April 2016

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AVALDATUD_RIIGITEATAJAS

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Source updated

15 June 2016

Summary

With the draft, the Environmental Board is given room to consider so that it is possible to resolve situations where the interests of environmental protection and heritage protection are in conflict. The initiation of the draft law to supplement the Water Act results from the Riigikogu's decision to support the Chancellor of Justice's proposal of 1 December 2015 to bring the Water Act into line with the Constitution. According to the current water law, the owner or occupier of the dam, based on the Nature Conservation Act, must establish a passage for fish both upstream from the dam and if downstream, if the expanded body of water or a section thereof is established as spawning and habitat for salmon, brown trout, sea trout or grayling. To do this, either a special fish passage must be built on the dam or the dam must be demolished, and the law does not allow any exceptions to protect other values. The bill plans to supplement the Water Act with a provision, according to which it is possible to set mitigating measures for the aforementioned obligation or to release the owner of the dam altogether from fishing from the fulfillment of the obligation to build a passage.

Machine translation from Estonian. The official text remains authoritative.

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