Ecology, Energy, Estonia

By a decision adopted on Feb. 5, 2016, the Environmental Board did not grant an application of AS Generaator for the special use of water for generating hydro energy at the former Kunda plant dam. The Environmental Board refused the permit on the grounds that generating hydro energy would not enable to fulfill the obligation arising from legislative acts to improve the environmental condition of Kunda River and would undermine the living conditions of fish in a Natura protected area, the top court said.

The Environmental Board made the decision without waiting for the results of an environmental impact assessment, when the applicant had not observed the deadline for the submission of such report.

The top court found that when the circumstances are sufficiently clear, an environmental permit can be refused also without the procedure for the assessment of environmental impact having been completed. It said that in certain cases, assessment of environmental impact is a mandatory prerequisite only for the issuance of a permit, not refusal thereof.

The Supreme Court explained that the objective arising from EU law to achieve a good condition of surface water and groundwater set out in the Water Act and the national hydrological plan is a binding obligation for the state based on which the issuance of a permit for the special use of water to a person can be refused. Exceptions to this rule can be made only in the event of dominant public interest.

In addition, the top court said that damming represents an activity that requires a permit and that drawing out the procedure related to the permit for the special use of water or filing of repeat applications does not authorize a person to engage in unauthorized damming. The Environmental Board is entitled to issue a precept for the demolition of a dam also when the procedure of a permit for the special use of water is underway.