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Forest Act

Content

Forest Act - content
Issuer:Riigikogu
Type:act
In force from:01.03.2016
In force until: In force
Translation published:09.02.2016

Forest Act1

Passed 07.06.2006
RT I 2006, 30, 232
Entry into force 01.01.2007, in part 01.07.2007. a.

Amended by the following legal instruments (show)

PassedPublishedEntry into force
24.01.2007RT I 2007, 12, 6420.07.2007
10.12.2008RT I 2008, 56, 31401.01.2009
11.12.2008RT I 2008, 58, 32801.01.2009
18.12.2008RT I 2009, 3, 1501.02.2009
26.11.2009RT I 2009, 62, 40501.01.2010
22.04.2010RT I 2010, 22, 10801.01.2011, will enter into force on the date specified in the decision of the Council of the European Union concerning derogation of the abrogation established with regard to the Republic of Estonia on the basis of Article 140 (2) of the Treaty on the Functioning of the European Union, Decision No 2010/146/EU of the Council of the European Union of 13 July 2010 (OJ L 196, 28.07.2010, pp. 24–26).
16.12.2010RT I, 05.01.2011, 1315.01.2011
28.02.2013RT I, 20.03.2013, 101.04.2013
20.11.2013RT I, 11.12.2013, 101.01.2014, in part 01.07.2014
19.02.2014RT I, 13.03.2014, 223.03.2014, in part 01.01.2015, 01.01.2017 and 01.01.2019
19.02.2014RT I, 13.03.2014, 401.07.2014, in part 23.03.2014
05.06.2014RT I, 29.06.2014, 101.07.2014
20.06.2014RT I, 08.07.2014, 301.08.2014
19.06.2014RT I, 29.06.2014, 10901.07.2014, the ministers’ official titles have been replaced on the basis of subsection 107³ (4) of the Government of the Republic Act.
11.02.2015RT I, 04.03.2015, 114.03.2015
18.02.2015RT I, 12.03.2015, 401.10.2015, in part 01.03.2016
18.02.2015RT I, 23.03.2015, 401.07.2015
09.12.2015RT I, 30.12.2015, 118.01.2016

Chapter 1 GENERAL PROVISIONS 

§ 1.  Scope of application of Act

 (1) This Act regulates the directing of forestry, forest survey and management and compensating the damage caused to the environment within the meaning of this Act, and provides for liability for violation of this Act.

 (2) The provisions of the Administrative Procedure Act apply to administrative proceedings provided by this Act, taking account of the specifications provided for in this Act.

 (3) Precepts are issued under this Act in accordance with the provisions of the Substitutive Enforcement and Coercive Payments Act, taking account of the specifications provided for in this Act.

§ 2.  Purpose of Act

 (1) The purpose of this Act is to ensure the protection and sustainable management of the forest as an ecosystem.

 (2) Forest management is sustainable if it ensures biological diversity, the productivity, regeneration capacity and vitality of forests, and the possibility of multiple uses of forest in a way that satisfies ecological, economic, social, and cultural needs.

§ 3.  Forest and forest land

 (1) Forest is an ecosystem consisting of forest land and the flora and fauna thereof.

 (2) For the purposes of this Act, ‘forest land’ means land that meets at least one of the following requirements:
 1) is entered in the cadastral register as a forest land parcel;
[RT I 2008, 56, 314 – entry into force 01.01.2009]
 2) is a plot of land with an area of at least 0.1 hectares and woody plants with the height of at least 1.3 metres and with the canopy density of at least 30 per cent grow there.

 (3) The land of yards, residential land, parks, cemeteries, green areas, berry gardens, orchards, forest nurseries, gardening centres, arboreta, and plantations of trees and shrubs is not deemed forest land.
[RT I 2008, 56, 314 – entry into force 01.01.2009]

 (4) For the purposes of this Act, ‘tree and shrub plantation’ means a site of habitat established for intensive growing of trees and shrubs on non-forest land where trees and shrubs are grown with regular planting spacing and managed uniformly by age.

§ 4.  Application of Act

 (1) This Act applies to forest land and the flora and fauna thereof.

 (2) This Act does not apply to:
 1) detached plots of forest land with an area of less than 0.5 hectares;
 2) land which conforms to the requirements set out in clause 3 (2) 2 ) of this Act but where the average age of trees does not exceed ten years and the land is not entered in the cadastral register as forest land;
 3) [Repealed – RT I 2008, 56, 314 – entry into force 01.01.2009]
 4) plots of land or immovables where land use other than forest management is planned in accordance with the design criteria or detailed plan;
[RT I 2008, 56, 314 – entry into force 01.01.2009]
 5) [Repealed – RT I 2008, 56, 314 – entry into force 01.01.2009]

 (3) For the purposes of this Act, detached plot of forest land is a detached part of forest surrounded on each side by land parcels other than forest.

§ 5.  State forest land

 (1) In order to ensure the stable state of the environment and multiple uses of forest, the area of state forest land must be at least 20 per cent of the area of the mainland of the Republic of Estonia.

 (2) [Repealed – RT I 2008, 56, 314 – entry into force 01.01.2009]

Chapter 2 DIRECTING OF FORESTRY 

§ 6.  Duties of state in forestry

 (1) The duties of the state in forestry include the following:
 1) the directing of forestry and the drafting of a development plan of a field covering forestry and legislation regulating forestry for this purpose;
[RT I, 13.03.2014, 2 – entry into force 23.03.2014]
 2) ensuring the good state of the forest;
 3) the accounting of forest resources;
 4) the supporting of private forestry;
 5) the administration and management of the state forest;
 6) the organisation of state supervision;
 7) ensuring the protection of biological diversity of the forest.

 (2) The performance of the duties of state in forestry is coordinated by the Ministry of the Environment.

 (3) The function of administration of private forest support specified in this Act may be delegated by the Ministry of the Environment to a foundation that has been established for development and support of private forestry and has sufficient experience in processing forestry support applications, and the Ministry of the Environment may conclude a public law contract with such foundation in accordance with the procedure provided for in the Administrative Cooperation Act.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (4) The Ministry of the Environment will exercise supervision over the performance of a public law contract concluded on the basis of subsection (3) of this section.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (5) If a public law contract is unilaterally terminated or other reasons occur that prevent the foundation from continuing the performance of the administrative function, the Ministry of the Environment will organise further performance.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

§ 7.  Development plan of field covering forestry

  [RT I, 13.03.2014, 2 – entry into force 23.03.2014]

 (1) A forestry development plan for the directing of forestry is prepared for every ten years.

 (2) The forestry development plan sets out the objectives of forestry development and describes the measures and means necessary for the achievement of the objectives.

 (3) [Repealed – RT I, 13.03.2014, 2 – entry into force 23.03.2014]

 (4) The minister responsible for the field will establish a working group for the preparation of the forestry development plan and the research institutions engaged in forestry and other relevant interest groups related to forestry will be involved in the activities of the group.

 (5) The forestry development plan will be approved by the Riigikogu.

 (6) The Government of the Republic will submit a report on the implementation of the development plan of a field covering forestry to the Riigikogu not less frequently than once in every two years.
[RT I, 13.03.2014, 2 – entry into force 23.03.2014]

§ 8.  [Repealed – RT I 2008, 56, 314 – entry into force 01.01.2009]

§ 9.  State register for accounting of forest resource

 (1) The state maintains records of the location, area, growing stock, state, use and restrictions of use of forest in a state register for the accounting of forest resource.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (2) The Government of the Republic will establish the state register for the accounting of forest resource and approve the statutes of the register.

§ 10.  Support to private forestry

 (1) The state supports:
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]
 1) the advising and training of private forest owners;
 2) the training of agricultural advisers, the awarding of professional qualifications to agricultural advisers and the evaluation of agricultural advisers in the field of forest management;
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]
 3) the investments aimed at increasing the economic, ecological, social and cultural value of the forest and the silviculture work performed by private forest owners, including the preservation of cultural heritage and key habitats, and the work aimed at forest improvement;
 4) forestry-related joint activities of private forest owners;
 5) measures to avoid forest damages in a private forest, which may occur independently of the forest owner and to prevent the spread thereof;
 6) inventory of the forests of private forest owners and preparation of forest management plans.
[RT I 2008, 56, 314 – entry into force 01.01.2009]

 (2) Support may be granted to a private forest owner, forest association or agricultural adviser.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (3) [Repealed – RT I 2008, 56, 314 – entry into force 01.01.2009]

 (4) For the purposes of this Act, private forest owner is a natural person or a legal person in private law who has forest land.

 (5) For the purposes of this Act, forest association is a non-profit or commercial association whose activities as specified in the articles of association include forest management and whose members are natural persons or legal persons in private law who have forest land.
[RT I 2008, 56, 314 – entry into force 01.01.2009]

 (51) For the purposes of this Act, ‘agricultural adviser’ means a person whom the professional qualifications of an agricultural adviser have been awarded in the field of forest management on the basis of the Professions Act and in accordance with the procedure provided for therein. A person who has acquired foreign professional qualifications may act as an agricultural adviser if their professional qualifications have been recognised in accordance with the Recognition of Foreign Professional Qualifications Act. The competent authority provided for in subsection 7 (2) of the Recognition of Foreign Professional Qualifications Act is the Rural Economy Research Centre.
[RT I, 30.12.2015, 1 - entry into force 18.01.2016]

 (6) The recipient of support must:
[RT I 2008, 56, 314 – entry into force 01.01.2009]
 1) be solvent, their assets must not have been sequestered, and no liquidation proceedings must have been initiated and no bankruptcy order must have been issued with respect to the recipient;
 2) have performed all the obligations regarding state and local taxes;
 3) have used the forestry support previously granted to them for the intended purpose.

 (7) [Repealed – RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (8) [Repealed – RT I 2008, 56, 314 – entry into force 01.01.2009]

 (9) If, after granting support, it becomes evident that the recipient of support submitted false information or did not use the support for the intended purpose or if other circumstances that would have resulted in the rejection of the application become evident, the Ministry of the Environment or a person who has concluded a public law contract with the Ministry of the Environment on the basis of subsection 6 (3) of this Act will demand that the recipient of support repay the funds received as support.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (91) An application will be rejected if:
 1) the applicant, the recipient of support or the application does not meet at least one of the eligibility criteria;
 2) the budget of financing the type of support or activities does not allow for making a decision to grant the application;
 3) the application knowingly gives false information.
 4) the applicant influences the review of the application by fraud, threat or in another unlawful manner;
 5) the applicant does not allow for verifying its compliance or the compliance of the application with the eligibility criteria;
 6) the applicant has not used support granted in the past on the basis of this Act for the intended purpose;
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]
 7) the applicant has overdue child maintenance support payments in enforcement proceedings.
[RT I, 12.03.2015, 4 - entry into force 01.03.2016]

 (92) Upon verification of the use of support for the intended purpose, the provider of support has the right to:
 1) verify all the documents that the applicant possesses, including financial documents, which are relevant upon verifying the purposeful use of the support;
 2) carry out on-site inspections at the applicant or recipient of support, including to inspect the supported work, activity or object of investment and enter the relevant immovable or building;
 3) in the event of detection of deficiencies, demand that they be eliminated by the prescribed time.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (10) [Repealed – RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (11) The grounds of granting support, requirements for applications, procedure for application for support and review of applications, grounds of evaluation of applications and the procedure for recovery of support will be established by a regulation of the minister responsible for the field.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (12) [Repealed – RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (13) [Repealed – RT I 2008, 56, 314 – entry into force 01.01.2009]

 (14) The Ministry of the Environment or a person who has concluded a public law contract with the Ministry of the Environment on the basis of subsection 6 (3) of this Act makes decisions to grant an application, reject an application, pay support, recover support and other support-related decisions.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (141) An intra-authority appeal filed against a decision specified in subsection (14) of this section will be resolved within 30 days as of its filing to the authority hearing the appeal.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (15) [Repealed – RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (16) [Repealed – RT I, 11.12.2013, 1 – entry into force 01.01.2014]

Chapter 3 FOREST SURVEY 

§ 11.  Forest survey

 (1) Forest survey is carried out with an aim to receive data on the condition of forest and the volume of growing stock, advise forest owners and plan long-term forest management activities.
[RT I 2008, 56, 314 – entry into force 01.01.2009]

 (2) Forest survey consists of the following procedures (hereinafter forest survey activities):
 1) forest inventory;
 2) planning of forest management activities.
[RT I 2008, 56, 314 – entry into force 01.01.2009]

 (3) The forest survey is carried out in accordance with the forest survey guidelines established by a regulation of the minister responsible for the field.

 (4) The forest survey guidelines provide:
 1) the requirements for forest mapping;
 2) the objectives and methods of forest inventory;
[RT I 2008, 56, 314 – entry into force 01.01.2009]
 3) the requirements for the planning of the ways and methods of forest management;
[RT I 2008, 56, 314 – entry into force 01.01.2009]
 4) the methods of calculating the prescribed cut;
 5) the requirements for the preparation of forest management plans.
[RT I 2008, 56, 314 – entry into force 01.01.2009]

 (41) A forest inventory will be taken as a total area forest survey based on cadastral or management units or using the statistical inventory method. The forest inventory data, except the data obtained by the statistical inventory method, will be valid for ten years as of entry thereof in the state register of forest resource along with the data of the forest map. The inventory data to be entered in the register must be not older than one year.
[RT I, 05.01.2011, 13 – entry into force 15.01.2011]

 (42) The inventory data in force is mandatory for an improvement cutting, thinning and selective cutting. The aforementioned does not apply to an immovable where the area of the forest is below two hectares or, if the immovable belongs to a natural person, below five hectares.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (43) A forest management plan will be prepared for a forest owner together with forest inventory, unless the forest owner does not wish it.
[RT I 2008, 56, 314 – entry into force 01.01.2009]

 (5) The following costs of forest survey incurred by the state will be covered from the state budget:
 1) the accounting of forest resource;
 2) [Repealed – RT I 2008, 56, 314 – entry into force 01.01.2009]
 3) the payment of support on the basis of clause 10 (1) 6) of this Act.

 (6) [Repealed – RT I 2008, 56, 314 – entry into force 01.01.2009]

§ 12.  Licence obligation for forest survey activities

  A person or profit-making state agency must hold an activity licence for carrying out forest survey activities (hereinafter activity licence).
[RT I, 29.06.2014, 1 – entry into force 01.07.2014]

§ 121.  Object of inspection of activity licence

 (1) An activity licence will be granted to a legal person or profit-making state agency that:
 1) has enough technical equipment for carrying out forest survey activities in accordance with the more detailed requirements established on the basis of subsection (2) of this section;
 2) carries out forest survey activities with a forest surveyor;
 3) is able to fulfil the requirements for the accuracy of determining the survey characteristics of the stand components provided for on the basis of subsection 11 (3) of this Act;
 4) is able to fulfil the requirements established on the basis of subsection 11 (3) of this Act upon planning forest management work.

 (2) More detailed requirements for the technical equipment of forest survey activities will be established by a regulation of the minister responsible for the field.
[RT I, 29.06.2014, 1 – entry into force 01.07.2014]

§ 122.  Test work, examination and certificate of forest surveyor

 (1) For the purposes of this Act, ‘forest surveyor’ means a natural person who has who has passed an examination and a test work in the theory and practice of forest survey activities in accordance with the procedure established on the basis of this Act and who holds a valid forest surveyor certificate in proof thereof.

 (2) The forest surveyor test work and examination will be organised by the Environmental Agency (hereinafter agency) whose director will establish a committee and appoint the chair of the committee to that end.

 (3) To take the forest surveyor examination and perform the rest work, the applicant must:
 1) have attained special higher or secondary vocational education or corresponding qualifications in forestry;
 2) submit an application to the agency.

 (4) The agency will issue to a person who has passed the examination and successfully performed the test work a certificate certifying their required skills and knowledge or refuse to issue the certificate due to failure to pass the examination and unsuccessful performance of the test work.

 (5) The requirements for forest surveyor test work and examinations, organisation of test work and examinations, assessment of results and issue of forest surveyor certificates will be established by a regulation of the minister responsible for the field.
[RT I, 29.06.2014, 1 – entry into force 01.07.2014]

 (6) A person who has acquired foreign professional qualifications may act as a forest surveyor if their professional qualifications have been recognised in accordance with the Recognition of Foreign Professional Qualifications Act. The competent authority provided for in subsection 7 (2) of the Recognition of Foreign Professional Qualifications Act is the Environmental Agency.
[RT I, 30.12.2015, 1 - entry into force 18.01.2016]

§ 123.  Review of application for activity licence

 (1) The agency reviews an application of an activity licence.

 (2) If the agency does not review an application within the term provided for in the General Part of the Economic Activities Code Act or within an extended term, the activity licence will not be deemed to be granted to the undertaking by default upon expiry of the term.
[RT I, 29.06.2014, 1 – entry into force 01.07.2014]

§ 124.  Information required upon applying for activity licence

  In addition to the information required in subsection 19 (2) of the General Part of the Economic Activities Code, the person applying for a forest survey activity licence must submit the following information to the agency:
 1) list of persons carrying out forest survey activities with the applicant, indicating the name and personal identification code of the person, the number and date of issue of the forest surveyor certificate, and the date of conclusion of the employment contract or the date of the directive appointing the person in office;
 2) list of the compliant technical equipment used for carrying out forest survey activities.
[RT I, 29.06.2014, 1 – entry into force 01.07.2014]

§ 13.  Specifics of revocation of activity licence

  The agency may revoke an activity licence, among other things, if the licence holder:
 1) has, within three months, violated the requirements for forest survey activities or has disregarded the requirements for forest survey activities on 15 per cent of the cadastral units the forest inventory data of which have been submitted for entry in the state register of the forest resource by the holder of the licence;
 2) distorts the height, breast height diameter, age, basal area or composition of the forest stand on one cadastral unit in such a manner that it may result in damage to the environment in the amount of at least 6400 euros;
 3) determines the growing stock on a cadastral unit with an error that exceeds 25 per cent.
[RT I, 29.06.2014, 1 – entry into force 01.07.2014]

§ 14. – § 15. [Repealed – RT I 2008, 56, 314 – entry into force 01.01.2009]

Chapter 4 FOREST MANAGEMENT 

Division 1 General Provisions 

§ 16.  Forest management

  Forest management is the reforestation, silviculture and use of forest, and forest protection.

§ 17. – § 22. [Repealed – RT I 2008, 56, 314 – entry into force 01.01.2009]

§ 23.  Key habitats and protection thereof

  [RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (1) For the purposes of this Act, a key habitat is an area of up to seven hectares, which needs protection outside a protected natural object and where the probability of the occurrence of narrowly adapted, endangered, vulnerable or rare species is great.
[RT I 2008, 56, 314 – entry into force 01.01.2009]

 (2) The classifications of key habitats and the guidelines for the selection of key habitats will be established by a regulation of the minister responsible for the field.

 (3) In the state forest, the manager of state forest organises the protection of key habitats in accordance with a directive of the minister responsible for the field.

 (4) For the protection of a key habitat a notarised contract (hereinafter contract) will be concluded with the owner of the immovable, on the basis of which the immovable will be encumbered with a personal right of use in favour of the state via the Ministry of the Environment for a term of 20 years. A contract can be concluded for the protection of a key habitat that has been entered in the environmental register.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (5) The personal right of use means the right of the state to use the immovable for the protection of a key habitat. The state has the right to prohibit or restrict economic activities in a key habitat arising from the objective of the protection of the key habitat and the forest owner must ensure preservation of the key habitat.
[RT I 2008, 56, 314 – entry into force 01.01.2009]

 (6) Upon establishment of a personal right of use in favour of the state and conclusion of a contract for the protection of a key habitat, the authorised representative of the state is the foundation established for the development and support of private forestry and whose founder’s rights are exercised by the Ministry of the Environment.
[RT I 2008, 56, 314 – entry into force 01.01.2009]

 (7) All the rights and obligations arising from the contract concluded for the protection of a key habitat will transfer upon the transfer of the right of ownership of the key habitat. Upon transfer of ownership of a key habitat, the transferee does not have the right to terminate the contract prematurely within one year after the acquisition.
[RT I 2008, 56, 314 – entry into force 01.01.2009]

 (8) Compensation for the damage caused by the restrictions on forest use in a key habitat and for the costs of maintenance of a key habitat (hereinafter fee for the right to use a key habitat) is paid to the owner of the immovable in equal yearly instalments during the period of encumbrance with a personal right of use for the benefit of the state.
[RT I 2008, 56, 314 – entry into force 01.01.2009]

 (9) The fee for the right to use a key habitat is calculated by the method established on the basis of subsection (10) of this section.
[RT I 2008, 56, 314 – entry into force 01.01.2009]

 (10) The detailed bases and procedure for the calculation of the fee for the right to use a key habitat and content of the contract will be established by a regulation of the minister responsible for the field.
[RT I 2008, 56, 314 – entry into force 01.01.2009]

§ 231.  Management of forest designated for protection of environment

  Upon management of a forest designated by a plan for the protection of a settlement or residential building against air pollution, noise, strong wind or snowstorm or for reducing the fire risk or prevention of the spread of forest fire, the local authority may, by agreement with the landowner, establish restrictions to the type of cutting in the event of regeneration cutting and to the size of the cutting area and the rotation age in the event of clear cutting.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

Division 2 Reforestation 

§ 24.  Reforestation

 (1) [Repealed – RT I 2008, 56, 314 – entry into force 01.01.2009]

 (2) Reforestation methods are:
 1) soil scarification with a view to enabling tree seeding and planting of trees or fostering of natural regeneration;
 2) tree seeding;
 3) the planting of trees;
 4) the improvement of a forest culture;
 5) the promotion of the generation and development of natural regeneration in any other manner.

 (3) A forest owner must apply the reforestation methods specified in subsection (2) of this section to an extent that ensures the regeneration of the forest not later than five years or, in the event of a marsh site type, ten years after the cutting or the perishing of the forest.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (4) For the purposes of this Act, a forest is deemed to be regenerated if tree species suitable for the forest site type with the dimensions and in the quantity which guarantee the generation of a new forest generation grow on the whole area where the forest perished or was cut. The existence of trees is not required in natural kettle holes located on clear cut areas or in perished parts of forest, on branch piles and drag roads strengthened with slash.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (5) For the purposes of this Act, a forest in which the canopy density as determined on the basis of live trees is less than 30 per cent or crop density has fallen below 0.3 due to wind, fungus diseases, damage caused by insects or wild animals, flood(ing)s, fire, pollution or other biotic or abiotic damages is deemed to be perished.

 (6) A forest may be reforested only with tree species suitable for the forest site type and the minister responsible for the field will establish the list of the types by the rules of forest management.

 (7) The minister responsible for the field will establish the required minimum number of trees per hectare and the minimum height of the trees to be taken into account for each forest site type or type group by the rules of forest management.

 (8) The basic material of the cultivating material used for reforestation must originate from a permitted region of origin. The regions of origin of the basic material of the cultivating material permitted for forest cultivation in Estonia will be established by a regulation of the minister responsible for the field.

 (9) The list of alien tree species permitted to use in reforestation will be established by a regulation of the minister responsible for the field.

 (10) The requirements for reforestation, including in site types where the application of reforestation methods is not mandatory or where the forest is reforested by sowing or planting, the minimum original density of places of sowing and planting, the requirements for the reforestation of stands cut due to the preparation of the soil or root rot will be established by a regulation of the minister responsible for the field.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

§ 25.  Reforestation obligation

 (1) A forest owner must apply reforestation methods in perished parts of forest or clear cut areas with an area of at least 0.5 hectares within two years after the cutting or perishing thereof.
[RT I 2008, 56, 314 – entry into force 01.01.2009]

 (2) The application of reforestation methods is not required if:
 1) according to the reforestation expert assessment conducted by the Environmental Board, there is a natural regeneration with suitable species composition and sufficient number of plants on the whole area of a perished part of a forest or a clear cutting;
[RT I 2008, 56, 314 – entry into force 01.01.2009]
 2) the perished part of forest or the cutting area belongs to the site type for which the application of reforestation methods is not required in accordance with the rules of forest management established on the basis of this Act;
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]
 3) the perished part of forest or the cutting area is located in the special management zone of a protected natural object.
[RT I 2008, 56, 314 – entry into force 01.01.2009]

 (3) The minister responsible for the field will establish the procedure for the commissioning and conducting reforestation expert assessments in the rules of forest management.

 (4) An expert assessment of reforestation will be carried out on the basis of a reasoned order placed by a forest owner or, based on other information received by the Environmental Board, at the expense of the state for the purpose of verifying the performance or extension of the reforestation obligation or of release from the reforestation obligation.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (41) [Repealed – RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (5) The minister responsible for the field or a person authorised by the Minister may extend the term for the application of reforestation methods specified in subsection (1) of this section at the request of the forest owner if the application of reforestation methods is unjustified in the first two years due to the specific natural conditions or the reasons for the perishing of the forest which are independent of the forest owner, as well as due to teaching and scientific research.

 (6) The minister responsible for the field or a person authorised by the Minister may extend the term for forest regeneration specified in subsection 24 (3) of this Act at the request of the forest owner if forest regeneration is impossible within five years due to the extension of the term for application of reforestation methods, the specific natural conditions or the reasons for the perishing of the forest which are independent of the forest owner.

 (7) The minister responsible for the field will establish the procedure for the extension of terms for the application of reforestation methods and forest regeneration by the rules of forest management.

 (8) If the application of reforestation methods is obligatory but the forest owner fails to apply the methods within two years after the perishing of the forest or after the cutting and the term for application of reforestation methods has not been extended or a perished part of forest or a clear cut area has not been regenerated with tree species suitable for the forest site type within five years or, in the event of a marsh site type, ten years and the term for forest regeneration has not been extended, the Environmental Board will, on the basis of an expert assessment of reforestation, issue a precept to the forest owner for the application of reforestation methods. The precept will be delivered to the forest owner against a signature or by registered mail with advice of delivery. If the precept is not complied with within the time-limit specified therein, the Environmental Board will take a coercive measure. If the Environmental Board applies a coercive payment as a coercive measure, the upper limit for the fine will be 1300 euros per hectare.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (9) A precept must set out:
 1) the name of the administrative body in whose name the precept is issued;
[RT I 2009, 3, 15 – entry into force 01.02.2009]
 2) the given name, surname and official title of the person issuing the precept;
 3) the date and, where necessary, the time of issue of the precept;
 4) the name of the forest owner to whom the precept is issued;
 5) circumstances and legal basis on which the precept is based;
 6) the conclusion of the precept that sets out the necessary reforestation methods and the term for applying the methods;
 7) the coercive measure that is applied in the event of failure to comply with the precept;
 8) the procedure and term for contesting the precept;
 9) the signature of the person issuing the precept.

 (10) The obligation of the reforestation of a perished part of forest or a clear cutting is transferred to the new owner of the immovable upon transfer of an immovable and the terms for reforestation provided for in this section is calculated as of the perishing of the part of forest located on the immovable or the cutting.

§ 26.  [Repealed – RT I 2008, 56, 314 – entry into force 01.01.2009]

Division 3 Silviculture 

§ 27.  Silviculture

 (1) For silviculture, improvement cutting and regulation of the water and nutrition regime of forest soil are permitted.

 (2) The Land Improvement Act provides the procedure for design, construction and maintenance of land improvement systems.

 (3) The fertilisation of forests, except forest nurseries, with mineral fertilisers is prohibited.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

§ 28.  Fellings

 (1) For the purposes of this Act, at least one of the following works performed on forest land is deemed to be cutting:
 1) felling of trees and bushes;
 2) lopping of felled trunks;
 3) cross-cutting of trunks;
 4) hauling and dragging of timber.

 (11) For the purposes of this Act, the cleaning of existing roads, ditches or other tracks, rides or protection zones on forest land and that of a maturing or mature stand from trees and bushes with the average breast height diameter of up to eight centimetres and the cleaning of a land improvement system from woody flora in the course of maintenance of the land improvement system within the meaning of § 49 of the Land Improvement Act is not deemed to be cutting.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (2) The following is timber:
 1) felled tree and stem;
 2) the part of stem acquired by means of cross-cutting the stem;
 3) slash.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (3) For the purposes of this Act, up to ten ornamental trees are not deemed to be timber.

 (4) The following types of cutting are permitted:
 1) regeneration cutting, including clear cutting and shelterwood cutting;
 2) improvement cutting, including cleaning in stands with the average breast height diameter of up to eight centimetres, thinning in stands with the average breast height diameter of eight centimetres and larger, and sanitary cutting;
 3) selective cutting;
 4) track cutting, including the cutting of quarter or boundary lines or the cleaning of an existing ride or road shoulder, ditch bank or ditch shoulder from trees with the average breast height diameter of more than eight centimetres;
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]
 5) deforestation;
 6) formative cutting carried out at a protected natural object in order to attain the protection goal in accordance with the protection management plan, action plan for the protection and control of a species or for the purpose of preservation and improvement of the status of a protected individual natural object or key habitat;
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (5) Breast height diameter means the diameter of the stem measured at the height of 1.3 metres from the root collar. The average breast height diameter of the dominant tree species is deemed to be the average breast height diameter of a stand.
[RT I 2008, 56, 314 – entry into force 01.01.2009]

 (6) Regeneration cutting is carried out in order to enable reforestation or forest regeneration.
[RT I 2008, 56, 314 – entry into force 01.01.2009]

 (7) Improvement cutting is carried out:
[RT I 2008, 56, 314 – entry into force 01.01.2009]
 1) for the improvement of the daylight and nutrition conditions of trees and shaping of the composition of the forest (cleaning);
 2) for the raising of the value of a forest, for the regulation of forest density and composition, and for enabling the use of the timber of dead trees which will fall out in the immediate future (thinning).
 3) for the improvement of the sanitary state of the forest and for enabling the use of the timber of dying or dead trees that are not a source of danger, if this does not endanger the biological diversity (sanitary cutting).

 (8) Selective cutting is carried out for the purpose of management as a selection forest in a forest stand that has attained the rotation age established on the basis of subsection 29 (5) of this Act by cutting out single trees and minor groups. The diameter of minor groups may be up to a half of the average height of the stand.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (81) The minister responsible for the field will establish the characteristics of a stand that allow for selective cutting and the minimum limit of the basal area and the crop density in a stand after selective cutting and the maximum volume of wood permitted to cut within a year by selective cutting by the rules of forest management.
[RT I 2008, 56, 314 – entry into force 01.01.2009]

 (82) For the purposes of this Act, ‘management as a selection forest’ means the continuous natural or human-induced replacement of cut or fallen trees with new trees that are naturally characteristic of the site type.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (9) The minimum size of a quarter is ten hectares upon the cutting of quarter lines.

§ 29.  Clear cutting

 (1) In the event of clear cutting, all trees are cut from the cutting area within one year after the beginning of the cutting, with the exception of:
 1) 20–70 pines, white birches, ashes, oaks, black alders, European white elms or Scots elms per hectare, dispersed or situated in small groups, which are left as seed trees, and viable undergrowth;
 2) [Repealed – RT I 2008, 56, 314 – entry into force 01.01.2009]
 3) old crop trees, i.e. trees that are necessary to ensure the biological diversity, or the preserved standing parts of such trees, with the total volume of stem wood of at least five solid cubic metres per hectare or, in the case of a cutting area sized over five hectares, at least ten solid cubic metres per hectare.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (2) Seed trees will not be left if the forest to be cut does not contain trees suitable for seed trees or if viable undergrowth of the tree species suitable for the forest site type exists on the cutting area for reforestation and it is preserved in the course of cutting. Also, it is not mandatory to leave seed trees on a part of the cutting area which is located at a distance of less than 30 metres from the edge of a conifer stand of the seed-bearing age or less than 50 metres from the edge of a white birch stand of the seed-bearing age.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (3) The minister responsible for the field will establish the requirements for seed trees and old crop trees and for their preservation and the bases for the assessment of the seed-bearing age of a stand by the rules of forest management.
[RT I 2008, 56, 314 – entry into force 01.01.2009]

 (4) Clear cutting is permitted in a stand that meets at least one of the following conditions:
 1) the average age of the upper layer weighed on the basis of the composition of the stand is equal to or exceeds the rotation age of the upper layer weighed on the basis of the composition of the stand;
[RT I, 11.12.2013, 1 – entry into force 01.07.2014]
 2) the stand has reached the average breast height diameter established on the basis of clause 1) of subsection (6) of this section;
 3) the basal area or the crop density of the stand is less than the rate established on the basis of clause 2) of subsection (6) of this section.

 (41) The methodology of calculating the average age and rotation age of the upper layer weighed on the basis of the composition of the stand will be established by the minister responsible for the field in the rules of forest management.
[RT I, 11.12.2013, 1 – entry into force 01.07.2014]

 (5) In the rules of forest management, the minister responsible for the field will establish the rotation age as of which clear cutting is permitted per tree species and quality classes, making certain that it is:
 1) 90–160 years in the event of clear cutting of pine stands and hard broadleaved tree stands;
 2) 80–120 years in the event of clear cutting of spruce stands;
 3) 60–80 years in the event of clear cutting of birch stands and black alder stands;
 4) 30–50 years in the event of clear cutting of aspen stands.
[RT I, 11.12.2013, 1 – entry into force 01.07.2014]

 (51) Basal area is the area of the imaginary cross-section of the stem at a height of 1.3 metres from the root collar. Basal area of a stand is the total of the basal areas of all trees growing in the stand, expressed in square metres per hectare. Crop density is the ratio of the basal area of a stand to the basal area of a similar normal stand. The basal area and crop density are determined by layers.
[RT I 2008, 56, 314 – entry into force 01.01.2009]

 (6) The minister responsible for the field will establish by the rules of forest management for dominant tree species and quality classes:
 1) the average breast height diameter of a stand in excess of which clear cutting is permitted in a stand;
 2) the maximum basal area and the crop density in a stand permitting clear cutting in a stand.

 (7) A stand in which oak, ash, Scots elm, European white elm or maple are dominant tree species is deemed to be hard broadleaved tree stand.

 (8) [Repealed – RT I 2008, 56, 314 – entry into force 01.01.2009]

 (9) New clear cutting must not be commenced at a stand compartment bordered by the clear cut area before the regeneration of the clear cut area, unless the total of the area of the clear cut area and the new clearcut does not exceed the maximum width of a clearcut provided for in subsection (11) of this section.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (91) A stand compartment means a portion of a forest which forms a whole in terms of its area and which, given the site type, the composition, age, basal area, height and origin of the stand, is sufficiently uniform throughout for the purpose of application of the same management methods.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (10) [Repealed – RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (11) In the event of clear cutting:
 1) the area of a cutting area must not exceed two hectares on dunes, in areas sensitive to erosion or deflation and in areas of infiltration or with pressured groundwater;
[RT I 2008, 56, 314 – entry into force 01.01.2009]
 2) the cutting area must not exceed two hectares in marsh site types and in lichen site types;
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]
 21) if the site type is that of a mesotrophic mire, Vaccinium myrtillus drained peatland, Oxalis drained peatland, marsh and bog, the cutting area must not exceed five hectares, unless the area remains within the boundaries of one stand compartment;
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]
 3) in site types not specified in clauses 2) and 21) of this subsection, the cutting area must not exceed seven hectares, unless the area remains within the boundaries of one stand compartment;
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]
 4) the cutting area located in various site types must not exceed seven hectares, taking into account the restrictions established in clauses 2) and 21) of this subsection.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (111) [Repealed – RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (12) The Environmental Board may allow, on the basis of a forest protection expert assessment conducted on the order of the forest owner, for enabling the reforestation of a forest perished due to a natural disaster or with a poor state of health due to natural factors, as well as of a stand with poor phenotype or a stand with a small basal area and crop density due to a reason independent of the forest owner:
[RT I 2008, 56, 314 – entry into force 01.01.2009]
 1) clear cutting in stands which are younger than the age established on the basis of subsection (5) of this section, with the average breast height diameter less than the rate established on the basis of clause 1) of subsection (6) and with basal area and crop density exceeding the rate established on the basis of clause 2) of subsection (6);
 2) cut clearcuts whose area exceeds that specified in subsection (11) of this section.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

§ 30.  Shelterwood cutting

 (1) Shelterwood cutting is divided into shelterwood compartment cutting, group selective cutting and shelterwood strip cutting.

 (2) In the event of shelterwood compartment cutting, dispersed trees are cut in the forest subject to reforestation in several cutting stages within a period of ten to twenty years.

 (3) In the event of group selective cutting, the forest subject to reforestation will be cut by groups in several cutting stages. The minister responsible for the field will establish the number and size of the gaps to be cut in the rules of forest management.

 (4) In the event of shelterwood strip cutting, trees will be cut from the edges of the cutting area by way of clear cutting at a width that does not exceed the height of the stand. Single trees or groups will be cut at the width corresponding to the height of the stand next to a clearcut strip if there is undergrowth. A clearcut area may be expanded after the regeneration of the part of the forest that was clearcut at the previous cutting stage.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (5) Shelterwood cutting may be carried out in a stand which belongs to the type of forest in which shelterwood cutting is permitted in accordance with the rules of forest management established on the basis of subsection (7) of this section and where the average age of the upper layer weighed on the basis of the composition of the stand is equal to or exceeds the rotation age of the upper layer weighed on the basis of the composition of the stand and established on the basis of subsection 29 (5) of this Act or which has attained the average breast height diameter established on the basis of clause 29 (6) 1).
[RT I, 11.12.2013, 1 – entry into force 01.07.2014]

 (5) Shelterwood cutting may be carried out in a stand which has reached the rotation age established on the basis of subsection 29 (5) of this Act and which belongs to the type of forest in which shelterwood cutting is permitted in accordance with the rules of forest management established on the basis of subsection (7) of this section.

 (6) In the event of shelterwood cutting:
 1) there must be at least five years between the cutting stages, not including the cutting years;
 2) the next cutting stage may be commenced when there are trees of the type suitable for the forest site type in the cutting area with the measurements and in the quantity established on the basis of subsection (7) of this section;
 3) the cutting area must not exceed ten hectares, unless it is within the boundaries of one stand compartment;
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]
 4) new cutting must not be commenced in a stand compartment bordered by a shelterwood cutting area that has not been regenerated, unless the total size of the areas does not exceed the maximum size of the cutting area provided for in clause 3) of this subsection;
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]
 5) the basal area and crop density of the upper layer of the stand must not be reduced below the minimum rate established on the basis of subsection (7) of this section;
 6) [Repealed – RT I 2008, 56, 314 – entry into force 01.01.2009]

 (7) The minister responsible for the field will establish the characteristics of a stand which allow for shelterwood cutting in a stand, the minimum limit of the basal area and the crop density of the upper layer of a stand after each stage of cutting, the minimum number of trees per hectare of the cutting area of the natural regeneration required before commencement of the next cutting stage and the minimum height of the trees to be taken into account and the forest types in which shelterwood cutting is permitted by the rules of forest management.

§ 31.  Improvement cutting

 (1) Improvement cutting may be carried out in a stand which has the characteristics established on the basis of subsection (4) of this section.

 (2) Upon thinning, the basal area of the upper layer of the stand must not be reduced below the minimum rate established on the basis of subsection (4) of this section.
[RT I 2008, 56, 314 – entry into force 01.01.2009]

 (3) Sanitary cutting is carried out for the removal of trees that are a source of infection or promote the reproduction of pests from a forest, as well as the dying or dead trees that are not a source of danger and the seed trees that have fulfilled their function. The minister responsible for the field will establish the essential characteristics of the trees permitted to be cut by sanitary cutting by the rules of forest management.

 (4) The minister responsible for the field will establish the characteristics of a stand that allow for improvement cutting in a stand and the minimum limit of the basal area of the upper layer of the stand after thinning by the rules of forest management.
[RT I 2008, 56, 314 – entry into force 01.01.2009]

§ 32.  Deforestation

 (1) Deforestation means the cutting that is done in order to enable the use of land for purposes other than silviculture.

 (2) Deforestation is carried out:
[RT I 2008, 56, 314 – entry into force 01.01.2009]
 1) [Repealed – RT I 2008, 56, 314 – entry into force 01.01.2009]
 2) for the purpose of compliance with the requirements established for the maintenance of a construction works having a protection zone and maintenance of the protection zone of the construction works on the basis of building design documentation or on the basis of an operational plan of the electrical installation if the preparation of a detailed plan is not mandatory;
[RT I, 23.03.2015, 4 – entry into force 01.07.2015]
 3) [Repealed – RT I, 11.12.2013, 1 – entry into force 01.01.2014]
 4) on the basis of other valid design documentation, maintenance schedule or document arising from legislation which serves as the basis for the use of land for purposes other than forest management.
[RT I 2008, 56, 314 – entry into force 01.01.2009]

 (3) [Repealed – RT I 2008, 56, 314 – entry into force 01.01.2009]

§ 33.  Environmental protection requirements upon cutting

  In addition to the provisions of §§ 28–31 of this Act, the minister responsible for the field will establish the following detailed requirements by the rules of forest management:
 1) the requirements for the protection of the trees which are left growing, natural regeneration, the soil of the cutting area and the surrounding forest;
 2) the requirements for the protection of biological diversity and the objects of heritage culture;
 3) the requirements for drag roads and timber landings.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

Division 4 Forest Use 

§ 34.  [Repealed – RT I 2008, 56, 314 – entry into force 01.01.2009]

§ 35.  Restrictions on right to use forest

 (1) The following is allowed in forests owned by persons in public law and in private forests that are not fenced or marked:
 1) staying in the forest and picking of berries, mushrooms and nuts and gathering of ornamental branches, herbs and ornamental plants and parts thereof without unduly harming the interests of the forest owner, without disturbing the game and protected animals during their reproduction period and other persons who are in the forest, without leaving permanent traces in the forest, and provided that the fire safety requirements and the requirements of the forest owner are adhered to;
 2) camping and making a campfire is permitted only at the places which the forest owner has prepared and designated therefor or with the permission of the forest owner;
 3) [Repealed – RT I, 07.08.2014, 3 – entry into force 01.08.2014]
 4) drive a vehicle on the roads located on forest land and, with the permission of the forest owner, outside of roads.

 (2) A fee may be charged for the gathering of forest berries, mushrooms and nuts, and ornamental branches, herbs and ornamental plants and parts thereof and for recreative use of forest on correspondingly marked forest land in forests owned by persons in public law only if the forest owner has incurred expenses for increasing the productivity of forest berries, mushrooms, nuts, ornamental branches, herbs and ornamental plants, or the recreative value of the forest, or if the income received from other uses of forest has decreased due to the measures for increasing productivity or the recreative value of the forest.

 (3) [Repealed – RT I, 11.12.2013, 1 – entry into force 01.01.2014]

§ 36.  National defence activities in forests

 (1) Forests will be used for national defence:
 1) in the training areas of the Defence Forces and the National Defence League in accordance with the plans currently in force;
 2) for organisation of permanent training in the state forest;
 3) for organisation of training in the state forest, if it causes forest damage;
 4) in events not specified in clauses 1) to 3) of this subsection, with the permission of the forest owner or the manager of state forest.
[RT I 2008, 56, 314 – entry into force 01.01.2009]

 (2) In the events specified in clauses 2) and 3) of subsection (1) of this section, the permission of the Government of the Republic is required for organisation of training.
[RT I 2008, 56, 314 – entry into force 01.01.2009]

 (3) In the events of using a forest as specified in clauses 2) and 3) of subsection (1) of this section, the requirements for the training areas of the Defence Forces and the National Defence League apply.
[RT I, 20.03.2013, 1 – entry into force 01.04.2013]

§ 37.  Obligation to prove legality of cutting right and of delivery of timber, of transfer of forest for cutting and of transportation of timber, and transportation of timber

 (1) Upon transfer of the cutting right or timber and transfer of timber for processing, storage or transportation, the person who transfers the right or delivers timber must prove the existence of the cutting right or the legality of the possession of timber to the person who acquires the right or receives timber, and the latter must verify it.

 (2) Upon the transfer of a forest cutting, the transferor will prove to the transferee the existence of the cutting right and the transferee will verify it.

 (3) The following constitute information and documents that certify the existence of the cutting right and the legality of the possession of timber:
 1) a land registry entry certifying the right of ownership;
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]
 2) [Repealed – RT I, 11.12.2013, 1 – entry into force 01.01.2014]
 3) a transfer deed for the cutting right or timber;
 4) a permitting notation by the Environmental Board or a forest notification in the state register of the forest resource;
[RT I, 11.12.2013, 1 – entry into force 01.07.2014]
 5) identity document;

 (4) [Repealed – RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (5) A natural person and the representative of a legal person performing cutting in a forest must carry an identity document and it must be presented to an official authorised to verify the lawfulness of cutting at their request.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (6) Upon transfer of the cutting right, the transferor and the acquirer will conclude a written transfer deed for the cutting right or prepare a written legal instrument upon conclusion of an oral agreement, which sets out at least the following:
 1) the name, personal identification code or registry code of the transferor and acquirer of cutting right;
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]
 2) in the event of representation, the name and personal identification code of the representative and the basis for representation;
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]
 3) the number of the immovable and the number of the cadastral unit where the forest whose cutting right is to be transferred is located number; in the case of the state forest, the number of the quarter and the stand compartment;
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]
 4) the type of cutting to be carried out;
 5) the size of the area and the estimated volume in solid cubic metres of the forest affected by cutting;
 6) the signatures of the transferor and the acquirer of the cutting right;
 7) [Repealed – RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (7) Cutting right grants the right to cut trees to the extent, at the place, time and on the conditions prescribed by a contract, to acquire the cut trees, to produce timber assortments of these trees and to take the assortments obtained out of the forest. A transfer deed for the cutting right must be accompanied by the right to use the land in accordance with the content of the cutting right. A transfer deed for the cutting right is not terminated upon the transfer of immovable if the transferor of the cutting right has transferred the possession of the part of the immovable on which the forest which is the object of cutting right grows to the acquirer of the cutting right before the transfer of the right of ownership in an immovable. The rights and obligations arising from the transfer deed for the cutting right transfer to the acquirer of the immovable.

 (8) Upon transfer of timber and giving of timber for processing or storage, the transferor or the person who gives timber for processing or storage and the acquirer of timber or the person who receives timber for processing or storage enter into a written transfer deed for timber or other private law contract or prepare a written legal instrument upon conclusion of an oral agreement. The specified contract and legal instrument must set out at least the following:
 1) the name, personal identification code or registry code of the transferor and acquirer of timber and that of the person who gives and the person who receives timber for processing or storage;
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]
 2) in the event of representation, the name and personal identification code of the representative and the basis for representation;
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]
 3) the location of timber;
 4) the volume of timber by assortments (log, pulpwood, technological wood, fire wood, post, pole, etc.) and tree species;
 5) the signatures of the transferor and the acquirer of timber, unless the document is authenticated in another manner ensuring the identification of the person;
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]
 6) the number of the cadastral unit where the timber has been cut; in the case of the state forest, the number of the quarter and stand compartment.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (9) A deed of delivery and receipt of timber must be annexed to an agreement specified in subsection (8) of this section. Annexing the deed of delivery and receipt is not required if the written agreement or another document certifying delivery sets out the basis for the possession of timber in accordance with the requirements applicable to the deed of delivery and receipt.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (10) Upon transportation of timber, the transporter of timber must carry a physical conveyance document or have an electronic conveyance document certifying the assortment, quantity and ownership of timber. The conveyance document is not required if carriage is performed by the owner of the timber and the owner has the documents that certify the lawful of the possession of timber.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (11) The requirements for the transportation of timber, the deed of delivery and receipt of timber, and the conveyance document will be established by a regulation of the minister responsible for the field.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (12) The transferor and the acquirer of the cutting right or timber and the person who gives and the person who receives timber for processing or storage must preserve the agreement or deed of transfer of the cutting right or timber and the giving of timber for processing or storage for seven years
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (13) [Repealed – RT I 2008, 56, 314 – entry into force 01.01.2009]

§ 38.  Notification cutting right or timber sales and purchase transaction

 (1) A seller of the cutting right or timber and a purchaser of the cutting right or timber are required to submit a notification concerning the cutting right or timber sold or purchased, prepared according to the form established by the minister responsible for the field, to the Tax and Customs Board. A notification need not be submitted if up to twenty solid cubic metres of timber is sold or purchased per year.
[RT I 2008, 56, 314 – entry into force 01.01.2009]

 (2) The notification will be submitted by a registered letter with advice of delivery, by electronic message bearing a digital signature or through an electronic tax board by the tenth day of the month following the quarter in which the sales or purchase transaction was carried out.

§ 39.  Measuring of timber and determining of volume thereof

 (1) The methods for measuring of timber and wood chips and determining the volume thereof and the requirements set for measurement accuracy and for the documentation of the results of measurements will be established by a regulation of the minister responsible for the field.

 (2) On the performance of transactions with timber and wood chips, timber and wood chips are measured and the volume thereof is determined in accordance with the methods of measurement established on the basis of subsection (1) of this section unless the parties have agreed in writing on the use of an alternative method.

Division 5 Forest Protection 

§ 40.  Forest protection

 (1) [Repealed – RT I 2008, 56, 314 – entry into force 01.01.2009]

 (2) The Environmental Board has the right to issue prescriptions in order to avoid forest damages and to prevent the spread thereof on the basis of a forest protection expert assessment. A precept will require, in addition to the provisions of clauses 25 (9) 1)–5) and 7)–9) of this Act, as a conclusion, the termination of activities that are causing damage or the refraining from activities which may cause damage, the removal of the sources of danger and the elimination of the consequences of damage caused. A precept will be served on the obligated subject in the manner provided for in subsection 25 (8) of this Act.
[RT I 2008, 56, 314 – entry into force 01.01.2009]

 (3) In the event of failure to comply with a precept issued on the basis of subsection (2) of this section, the Environmental Board will take a coercive measure. If the Environmental Board applies a preventive fine as a coercive measure, the upper limit for the penalty payment will be 640 euros.
[RT I 2010, 22, 108 – entry into force 01.01.2011]

 (4) Regeneration cutting areas must be cleaned of slash.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (41) The minister responsible for the field will establish the manner of and procedure for cleaning cutting areas of slash by the rules of forest management.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (5) Pesticides may be used in forests only in the events provided for in the rules of forest management established by the minister responsible for the field.

 (6) Upon forest management, the soil must not be damaged more than permitted. The minister responsible for the field will establish the maximum permitted rate of damage to the soil upon reforestation and cutting by the rules of forest management.
[RT I 2008, 56, 314 – entry into force 01.01.2009]

 (7) In the event where the volume of undried and unbarked coniferous wood exceeds ten solid cubic metres per hectare it will be transported out of the forest within the term established by the minister responsible for the field in the rules of forest management.

 (8) For the financing of the measures to be applied for the prevention of forest fire, counties will be classified as counties of high, medium or low risk of forest fire by a regulation of the minister responsible for the field.

 (9) In order to prevent damaging of a forest due to excessive recreative use, the Environmental Board has the right to restrict or prohibit the use of or single ways of using the damaged or endangered area on the basis of a forest protection expert assessment and with the consent of the forest owner. The Environmental Board will publish a notification concerning the establishment of a prohibition or restriction, specifying the reasons therefor, in a local or county newspaper and, if possible, in other local media, and will display it in the Environmental Board.
[RT I 2008, 56, 314 – entry into force 01.01.2009]

 (10) Restrictions may be established on fellings in multi-layer stands and mixed stands during the period of April 15 to June 15 for the protection of fauna during the reproduction period by a regulation of the minister responsible for the field.

 (11) The minister responsible for the field will establish the procedure for the ordering and conduct of forest protection expert assessment and the restrictions for extracting resin and for tapping by the rules of forest management.

§ 41.  Forest notification

 (1) The forest owner or the representative of the owner (hereinafter submitter) must submit a forest notification to the Environmental Board:
[RT I 2009, 3, 15 – entry into force 01.02.2009]
 1) concerning planned cuttings, except cleaning;
 2) concerning serious forest damage.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (2) For the purposes of this Act, a forest is deemed to be seriously damaged if, due to the damage:
 1) the number of viable trees of tree species that can be used for reforestation in a stand located in a reforestation area or young growth development class is smaller than the minimum number of trees required for deeming the forest regenerated;
 2) as of the pole stand development class, the basal area of the upper layer of the viable trees is below the minimum rate of the basal area of the upper layer of the stand permitted following thinning.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (3) If a forest notification is submitted by the representative of the owner in a manner other than via an electronic channel that allows for identification of the person, a document certifying the right of representation of the representative must be annexed to the forest notification.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (4) A forest notification is deemed to have been delivered if:
 1) the submitter has handed it over to the Environmental Board against a signature;
[RT I 2009, 3, 15 – entry into force 01.02.2009]
 2) the post office has handed over the forest notification sent by registered mail to the Environmental Board against a signature;
[RT I 2009, 3, 15 – entry into force 01.02.2009]
 3) the submitter has forwarded it by an electronic channel allowing the unequivocal identification of a person or if the notification submitted in electronic form is signed digitally.

 (5) [Repealed – RT I 2008, 56, 314 – entry into force 01.01.2009]

 (6) The list of information to be given in forest notifications, the form of forest notifications and the procedure for submission, return, registration and review of forest notification will be established by a regulation of the minister responsible for the field.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (7) The Environmental Board will verify the compliance of the cutting planned on the basis of a due forest notice with the requirements of legislation and valid inventory data in the events provided by law or the actual data about the condition, age, basal are and resources of the forest if the inventory data does not reflect the actual situation.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (8) If the planned activity does not comply with the requirements of legislation, the Environmental Board will have the right to ban the activity, stating the reasons of the ban in writing and making recommendations for bringing the activity into compliance with legislation.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (9) [Repealed – RT I 2008, 56, 314 – entry into force 01.01.2009]

 (10) [Repealed – RT I 2008, 56, 314 – entry into force 01.01.2009]

 (11) [Repealed – RT I 2008, 56, 314 – entry into force 01.01.2009]

 (12) [Repealed – RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (13) A forest owner may perform cutting after the forest notification bearing a permitting notation has been received from the Environmental Board and do so within 12 months as of the date on which the forest notification was handed over or delivered against signature to the submitter of the notice.
[RT I, 11.12.2013, 1 – entry into force 01.07.2014]

 (131) A forest owner whose forest survey data has been published in the state register of the forest resource at least within the preceding 30 days may, without submitting it to the Environmental Board, register a forest notification regarding planned cuttings outside the protected natural object and area with regard to which a proposal has been made in accordance with § 8 of the Nature Conservation Act to place the natural object under protection, and do so directly in the state register of the forest resource via an electronic channel allowing for the clear identification of the person and perform cutting over a term of 12 months following the registration of the forest notification.
[RT I, 11.12.2013, 1 – entry into force 01.07.2014]

 (132) The hauling and dragging of timber may be carried out also more than 12 months after handing the forest notification over or delivered it against signature to the submitter or after registration of the forest notification in the state register of the forest resource.
[RT I, 11.12.2013, 1 – entry into force 01.07.2014]

 (14) A forest owner may cut, without submitting a forest notification or without registering with the state register of the forest resource, up to 20 solid cubic metres of wood per immovable per year.
[RT I, 11.12.2013, 1 – entry into force 01.07.2014]

 (15) Upon receipt of a forest notification or receipt of information about forest damage in another manner, the Environmental Board will assess the need for a forest protection expert assessment. The results of the expert assessment will be communicated to the forest owner within 30 days after the receipt of the forest notification or information.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

§ 42.  Obligations of owner in forest management

 (1) The forest owner must:
 1) monitor the condition of the forest, protect the forest against pests and diseases, littering or fires;
 2) manage and permit their forest to be managed only in such a way which does not endanger the forest as an ecosystem or damage the gene pool, forest soil or water regime, and the conditions for forest regeneration and reforestation to an extent larger than permitted by legislation, which does not allow wind damages or the spread of fungus diseases or pests and which is in accordance with the principles of the sustainable use of forest, and protect the forest against the deterioration of site conditions;
 3) in the gathering of forest by-products, apply and permit the application of only such gathering methods that do not damage the productivity of such by-products as berries, mushrooms and herbs;
 4) [Repealed – RT I 2008, 56, 314 – entry into force 01.01.2009]
 5) in the event of regeneration cutting, place information on the performer of cutting in a visible place at the cutting site throughout the period of cutting.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (11) In order to manage a forest growing on an immovable encumbered for the benefit of the Republic of Estonia on the basis of the Land Reform Act, the forest owner will order a forest management plan which is mandatory upon the planning of forest management activities.
[RT I 2008, 56, 314 – entry into force 01.01.2009]

 (2) The requirements provided for in clause (1) 2 of this section do not extend to forests used for national defence purposes.

Division 6 Management of The state forest 

§ 43.  Organisation of management of state forest and of financing of management

 (1) An administrator of state assets, to whom state forest as a state asset has been transferred for administration in accordance with the State Assets Act, organises the management of the state forest and of the financing of the management thereof. The state forest is managed by a person or state agency designated by the administrator of state assets (hereinafter manager of state forest).

 (11) The manager of the state forest will prepare a forest management plan for the forests managed thereby by forest district or other management unit at least once every ten years.
[RT I 2008, 56, 314 – entry into force 01.01.2009]

 (2) The state forest administered by the Ministry of the Environment and the Ministry of Defence is managed and the management thereof is financed by the State Forest Management Centre. The state forest administered by the Ministry of Defence is managed on the basis of an agreement concluded with the agency designated by the minister responsible for the field.
[RT I 2008, 56, 314 – entry into force 01.01.2009]

 (3) On the basis of a proposal of the Minster of Defence, the minister responsible for the field may make exceptions to the rules of forest management in a training area and a firing range.
[RT I, 20.03.2013, 1 – entry into force 01.04.2013]

 (31) On a proposal of the minister responsible for the field, the minister responsible for the field may, in the forest management rules, establish specifications for the management of the forest governed by the Ministry of Education and Research for scientific purposes.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (4) [Repealed – RT I 2008, 56, 314 – entry into force 01.01.2009]

 (5) The manager of the state forest must ensure the maintenance and lawful use of the property left at the disposal of the manager.

 (6) [Repealed – RT I 2008, 56, 314 – entry into force 01.01.2009]

 (7) A manager of state forest possesses all the rights of a forest owner arising from forest management and the manager performs all the duties imposed on the owner of forest by Acts and by legislation based on Acts.

 (8) [Repealed – RT I 2008, 56, 314 – entry into force 01.01.2009]

§ 44.  Permitted commercial activities in management of the state forest

 (1) [Repealed – RT I 2008, 56, 314 – entry into force 01.01.2009]

 (2) [Repealed – RT I 2008, 56, 314 – entry into force 01.01.2009]

 (3) The requirement to register in the register of economic activities provided for in the Trading Act does not apply to the manager of the state forest in the event of the sale of timber and forest products.
[RT I 2008, 56, 314 – entry into force 01.01.2009]

§ 45.  Right to use state forest

 (1) The right to use the state forest belongs to the manager of the state forest.

 (2) [Repealed – RT I 2008, 56, 314 – entry into force 01.01.2009]

 (3) The manager of the state forest uses the state forest itself or grants use thereof without charge or for a charge.

 (4) The manager of the state forest exercises the cutting right or transfers it in accordance with the procedure established in this Act and on the basis thereof.

 (5) The minister responsible for the field will annually specify the optimal area of timber permitted to be cut in the state forest within a year by way of regeneration cutting, including the area of pine stands, spruce stands, birch stands and aspen stands by tree species, for each manager of the state forest by December 1.
[RT I, 05.01.2011, 13 – entry into force 15.01.2011]

 (6) The manager of the state forest specified in subsection (5) of this section will coordinate the optimal area of regeneration cutting with the Environmental Agency.
[RT I, 29.06.2014, 1 – entry into force 01.07.2014]

§ 46.  Transfer of cutting right or timber in state forest

 (1) The cutting right or timber in the state forest is transferred by sale as follows:
 1) by a public auction;
 2) by tender with preliminary negotiations;
 3) at negotiated price.

 (2) The Government of the Republic will establish the procedure for the sale of the cutting right or of timber. The procedure provides:
 1) the methods for the determination of the base price of the cutting right or of timber;
 2) the procedure for the sale of the cutting right or of timber;
 3) the supervision of sale.

 (3) The selling price of the cutting right or of timber in a public auction or tender with preliminary negotiations must not be lower than the base price calculated in accordance with the methodology determined in accordance with clause 1) of subsection (2) of this section.

 (4) A negotiated price may be applied in the event of the transfer of the rights of improvement cutting, track cutting, formative cutting and deforestation, in the event of the sale of timber quantities of up to 50 solid cubic metres, in the event of the sale of firewood, rapidly perishable timber, the cutting right of forests damaged by a natural disaster, and in the event of the sale of trial consignments of timber and sales contracts with a term exceeding one year.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (5) A negotiated price of the cutting right or of timber must not be lower than the usual value of the cutting right or timber.

§ 47.  State Forest Management Centre

 (1) The State Forest Management Centre (hereinafter State Forest Management Centre) is a profit-making state agency who operates as the manager of state forest within the area of government of the Ministry of the Environment in accordance with this Act, other legislation and its statutes.

 (2) The Government of the Republic will approve the statutes of the State Forest Management Centre on the proposal of the minister responsible for the field.

 (3) The directing bodies of the State Forest Management Centre are the supervisory board and the management board.

 (4) The State Forest Management Centre is restructured and its activities are terminated by an Act.

 (5) The State Forest Management Centre is registered in the state register of state and local government agencies. Regional units of the State Forest Management Centre may also be registered in the specified register if the statutes of the State Forest Management Centre provide for such registration.

§ 48.  Main function, fields of activity and use of revenue received from economic activity of the State Forest Management Centre

 (1) The main function of the State Forest Management Centre is the management of the state forest specified in subsection 43 (2) of this Act.

 (2) The fields of activity of the State Forest Management Centre are:
 1) planning, management and grant of use of state forest;
 2) sale of cutting rights, timber and forest produce;
 3) processing of forest produce and sale of the products of processing;
 4) ensuring the performance of the public function of the state forest;
 5) protection of natural values.
[RT I 2008, 56, 314 – entry into force 01.01.2009]

 (3) The State Forest Management Centre receives an income from its economic activities, which ensures management of the state forest and the performance of public functions imposed on the state forest in compliance with the requirements of law.

 (4) [Repealed – RT I 2008, 58, 328 – entry into force 01.01.2009]

 (5) The amount to be transferred from the net profit of the State Forest Management Centre to the state budget will be approved by the Government of the Republic on the proposal of the minister responsible for the field. The minister responsible for the field will submit to the minister responsible for the field an application together with the annual report approved by the supervisory board the State Forest Management Centre.
[RT I 2008, 58, 328 – entry into force 01.01.2009]
[RT I, 29.06.2014, 109 – entry into force 01.07.2014, based on subsection 107³ (4) of the Government of the Republic Act, the words ‘Minister of the Environment’ and ‘Minister of Finance’ have been replaced with ‘minister responsible for the field’ in the first and second sentence]

§ 49.  Supervisory board of State Forest Management Centre

 (1) The supervisory board the State Forest Management Centre is the highest directing body that plans the activities of the State Forest Management Centre, organises the management of the State Forest Management Centre and supervises the activities of the management board.

 (2) The members of the supervisory board will be appointed for a term of three years. The term of office of a member of the supervisory board commences on the appointment day.
[RT I, 07.08.2014, 3 – entry into force 01.08.2014]

 (3) The supervisory board comprises of nine members. The supervisory board comprises:
 1) two members appointed by a resolution of the Riigikogu;
 2) two representatives of the Ministry of the Environment;
 3) one representative of the Ministry of Economic Affairs and Communications;
 4) one representative of the Ministry of Finance;
 5) three experts on the proposal of the minister responsible for the field.

 (31) The members of the supervisory board specified in clauses 2) to 5) of subsection (3) of this section will be appointed by the Government of the Republic on a proposal of the respective minister.
[RT I, 07.08.2014, 3 – entry into force 01.08.2014]

 (4) Upon resignation of a member of the supervisory board before the end of their term of office, a new member will be appointed in their stead.
[RT I, 07.08.2014, 3 – entry into force 01.08.2014]

 (5) The Riigikogu will appoint the members of the supervisory board by a resolution on the proposal of the Environmental Committee of the Riigikogu. The term of office of a member of the supervisory board appointed by the Riigikogu will terminate upon the termination of the term of office of the person as a member of the Riigikogu. The Riigikogu and the ministers responsible for the field may at any time remove a member appointed by them.
[RT I, 29.06.2014, 109 – entry into force 01.07.2014, based on subsection 107³ (4) of the Government of the Republic Act, the words ‘Minister of the Environment,’ ‘Minister of Economic Affairs and Communications’ and ‘Minister of Finance’ have been replaced with ‘ministers responsible for the fields’ in the third sentence]
[RT I, 07.08.2014, 3 – entry into force 01.08.2014]

 (6) The members of the supervisory board will elect a chairman from among themselves who will organise the activities of the supervisory board, and a deputy chairman who will perform the duties of the chairman during the chairman’s absence.

 (7) The competence of the supervisory board of the State Forest Management Centre includes:
 1) the approval of development plan and policies and monitoring the observance thereof;
 2) the determination of the number of and election of members of the management board and deciding on the conclusion, amendment and termination of contracts with them, the approval of the rules of procedure of the management board and the deciding on conduct of legal disputes with the members of the management board;
[RT I 2008, 56, 314 – entry into force 01.01.2009]
 3) appointment of the chairman of the management board;
 4) determination of the remuneration of members of the management board;
 5) the approval of the annual budget;
[RT I 2008, 58, 338 – entry into force 01.01.2009]
 6) the approval of the annual report and submission thereof together with a proposal for the share of net profit to be transferred to the state budget to the minister responsible for the field;
[RT I 2008, 58, 338 – entry into force 01.01.2009]
 7) the election of an auditor, review of auditing results and submission thereof to the minister responsible for the field;
 8) the establishment of the audit committee and the approval of the rules thereof with a view to advising the supervisory board in matters involving the organisation of accounting, the performance of an external internal audit, the functioning of the internal audit system, the monitoring of the management of financial risks and the legality of activities, as well as budget preparation and approval of the annual report;
 9) the approval of the statutes, annual plan, budget and staff of the structural unit of the internal audit division, the procedure for internal audits and the job description of the head of the structural unit of the internal audit division, and the granting of consent for the conclusion, amendment and termination of an employment contract with the head of the structural unit of the internal audit division;
[RT I, 05.01.2011, 13 – entry into force 15.01.2011]
 10) the approval of the salary scale of the employees;
 11) deciding on the taking of repayable support from the Ministry of Finance;
[RT I, 13.03.2014, 2 – entry into force 23.03.2014]
 12) deciding on the grant of use and the transfer of property in the events specified in this Act;
 13) deciding on foundation of and participation in legal persons in private law by the State Forest Management Centre as the representative of the state and representation of the State Forest Management Centre in such legal persons.
[RT I 2008, 58, 338 – entry into force 01.01.2009]

 (8) Meetings of the supervisory board are held when necessary but at least once every three months. The procedure for calling the meetings of supervisory board and the procedure for holding the meetings are provided for in the statutes of the State Forest Management Centre.

 (9) The amount of remuneration paid to the members of the supervisory board and the procedure for payment thereof will be established by a regulation of the Government of the Republic. In the payment of remuneration to members of the supervisory board, their participation in meetings of the supervisory board and in the activities of the supervisory board will be taken into consideration

 (10) In order to perform its tasks, the supervisory board has the right to examine all documents of the State Forest Management Centre and to audit the accuracy of accounting, the existence of assets, the compliance of the activities of the State Forest Management Centre with law, other legislation and the statutes of the State Forest Management Centre.

 (11) Members of the supervisory board bear joint and several liability for any damage caused to the state by violation of the requirements of law and the statutes or by failure to perform their duties. A member of the supervisory board will be released from liability if the member expressed a dissenting opinion in the adoption of the resolution that constituted the basis for the unlawful activity and the dissenting opinion was recorded in the minutes. The limitation period for bringing claims against a member of the supervisory board is five years.
[RT I 2008, 56, 314 – entry into force 01.01.2009]

§ 50.  Management board of State Forest Management Centre

 (1) The management board of the State Forest Management Centre is a directing body of the State Forest Management Centre who represents and directs the State Forest Management Centre. The management board will adhere to legislation and the orders of the supervisory board and give an overview of the activities and economic situation of the State Forest Management Centre to the supervisory board at least once every three months.
[RT I 2008, 56, 314 – entry into force 01.01.2009]

 (2) The management board of the State Forest Management Centre consists of up to five members. The term of office of the management board is five years.
[RT I 2008, 56, 314 – entry into force 01.01.2009]

 (3) The procedure for the election of members of the management board, the requirements for members of the management board and the procedure for conclusion of contracts with members of the management board are provided for in the statutes of the State Forest Management Centre.

 (4) Every member of the management board may represent the State Forest Management Centre in all legal steps. The area of responsibility of each member of the management board will be determined by a contract concluded with the member of the management board.
[RT I 2008, 56, 314 – entry into force 01.01.2009]

 (5) The management board organises accounting.

 (6) The chairman of the management board or a person authorised by the chairman will conclude employment contracts with the employees of the State Forest Management Centre.

 (7) Without the consent of the supervisory board, the following persons cannot be members of the management board:
 1) a self-employed person operated in the fields of activity of the State Forest Management Centre;
 2) a partner in a general partnership or a general partner in a limited partnership that operates in the fields of activity of the State Forest Management Centre;
 3) a member of a directing body of a company that operates in the fields of activity of the State Forest Management Centre.

 (8) If the activities of a member of the management board are in conflict with the provisions of subsection (7) of this section, the supervisory board may demand that the member of the management board terminate the prohibited activity, transfer the income received from the prohibited activity to the State Forest Management Centre and compensate for damage to the extent exceeding the claimed income.

 (9) The limitation period for a claim to transfer the income received from the prohibited activity is three months as of the date the supervisory board becomes aware of the violation of the requirement provided for in subsection (7) of this section but not longer than three years as of the violation of the requirement. The general limitation period applies to a claim for compensation of damage.

 (10) Members of the management board perform their obligations with due diligence. Members of the management board who cause damage to the State Forest Management Centre by violation of their obligations bear joint and several liability for compensation of the damage caused. The limitation period for submission of claims against a member of the management board is five years.
[RT I 2008, 56, 314 – entry into force 01.01.2009]

§ 51.  Accounting of State Forest Management Centre

 (1) The State Forest Management Centre is an independent accounting entity and keeps its accounts in accordance with the Accounting Act, other legislation regulating the area and the statutes of the State Forest Management Centre.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (2) The State Forest Management Centre is a person liable to pay value added tax.

§ 52.  Reporting of State Forest Management Centre and auditing of activities of State Forest Management Centre

 (1) The management board must submit the annual report audited by an auditor for approval to the supervisory board not later than four months after the end of the financial year.

 (2) The National Audit Office audits the activities of the State Forest Management Centre to the extent and in accordance with the procedure provided for in the National Audit Office Act.

Division 7 Possession, Use and Disposal of Assets of State Forest Management Centre 

§ 53.  Assets of State Forest Management Centre

 (1) The property (hereinafter property) of the State Forest Management Centre are immovables and movables granted into the possession of the State Forest Management Centre by the administrator of state assets and created and acquired as a result of the activities of the State Forest Management Centre and monetarily appraisable rights and obligations.

 (2) The State Forest Management Centre is an agency authorised to administer the state forest land administered by the Ministry of the Environment and other property in the possession of the State Forest Management Centre.

 (3) The State Forest Management Centre possesses, uses and disposes of the property in its possession for the management of the state forest and for generating income in accordance with the procedure provided for in this Act. In the event of the right to use state forest and the possession, use and disposal of timber, the provisions of §§ 45 and 46 of this Act apply.

 (4) If a movable or a building that is an essential part of a plot of land in possession of the State Forest Management Centre is not necessary for the management of the state forest and for generating income, and their preservation is inexpedient, the management board of the State Forest Management Centre may declare such assets unserviceable and they will be written off on the basis of a decision of the management board of the State Forest Management Centre and, if necessary, destroyed.

 (5) The State Forest Management Centre must obtain approval for the sale of immovable property belonging to the state and in the possession of the State Forest Management Centre from the administrator of state assets.
[RT I 2008, 56, 314 – entry into force 01.01.2009]

 (6) The use, grant of use and transfer of state assets and declaring of state assets unserviceable in the events not specified in this Act will be performed in accordance with the procedure provided for in the State Assets Act and legislation established on the basis thereof.

§ 54.  Use of income received from use, grant of use and transfer of property

 (1) The income received from use, grant of use and transfer of property is used for the management of the state forest.

 (2) Income received from the sale of immovables is used for acquisition of immovables for the State Forest Management Centre for the purposes of management of the state forest or generating income.

§ 55.  Grant of use of property for generating income

 (1) Use of property is granted to another person for generating income if the property is temporarily not necessary for the management of the state forest.

 (2) Use of property is granted:
 1) by lease or commercial lease of movables and immovables;
 2) by encumbering immovables with restricted rights in rem.

§ 56.  Persons who decide grant of use of property

 (1) The following are persons who decide the grant of use of property:
 1) the management board of the State Forest Management Centre or a person authorised by the management board upon lease or commercial lease of movables and immovables;
 2) the management board of the State Forest Management Centre or a person authorised by the management board upon encumbrance of immovables with personal or real servitudes;
 3) the management board of the State Forest Management Centre upon encumbrance of an immovable with a right of superficies for up to 50 years, the supervisory board of the State Forest Management Centre upon encumbrance with a right of superficies for more than fifty years;
 4) the management board of the State Forest Management Centre upon encumbering with other restricted rights in rem.

 (2) A contract for the grant of use of property will be concluded by a member of the management board of the State Forest Management Centre or a person authorised by them.

§ 57.  Procedure for grant of use of property

 (1) Negotiations, auction and negotiations with auction are manners of the grant of use of property.

 (2) The person who decides the grant of use of property determines the manner of the grant of use of property on the basis of economical expediency.

 (3) An auction will be organised for the grant of use of property if it is known in advance that more than one person is interested in the use of property or if the organisation of an auction is likely to yield more profit from negotiations or in addition to negotiations upon grant of use of property.

 (4) A notice concerning the grant of use of property by auction will be published in the official publication Ametlikud Teadaanded and on the website of the State Forest Management Centre not later than one week before the tender takes place. If necessary, such notices and announcements may also be circulated by other means. The tender notice must set out the basic characteristics of the property subject to a grant of use and the principal conditions of the grant of use.

 (5) The detailed procedure for the grant of use of property is provided for in the statutes of the State Forest Management Centre.

 (6) A contract for the grant of use of property will be concluded with the person whose bid is considered the best by the person who decides the grant of use. In the absence of bids that meet the established conditions, the person who decides the grant of use has the right to refuse to enter into a contract.

 (7) A notification concerning the grant of use of property will be published on the website of the State Forest Management Centre.

§ 58.  Amount paid and terms for grant of use, and other conditions of grant of use of property

 (1) Use of property is granted for charge. The amount of the charge must not be less than the usual value of the charge received from the grant of use of property.

 (2) The person who decides the grant of use of property determines the terms for the grant of use of property and other conditions of the grant of use of property on the basis of the class of property and economical expediency.

§ 59.  Transfer of property for generating income

 (1) Property is transferred for generating income if the property is not necessary for the management of the state forest and the transfer of the property is more expedient than the grant of use of property.

 (2) Property is transferred for money.

 (3) [Repealed – RT I 2008, 56, 314 – entry into force 01.01.2009]

§ 60.  Person who decides transfer of property

 (1) The following are persons who decide the transfer of property:
 1) the supervisory board of the State Forest Management Centre in the event of property with usual value exceeding 32 000 euros;
[RT I 2010, 22, 108 – entry into force 01.01.2011]
 2) the management board of the State Forest Management Centre in the event of property with usual value of up to 32 000 euros.
[RT I 2010, 22, 108 – entry into force 01.01.2011]

 (2) [Repealed – RT I 2008, 56, 314 – entry into force 01.01.2009]

§ 61.  Procedure for transfer of property

 (1) Auction is the manner of transfer of property.

 (2) The person who decides the transfer of property may decide to transfer property without an auction if the transfer of property in another manner is more profitable.

 (3) An auction will be organised by a committee of at least three members appointed by the person who decides the transfer of property.

 (4) A notice concerning the transfer of property by auction will be published in the official publication Ametlikud Teadaanded and on the website of the State Forest Management Centre not later than two weeks before the tender takes place. If necessary, such notices and announcements may also be circulated by other means. The tender notice must set out the basic characteristics of the property subject to transfer and the starting price of the transfer of property. In an auction, the starting price must not be lower than the usual value of the property subject to transfer.

 (5) The detailed procedure for transfer of property is provided for in the statutes of the State Forest Management Centre.

 (6) A member of the management board of the State Forest Management Centre or a person authorised by them will conclude property transfer contracts.

 (7) A property transfer contract will be conclude with the person who agrees to the established conditions of sale.

 (8) A notification concerning the transfer of property will be published on the website of the State Forest Management Centre.

§ 62.  [Repealed – RT I 2008, 56, 314 – entry into force 01.01.2009]

§ 63.  Acquisition of property

 (1) The State Forest Management Centre acquires property for the management of the state forest or for generating income out of the funds designated therefor in the budget of the State Forest Management Centre.

 (2) The following is the acquisition of property by the State Forest Management Centre:
 1) acquisition of movables and immovables for a charge or free of charge;
 2) acquisition of rights of use or rights in rem of movables and immovables that belong to other persons;
 3) encumbering of immovables that belong to other persons with restricted rights in rem;
 4) acquisition of a right of claim.

§ 64.  Person who decides acquisition of property

 (1) The following are persons who decide the acquisition of property:
 1) the management board of the State Forest Management Centre or a person authorised by the management board, upon acquisition of movables and immovables;
 2) the management board of the State Forest Management Centre or a person authorised by the management board, upon acquisition of rights of use or rights in rem of movables and immovables that belong to other persons;
 3) the management board of the State Forest Management Centre, upon encumbering immovables that belong to other persons with restricted rights in rem;
 4) the management board of the State Forest Management Centre, upon acquisition of a right of claim.

 (2) A member of the management board of the State Forest Management Centre or a person authorised by them will conclude property acquisition contracts.

§ 65.  Procedure for acquisition of property

 (1) The State Forest Management Centre acquires property in accordance with the procedure provided for in the Public Procurement Act.

 (2) [Repealed – RT I 2008, 56, 314 – entry into force 01.01.2009]

 (3) The person who decides the acquisition of property or a person authorised them will conduct negotiations for the acquisition of the property.
[RT I 2008, 56, 314 – entry into force 01.01.2009]

 (4) The procedure for conducting negotiations for acquisition of property is provided for in the statutes of the State Forest Management Centre.

 (5) A notification concerning the acquisition of property will be published on the website of the State Forest Management Centre.

Chapter 41 STATE SUPERVISION 
[RT I, 13.03.2014, 4 - entry into force 01.07.2014]

§ 651.  State supervision

 (1) The Environmental Inspectorate exercises state supervision over the adherence to the requirements of this Act and legislation established on the basis thereof, except over the adherence to the requirements specified in § 25 and subsections 40 (2) and (9) of this Act.
[RT I, 04.03.2015, 1 – entry into force 14.03.2015]

 (2) The Environmental Board exercises state supervision over the adherence to the requirements specified in § 25 and subsections 40 (2) and (9) of this Act.
[RT I, 04.03.2015, 1 – entry into force 14.03.2015]

§ 652.  Special measures of state supervision

 (1) The Environmental Inspectorate may, for the purpose of exercising the state supervision provided for in this Act, take special measures of state supervision provided for in §§ 30, 31, 32, 45, 46, 47, 49, 50, 51, 52 and 53 of the Law Enforcement Act on the grounds and in accordance with the procedure provided for in the Law Enforcement Act.

 (2) The Environmental Board may, for the purpose of exercising the state supervision provided for in this Act, take special measures of state supervision provided for in §§ 30, 31, 32, 50 and 51 of the Law Enforcement Act
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]

§ 653.  Specifics of state supervision

 (1) For the purpose of exercising supervision, an official of a law enforcement agency may, using a vehicle, including an off-road vehicle or a water craft, enter and move in a land or water area even if legislation prohibits entry to and movement in such area for environmental protection purposes.

 (2) The Environmental Inspectorate may enter a marked immovable without the presence of the possessor or another entitled person if:
 1) it is necessary for identifying or combating a serious threat and the involvement of these persons would result in a delay that would jeopardise the attainment of the purpose of the application of the measure, or
 2) the purpose of entering the possession is to ensure access to another immovable or a water body.

 (3) The Environmental Inspectorate does not have to afterwards inform the possessor about the entry to the possession on the ground provided for in subsection (2) of this section if no supervisory or offence proceedings were conducted after the entry.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]

§ 654.  Use of direct coercion

 (1) The Environmental Inspectorate is authorised to use physical force, special equipment and service weapons on the grounds and in accordance with the procedure established in the Law Enforcement Act.

 (2) The special equipment of the Environmental Inspectorate is handcuffs.

 (3) The service weapons of the Environmental inspectorate are firearms.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]

§ 655.  Rate of coercive payment

  In the event of failure to comply with a precept the maximum penalty payment imposed in accordance with the procedure provided for in the Substitutive Enforcement and Coercive Payment Act is 32 000 euros.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]

Chapter 5 COMPENSATION FOR DAMAGE 
[RT I, 13.03.2014, 4 - entry into force 01.07.2014]

§ 66.  State supervision of forest management

  [Repealed – RT I, 13.03.2014, 4 – entry into force 01.07.2014]

§ 67.  Damage caused to environment and payment of compensation therefor

 (1) Damage unlawfully caused to the environment will be compensated for by the person who caused the damage to the extent and in accordance with the procedure provided for in this section.

 (2) Within the meaning of this Act, damage is caused to the environment:
 1) by cutting stands which are younger or with average breast height diameter smaller than permitted, if the permitted limits of the basal area and the crop density of a stand, the cutting time or type of cutting are not complied with upon logging, the minimum period of time established for the sequence of cutting stages is disregarded or forest is cut in a place where cutting is prohibited;
[RT I 2008, 56, 314 – entry into force 01.01.2009]
 2) the permitted maximum size or the regeneration cutting area is exceeded, new regeneration cutting is commenced before a regeneration cutting area in the immediate proximity has been regenerated, more than permitted or larger groups are cut in the event of group selective cutting or in the event shelterwood strip cutting an area of clear cutting is cut wider than the average height of the stand;
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]
 3) if trees, shrubs, forest plantation or natural regeneration are destroyed or damaged by mechanical damaging thereof or impairing of the site conditions;
 4) if soil is damaged;
 5) by causing forest fire;
 6) by littering forests;
 7) if the cutting areas or timber landings are left uncleared;
 8) the term for removal of undried and unbarked coniferous wood from forest is violated.

 (3) In the events specified in clause 1) of subsection (2) of this section, damage is calculated in accordance with the rates provided for in Annexes 2 and 3 to this Act.

 (4) In the events specified in clause 2) of subsection (2) of this section, damage is calculated at the rate of 3200 euros for each hectare which exceeds the area on which cutting is permitted.
[RT I 2010, 22, 108 – entry into force 01.01.2011]

 (5) If a forest plantation or natural regeneration with the height of less than 0.6 metres, or trees or shrubs have been destroyed or damaged by mechanical damaging thereof, impairing of the site conditions or causing a fire, and:
 1) more than 30 per cent (in the event of spruce, more than 10 per cent) of the circumference of the stem of trees or shrubs is damaged and damages to the bark extend at least to wood, or more than a half of the crown or root system of a tree or bush is damaged or destroyed as a result of damage or the top of the tree is destroyed, damage is calculated in accordance with the rates provided for in Annex 2 to this Act;
 2) 10–30 per cent (in the event of spruce, up to 10 per cent) of the circumference of the stem of trees or shrubs is damaged and damages to the bark extend at least to wood, or 1/3–1/2 of the crown or root system of a tree or bush is damaged, damage is calculated to the extent of 25 per cent of the rates provided for in Annex 2 to this Act;
 3) less than 10 per cent of the circumference of the stem of trees or shrubs is damaged and damages to the bark extend at least to wood, or 1/4–1/3 of the crown or root system of a tree or bush is damaged, damage is calculated to the extent of 10 per cent of the rates provided for in Annex 2 to this Act;
 4) forest plantation or natural regeneration with a height of less than 0.6 metres has been damaged and this has caused destruction of a forest plantation or natural regeneration, damage will be calculated at the rate of 447 euros per hectare.
[RT I 2010, 22, 108 – entry into force 01.01.2011]

 (6) Where soil has been damaged, damage will be calculated as follows:
 1) 0.60 euros for the damaging of one square metre of the area in flood-plain forests, paludified forests, bog woodlands and floodplain willow shrubland;
[RT I 2010, 22, 108 – entry into force 01.01.2011]
 2) 0.50 euros for the damaging of one square metre of the area in alvar forests and boreal heath forests;
[RT I 2010, 22, 108 – entry into force 01.01.2011]
 3) 0.35 euros for the damaging of one square metre of the area in dry boreal forests, fresh boreal forests, fresh boreo-nemoral forests and dry boreo-nemoral forests;
[RT I 2010, 22, 108 – entry into force 01.01.2011]
 4) 0.25 euros for the damaging of one square metre of the area in drained peatland forests, poor paludified forests, ombrothropic bog forests and mixotrophic bog forests.
[RT I 2010, 22, 108 – entry into force 01.01.2011]

 (7) If soil is damaged on cutting areas in the course of logging, the damage exceeding 25 per cent of the area of the cutting area is subject to calculation as damage.

 (8) If a forest has been littered:
 1) with waste or other substances transported thereto or any other manner, damage is calculated 6.40 euros per square metre of the littered area;
[RT I 2010, 22, 108 – entry into force 01.01.2011]
 2) by leaving stopping or camping places uncleared, damage will be calculated 0.60 euros per square metre of the littered area.
[RT I 2010, 22, 108 – entry into force 01.01.2011]

 (9) If the cutting areas or timber landings are left uncleared, damage will be calculated at the rate of 320 euros per hectare of the area that has been left uncleared of slash or timber residue or at the rate of 1.60 euros per each place of cutting a single tree or shrub, which has been left uncleared, but not more than 320 euros per hectare or 1.60 euros per solid square metre of undried and unbarked coniferous wood which has not been transported out of the cutting area or timber landing within the term specified in this Act.
[RT I, 11.12.2013, 1 – entry into force 01.01.2014]

 (10) Where stumps have been removed upon damaging the forest or it is impossible to assess the damage by single trees or shrubs, damage will be calculated on the basis of the survey data of an average tree of the stand set out in the description of the forest in the forest management plan and the number of the damaged trees will be calculated by allocations, by dividing the general reserve of the damaged part of the forest by the volume of an average tree.

 (11) Upon calculation of damage caused to the environment by damaging a forest in a strict nature reserve of a protected area or a special management zone, the rate for calculation of damage will be multiplied by the factor 5.0, and in the event of the damaging of a forest in a limited management zone of a natural object and a special conservation area, by the factor 3.0.
[RT I 2008, 56, 314 – entry into force 01.01.2009]

 (12) Compensation for environmental damage is collected by the Environmental Inspectorate. Compensation for damage is transferred to the state budget.

Chapter 6 LIABILITY 

§ 68.  Unlawful cutting, damaging and destruction of forest, trees and shrubs

 (1) The penalty for the unlawful cutting or destruction of forest, trees or shrubs or damaging of forest, trees or shrubs in any other manner is a fine of up to 300 fine units or by detention.

 (2) The penalty for the same act committed by a legal person is a fine of up to 3200 euros.
[RT I 2010, 22, 108 – entry into force 01.01.2011]

§ 69.  Violation of obligation to prove and verify legality of transfer of cutting right or to prove and verify legality upon transfer of timber or transfer of forest for cutting

 (1) The penalty for violation of obligation to prove and verify legality of transfer of cutting right or to prove and verify legality upon transfer of timber or transfer of forest for cutting is a fine of up to 300 fine units.

 (2) The penalty for the same act committed by a legal person is a fine of up to 3200 euros.
[RT I 2010, 22, 108 – entry into force 01.01.2011]

§ 70.  Violation of requirements for forest management

 (1) The penalty for violation of the requirements for reforestation, silviculture, forest use or forest protection, except in the events specified in §§ 68 and 69 of this Act, is a fine of up to 200 fine units.

 (2) The penalty for the same act committed by a legal person is a fine of up to 3200 euros.
[RT I 2010, 22, 108 – entry into force 01.01.2011]

§ 71.  Application of confiscation

  A body conducting extra-judicial proceedings or a court may, in accordance with § 83 of the Penal Code, apply confiscation of the direct object of commission of a misdemeanour provided for in §§ 68 and 69 of this Act.

§ 72.  Procedure

 (1) The provisions of the General Part of the Penal Code and the Code of Misdemeanour Procedure apply to misdemeanours provided for in §§ 68-70 of this Act.

 (2) The following extra-judicial bodies conduct proceedings in misdemeanour cases provided for in §§ 68-70 of this Act:
 1) the Environmental Inspectorate;
 2) a police authority.
[RT I 2009, 62, 405 – entry into force 01.01.2010]

Chapter 7 FINAL PROVISIONS 

§ 73. – § 79. [Omitted from this text.]

§ 80.  Implementation of Act

 (1) The restrictions on forest management in areas sensitive to erosion or deflation, alvars, or areas with pressured groundwater which were categorised as protection forests on the basis of the Forest Act in force before the entry into force of this Act, and in forests within the boundaries of objects protected under heritage conservation apply until 1 January 2008.

 (2) [Repealed – RT I 2008, 56, 314 – entry into force 01.01.2009]

 (3) If the obligation of reforestation arises for a forest owner before 1 January 2007, the forest owner will reforest the forest in accordance with the Forest Act in force prior to the entry into force of this Act. If the area to be reforested has not been regenerated in compliance with subsection 24 (4) of this Act within seven years after the obligation of reforestation has arisen, the Environmental Board will issue a precept provided for in subsection 25 (8) of this Act to the forest owner. In the event of failure to comply with the precept within the term set out in the precept, a coercive measure is applied with regard to the forest owner in accordance with subsection 25 (8) of this Act.
[RT I 2008, 56, 314 – entry into force 01.01.2009]

 (4) The term of office of the members of the supervisory board of the State Forest Management Centre established prior to the entry into force of this Act continues until the membership of the supervisory board established on the basis of this Act is approved.

 (5) The term of office of the Director General of the State Forest Management Centre appointed to office prior to the entry into force of this Act continues until the entry into force of a decision of the supervisory board on the election of members of the management board.

 (6) The decisions on the adoption of forest management plans made prior to the entry into force of this section are not legally binding to the environmental authority upon processing of forest notifications submitted after the entry into force of this section.
[RT I 2008, 56, 314 – entry into force 01.01.2009]

§ 81.  Management and deforestation of forest growing on land that has not been reformed

 (1) Until the re-registration of the right of ownership of land on the basis of the Land Reform Act, the management of the forests growing on the land subject to privatisation and restitution is organised by the environmental authority of the location of the land.

 (2) Areas that belonged to the state until 23 July 1940 and are now covered with forest are not subject to privatisation.

 (3) In the event of a forest growing on the land specified in subsection 31 (2) of the Land Reform Act, the management and deforestation of the forest is organised by the State Forest Management Centre until the re-registration of the right of ownership of the land on the basis of the Land Reform Act.
[RT I 2008, 56, 314 – entry into force 01.01.2009]

§ 82.  Entry into force of Act

 (1) This Act will enter into force on 1 January 2007.

 (2) Section 26, subsection 41 (5), clauses 41 (7) 2) and 9) and 10) will enter into force on 1 July 2007.


1 Council Directive 1999/105/EC on the marketing of forest reproductive material (OJ L 11, 15.1.2000, pp. 17–40)

Annex 1-3