Issuer: Riigikogu Type: act In force from: 01.09.2015 In force until: 31.12.2017 Translation published: 04.09.2015 Amended by the following acts Passed 22.01.2003 RT I 2003, 15, 84 Entry into force 01.07.2003, partially01.07.2004. a. Passed Published Entry into force 21.04.2004 RT I 2004, 32, 227 01.05.2004 15.06.2005 RT I 2005, 37, 284 01.07.2005 24.01.2007 RT I 2007, 12, 66 01.01.2008 21.02.2007 RT I 2007, 24, 129 26.03.2007 19.03.2008 RT I 2008, 16, 114 21.04.2008 04.06.2008 RT I 2008, 27, 177 01.01.2010 18.12.2008 RT I 2009, 3, 15 01.02.2009 10.06.2009 RT I 2009, 34, 224 27.06.2009, partially01.01.2010 29.10.2009 RT I 2009, 54, 363 01.01.2010 11.11.2009 RT I 2009, 56, 375 01.01.2010 11.11.2009 RT I 2009, 57, 381 01.01.2010 22.04.2010 RT I 2010, 22, 108 01.01.2011 enters into force on the day determined by the decision of the Council of the European Union concerning repeal of the derogation established in respect of the Republic of Estonia on the basis of Article 140 (2) of the Treaty on the Functioning of the European Union, Decision No. 2010/416/ EU of the Council of the European Union (OJ L 196, 28.07.2010, pp. 24 26). 03.02.2011 RT I, 25.03.2011, 1 01.01.2014; date of entry into force amended to 01.07.2014 [RT I, 22.12.2013, 1] 12.06.2013 RT I, 02.07.2013, 1 01.09.2013, partially 01.01.2014; date of entry into force amended to 01.07.2014 [RT I, 22.12.2013, 1] 05.12.2013 RT I, 22.12.2013, 1 01.01.2014 19.02.2014 RT I, 13.03.2014, 4 01.07.2014 05.06.2014 RT I, 29.06.2014, 1 01.07.2014 19.06.2014 RT I, 12.07.2014, 1 01.01.2015 19.06.2014 RT I, 29.06.2014, 109 01.07.2014,, official titles of ministers replaced on the basis of section 107³ (4) of the Government of the Republic Act 12.02.2015 RT I, 04.03.2015, 6 14.03.2015 18.02.2015 RT I, 23.03.2015, 3 01.07.2015 11.06.2015 RT I, 30.06.2015, 4 01.09.2015, on the basis of subsection 107^4 (2) of the Government of the Republic Act the words 'Ministry of Agriculture' have been replaced with the words Page 1 / 23
1. Scope of application of this Act Chapter 1 GENERAL PROVISIONS 'Ministry of Rural Affairs' in the appropriate case form (1) This Act provides the requirements for the designing, building and management of land improvement systems, the special rules governing the foundation and operation of land improvement associations operating as non-profit associations, the grounds and procedure for the exercise of state and administrative supervision over the compliance with this Act and the sanctions for violations of this Act. (1 1 ) The building of a construction work to serve land improvement purposes and building work on the territory of a land improvement system are subject to the provisions of the Building Code without prejudice to the provisions of this Act. [RT I, 23.03.2015, 3 entry into force 01.07.2015] (2) Provisions of the Administrative Procedure Act apply to administrative procedures prescribed in this Act without prejudice to the rules established by this Act. 2. Land improvement (1) For the purposes of this Act, land improvement means the drainage or irrigation of land, the two-way regulation of the water regime of soils, the liming of acid soils, as well as agricultural improvement, agricultural engineering and other work to manage land improvement systems that is done for the purpose of increasing the cultivation value of land zoned for agricultural and forestry use or for the purpose of environmental protection. [RT I 2009, 34, 224 entry into force 27.06.2009] (2) [Repealed RT I 2009, 34, 224 entry into force 27.06.2009] 3. Land improvement system (1) For the purposes of this Act, a land improvement system means a set of construction works that is needed for the drainage and irrigation of land zoned for agricultural and forestry use or for the protection of the environment and that is recorded in the register referred to in section 40(1) of this Act. [RT I 2009, 34, 224 entry into force 27.06.2009] (2) For the purposes of this Act, a drainage system means a land improvement system that is intended for the draining of land zoned for agricultural and forestry use and through whose regulating network excess water flows directly or through an artificial recipient of the land improvement system into a natural water body (hereinafter, the 'recipient of a drainage system') or into a jointly used recipient referred to in section 46(4) of this Act. [RT I 2009, 34, 224 entry into force 27.06.2009] (3) For the purposes of this Act, an irrigation system means a land improvement system that is intended for the irrigation of land zoned for agricultural and forestry use and that is used to draw water from a water body or from an aquifer and to distribute that water over the land to be irrigated. [RT I 2009, 34, 224 entry into force 27.06.2009] (4) For the purposes of this Act, a construction work required for the protection of the environment means a building or civil engineering work required for complying with the environmental protection requirements, primarily in order to minimise the risk of the spread of nonpoint source pollution and to ensure the greatest possible self-purification capacity of artificial recipients. (5) For the purposes of this Act, a road that services a land improvement system and constitutes part of the land improvement system means a road that is required for the performance of management work on land improvement systems and that is not a public road within the meaning of the Roads Act. (6) For the purposes of this Act, a network regulating a land improvement system (hereinafter, the 'regulating network') means a network of water conduits built to receive excess water (hereinafter, the 'drainage network') or to distribute water (hereinafter, the 'irrigation network'). (7) For the purposes of this Act, an artificial recipient of a land improvement system (hereinafter, the 'artificial recipient') means a water conduit built to receive excess water from a drainage network, a water conduit built Page 2 / 23
to transfer water to the water intake of an irrigation network, or a regulated section of a natural water body whose water level or whose water pipe's water flow capacity determines the proper functioning of the regulating network. (8) For the purposes of this Act, a jointly used recipient means an artificial recipient that ensures the proper functioning of a land improvement system located on several registered immovables. (9) For the purposes of this Act, the territory of a land improvement system means the area that contains the regulating network of that system. 4. Requirements for land improvement systems (1) The regulating network must ensure a soil water regime that is suitable for crop husbandry and must minimise the risk of the spread of nonpoint source pollution. (2) The artificial recipient must ensure the outflow of excess water from the drainage network or the supply of water to the irrigation network, and must have the greatest possible self-purification capacity. (3) The buildings of a land improvement system are subject to the requirements set out in section 11 of the Building Code. [RT I, 23.03.2015, 3 entry into force 01.07.2015] (4) The design, building and management of parts of a land improvement system are subject to the requirements that are established in this Act with respect to land improvement systems. Chapter 2 REQUIREMENTS FOR THE BUILDING OF LAND IMPROVEMENT SYSTEMS 5. The building of land improvement systems (1) For the purposes of this Act, the building of a land improvement system means the erection of buildings or the construction of civil engineering works that are part of the land improvement system, or the reconstruction of such buildings or civil engineering works. (2) For the purposes of this Act, the reconstruction of a land improvement system means the making of significant alterations to the plans of an existing land improvement system or to the methods of drainage or irrigation of that system or to the structure of a construction work of the system, or the technological readjustment of a construction work serving improvement purposes in that system. 6. Requirements for the building of land improvement systems (1) A land improvement system is built in accordance with the building permit for the land improvement system (hereinafter, the 'building permit'), having regard to the building design documentation of that system and the technical requirements for building land improvement systems. (2) The building products used to build the land improvement system must conform to the requirements provided in the Building Code.ˇ [RT I, 23.03.2015, 3 entry into force 01.07.2015] (3) [Repealed RT I, 29.06.2014, 1 entry into force 01.07.2014] (4) [Repealed RT I, 29.06.2014, 1 entry into force 01.07.2014] (5) A small-scale land improvement system means: 1) a ditch drainage network located within the boundaries of a single immovable within the territory of a land improvement system whose area does not exceed 20 hectares; 2) a subsurface drainage network or irrigation network located within the boundaries of a single immovable within the territory of a land improvement system whose area does not exceed 2 hectares; Page 3 / 23
3) a pond which is located on the immovable that contains the irrigation network referred to in clause 2 of this subsection and which holds up to 3000 m 3 of irrigation water. (6) When building a land improvement system on land zoned for agricultural use, the following techniques are used for preserving the soil and maintaining soil fertility: [RT I 2009, 34, 224 entry into force 27.06.2009] 1) removal of soil from the site on which a construction work is to be built; 2) in the case of site levelling, the prior removal of soil from the site and its subsequent return to the site, provided the estimated thickness of the layer of earth covering the soil exceeds 10 centimetres; 3) the loosening of the soil compacted due to the building of the land improvement system. (7) For the purposes of this Act, soil means topsoil. (8) The technical requirements for building land improvement systems are established by the minister responsible for the area. 7. Requesting design specifications for land improvement systems (1) Before the preparation of building design documentation concerning a land improvement system, an application requesting the design specifications for the land improvement system is to be submitted to the Estonian Agricultural Board (hereinafter, the 'EAB'). In order to obtain the design specifications, several persons may jointly submit a common application stating the particulars of all applicants. (2) The application sets out: 1) the applicant s name, personal identification code or registration number (in the absence of the personal identification code, the applicant s date of birth) and contact information; 2) the location, cadastral code, purpose of use and name of the owner of the immovable property; 3) the surface area of the territory of the envisaged land improvement system and the length of the artificial recipient; 4) the envisaged methods of drainage or irrigation; 5) information concerning the building materials and products to be used; 6) the envisaged type of land use; 7) other information that the applicant deems necessary in order to obtain design specifications. 8. Grant of design specifications for a land improvement system and refusal thereof (1) The EAB decides the issuance of design specifications for a land improvement system or refuses to issue such specifications within 30 days from the receipt of the application. The decision is dispatched to the applicant by post within three working days from the date on which it was made. [RT I 2009, 34, 224 entry into fore 01.01.2010] (2) If another administrative authority s endorsement is required for deciding an application and if such endorsement has not been submitted, the EAB forwards a copy of the application to the competent administrative authority of the government or of the local authority concerned in order to obtain the approval. (3) The issuance of design specifications is refused if: 1) the envisaged land improvement system fails to meet the requirements; 2) the envisaged land improvement system presents a danger to the life, health or property of individuals or to the environment; 3) the other administrative authority referred to in subsection 2 of this section refuses to endorse the application. (4) The design specifications set out: 1) the need to carry out land improvement site investigations in order to prepare the building design documentation of a land improvement system or to build a land improvement system; 2) the need to conduct an expert assessment of the building design documentation; 3) the governmental or local authority agencies or persons whose endorsement is to be obtained for the building design documentation. (5) [Repealed RT I 2008, 16, 114 entry into force 21.04.2008] 9. Building design documentation of a land improvement system (1) The building design documentation of a land improvement system (hereinafter, the 'building design documentation') is a set of documents that are necessary for the building and use of the land improvement system, including the explanatory memorandum that describes the aim of the building of the land improvement system, the technical drawings, the documents describing the volume of the work involved, the technical Page 4 / 23
calculations and, if necessary, the calculation of building costs, maintenance instructions for the land improvement system and other relevant documents. (2) Building design documentation must conform to: 1) the design specifications of the land improvement system; 2) the results of the land improvement site investigations, provided the conduct of site investigations was required in the design specifications; 3) the design standards for land improvement systems and the requirements for the form and content of the building design documentation. (3) Building design documentation must make it possible: 1) to build a land improvement system that meets the established requirements; 2) to check the conformity of building work to the building design documentation; 3) to check the conformity of the land improvement system to the established requirements; 4) to use and maintain the land improvement system built in accordance with such documentation. (4) [Repealed RT I, 29.06.2014, 1 entry into force 01.07.2014] (5) [Repealed RT I, 29.06.2014, 1 entry into force 01.07.2014] (6) The requirements concerning the form and content of the building design documentation and the design standards for the building design documentation are established by the minister responsible for the area. 10. Land improvement site investigations (1) The aim of land improvement site investigations is to obtain first-hand information for the preparation of building design documentation and for the building of land improvement systems. Land improvement site investigations are conducted if they are required in the design specifications. The cost of the site investigations is borne by the person who applied for the design specifications. (2) Land improvement site investigations are conducted to an extent that ensures the reliability of the data needed for the preparation of building design documentation and of the building of the land improvement system. (3) [Repealed RT I, 29.06.2014, 1 entry into force 01.07.2014] (4) An undertaking that operates in the area of activity mentioned in section 27(1)(1) of this Act must present the results of site investigations to the applicant for the design specifications as well as to the EAB within 30 working days from the conclusion of those investigations. [RT I, 25.03.2011, 1 entry into force 01.07.2014 (date of entry into force amended RT I, 22.12.2013, 1)] (5) The requirements for land improvement site investigations are established by the minister responsible for the area. 11. Expert assessment of building design documentation (1) Expert assessment of building design documentation means assessment of the conformity of the building design documentation to: 1) the design specifications of the land improvement system; 2) the results of the land improvement site investigations where the conduct of site investigations is required by the design specifications; 3) the design standards for land improvement systems and the requirements for the form and content of the building design documentation; 4) the requirements applicable to the land improvement system. (2) Expert assessment of building design documentation is to be performed where this is required by the design specifications or demanded by the authority whose endorsement is required under section 8(2) of this Act. The person who commissions the building design documentation bears the costs related to the performance of the expert assessment. (3) [Repealed RT I, 29.06.2014, 1 entry into force 01.07.2014] (4) The requirements for expert assessment of building design documentation and the procedure for performing the expert assessment are established by the minister responsible for the area. Page 5 / 23
12. Authority to enter upon immovable property In order to conduct land improvement site investigations, to prepare building design documentation or to perform acts related to the expert assessment of a land improvement system or of building design documentation, the undertaking operating in the field of land improvement is authorised to enter upon the immovable property on which the land improvement system is being built or is envisaged to be built, or upon any immovable property that may be affected by the envisaged land improvement system or that may affect the envisaged land improvement system (hereinafter, the 'neighbouring property ) in the presence of the owner of the immovable property or a person authorised by the owner or, if the time for entering upon the immovable property has been agreed beforehand with the owner or a person authorised by the owner, without the presence of those persons. 13. Building permit for a land improvement system (1) A building permit means consent granted for the building, on the immovable property specified in the building permit, of a land improvement system that conforms to the building design documentation. (2) The building permit is granted for an unspecified term, except in the case referred to in subsection 3 of this section. (3) The building permit becomes invalid if building work is not commenced within two years from the date of issue of the permit. (4) If the building permit has been issued to a person who is not the owner of the relevant immovable property, the land improvement system referred to in the building permit may be built on the immovable property with the permission of the owner of the property. (5) The owner of the immovable property must permit a land improvement system servicing another immovable property to be built on the property if the other property cannot be used for its intended purpose unless the land improvement system is built or if building the system elsewhere would involve excessive expenditure. The parties concerned must create a real servitude on the grounds and following the procedure provided in the Law of Property Act. 14. Application for and issue of building permits (1) In order to obtain a building permit, the corresponding application, building design documentation and other necessary documents must be submitted to EAB, and the state fee paid, within three years following the issue of design specifications. (2) The EAB decides to issue or refuses to issue the building permit within ten working days from receiving the documents referred to in subsection 1 of this section. The decision is communicated to the applicant within three working days from its making. The relevant local authority is informed of the issue of the building permit. (3) The requirements for the form and content of applications for building permits for land improvement systems and for the form and content of building permits themselves are established by the minister responsible for the area. 15. Grounds for refusal to issue a building permit The application for building permit is refused if: 1) the building design documentation does not conform to the corresponding design specifications; 2) the building design documentation has not been prepared in accordance with the results of the land improvement site investigations where site investigations are required by the design specifications; 3) the building design documentation does not conform to the design standards for land improvement systems or to the requirements for the form and content of the building design documentation; 4) the building design documentation has been prepared by a person who has failed to present a notice of economic activities for operating in the area of activity referred to in section 27(1)(2) of this Act; [RT I, 29.06.2014, 1 entry into force 01.07.2014] 5) more than three years have passed from the issue of the design specifications; 6) the applicant has knowingly submitted false or incomplete information in the application or, acting in an unlawful manner, exerts an influence on the authority competent to issue the building permit; 7) assessment of significant environmental impact has not been undertaken where the assessment of environmental impact is mandatory; 8) the state fee has not been paid. 16. Information stated on the building permit The following information is stated on the building permit: 1) the applicant s name, personal identification code or registration number (in the absence of a personal identification code, the applicant s date of birth) and contact information; Page 6 / 23
2) the location, cadastral code, purpose of use and name of the owner of the immovable; 3) the location of the envisaged land improvement system, the surface area of its territory, the length of its artificial recipient and the length of the road servicing the land improvement system; 4) technical information concerning the building design documentation; 5) the particulars of the designer. 17. Suspension and restoration of the validity of a building permit (1) The validity of a building permit is suspended if circumstances become evident which prevent the land improvement system from being built in conformity with the requirements or due to which the process of building or the land improvement system that is being built could present a danger to the life, health or property of individuals or to the environment. (2) If circumstances referred to in subsection 1 of this section become evident in the course of state supervision, the EAB suspends the validity of the building permit within ten working days from being informed of the circumstances that constitute the grounds for the suspension. The decision is dispatched to the applicant by post within three working days from its making. [RT I, 13.03.2014, 4 entry into force 01.07.2014] (3) When the circumstances referred to in subsection 1 of this section have been eliminated, the EAB restores the validity of the building permit within ten working days from being informed of the elimination. The decision is dispatched to the applicant by post within three working days from its making. 18. Revocation of the building permit (1) The building permit is revoked if: 1) the owner of the land improvement system submits the corresponding application; 2) the land improvement system that is being built presents a danger to the life, health or property of individuals or to the environment; 3) the owner of the land improvement system has repeatedly failed to comply with enforcement orders issued on the grounds and following the procedure provided in this Act; 4) the owner of the land improvement system has repeatedly obstructed state supervision; 5) the applicant has knowingly submitted false or incomplete information in the application or, acting in an unlawful manner, exerts an influence on the authority competent to issue the building permit. (2) The EAB revokes the building permit within ten working days from being informed of the grounds for revocation of the permit as set out in subsection 1 of this section. The decision is dispatched to the applicant by post within three working days from its making. (3) If the land improvement system that is being built under a revoked building permit presents a danger to the life, health or property of individuals or to the environment, an enforcement order for the demolition or liquidation of the land improvement system is issued to the owner of the system. 19. Obligations of owners of land improvement systems when building land improvement systems The owner of a land improvement system is required to: 1) apply for a building permit before the commencement of the building of the land improvement system; 2) ensure that the land improvement system is built under a building permit and in adherence to the building design documentation; 3) arrange for owner supervision so as to ensure that the requirements for building the land improvement system are complied with; 4) allow the body performing state supervision to perform supervisory operations, monitor the environmental impact of land improvement or use or investigate the technical reasons for the failure of the land improvement system; 5) arrange, upon completion of the land improvement system, the preparation of a memorandum in respect of the commissioning of the land improvement system, and to submit the memorandum to the EAB; 6) ensure that the technical documentation concerning the building of the land improvement system is prepared and preserved and, where necessary, to submit that documentation to the body performing state supervision; 7) where necessary, commission an expert assessment of the land improvement site investigations, of building design documentation or of the land improvement system; 8) perform other obligations established in this Act. Page 7 / 23
20. Owner supervision (1) At least three working days before the building of the land improvement system commences, the owner of the land improvement system must communicate to the EAB the date on which building work is to commence and the names of the person who is to perform owner supervision and of the authorised specialist or, in the case of a land improvement association, the name of the person meeting the requirements established for authorised specialists. The owner of the land improvement system must also inform the relevant local authority of the commencement of the building of the land improvement system. (2) [Repealed RT I, 29.06.2014, 1 entry into force 01.07.2014] (3) [Repealed RT I, 29.06.2014, 1 entry into force 01.07.2014] (3 1 ) Owner supervision is not necessary when a small-scale land improvement system is being built by the owner of the land improvement system. (4) Owner supervision may not be performed by the person who builds the land improvement system or who has conducted an expert assessment of the system s building design documentation. (5) The person who performs owner supervision is entitled to demand that the person who prepared the building design documentation bring that documentation into conformity with the requirements established for building design documentation. (6) The person who performs owner supervision is entitled to demand that the person building the land improvement system: 1) present certificates of conformity concerning the building materials and products used, and replace any nonconforming building materials and products; 2) redo any building operations which fail to conform to established requirements; 3) suspend building operations if the requirements established for the land improvement system and for the building of the land improvement system are materially violated or if an accident hazard has arisen; 4) document the building work in a proper and timely manner. (7) Owner supervision starts on the date on which the building of the land improvement system commences and ends on the date on which the memorandum of the commissioning of the land improvement system is approved. (8) The procedure for performing owner supervision is established by the minister responsible for the area. 21. Drawing up the memorandum concerning the commissioning of the land improvement system (1) Upon completing the building of a land improvement system that conforms to established requirements and that was built in accordance with the building permit and building design documentation and in respect of which the documents listed in clauses 2 6 of section 26(1) of this Act have been prepared, the owner of the land improvement system arranges the drawing up of the memorandum concerning the commissioning of the land improvement system. (2) The following particulars are stated in the memorandum concerning the commissioning of the land improvement system: 1) the system owner s name, personal identification code or registration number (in the absence of a personal identification code, the owner s date of birth) and contact information; 2) the location of the system; 3) the method of drainage or irrigation; 4) the technical parameters of the system; 5) the particulars of the designer, builder and the person performing owner supervision; 6) the period of the warranty granted by the designer and the builder if it exceeds two years; 7) the cadastral code of the immovable on which the system is located. 22. Submission and approval of the memorandum concerning the commissioning of the land improvement system (1) The owner of the land improvement system submits the memorandum concerning the commissioning of the land improvement system and the documents listed in clauses 2 6 of section 26(1) of this Act to the EAB within five working days from the completion of the building of the land improvement system. The EAB makes copies of the documents and returns the originals to the person who submitted them. (2) The EAB decides to approve or to refuses to approve the memorandum of the commissioning of the land improvement system within five working days from receipt of the memorandum. The decision is communicated to the owner of the land improvement system by post within three working days from its making. Page 8 / 23
(3) The requirements for the form and content of memoranda concerning the commissioning of a land improvement system are established by the minister responsible for the area. 23. Grounds for refusal to approve the memorandum concerning the commissioning of a land improvement system Approval is not granted to the memorandum concerning the commissioning of a land improvement system if the land improvement system fails to conform to the requirements established for the land improvement system or to the building design documentation. 24. Expert assessment of land improvement systems (1) Expert assessment of a land improvement system means assessment of the conformity of the land improvement system to the requirements established for land improvement systems. (2) An expert assessment is conducted in respect of the land improvement system if the EAB, having reviewed the memorandum concerning the commissioning of the system, considers that system to fail to conform to the requirements. The owner of the land improvement system bears the costs of conducting the expert assessment. (3) [Repealed RT I, 29.06.2014, 1 entry into force 01.07.2014] (4) The requirements for expert assessment of land improvement systems and the procedure for conducting expert assessments are established by the minister responsible for the area. [RT I 2009, 56, 375 entry into force 01.01.2010] 25. Warranty for a land improvement system (1) For the purposes of this Act, warranty for a land improvement system means the obligation assumed by the designer and the builder to ensure that, if used for its intended purpose and properly maintained, the land improvement system retains for a specified period of time the safety and usability properties and the high quality required for its use. (2) The warranty granted for a land improvement system is two years from the approval of the memorandum of the commissioning of the land improvement system, unless the designer, builder and owner of the land improvement system have agreed on a longer warranty period. (3) The performance of additional work necessitated by design flaws that are discovered during the warranty period of a land improvement system is arranged by the designer of the land improvement system. Such additional work is performed within a reasonable period of time at the designer's expense. (4) Construction faults that are discovered during the warranty period of a land improvement system are eliminated by the builder at the builder's expense and within a reasonable period of time. 26. Requirements for technical documentation concerning building work on land improvement systems and the preservation of such documentation (1) The technical documentation concerning building work on a land improvement system includes: 1) building design documentation; 2) the journal of building operations; 3) reports of covered work; 4) reports on the expert assessment of the building design documentation or the land improvement system; 5) documents certifying the conformity to established requirements of the building materials and products used; 6) as-built drawings and the information regarding the staking out of the land improvement system; 7) other documents that characterise the building work; 8) the memorandum concerning the commissioning of the land improvement system. (1 1 ) The keeping of the journal of building operations is not required in the case of building a small-scale land improvement system. (2) The owner of the land improvement system preserves the technical documentation concerning the building work on the land improvement system until the cessation of the operation of the land improvement system. Page 9 / 23
(3) The requirements for the form and content of the documents listed in clauses 2, 3 and 6 of subsection 1 of this section and the procedure for their preparation are established by the minister responsible for the area. 27. Notification obligation Chapter 3 REQUIREMENTS FOR UNDERTAKINGS (1) A notice of economic activities must be submitted to the EAB in order to operate in the following areas of activity in the field of land improvement: 1) land improvement site investigations; 2) design of land improvement systems; 3) owner supervision in relation to land improvement systems; 4) expert assessment in relation to land improvement; 5) the building of land improvement systems. (2) The notification obligation established in subsection 1 of this section does not apply in the case of building a small-scale land improvement system. [RT I, 25.03.2011, 1 entry into force 01.07.2014 (date of entry into force amended RT I, 22.12.2013, 1)] 27 1. Requirements for pursuing an area of activity in the field of land improvement (1) Owner supervision may also be performed by an undertaking engaged in the design of land improvement systems or in expert assessment in relation to land improvement or by a land improvement association within its territory provided the association's authorised specialist meets the requirements set out in section 28(3) of this Act. (2) Owner supervision in respect of a small-scale land improvement system may also be performed by the persons referred to in subsection 3 of this section or by the owner of the land improvement system. (3) The authorised specialist of an undertaking that operates in the field of land improvement must meet the requirements established in section 28 of this Act. [RT I, 25.03.2011, 1 entry into force 01.07.2014 (date of entry into force amended RT I, 22.12.2013, 1)] 28. Authorised specialist (1) The authorised specialist is an expert who meets the requirements set out in subsections 2 and 3 of this section and who is competent to direct and inspect the activities in the particular area of land improvement and to assume responsibility for the conformity of such activities to established requirements. The authorised specialist may operate as a self-employed person or on the basis of a legal relationship with an undertaking that operates in the field of land improvement. (2) The authorised specialist responsible for land improvement site investigations, for the design of land improvement systems or for expert assessments in relation to land improvement must possess a specialized higher education and must have worked for at least three years in the corresponding area of activity in the field of land improvement. (3) The authorised specialist responsible for the building of land improvement systems or for owner supervision must possess at least a specialized vocational secondary education or an equivalent qualification and must have worked in the area of building land improvement systems or owner supervision for at least three years. [RT I, 02.07.2013, 1 entry into force 01.09.2013] 29. Obligations of undertakings engaged in land improvement site investigations The undertakings performing land improvement site investigations must: 1) conduct site investigations to the extent determined in the design specifications; 2) ensure the compliance of site investigations with the established requirements; 3) deliver the data of site investigations to the person who applied for the building permit and to the EAB. 30. Obligations of designers of land improvement systems The designers of land improvement systems must: 1) prepare building design documentation that conforms to the requirements for the form and content of such documentation and to the design standards for land improvement systems; 2) ensure the compliance of the building design documentation with the design specifications; 3) deliver the building design documentation to the person who applied for the building permit. Page 10 / 23
31. Obligations of persons who perform owner supervision in respect of land improvement systems (1) The persons who perform owner supervision in respect of land improvement systems must scrutinise: 1) the compliance of the building design documentation with the established requirements; 2) the conformity of building work to the building design documentation; 3) the conformity to established requirements of the building materials and products used; 4) adherence to the technical requirements for the building of land improvement systems; 5) the conformity of the land improvement system to established requirements; 6) the safety of the building work on the land improvement system and the conformity of the building work to environmental and other requirements; 7) the presence of the technical documentation concerning the building of the land improvement system and its conformity to established requirements. (2) The persons who perform owner supervision in respect of a land improvement system are required to inform the owner of the land improvement system without delay of any violations discovered and of any demands made on the grounds provided in section 20(5) or 20(6) of this Act. 32. Obligations of undertakings conducting expert assessment of building design documentation The undertakings conducting expert assessment of building design documentation must: 1) scrutinise the conformity of the building design documentation to design specifications, environmental and other requirements, the results of land improvement site investigations, the design standards for land improvement systems and the requirements for the form and content of the building design documentation; 2) conduct the expert assessment in accordance with established requirements. 33. Obligations of undertakings performing expert assessment of land improvement systems The undertakings performing expert assessment of land improvement systems must: 1) scrutinise the conformity of the land improvement system to the building design documentation; 2) scrutinise the conformity of the land improvement system to the established requirements; 3) conduct the expert assessment in accordance with established requirements; 4) notify the owner of the land improvement system without delay of any non- conformity to established requirements discovered in the course of expert assessment. 34. Obligations of builders of land improvement systems The builders of land improvement systems must: 1) build the land improvement system according to the building design documentation; 2) adhere to the technical requirements for the building of the land improvement system and ensure the safety of the building work when building the land improvement system; 3) use building materials and products that conform to established requirements; 4) avoid polluting the environment; 5) prepare the documents referred to in clauses 2, 3, 6 and 7 of subsection 1 of section 26 of this Act; 6) notify the owner of the land improvement system without delay of any non-conformity or possible nonconformity to established requirements of the building design documentation or the land improvement system discovered in the course of the building work; 7) deliver to the owner of the land improvement system the technical documentation concerning the land improvement system that the builder has prepared. Chapter 4 REGISTER OF UNDERTAKINGS OPERATING IN THE FIELD OF LAND IMPROVEMENT 35. Register of undertakings operating in the field of land improvement (1) The register of undertakings operating in the field of land improvement (hereinafter, the register') is a database that is established by the Government of the Republic and is part of the government information system. The constitutive regulations of the register are adopted by the Government of the Republic. (2) The controller of the data in the register is the Ministry of Rural Affairs and the processor of the data in the register is the EAB. (3) The provisions of the General Part of the Economic Activities Code Act concerning registers apply to the register without prejudice to the rules established by this Act. Page 11 / 23
[RT I, 25.03.2011, 1 entry into force 01.07.2014 (date of entry into force amended RT I, 22.12.2013, 1)] 36. 39.[Repealed RT I, 25.03.2011, 1 entry into force 01.07.2014 (date of entry into force amended RT I, 22.12.2013, 1)] Chapter 5 REGISTER OF LAND IMPROVEMENT SYSTEMS 40. Register of land improvement systems (1) The register of land improvement systems is a database that is established by the Government of the Republic and that is a part of the government information system. The constitutive regulations of the register of land improvement systems are adopted by the Government of the Republic. (2) The controller of the register is the Ministry of Rural Affairs and the processor of the register is the EAB. (3) [Repealed - RT I 2009, 34, 224 - jõust. 01.01.2010] (4) The information stored in the register of land improvement systems is for information and statistical purposes only. The aim of maintaining the register of land improvement systems is to keep account of the land improvement systems that are being built or that are in use. 41. Information in the register of land improvement systems The following information regarding the constituent parts of the land improvement system is to be entered in the register of land improvement systems: 1) the name of the construction work; 2) the registration number of the land improvement system; 3) technical particulars of general and specific nature; 4) information concerning the location of the construction work; 5) information concerning the design specifications; 6) consolidated information concerning the building design documentation; 7) results of the land improvement site investigations conducted for the purpose of preparing the buildign design documentation; 8) information on the building design documentation or the expert assessment report; 9) information contained in the building permit; 10) the name, personal identification code or registration number (in the absence of the personal identification code, the date of birth) of the builder and of the person performing owner supervision and the registration number of the undertaking operating in the field of land improvement; 11) the date of the commencement of building work; 12) information on the memorandum concerning the commissioning of the land improvement system; 13) information concerning approval of the building design documentation of a construction work to be built on the immovable property on which the land improvement system is located, or information concerning approval of the intention to regulate the water level in the artificial recipient or its protective section; 14) information on enforcement orders issued by law enforcement agencies; [RT I, 13.03.2014, 4 entry into force 01.07.2014] 15) information concerning the cessation of the purpose of use of the land improvement system. 42. Entry of information in the register of land improvement systems (1) The EAB enters the information submitted to it in the register within five working days from receiving the information. The person who submitted information to the EAB is responsible for the accuracy of the information. (2) Information that is subject to the registration obligation and that results from a resolution or enforcement order of the EAB is entered in the register within five working days from the making of the resolution or from the day on which the enforcement order becomes effective. 43. Dissemination of the information in the register of land improvement systems (1) The information contained in the register of land improvement systems is public and is disseminated on the web pages of the data processors referred to in section 40(3) of this Act. (2) The dissemination of personal data is subject to the provisions of the Personal Data Protection Act. Page 12 / 23
44. Shared use of information between registers The register of land improvement systems, the commercial register, the land cadastre, the land register, the register of construction works, the register of agricultural support and agricultural parcels, the register of undertakings operating in the field of land improvement and other registers share their data between them. Chapter 6 MANAGEMENT OF LAND IMPROVEMENT SYSTEMS 45. Management of land improvement systems (1) For the purposes of this Act, the management of land improvement systems means the maintenance and renovation of those systems, of their territory and of the civil engineering works that are connected to the system or its territory and required for the protection of the environment, the liming of acid soils, as well as agricultural improvement and agricultural engineering (hereinafter, the 'management work on land improvement systems') that is done for the purpose of maintaining and increasing the cultivation value of land zoned for agricultural and forestry use. [RT I 2009, 34, 224 entry into force 27.06.2009] (2) The owner of the land improvement system or the person who, under a legal relationship, uses that system on the immovable property that he possesses (hereinafter, the 'possessor of the land') must, while using the land improvement system and the territory thereof, perform necessary management work on the land improvement system, to ensure that, throughout its use, the land improvement system conforms to the requirements set out in sections 4(1) and 4(2) of this Act. (3) When performing management work on the land improvement system, the possessor of land may not obstruct the flow of water in the system or cause harm to other possessors of land by other activities. Any person who has damaged a land improvement system is required, without delay, to inform the possessor of the land and the EAB thereof and to eliminate the damage. (4) If the person referred to in subsection 3 of this section fails to eliminate the damage, the possessor of the land eliminates the damage at his own expense, acquiring the right of recourse against the person referred to in subsection 3 of this section to the extent of the expenses incurred in order to eliminate the damage. (5) The requirements for management work on land improvement systems are established by the minister responsible for the area. 46. Arrangements for the management of land improvement systems (1) The management of land improvement systems is arranged by: 1) the possessor of the land; 2) possessors of land who benefit from the operation of a jointly used recipient on the basis of a partnership agreement or through a land improvement association provided for by this Act; 3) the government, through the EAB, with respect to jointly used recipients maintained by the government. (2) Management work on land improvement systems located on government-owned immovable property is arranged by the government as the owner of those systems through an administrator of state assets or through a duly authorised representative. (3) The possessors of land referred to in clause 2 of subsection 1 of this section are possessors of land who possess an immovable property that holds a land improvement system. (4) The Government of the Republic establishes the list of jointly used recipients maintained by the government. The list may only include jointly used recipients whose catchment area is at least 10 km 2. The management work on such jointly used recipients is financed from funds allocated for this purpose to the Ministry of Rural Affairs from the national budget. (5) In order to maintain the jointly used recipients referred to in subsection 4 of this section, the person who performs maintenance work on land improvement systems is authorised to enter upon an immovable property in the presence of the possessor of the land or a person authorised by the possessor, or, if the time of the entry upon the immovable has been agreed beforehand with the possessor of the land or the person authorised by the possessor, without those persons being present. Page 13 / 23