In February 2022, the Environmental Board proposed changes to the protection regime of natural sites within the Natura 2000 network, suggesting that forest habitat types be placed under stricter protection. A review of forest habitats is currently underway.

In a letter to Minister of Climate Yoko Alender (Reform) and Environmental Board Director General Rainer Vakra, Chancellor of Justice Ülle Madise stated that she had received complaints from several landowners who discovered that the protection status of their properties had been upgraded on maps – from a restricted zone to a strict conservation zone – without prior notification.

Under the Nature Conservation Act, initiating proceedings is required to place an area under protection or to change its protection regime. This responsibility lies with the Ministry of Climate, which must also appoint an entity to conduct the proceedings. Moreover, the public and relevant stakeholders must be informed in accordance with established procedures to ensure their participation in the decision-making process. However, Madise noted, this has not been done.

The chancellor of justice sought clarification from the Environmental Board and the Ministry of Climate. The responses revealed that the ministry had not initiated the required protection proceedings, landowners had not been involved in the surveys and they had not been informed of changes. The Environmental Board confirmed, however, that starting this year, landowners would receive individual email notifications when new natural values are added to the registry or existing data is amended.

Madise emphasized that when the law provides clear procedures for involving the public, landowners and local governments, those procedures must be followed.

"It is unclear why, in this case, it was decided to disregard legal requirements. Additionally, it is not evident what rules the authorities are currently following," she said.

Madise underscored that, in a state governed by the rule of law, government agencies cannot act as they please; they must adhere to legislation.

"If necessary, and if the majority in the Riigikogu so decides, the law can be amended. Until then, as long as the law is in force, officials are obligated to follow it," she stressed.

"The chancellor of justice does not question the need to appropriately protect forest habitats. The Nature Conservation Act sets clear rules for protecting nature, and authorities must follow these rules," Madise stated. She acknowledged that engaging with landowners and the public requires time and effort but insisted this is unavoidable when attempting to revise a large number of protection regulations within a short timeframe.

"Please ensure that the protection of forest habitats complies with the Nature Conservation Act," Madise wrote to the Environmental Board and the Ministry of Climate.

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