Proposal by the Chancellor of Justice for bringing the regulation concerning the building prohibition zone of the Nature Conservation Act into compliance with the Constitution
Session: 15th Estonian Parliament, 3rd sitting, plenary session
Date: 2024-06-06 13:24
Participating Politicians:
Total Speeches: 14
Membership: 15
Agenda Duration: 12m
AI Summaries: 14/14 Speeches (100.0%)
Analysis: Structured Analysis
Politicians Speaking Time
Politicians
Analysis
Summary
The second agenda item concerned the Chancellor of Justice's proposal to bring the regulation of the building exclusion zone in the Nature Conservation Act into compliance with the Constitution. Ülle Madise, the Chancellor of Justice, expanded the scope of the proposal so that the objective of coastal protection would not suffer, administrative costs would decrease, and the rights of landowners would not be unjustifiably restricted. The order of proceedings remained the same as in the first item, and the discussion of the proposal took place with representatives of the ministries, who assumed that the changes could be practically implementable and that the nature conservation objectives would be preserved.
During the discussion, it was pointed out that the list of exceptions was defined too restrictively, and the modern situation requires flexibility – for example, a sewer pipe, a culvert, and a small bridge, which would allow for, say, land or aquaculture or maintenance work, should not require a detailed zoning plan. The law lacks an exhaustive list of all exceptions, and there is a need for a simpler procedure; at the same time, it was emphasized that property rights may only be restricted in the public interest, and the restriction must be necessary and reasonable. Representatives of the Commission and the ministries confirmed that they have the desire and the plan to analyze this and, if necessary, expand the exceptions or allow the application for a one-time permit. Finally, the commission supported the Chancellor of Justice's proposal and decided to bring this matter into compliance with the Constitution and reduce administrative costs and the burden on owners, while continuing to fulfill nature conservation objectives.
Decisions Made 1
Support was given to the Chancellor of Justice's proposal to bring the provisions of the Nature Conservation Act concerning the building exclusion zone into compliance with the Constitution, and to reduce administrative costs and the burden on owners; to appoint committee member Urve Tiidus as the representative of the Environment Committee in the plenary session; furthermore, to initiate a draft bill to bring the regulation into compliance with the Constitution during the Riigikogu proceedings.
Most Active Speaker
The most active speaker during this session was FN_Sw0Q_hvE, who spoke twice (the 5th and 12th speeches). Please mark the representative's position as: other. It is true that representatives of qhvLO5q57kQ also presented the same number of speeches, but in the cluster mentioned above, I chose representative FN_Sw0Q_hvE as a single example.
Aseesimees Jüri Ratas
AI Summary
Jüri Ratas announced that the second item on the agenda is the proposal by the Chancellor of Justice to bring the regulation concerning the building exclusion zone of the Nature Conservation Act into compliance with the Constitution. He stated that the procedure for this item is the same as for the first, and he then invited Chancellor of Justice Ülle Madise to the Riigikogu rostrum.
Õiguskantsler Ülle Madise
AI Summary
The Chancellor of Justice, Ülle Madise, proposed aligning the Nature Conservation Act with the Constitution, reducing administrative costs and the burden on landowners, and ensuring that the objectives of nature conservation are not compromised.
Aseesimees Jüri Ratas
AI Summary
Jüri Ratas thanks the Chancellor of Justice for the comprehensive report and notes that there is at least one question, after which he invites Andre Hanimägi to speak.
Andre Hanimägi
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Andre Hanimägi noted that shore protection is vital and the proposal is sensible, but asked whether the exceptions for small bridges and culverts wouldn't create a loophole to circumvent the restrictions, and how this risk would be mitigated.
Õiguskantsler Ülle Madise
AI Summary
If the Riigikogu decides to support the proposal, the requirement for a permit from the Environmental Board remains in effect, which can be applied for faster than a year or a year and a half and with fewer works required. However, exceptions waste taxpayer money and the resources of local governments, because the Environmental Board assesses the situation and determines whether or not the protection of the shore will be harmed by it, and the goals of nature conservation must not suffer as a result.
Aseesimees Jüri Ratas
AI Summary
Deputy Chairman Jüri Ratas invited Mait Klaassen to speak.
Mait Klaassen
Profiling Eesti Reformierakonna fraktsioonAI Summary
Mait Klaassen thanked the chair of the session and the Chancellor of Justice, saying that it was finally happening, that he had no fear of malicious use, and he supported the proposal because it helps law-abiding people conduct themselves properly and provides a clearer picture of the right way to behave.
Õiguskantsler Ülle Madise
AI Summary
Chancellor of Justice Ülle Madise expressed great thanks.
Aseesimees Jüri Ratas
AI Summary
Vice-Speaker Jüri Ratas thanked the Chancellor of Justice for the report and the answers, announced that the questioning was concluded, and invited Katrin Kuusemäe, a member of the Constitutional Committee, to the Riigikogu rostrum.
Katrin Kuusemäe
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
The Constitutional Committee discussed the proposal by Chancellor of Justice Ülle Madise regarding bringing the provisions of the Nature Conservation Act concerning the building protection zone into compliance with the Constitution, received a thorough briefing, and unanimously decided to support the proposal. Furthermore, the need for an analysis by the Ministry of Climate was confirmed, and Katrin Kuusemäe was appointed as the representative in the lead committee.
Aseesimees Jüri Ratas
AI Summary
The representative of the Riigikogu thanked the presenter, stated that there were no questions, and promised to congratulate Urve Tiidus—a member of the Environment Committee and today's birthday celebrant—on behalf of the Riigikogu.
Urve Tiidus
Profiling Eesti Reformierakonna fraktsioonAI Summary
The presentation emphasized that the Chancellor of Justice intends to bring the provisions of the Nature Conservation Act regarding the building exclusion zone into compliance with the Constitution. The commission identified the need for both a simpler exception procedure and a broader list of exceptions, and it was unanimously decided to support the proposal and appoint Urve Tiidus as the representative for the commission's plenary discussion.
Aseesimees Jüri Ratas
AI Summary
Ratas thanked the rapporteur, said that there were no questions and that discussions would not be opened, and that they would now move on to preparing for the vote, during which it would be asked who is in favor of the Chancellor of Justice's proposal.
Aseesimees Jüri Ratas
AI Summary
The Riigikogu accepted the proposal of the Chancellor of Justice (43 in favor, 1 against) and tasked the Environment Committee with initiating a draft bill to bring the regulation of the construction exclusion zone under the Nature Conservation Act into compliance with the Constitution.