Land Improvement Act

Link to law: https://www.riigiteataja.ee/en/eli/ee/Riigikogu/act/503062015001/consolide
Published: 2015-03-14

Land Improvement Act

Passed 22.01.2003
RT I 2003, 15, 84
Entry into force 01.07.2003, partially 01.07.2004. a.
Amended by the following legal instruments (show)

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, partially 01.01.2010

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

Chapter 1 GENERAL PROVISIONS 

§ 1.  Scope of application of this Act

(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.
[RT I, 04.03.2015, 6 – entry into force 14.03.2015]
(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.
[RT I, 04.03.2015, 6 – entry into force 14.03.2015]
(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.
[RT I 2008, 16, 114 – entry into force 21.04.2008]
(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').
[RT I 2008, 16, 114 – entry into force 21.04.2008]
(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 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.
[RT I 2008, 16, 114 – entry into force 21.04.2008]
(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.
[RT I 2008, 16, 114 – entry into force 21.04.2008]
(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.
[RT I 2008, 16, 114 – entry into force 21.04.2008]

§ 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.
[RT I, 04.03.2015, 6 – entry into force 14.03.2015]
(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 specified in subsections 1–8 and 11 of section 3 of the Building Act.
(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.
[RT I 2008, 16, 114 – entry into force 21.04.2008]

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 layout 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.
[RT I 2008, 16, 114 – entry into force 21.04.2008]

§ 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 materials and products used to build the land improvement system must conform to the requirements provided in the Building Act.
(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;
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 m3 of irrigation water.
[RT I 2008, 16, 114 – entry into force 21.04.2008]
(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;
[RT I 2008, 16, 114 – entry into force 21.04.2008]
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.
[RT I 2009, 34, 224 – entry into force 01.01.2010]
(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.
[RT I 2009, 34, 224 – entry into force 01.01.2010]
(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 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.

§ 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.
[RT I 2009, 34, 224 – entry into force 01.01.2010]
(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.
[RT I 2009, 34, 224 – entry into force 01.01.2010]
(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;
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;
[RT I 2008, 16, 114 – entry into force 21.04.2008]
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.
[RT I 2009, 34, 224 – entry into force 01.01.2010]

§ 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.
[RT I 2009, 34, 224 – entry into force 01.01.2010]
(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;
[RT I 2009, 34, 224 – entry into force 01.01.2010]
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.

§ 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.
[RT I 2009, 34, 224 – entry into force 01.01.2010]
(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]
(31) Owner supervision is not necessary when a small-scale land improvement system is being built by the owner of the land improvement system.
[RT I 2008, 16, 114 – entry into force 21.04.2008]
(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 non-conforming 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;
[RT I 2008, 16, 114 – entry into force 21.04.2008]
7) the cadastral code of the immovable on which the system is located.
[RT I 2008, 16, 114 – entry into force 21.04.2008]

§ 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.
[RT I 2009, 34, 224 – entry into force 01.01.2010]
(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.
[RT I 2009, 34, 224 – entry into force 01.01.2010]
(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.
[RT I 2009, 34, 224 – entry into force 01.01.2010]
(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 information regarding the geographical location of the land improvement system;
7) other documents that characterise the building work;
8) the memorandum concerning the commissioning of the land improvement system.
(11) The keeping of the journal of building operations is not required in the case of building a small-scale land improvement system.
[RT I 2008, 16, 114 – entry into force 21.04.2008]
(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.
(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.

Chapter 3 REQUIREMENTS FOR UNDERTAKINGS 

§ 27.  Notification obligation

(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:
[RT I, 04.03.2015, 6 – entry into force 14.03.2015]
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)]

§ 271.  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.
[RT I 2009, 34, 224 – entry into force 01.01.2010]

§ 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.

§ 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 non-conformity 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.
[RT I 2008, 16, 114 – entry into force 21.04.2008]
(2) The controller of the data in the register is the Ministry of Agriculture and the processor of the data in the register is the EAB.
[RT I 2009, 34, 224 – entry into force 01.01.2010]
(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.
[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.
[RT I 2008, 16, 114 – entry into force 21.04.2008]
(2) The controller of the register is the Ministry of Agriculture and the processor of the register is the EAB.
[RT I 2009, 34, 224 – entry into force 01.01.2010]
(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.
[RT I 2008, 16, 114 – entry into force 21.04.2008]

§ 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.
[RT I 2009, 34, 224 – entry into force 01.01.2010]
(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.
[RT I 2009, 34, 224 – entry into force 01.01.2010]

§ 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.
[RT I 2008, 16, 114 – entry into force 21.04.2008]
(2) The dissemination of personal data is subject to the provisions of the Personal Data Protection Act.

§ 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.
[RT I 2009, 34, 224 – entry into force 01.01.2010]
(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.
[RT I 2009, 34, 224 – entry into force 01.01.2010]
(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 km2. The management work on such jointly used recipients is financed from funds allocated for this purpose to the Ministry of Agriculture 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.

§ 47.  The building of other construction works on immovable property on which a land improvement system is located and the regulation of water level on such immovable property

(1) The authority that issues the building permit must obtain the approval of the EAB in respect of the building design documentation of any building or civil engineering work which does not fall under section 3(1) of this Act and is to be erected on the immovable property on which a land improvement system is located and in respect of the stated intention to regulate the water level in an artificial recipient or its protective section.
[RT I 2009, 34, 224 – entry into force 01.01.2010]
(2) The protective section of the recipient of a drainage system is deemed to be the section whose water level, when regulated, influences the required functioning of the land improvement system. The extent of the protective section is determined in the management plan for the land improvement system.
(3) The EAB decides the grant or refusal of approval within ten working days from receiving the corresponding application. The decision is communicated by post to the authority issuing the building permit within three working days from its making.
[RT I 2009, 34, 224 – entry into force 01.01.2010]
(4) Approval to the building design documentation or to the stated intention to regulate the water level in an artificial recipient or its protective section is refused if the building of the construction work or the regulation of the water level obstructs the required functioning of the land improvement system.
[RT I 2008, 16, 114 – entry into force 21.04.2008]

§ 48.  Land use on the territory of a land improvement system

(1) Where a land improvement system is located on an immovable property, the zoned purpose or use (hereinafter, 'land use') of the immovable property may be changed and the immovable property may be reallotted, divided, merged, joined or separated (hereinafter, the 'land reorganisation act') with the prior consent of the EAB.
[RT I 2009, 34, 224 – entry into force 01.01.2010]
(11) For the purposes of this Act, changing the use of the immovable property on land zoned for agricultural and forestry use means:
1) changing a parcel of cultivated land or natural grassland into a parcel of forest land;
2) changing a parcel of forest land into a parcel of cultivated land or natural grassland;
3) creating a plantation of woody plants on a parcel of cultivated land or natural grassland.
[RT I 2009, 34, 224 – entry into force 01.01.2010]
(2) The consent of the EAB sets out the conditions for changing the land use or for performing the reorganisation of the land holding such as to ensure the required functioning of the land improvement system located on the immovable property concerned and on neighbouring immovable property.
[RT I 2008, 16, 114 – entry into force 21.04.2008]
(3) The EAB decides to grant or refuse its consent for changing the land use or for performing the reorganisation of the land holding within ten working days from receiving the corresponding application. The decision is communicated by post to the land owner within three working days from its making.
[RT I 2009, 34, 224 – entry into force 01.01.2010]
(4) The EAB refuses to grant its consent for changing the land use or for performing the reorganisation of the land holding if the aforementioned activities obstruct the required functioning of the land improvement system.
[RT I 2009, 34, 224 – entry into force 01.01.2010]
(5) If there is a network regulating a land improvement system on the immovable property and the zoned purpose of the immovable property is changed such that the land is no longer land zoned for agricultural and forestry use within the meaning of section 2 of this Act, the use of the land improvement system on that immovable property is deemed to have ceased and the corresponding entry is made in the register of land improvement systems.
[RT I 2009, 34, 224 – entry into force 27.06.2009]

§ 49.  Maintenance of land improvement systems

(1) The maintenance of a land improvement system means the performance of maintenance work on the land improvement system, except for the maintenance work that is performed to renovate the land improvement system.
(2) The maintenance of the land improvement system also includes the removal of vegetation and of flow-obstructing obstacles from the streambed of ditches and the performance of maintenance work on the territory of the land improvement system and on the civil engineering works that serve the purpose of water protection and are located on that territory.

§ 50.  Renovation of land improvement systems

(1) The renovation of a land improvement system means the replacement or reconstruction of its obsolete parts or parts that have fallen into disrepair, the restoration of ditches to their original condition and the reconstruction of parts of the land improvement system such that this does not entail significant changes to the general parameters of the land improvement system.
(2) To renovate a jointly used recipient maintained by the government, renovation plans are prepared. The renovation plans are subject to the requirements for building design documentation provided in ss. 7–10 of this Act.
(3) The requirements concerning the form and content of the plans for the renovation of jointly used recipients of land improvement systems are established by the minister responsible for the area.

§ 51.  Cessation of use of a land improvement system

(1) The use of a land improvement system is deemed to have ceased if the land improvement system has become obsolete, has fallen into disrepair or, for any other reason, has lost a significant proportion of its ability to function.
(2) The owner of the land improvement system submits an application to the EAB to declare the use of the land improvement system to have ceased.
[RT I 2009, 34, 224 – entry into force 01.01.2010]
(3) At the earliest opportunity, but not later than within six months from receiving the application referred to in subsection 2 of this section, the EAB conducts an on-site inspection to verify whether or not the application is justified.
[RT I 2009, 34, 224 – entry into force 01.01.2010]
(4) Within five working days from conducting the on-site inspection, the EAB makes a decision to declare or to refuse to declare the use of the land improvement system to have ceased. The decision is communicated to the owner of the land improvement system by post within three working days from its making.
[RT I 2009, 34, 224 – entry into force 01.01.2010]
(5) The use of the land improvement system is not deemed to have ceased if:
1) the ability of the land improvement system to function has not significantly decreased, or
2) it is possible to restore the land improvement system to working condition by management work.

§ 52.  Management plan for land improvement systems in a river basin

(1) In order to arrange for the performance of management work on the land improvement systems in a river basin in a manner that corresponds to the intended purpose of such work, a management plan is prepared for the land improvement systems in the river basin in accordance with the principles of the corresponding water management plan prepared under the Water Act.
[RT I, 04.03.2015, 6 – entry into force 14.03.2015]
(2) The management plan for the land improvement systems sets out, taking into account the water management plan under preparation, the measures to be applied on the land improvement systems with a view to ensuring:
1) the possibility of using the territory of the land improvement system for its zoned purpose;
2) compliance with the requirements set out in ss. 4(1) and 4(2) of this Act.
[RT I 2008, 16, 114 – entry into force 21.04.2008]
(3) The information that characterises the land improvement systems is to be shown on the map included in the management plan.
[RT I 2008, 16, 114 – entry into force 21.04.2008]
(4) The management plan for land improvement systems must clarify:
1) the actual and recommended use of the territory of the land improvement systems;
[RT I 2008, 16, 114 – entry into force 21.04.2008]
2) the condition of the government-maintained jointly used recipients;
[RT I 2008, 16, 114 – entry into force 21.04.2008]
3) in jointly used recipients that have a catchment area of at least 10 km2, the sections that are affected by the spread of nonpoint source pollution;
[RT I, 04.03.2015, 6 – entry into force 14.03.2015]
4) the amount of funding required for the performance of management work on jointly used recipients maintained by the government.
[RT I, 04.03.2015, 6 – entry into fore 14.03.2015]
(5) [Repealed – RT I, 04.03.2015, 6 – entry into force 14.03.2015]

§ 53.  Preparation of the management plan for land improvement systems in a river basin

(1) The Ministry of Agriculture arranges the preparation of management plans for land improvement systems in river basins and monitors compliance with such plans through the EAB.
[RT I 2009, 34, 224 – entry into force 01.01.2010]
(2) The preparation of management plans for land improvement systems in river basins is financed from funds allocated to the Ministry of Agriculture for this purpose from the national budget.
(3) The persons in possession of the information necessary for the preparation of management plans for land improvement systems in river basins must provide this information free of charge to the Ministry of Agriculture and the EAB.
[RT I 2009, 34, 224 – entry into force 01.01.2010]
(4) The management plan for land improvement systems in a river basin is reviewed and, where necessary, amended, at least every six years.
(5) The requirements concerning the form and content of management plans for land improvement systems in river basins are established by the minister responsible for the area.

§ 54.  Dissemination of the management plans for land improvement systems in a river basin

(1) Prior to dissemination, the management plan for land improvement systems in a river basin must be approved by the county administrations in the territory of the relevant river basin, by the Environmental Board and by the relevant local authorities. [RT I, 04.03.2015, 6 – entry into force 14.03.2015]
(2) If possible, the management plan for the land improvement systems in a river basin is disseminated together with the water management plan in the major towns of the counties, where the management plan is displayed and a public discussion of the plan is held. The management plan is displayed in public for three months.
[RT I, 04.03.2015, 6 – entry into force 14.03.2015]
(3) The beginning, duration and location of the public display and discussion of thr management plan for the land improvement systems in a river basin is announced by the EAB at least one week before the beginning of the public display and discussion in the official publication Ametlikud Teadaanded. At the same time, the announcement is also published in the county newspaper of the county that is affected by the management plan and in at least one daily newspaper of nation-wide circulation.
[RT I, 04.03.2015, 6 – entry into force 14.03.2015]
(4) The owners of immovable property located within the territory considered in the management plan for the land improvement systems in a river basin and also residents living within that territory, and other persons, are entitled to propose rectifications and additions to the plan during the period of its public display.
(5) Within two months from the end of the public display of the management plan, the EAB replies in writing to all written proposals.
[RT I 2009, 34, 224 – entry into force 01.01.2010]
(6) Having regard to the results of the public display and discussion of the management plan, the EAB makes the necessary rectifications and additions in the plan.
[RT I 2009, 34, 224 – entry into force 01.01.2010]
(7) The management plan including any rectifications and additions as referred to in subsection 6 of this section is made effective by the decree of the minister responsible for the area, and is disseminated through the website of the Ministry of Agriculture.
[RT I, 04.03.2015, 6 – entry into force 14.03.2015]
(8) [Repealed – RT I, 04.03.2015, 6 – entry into force 14.03.2015]

Chapter 7 MONITORING OF THE ENVIRONMENTAL IMPACT OF LAND IMPROVEMENT 

§ 55.  Monitoring the environmental impact of land improvement and dissemination of its results

(1) The monitoring of the environmental impact of land improvement consists in a set of measures that are applied in order to gather information on the drainage condition of drained land zoned for agricultural and forestry use, the lime requirement of agricultural land and the environmental impact of land improvement and land use.
[RT I 2009, 34, 224 – entry into force 01.01.2010]
(2) The monitoring of the environmental impact of land improvement is arranged by:
1) the EAB – in respect of the drainage condition of drained land and the environmental impact of land improvement;
2) the Agricultural Research Centre – in respect of the lime requirement of agricultural land and the environmental impact of land use.
[RT I 2009, 34, 224 – entry into force 01.01.2010]
(3) In order to monitor the environmental impact of land improvement, soil and water samples may be taken free of charge and other necessary investigations may be performed. The person performing the monitoring may carry out the necessary activities only with the consent of the possessor of the land.
[RT I 2009, 34, 224 – entry into force 01.01.2010]
(4) Samples obtained in the process of monitoring the environmental impact of land improvement may be analysed by only by persons or bodies duly accredited for such work.
(5) The costs of monitoring are covered from the funds allocated to the Ministry of Agriculture for this purpose from the national budget.
(6) The results of the monitoring are disseminated through the websites of the bodies referred to in subsection 2 of this section and may additionally be disseminated as paper publications.

Chapter 8 LAND IMPROVEMENT ASSOCIATIONS 

§ 56.  Founding a land improvement association

(1) A land improvement association (hereinafter, an 'association') is founded following the procedure provided in the Non-Profit Organisations Act in accordance with the decision of the owners of immovable property (hereinafter, the 'founders') located within the territory in which the association is to operate who own more than one third of the territory of the land improvement system or who own more than one third of the length of the jointly used recipient located within such a territory.
[RT I 2008, 16, 114 – entry into force 21.04.2008]
(2) The territory in which the association operates is a territory that contains at least one land improvement system.
[RT I 2008, 16, 114 - jõust. 21.04.2008]
(3) The founders provide written notification of their intention to found the association and of the holding of the founding meeting to the mandatory members of the association by virtue of s. 58(1) of this Act at least 10 working days before the meeting.
[RT I 2008, 16, 114 – entry into force 21.04.2008]
(4) In order for the association to be entered in the register of non-profit organisations and foundations, the registrar is to be submitted the following documents in addition to the documents required by the Non-Profit Organisations Act:
1) a map of the territory in which the association is to operate, issued by the EAB and setting out the location of the regulation network and the jointly used recipient and indicating the boundary of the catchment area;
[RT I 2009, 34, 224 – entry into force 01.01.2010]
2) a certificate issued by the EAB concerning those owners of immovable property whose property is located within the territory in which the association being founded is to operate and on whose land the regulation network or jointly used recipient is located, and information concerning the surface area of the territory of the land improvement systems and the length of the jointly used recipients located within the territory of the properties.
[RT I 2009, 34, 224 – entry into force 01.01.2010]

§ 57.  Articles of the association

In addition to what is required under the provisions of the Non-Profit Organisations Act, the articles of association must also set out:
1) the principles for the determination of members’ contributions, of the cost of management of land improvement systems and of other payments;
2) the procedure for dissemination of information concerning the association's activities;;
3) the distribution of votes at the general meeting.

§ 58.  Members of the association

(1) The mandatory members of the association are owners of immovable property whose property is located within the territory of the association and holds the land improvement system. The owner of an immovable property located within the territory in which the association operates becomes a member of the association as of the acquisition by the association of legal capacity regardless of whether or how the owner votes with regard to the founding of the association at the founding meeting of the association.
(2) The owner of an immovable property whose property does not hold the land improvement system but who gains benefit from the activities set out in the articles of the association may also become a member of the association.
(3) The owner of the immovable property is entitled to authorise, by way of written power of attorney, the owner of the right of superficies, the usufructuary, the person enjoying the personal right of use, or the person who uses the property under an agricultural lease contract or under any other legal relationship, to exercise the rights and perform the obligations that arise from membership in the association.
(4) In the event of transfer of the title to the immovable property whose owner is a member of the association by virtue of subsection 1 of this section, the person acquiring the property becomes a member of the association on the date on which the title is transferred. The successor who accepts the estate of a member of the association becomes a member of the association as of the date on which the succession opened. The former member ceases to be a member of the association on the date on which the new member assumes membership.
(5) Any person whose membership in the association is mandated by subsection 1 of this section ceases to be a member on the date on which the EAB makes a decision to declare the use of the land improvement system to have ceased.
[RT I 2009, 34, 224 – entry into force 01.01.2010]

§ 59.  The government as a member of the association

(1) The government may only participate in the association as a mandatory member.
(2) The exercise of the rights of the government as a member of the association and the representation of the government in the association are subject to the provisions of the State Assets Act.
[RT I 2009, 57, 381 – entry into force 01.01.2010]

§ 60.  Members’ share

(1) The share of mandatory members of the association in the association’s property is proportional to:
1) the surface area of the territory of the land improvement system located on the immovable property of the member, unless a jointly used recipient is situated on the property;
2) the length of the jointly used recipient located on the immovable property of the member, unless a regulating network is situated on the property;
3) in the case that both the regulating network and jointly used recipient are situated on the immovable property of the member, the surface area of the territory of the land improvement system and the length of the jointly used recipient located on the property.
[RT I 2008, 16, 114 – entry into force 21.04.2008]
(2) If the regulating network is located on the immovable property of all mandatory members, the share of a member of the association in the association’s property may be proportional to the surface area of the territory of the land improvement system located on the property of the member.
[RT I 2008, 16, 114 – entry into force 21.04.2008]
(3) The method of calculating the amount of the members’ share, the procedure for the payment of the share and the time-limit of payment are set out in the association's articles.
[RT I 2008, 16, 114 – entry into force 21.04.2008]
(4) The amount of the share is determined by the general meeting on equal grounds for all mandatory members. If no land improvement system is located on a member's immovable property, the member's share is decided by the general meeting according to the method provided in the association's articles.
[RT I 2008, 16, 114 – entry into force 21.04.2008]
(5) A member of the association pays the share following the procedure and by the time stated in the association's articles.
[RT I 2008, 16, 114 – entry into force 21.04.2008]
(6) In the event of the transfer or succession of the title to a registered immovables, including transfer in enforcement or bankruptcy proceedings, the person acquiring the registered immovable pays the association for such costs of the management of land improvement system and other due payments which were not paid by the person transferring or bequeathing the title. With regard to such payments and costs, the person acquiring the registered immovable will have the right of recourse against the person transferring the title.
[RT I 2008, 16, 114 – entry into force 21.04.2008]

§ 61.  Costs of the management of land improvement systems

(1) For the purposes of this Act, the costs of the management of land improvement systems are the costs the association needs to bear in order to manage the land improvement systems.
(2) In order to determine the costs of the management of land improvement systems for each year of operation of the association, the management board of the association prepares an annual plan that is based on the management plan for the land improvement systems in the river basin.
(3) The amount and term for the payment of the annual contribution payable by the members of the association towards the costs of the management of land improvement systems is determined by the general meeting of the association. Advance payment may be required to cover the costs.
(4) The management board of the association is authorised, starting from the first day of the month that follows that of the due date of payment, to demand from any owner of immovable property who is late in making the payment late interest in the amount of up to 0.07 percent on any outstanding sums for each calendar day delayed.

§ 611.  Annual report

The land improvement association submits its annual report following ss. 36(5) and 78(3) of the Non-Profit Organisations Act without setting out the information concerning its principal area of activity.
[RT I 2009, 54, 363 – entry into force 01.01.2010]

§ 62.  Participation in the association's general meeting

Each member of the association or a representative of the member who holds a written power of attorney may participate and vote in the general meeting.

§ 63.  Restriction of the right to vote

(1) Each member of the association has one vote at the general meeting of the association. Depending on the number of immovable property units belonging to a member of the association or on the surface area of the land improvement system's territory owned by the member and the length of the jointly used recipient located on the member's property, a different number of votes may be allocated in the articles of association, whilst taking into account that no single member of the association who participates in the general meeting may have more than two-fifths of the total number of votes.
[RT I 2008, 16, 114 – entry into force 21.04.2008]
(2) If an immovable property unit is jointly owned by several persons, these persons have a joint vote or joint votes.
[RT I 2008, 16, 114 – entry into force 21.04.2008]

§ 631.  Winding up the association

In addition to the cases provided in the Non-Profit Organisations Act, the association is also wound up when the use of the land improvement system ceases in accordance with this Act.
[RT I 2008, 16, 114 – entry into force 21.04.2008]

Chapter 9 STATE AND ADMINISTRATIVE SUPERVISION 
[RT I, 04.03.2015, 6 - entry into force 14.03.2015]

§ 64.  State and administrative supervision

[RT I, 04.03.2015, 6 – entry into force 14.03.2015]
State and administrative supervision over compliance with the requirements provided in this Act and in the legislation enacted under it are exercised by the EAB (hereinafter, the 'law enforcement agency').
[RT I, 04.03.2015, 6 - jõust. 14.03.2015]

§ 65.  Measures of state supervision

[RT I, 13.03.2014, 4 – entry into force 01.07.2014]
The law enforcement agency may apply special measures of state supervision provided in ss. 30, 32, 49, 50 and 51 of the Law Enforcement Act in order to perform state supervision as provided in this Act on the grounds established and following the procedure provided in the Law Enforcement Act.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]

§ 651.  Special rules governing state supervision

(1) The law enforcement agency may, in the course of state supervision, open a covered structure.
(2) Samples obtained in the course of state supervision may only be analysed by persons or bodies duly accredited for such work.
(3) Any expert assessment ordered in the course of state supervision may be performed by person practising in the area of activity referred to in s. 27(1)(4) of this Act, provided that person has not previously performed the expert assessment of the same building design documentation or land improvement system.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]
§ 66. – § 70. [Repealed – RT I, 13.03.2014, 4 – entry into force 01.07.2014]

§ 71.  Dissemination of the results of state supervision

[RT I, 13.03.2014, 4 – entry into force 01.07.2014]
The results of state supervision are disseminated through the website of the EAB.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014

Chapter 10 LIABILITY 

§ 72.  Violation of technical requirements for building land improvement systems

Violation by the builder of technical requirements for building land improvement systems where this causes the land improvement system to function in a manner that does not conform to the requirements is punishable by a fine of up to 3200 euros.
[RT I 2010, 22, 108 – entry into force 01.01.2011]

§ 73.  Failure to perform the obligations related to the building of a land improvement system

(1) The building of a land improvement system by the owner of the system without a building permit or not adhering to the building design documentation system, or violation of the requirements of owner supervision is punishable by a fine of up to 300 fine units.
(2) The same act, when committed by a legal person, is punishable by a fine of up to 3200 euros.
[RT I 2010, 22, 108 – entry into force 01.01.2011]

§ 74.  The carrying out by the land improvement association of owner supervision by means of a person who fails to meet the established requirements

The carrying out by the land improvement association of owner supervision by means of a person who fails to meet the established requirements is punishable by a fine of up to 3200 euros.
[RT I 2010, 22, 108 – entry into force 01.01.2011]

§ 75.  Violation of requirements for the management of land improvement systems or the bringing of a land improvement system or part thereof into disrepair

(1) Violation of the requirements for the management of land improvement systems or any activity that has brought a land improvement system or a part thereof into disrepair is punishable by a fine of up to 200 fine units.
(2) The same act, when committed by a legal person, is punishable by a fine of up to 2000 euros.
[RT I 2010, 22, 108 – entry into force 01.01.2011]

§ 751.  Violation of the requirement to obtain the approval referred to in ss. 47 and 48 of this Act

(1) Violation of the requirement to obtain the approval referred to in ss. 47 and 48 of this Act is punishable by a fine of up to 200 fine units.
(2) The same act, when committed by a legal person, is punishable by a fine of up to 2000 euros.
[RT I 2010, 22, 108 – entry into force 01.01.2011]

§ 76.  Procedure

(1) [Repealed – RT I, 12.07.2014, 1 – entry into force 01.01.2015]
(2) Extrajudicial proceedings concerning the misdemeanours defined in ss. 72–751 of this Act are conducted by the Estonian Agricultural Board.
[RT I 2009, 34, 224 – entry into force 01.01.2010]

Chapter 11 IMPLEMENTATION OF THIS ACT 

§ 77.  Requirements for existing land improvement systems

(1) Land improvement systems built prior to the entry into force of this Act do not need to conform to the requirements established in this Act for land improvement systems, yet the regulation networks of such land improvement systems must ensure that the soil water regime is suitable for crop husbandry and the artificial recipients of such systems must ensure the outflow of excess water from the drainage network or a sufficient inflow of water to the irrigation network.
[RT I 2008, 16, 114 – entry into force 21.04.2008]
(2) If the EAB lacks the information required for the entry in the register of land improvement systems of a land improvement system described in subsection 1 of this section, the owner must arrange the preparation of measurement drawings (hereinafter, the ʻC0#3Fmeasurement drawings’) in respect of the land improvement system.
[RT I 2009, 34, 224 – entry into force 01.01.2010]
(3) Measurement drawings may be prepared by an undertaking named in s. 27 of this Act who is engaged in land improvement site investigations, expert assessment or design of land improvement systems, or by a person who meets the requirements set out in s. 28(2) of this Act or who holds an authorisation for surveying work.
[RT I 2008, 16, 114 – entry into force 21.04.2008]
(4) Measurement drawings must show:
1) the buildings and civil engineering works of the land improvement system;
2) the boundaries of the territory of the land improvement system and the length of the artificial recipient;
3) the boundary of the cadastral unit and the cadastral code;
4) the scale of the map;
5) the north-south symbol;
6) the name, position and signature of the person who prepared the measurement drawings;
7) the legend.
[RT I 2008, 16, 114 – entry into force 21.04.2008]
(5) If the land improvement system in respect of which measurement drawings have been prepared complies with the requirements specified in subsection 1 of this section or if the land improvement system can be brought into compliance with the requirements by management or reconstruction work, the EAB approves the measurement drawings and transmits the information to be entered in the register of land improvement systems to the digital database of the register within five working days.
[RT I 2009, 34, 224 – entry into force 01.01.2010]

§ 771.  Grounds for refusing to approve the measurement drawings of a land improvement system

The measurement drawings of a land improvement system are refused approval:
1) if they have been prepared by a person not named in s. 77(3) of this Act;
2) if they fail to show the information required in s. 77(4) of this Act;
3) if the land improvement system fails to comply with the requirements set out in s. 77(1) of this Act regardless of the envisaged management or reconstruction work;
4) in any other cases provided by law.
[RT I 2008, 16, 114 – entry into force 21.04.2008]

§ 78.  Requirements for land improvement systems which are being built

(1) If the building of a land improvement system commenced prior to the entry into force of this Act, building work may be completed in accordance with the requirements valid at that time. The land improvement system must, however, comply with the requirements set out in subsections 1 and 2 of section 4 of this Act.
(2) The memorandum concerning the commissioning of the land improvement system referred to in subsection 1 of this section is prepared and approved following the procedure established in this Act. In order to decide on the approval of the memorandum concerning the commissioning of the land improvement system, the EAB must verify whether the land improvement system has been built in accordance with the requirements valid before the entry into force of this Act and whether the land improvement system complies with the requirements provided in subsections 1 and 2 of section 4 of this Act.
[RT I 2009, 34, 224 – entry into force 01.01.2010]

§ 79.  Warranty

The provisions of s. 25 of this Act do not apply to land improvement systems that were completed or the building of which commenced before the entry into force of this Act.
§ 80. – § 81. [Repealed – RT I 2008, 16, 114 – entry into force 21.04.2008]

§ 82.  Preparation of management plans for the land improvement systems in river basins

(1) Management plans for land improvement systems in river basins that conform to the requirements set out in s. 52 of this Act must be adopted by directive of the minister responsible for the area by 22 December 2015 at the latest.
[RT I, 04.03.2015, 6 – entry into force 14.03.2015]
(2) Any management plans for the land improvement systems in a river basin previously in force remains in force until the adoption of the management plan named in subsection 1 of this section,
[RT I, 04.03.2015, 6 – entry into force 14.03.2015]

§ 83.  Recognition of existing land improvement associations

(1) Any non-profit organisation that was founded prior to the entry into force of this Act whose articles of association list the management of land improvement systems as one of its objects and that wishes to continue its operation as a land improvement association under this Act must, not later than by 1 July 2006, bring its articles of association into conformity with the requirements for the articles of association of land improvement associations provided in this Act.
(2) In any association referred to in subsection 1 of this section in which the participation of the government is mandatory under this Act, The Government of the Republic appoints, within three months after the articles of association have been brought into conformity with this Act, the ministry or county administration to exercise the rights of the government as a member of the association.
[RT I 2005, 37, 284 – entry into force 01.07.2005]

§ 84.  Handing over as-built drawings of the land improvement system to the owner

(1) [Repealed – RT I 2009, 34, 224 – entry into force 01.01.2010]
(2) The Ministry of Agriculture arranges via the EAB and at the request of the recipient, the delivery of a copy of the as-built drawings of land improvement systems to the owners or possessors of such systems or to any other entitled party. The copy of as-built drawings is handed over free of charge.
[RT I 2009, 34, 224 – entry into force 01.01.2010]
(3) The copy of the as-built drawings issued must show:
1) the important buildings and civil engineering works of the land improvement system;
2) the boundary of the cadastral unit and the cadastral code;
3) the scale of the map;
4) the north-south symbol;
5) name, position and signature of the person who made the copy.
(4) A legend of the symbols used is included with the as-built drawings.
[RT I 2008, 16, 114 – entry into force 21.04.2008]

§ 85.  Retention of land improvement systems in government ownership, and land improvement systems still in government ownership

(1) If land is retained in government ownership, the Ministry of Agriculture arranges the transfer of the documents concerning the corresponding land improvement systems to the relevant administrator of state assets.
(2) With respect to land improvement systems located on the land referred to in section 31(2) of the Land Reform Act, the rights of the administrator of state assets are exercised and the obligations of the administrator of state assets are performed by the relevant county administration, unless another government agency has been appointed by the Government of the Republic to perform these tasks.

§ 86.  Application of this Act to holders of the right to use land

The rights and obligations of owners of immovable property units provided in this Act also extend to holders of the right to use land that arose prior to 1 November 1991.
§ 87. – § 90. [Omitted from this version.]

§ 91.  Entry into force of this Act

This Act enters into force on 1 July 2003, except for Chapter 5 which enters into force on 1 July 2004.
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