FINLAND Law and Practice Contributed by: Kari Marttinen, Laura Leino, Outi Iso-Markku and Aino Lahti-Nuuttila, Erottaja Attorneys Ltd
servation Act, as well as the Water Act and the Forest Act (No 1093/1996) ( metsälaki ). The protection provi- sions can directly concern species – for example, by prohibiting the deliberate disturbance of the protected animals or by prohibiting the picking and destruction of a protected plant species. In addition, the protec- tion provision can also concern the habitats of the protected species by prohibiting the deterioration and destruction of a habitat important for the survival of a species under strict protection or of breeding sites and resting places used by specimens of certain ani- mal species, for example. Besides the above-mentioned protection provisions for species, certain areas (national parks, nature reserves, landscape management areas, certain nat- ural habitats, areas included in the EU Natura 2000 network) are subject to protection. The content of the protection provisions differs based on the legal basis of the protection and also on a case-by-case basis. 3.2 Breaching Protections Breaching the protection provisions under the Nature Conservation Act might lead to a prohibition on con- tinuing or repeating the offence or instance of negli- gence. One can also be required to correct the unlaw- ful situation or redress the negligence under threat of penalty or suspension. In addition, the penalty for causing damage to the environment – or for any other nature conservation offence – is laid down in the Crim- inal Code (No 39/1889) ( rikoslaki ). Please also see 5.1 Key Types of Liability and 12.4 Proceedings Against Polluters . 4. Environmental Incidents and Permits 4.1 Investigative and Access Powers Pursuant to the Environmental Protection Act, rele- vant authorities have the power to obtain information from authorities and operators of a site suspected of engaging in contaminating activities, for example – even if such disclosure may conflict with confidenti- ality obligations. The authority may also gain access to the site where the suspected contaminating activi- ties have occurred and take measurements and soil samples.
The right of access is not subject to challenge, nor is consent of the involved parties required. However, according to the Administrative Procedure Act (No 434/2003) ( hallintolaki ), as a general rule the authorities are obligated to give prior notification of an upcoming inspection on a site or property. Any investigations involving criminal liability are carried out by the police. 4.2 Environmental Permits/Approvals Pursuant to the Environmental Protection Act, an envi- ronmental permit is required for activities that involve a risk of environmental pollution. The operations requiring an environmental permit are listed in Annex 1 of the Environmental Protection Act, which covers both the installations covered by the EU’s Industrial Emissions Directive (2010/75/EU, as amended) (IED) and installations subject to permits under the nation- al legislation. In addition, an environmental permit is required for activities that may cause pollution of a water body, for conveying waste water that may lead to the pollution of a ditch, spring or streamlet, and for activities that may place an unreasonable burden on the surroundings. Lighter registration and notification procedures are applicable with regard to some minor operations listed in Annexes 2 and 4 of the Environ- mental Protection Act. An environmental permit must be applied for in accord- ance with the Environmental Protection Act. The per- mit consideration is based solely on judicial discre- tion, meaning that the environmental permit must be granted to the operator if the requirements set out in the Environmental Protection Act are fulfilled. Rejection of a permit application or a permit decision and individual permit regulations may be appealed against. Further, the parties affected by the activity (permit applicants, neighbours and other concerned persons), environmental NGOs and those who may be affected by the operations also have a right to appeal. The first appellate instance is the Administrative Court of Vaasa and the second and final instance is the Supreme Administrative Court. However, it should be noted that the right to appeal to the Supreme Admin- istrative Court in environmental cases is subject to a requirement of leave to appeal, which is granted under the Administrative Judicial Procedure Act (No
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