Water body-related claims
- Nationwide except the Åland Islands
- Public service
The AVI’s permit consideration involves the examination of water body-related damages and losses of benefit caused by actions performed under a permit and, where necessary, the imposition of compensations without a request from the party suffering damage. Compensation for damages caused by actions not falling under a permit may be applied for in connection with the processing of the permit applica ...
Do the following
The permit authority imposes compensations in connection with the permit process even without claims if it considers the activity performed under the permit to cause damages or losses of benefit. However, a party involved shall have the opportunity to submit their own claim for compensation to the authority handling the matter in connection with the permit process. It is recommendable to deliver the claim to the permit authority in connection with the application announcing procedure when the party involved has been provided the opportunity to submit objections.
If the matter concerns a claim not processed in connection with the permit application, submit a separate claim for compensation to the AVI. It is recommendable to find out in advance whether it is possible to agree on a compensation with the party responsible for the project or with the operator.
In addition to your basic information, your claim for compensation shall state
- the basis on which you are involved in the matter (e.g. property information)
- the project or activity which the claim concerns (any permit information)
- the exact sum of the compensation claimed and what it consists of (time and date of causing the damage, type of damage) and
- justification for the claim for compensation.
Please note that in connection with claims under the Water Act, the compensation imposed may, in some cases, be a measure instead of a monetary compensation.
To whom and on what terms
Generally, the right to receive compensation under the Water Act or the Environmental Protection Act is based on the ownership of land or water areas. In certain cases, compensations may be imposed on the basis of general use of the water body. However, only parties involved may receive compensations, and only the party suffering damage shall have the right to speak.
Compensations are regulated under Chapter 13 of the Water Act and Chapter 13 of the Environmental Protection Act. The regulations contain descriptions on the types of damages and compensable losses of benefit as well as other applicable legislation (Act on Compensation of Environmental Damage 737/1994, Tort Liability Act 412/1974, Act on the Redemption of Immoveable Property and Special Rights 603/1977).
Under the Water Act, compensations have been imposed on the basis of, for example, establishing rights of use, damages to fishery, hindrance to recreational use and damage caused by waterlogging. Environmental permit matters concerning the pollution of water bodies have typically involved, in particular, impacts on fish stock and fishing as well as on recreational use or use for water supply purposes. However, the aim is to primarily prevent losses of benefit and damages through permit regulations. Thus, the imposition of compensations is becoming more infrequent.
Environmental Protection Act