Legal aspects related to the effect of underground mining close to the site entered into the list of potential Natura 2000 network areas

Abstract Wetlands have a significant influence on the hydrological cycle and also contain an important part of Europe's biodiversity. Despite their importance, wetlands are disappearing or being polluted at an alarming rate and are among Europe's most threatened ecosystems. Therefore, wetlands are protected through Natura 2000 network and the other legislative instruments, with the aim to assure the long-term survival of Europe's most threatened species and habitats. Developments affect the adjacent wetlands mostly through changes in water balance of the area. Current study represents the case from Estonia, where the expansion of underground mining and continuous mine water removal is threatening the Selisoo bog's natural water balance. The situation is complicated with the circumstances that the Selisoo bog's area is entered into the list of potential Natura 2000 network areas, but is not yet legally protected under Estonian national law. The main subject of discussion has been whether the properties of geological layers are sufficient to keep wetland from draining when an underground mine reaches under the wetland. Comparison of the situation in Estonia with relevant EU court cases suggests that when dealing with activities close to Natura sites, one has to consider that protection must actually commence as soon as the area is suggested for the Natura 2000 network and that restrictions associated with the protection of Natura sites have no fixed boundaries. If potential significant impacts on Natura sites have been shown by scientific research results, ecological interests held by the Habitats Directive could be ruled out by only by exceptional reasons of overriding public interest.