Successfully represented our client in a dispute over Tallinn’s refusal to approve a geological survey permit

RASK successfully represented its client in a legal dispute concerning the Tallinn Urban Environment and Public Works Department’s refusal to approve a geological survey permit.

The litigation focused on two main issues: 1) whether the local government can withdraw previously granted consent, and 2) the grounds on which a local government may refuse approval for a geological survey permit.

The court found that, although the previous consent withdrawal was not formally illegal, the Tallinn Urban Environment and Public Works Department acted unlawfully in assigning undue importance to factors that are primarily relevant to mining permit approvals rather than to geological survey permits. In refusing the permit, the Department misused its discretionary powers.

The court clarified that the purpose of the geological survey permit approval process is not to preemptively block future mining permits. Instead, its primary aim is to assess whether the survey and associated activities will have negative impacts on the local government, community and environment that would outweigh the applicant’s right to conduct the survey.

When exercising discretion and forming an opinion, the local government must distinguish between consent for an exploration permit and a mining permit, as each carries different purposes and consequences for municipal, community, environmental and social interests. An exploration permit does not lead to mining and its associated impacts to the local government and community; it solely enables surveys to gather information on mineral resources.

In conclusion, the court deemed the Department’s rejection unlawful and ordered the city of Tallinn to reconsider the client’s survey permit application.