The Regulation on Environmental Permit and License ("the
New Regulation") is published on the Official
Gazette dated 10 September 2014 and numbered 29115. The New
Regulation will enter into force on 1 November 2014 and the
"Regulation on Permits and Licenses regarding the
Environmental Law" ("the Former
Regulation") published on the Official Gazette dated
29 April 2009 and numbered 27214 will be abolished.
The purpose of the New Regulation is to clarify the processes
and procedures of the application for the certificates, permits and
licenses, to overcome the problems in practice causing delays in
implementation of the projects and financial loss of the project
investors and the operators, to introduce a consolidated, common
and clear practice. The main issues regulated under the New
Regulation are as follows;
The application, issuance and cancellation procedure for the
"temporary activities certificate"1, which is
a pre-condition for issuance of the "environmental
permit" or "environmental permit and
license",2 are stipulated in detail by the New
The New Regulation introduces significant sanctions such as the
cancellation of the temporary activities certificate, environmental
permit or environmental permit and license and the suspension of
the facility's operation for 90 (ninety) days upon any
misinformation or misstatement regarding the documents provided by
the license applicant; whereas any permit and/or license with
regard to a cancelled application shall be subject to ascending
Upon the change of the owner or the title of the facility, the
New Regulation increases the documentary compliance burden such as
the request to provide the Trade Registry Gazette concerning the
change, the capacity report and introduces new application
requirements e.g. a letter of undertaking declaring that the
facility will comply with the current environment permit or
environment permit and license.
A temporary facility which is engaged in activities for less
than a year will not be subject to any environment permits/licenses
upon meeting the specified conditions, whereas the provision of the
Former Regulation regarding the re-initiation of the permit/license
application due to the nonoperation of the facility for three years
is not indicated within the New Regulation.
As per the New Regulation, temporary activity certificates may
be executed electronically for one year, whereas the environmental
permits or environmental permits and licenses may be executed
electronically for five years and may be renewed upon the
application at least 180 days before the expiration date of such
permit or license.
The above-mentioned certificates, permits and licenses issued
within the scope of the Former Regulation will remain valid until
the expiration of such document. Any applications filed before the
enforcement date of New Regulation shall be subject to the
legislation which is in force at the date of application.
1 A Temporary activities certificate is required for the
temporary activities of the facility prior to the issuance of the
environmental permit and environmental permit and license. The
facilities should obtain a permit or a permit and license within
one year following the issuance of the certificate. The applicant
must finalize the actual application process for the issuance of
the Permit or Permit and License within one hundred and eighty
(180) days following the issuance of the temporary activities
2 There are two types of permits set under New
Regulation, namely (i) environmental permit (çevre izni) and
(ii) environmental permit and license (çevre izni ve
lisansı). Environmental permit covers the air emission,
environmental noise, deep sea discharge and hazardous waste
discharge whereas environment license additionally signifies the
technical sufficiency of the related facility.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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