A time limit of one year has been introduced for the additional
period which can be granted to project owners in Turkey to rectify
failures to fulfill requirements and undertakings under the
Environmental Impact Assessment ("EIA")
process. Also, an ongoing review requirement is introduced for
organizations authorized by the Ministry of Environment and Urban
Planning who must now provide an update report at certain interval
regarding the status of certain projects. The Regulation Amending
the Regulation on Environmental Impact Assessment
("Amendment Regulation") was published
in Official Gazette number 29619 on 9 February 2016, entering into
force on the same date.
Significant changes introduced by the Amendment Regulation
If the Ministry of Environment and Urban Planning
("Ministry") finds that a project owner
does not fulfill its requirements under the EIA Report or Project
Identification File upon obtaining an "affirmative EIA
report" or receiving an "EIA is not
required" decision, the Ministry can grant additional
time to fulfill these requirements. The Amendment Regulation limits
this period to one year maximum. Only one such extension is
permitted. If undertakings are not fulfilled within the additional
time, the investment will be ceased.
The definition of "organizations authorized by the
Ministry of Environment and Urban Planning" has changed.
At certain intervals, these organizations must review the
compliance of the project owners with their obligations under their
"affirmative EIA report" and inform the Ministry
about the developments in the projects within their construction
Related municipalities and headmen will make loudspeaker
announcements about the EIA process for prospective projects at the
place(s) where the potentially affected persons live.
A written announcement about a prospective project's EIA
process must be put on the wall of the building of the related
municipality, headman or village council, located at the place(s)
where the persons which will/might be affected by such
The Article 24(1)(f) in relation to capacity increases has been
cancelled. A new Article 27/A has been introduced. The new article
states that a communiqué will be issued to determine
procedures and principles in relation to extensions and capacity
increases for projects which have been granted an affirmative EIA
report or received an "EIA is not required"
Please see this link for full text of the Amendment
Regulation (only available in Turkish).
Information first published in the
MA | Gazette, a fortnightly legal update newsletter produced by
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