Regulation Amending The Environmental Impact Assessment Regulation Was Published

The Regulation Amending the Environmental Impact Assessment Regulation (“Regulation”) (“Amendment Regulation

Through the Amendment Regulation, various provisions regarding the Environmental Impact Assessment (“EIA”) process have been revised in order to ensure the more effective implementation of EIA procedures, to update application and evaluation mechanisms, and to address practical needs arising in implementation. Within this framework, certain procedures relating to the evaluation of project applications and the conduct of relevant administrative processes have been reorganized, and it has been aimed to eliminate uncertainties encountered in practice.

Changes in the EIA Decision System

Under the Amendment Regulation, changes have been introduced to the system of decisions issued within the EIA process. In this context, the decision titled “EIA Not Required,” previously included in the Regulation, has been removed. Following this amendment, it has been adopted that projects assessed within this scope shall also be granted an “EIA Positive” decision where deemed appropriate.In addition, the expression “EIA is Required,” contained in the Regulation, has been replaced with “An EIA Report Must Be Prepared.” Accordingly, the manner in which decisions issued during the EIA process are expressed has been reorganized within the text of the Regulation.

Furthermore, the Amendment Regulation has also revised provisions concerning the Ministry’s decision-making powers in the conduct of administrative procedures within the EIA process, as well as the limits of authority that may be delegated to provincial directorates. In this context, the scope of the powers that may be exercised by the Ministry and those that may be delegated to provincial directorates in relation to certain procedures carried out within the EIA process has been redefined within the framework of the Regulation.

Project Evaluation Mechanism

With the new regulation, certain stages concerning project evaluation within the EIA process have been updated, and the mechanism for obtaining the opinions of institutions and organizations involved in the evaluation process has been placed within a more systematic framework. In this manner, it is aimed to strengthen administrative coordination within project evaluation processes.

Within the scope of the Amendment Regulation, the use of the Online EIA Process Management System in the conduct of EIA procedures has also been regulated. Accordingly, provisions requiring that data entries related to the EIA process and certain procedural actions be carried out through the said system have been incorporated into the text of the Regulation.

Public Participation and Commission Processes

Through the Amendment Regulation, certain provisions concerning public information meetings and meetings of the review and evaluation commission have also been updated.

Within this scope, provisions regarding the obligation to attend such meetings have been reorganized, and provisions concerning the termination of the EIA process in the event that participation in such meetings is not ensured have been added to the text of the Regulation.

Application and Review Processes

The Amendment Regulation has also revised certain procedures concerning the application processes of project owners and the stages of review and evaluation. In this context, regulations have been introduced with the aim of ensuring that application and review processes are conducted in a more efficient and expeditious manner.

The Amendment Regulation includes various updates aimed at ensuring that environmental impact assessment processes are carried out in a more effective and coordinated manner, and seeks to restructure application and evaluation mechanisms in line with needs that have emerged in practice.

You can access the full text of the Amendment Regulation via this link. (Only available in Turkish)

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