ARTICLE
17 August 2015

Turkey Clarifies Environmental Impact Assessment (EIA) Requirements For Adjacent Unlicensed Solar Farms And Mining Capacity Increases

EA
Esin Attorney Partnership

Contributor

Esin Attorney Partnership  logo
Esin Attorney Partnership, a member firm of Baker & McKenzie International, has long been a leading provider of legal services in the Turkish market. We have a total of nearly 140 staff, including over 90 lawyers, serving some of the largest Turkish and multinational corporations. Our clients benefit from on-the-ground assistance that reflects a deep understanding of the country's legal, regulatory and commercial practices, while also having access to the full-service, international and foreign law advice of the world's leading global law firm. We help our clients capture and optimize opportunities in Turkey's dynamic market, including the key growth areas of mergers and acquisitions, infrastructure development, private equity and real estate. In addition, we are one of the few firms that can offer services in areas such as compliance, tax, employment, and competition law — vital for companies doing business in Turkey.
On April 8, 2015, the Ministry of Environment and Urban Affairs issued a circular clarifying the circumstances under which an EIA is required under its December 2014 regulation (the "EIA Regulation") for unlicensed solar farms (solar farms with an installed capacity of less than 1 MW) and mining project capacity increases.
Turkey Energy and Natural Resources

Recent development

On April 8, 2015, the Ministry of Environment and Urban Affairs issued a circular clarifying the circumstances under which an EIA is required under its December 2014 regulation (the "EIA Regulation") for unlicensed solar farms (solar farms with an installed capacity of less than 1 MW) and mining project capacity increases.

What's new

Under the EIA Regulation, solar power plants with an installed capacity of less than 1 MW are exempt from preparing an EIA. To prevent abuse of the regulation, the circular clarifies that, if the same investor owns multiple unlicensed solar power plants on the same or adjacent (bitişik nizam) parcels of land, the total installed capacity must be considered. If the total installed capacity of the plants is 10 MW or less, the plants are collectively subject to an EIA evaluation; if the total installed capacity exceeds 10 MW, an EIA approval is required.

The circular also clarifies capacity increases in the mining industry, providing that (i) an increase in production, (ii) an increase in explosive use, or (iii) an expansion of an exploration license area, is a capacity increase subject to EIA assessment.

Impact of the changes

Multiple unlicensed solar power plants in the same area are now regarded as a single project for EIA purposes. This is significant as the construction of multiple unlicensed power plants on adjacent parcels is increasing. The change also highlights the contrasting approaches of the Ministry of Environment and the Energy Market Regulatory Authority (EMRA), which treats adjacent projects separately.

Previously, the EIA requirements for capacity increases were applied inconsistently. In some cases, for example, the local administration of the Ministry of Environment approved applications that only included the environmental impact of the capacity increase (without considering the entire project). These discrepancies have been eliminated.

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.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More