contrary to the environmental legislation to bring those non-compliant parties to
compliance. As well as administrative measures, some other judicial fines can also
be applied in line with Art. 26 of the Environment Act, but they will not be
analysed or elaborated on here.
6.5.1 Administrative Fines
According to the Environment Act (Art. 3(g)), the polluter – the individuals and
legal entities causing direct or indirect environmental pollution because of their
activities (Art. 2, Environment Act) – should pay all the costs concerning the
prevention, limiting and cleaning up of pollution and of improving the environment
by combating pollution.
All the necessary expenditure of public institutions and agencies arising from the
polluter’s failure to take the necessary measures to cease, eliminate or decrease the
pollution or degradation, or from the direct action of the authorized public institutions and agencies taking those measures, are collected from the polluter, pursuant to the Act on the Collection of Public Receivables, No. 6183.
There are various administrative fine categories under Art. 20(a-y). In each
category, the fines vary depending on the nature of the violation, such as discharging any type of substances into the air, water or soil, or storing, transporting
and removing any type of waste and residues in a manner detrimental to the
environment. If the violation is not clearly listed under these categories, it is necessary to interpret the regulations concerned to determine the applicable fines.
Administrative fines imposed because the violation of the related environmental
regulations has been identified in different sectors, such as air, waste, water, and
also in the EIA, are applied pursuant to the Communiqué on Administrative Fines
updated every year.
6
If the acts necessitating administrative fines recur within three years, the administrative fines indicated in the Environment Act are doubled on the second and
subsequent occasions (Art. 23, Environment Act).
The key authority which decides on these fines is the Ministry, but in line with
Article 12, Environment Act, other institutions granted the authority to conduct
inspections can also use the same power as the Ministry. It is again used by the
Directorate Generals in the central organization of the Ministry, and by Provincial
Directors in the local organization (Art. 24, Environment Act).
6
For the recent Communiqué on Administrative Fines (2019/1), see at: http://www.resmigazete.
gov.tr/eskiler/2018/12/20181231-6.htm.
6 Instruments of Environmental Compliance
107
compliance. As well as administrative measures, some other judicial fines can also
be applied in line with Art. 26 of the Environment Act, but they will not be
analysed or elaborated on here.
6.5.1 Administrative Fines
According to the Environment Act (Art. 3(g)), the polluter – the individuals and
legal entities causing direct or indirect environmental pollution because of their
activities (Art. 2, Environment Act) – should pay all the costs concerning the
prevention, limiting and cleaning up of pollution and of improving the environment
by combating pollution.
All the necessary expenditure of public institutions and agencies arising from the
polluter’s failure to take the necessary measures to cease, eliminate or decrease the
pollution or degradation, or from the direct action of the authorized public institutions and agencies taking those measures, are collected from the polluter, pursuant to the Act on the Collection of Public Receivables, No. 6183.
There are various administrative fine categories under Art. 20(a-y). In each
category, the fines vary depending on the nature of the violation, such as discharging any type of substances into the air, water or soil, or storing, transporting
and removing any type of waste and residues in a manner detrimental to the
environment. If the violation is not clearly listed under these categories, it is necessary to interpret the regulations concerned to determine the applicable fines.
Administrative fines imposed because the violation of the related environmental
regulations has been identified in different sectors, such as air, waste, water, and
also in the EIA, are applied pursuant to the Communiqué on Administrative Fines
updated every year.
6
If the acts necessitating administrative fines recur within three years, the administrative fines indicated in the Environment Act are doubled on the second and
subsequent occasions (Art. 23, Environment Act).
The key authority which decides on these fines is the Ministry, but in line with
Article 12, Environment Act, other institutions granted the authority to conduct
inspections can also use the same power as the Ministry. It is again used by the
Directorate Generals in the central organization of the Ministry, and by Provincial
Directors in the local organization (Art. 24, Environment Act).
6
For the recent Communiqué on Administrative Fines (2019/1), see at: http://www.resmigazete.
gov.tr/eskiler/2018/12/20181231-6.htm.
6 Instruments of Environmental Compliance
107