It was comprehensively amended in 2006 through the Act on the Amendment of
the Environment Act (No. 5491). This amendment was specifically designed to
harmonize existing regulations with European Union (EU) standards, improve
implementation, compliance and enforcement, and thus overcome the challenges
encountered in the environmental field.
1
The Act is divided into six sub-sections: (1) Objective, Definitions and
Principles, (2) High Environment Board and Its Tasks, (3) Precautions and
Prohibitions Regarding Environmental Protection, (4) Fund for the Prevention of
Environmental Pollution, (5) Criminal Provisions, (6) Miscellaneous Provisions.
Complementary to the Environment Act determining fundamental principles
regarding the subject, several regulations (by-laws, circulars, communiqués etc.) on
diverse aspects of the environment (such as the prevention of pollution, environmental impact assessment, air quality protection, air pollution control and water
pollution control) have also been issued and enacted over the years.
2
Because these regulations involve specific rules and procedures and other details
which clarify and elaborate the requirements and commitments set forth in the
Environment Act, they are also quite important for ensuring implementation,
compliance and enforcement.
In addition to the Environment Act and relevant regulations, there is also other
legislation relating to public or private law, or both, involving provisions directly or
indirectly related to environmental issues under Turkish Environmental Law. Given
the proliferation of legislation through the harmonization process within the EU
accession negotiations, the scope of the legislation has become more vast and
complicated, and includes many different issues intertwined with various sectors.
Such a wide scope of legislation, forming a very complex and comprehensive field,
increases the difficulty of understanding the general structure of Turkish environmental law. Therefore, it is necessary to create a neat framework to provide an
updated review and assessment of its general principles and norms.
In this chapter, the aim is to analyse how environmental issues are regulated in
the context of the Turkish legal system under its different branches. In this respect,
touching upon both private law (civil law, obligations law) and public law (constitutional law, international law, administrative law, criminal law), a general
assessment will be made of Turkish Environmental Law.
1
In December 2018, the Environment Act (No. 2872) was amended to include new provisions on
the protection of the environment, the prevention and elimination of environmental pollution,
plastic bags, reduction of the use of plastic packaging, deposit application, and obtaining guarantees for the prevention of pollution. See OJ (10 November 2018), No. 30621; Act No. 7153, at:
http://www.resmigazete.gov.tr/eskiler/2018/12/20181210-4.htm.
2
For a list of the by-laws, decree laws, circulars and communiqués adopted to date on different
sectors of the environment see at: https://www.csb.gov.tr/gm/cygm/index.php?Sayfa=sayfa&Tur=
webmenu&Id=267.
34
Z. Savaşan
the Environment Act (No. 5491). This amendment was specifically designed to
harmonize existing regulations with European Union (EU) standards, improve
implementation, compliance and enforcement, and thus overcome the challenges
encountered in the environmental field.
1
The Act is divided into six sub-sections: (1) Objective, Definitions and
Principles, (2) High Environment Board and Its Tasks, (3) Precautions and
Prohibitions Regarding Environmental Protection, (4) Fund for the Prevention of
Environmental Pollution, (5) Criminal Provisions, (6) Miscellaneous Provisions.
Complementary to the Environment Act determining fundamental principles
regarding the subject, several regulations (by-laws, circulars, communiqués etc.) on
diverse aspects of the environment (such as the prevention of pollution, environmental impact assessment, air quality protection, air pollution control and water
pollution control) have also been issued and enacted over the years.
2
Because these regulations involve specific rules and procedures and other details
which clarify and elaborate the requirements and commitments set forth in the
Environment Act, they are also quite important for ensuring implementation,
compliance and enforcement.
In addition to the Environment Act and relevant regulations, there is also other
legislation relating to public or private law, or both, involving provisions directly or
indirectly related to environmental issues under Turkish Environmental Law. Given
the proliferation of legislation through the harmonization process within the EU
accession negotiations, the scope of the legislation has become more vast and
complicated, and includes many different issues intertwined with various sectors.
Such a wide scope of legislation, forming a very complex and comprehensive field,
increases the difficulty of understanding the general structure of Turkish environmental law. Therefore, it is necessary to create a neat framework to provide an
updated review and assessment of its general principles and norms.
In this chapter, the aim is to analyse how environmental issues are regulated in
the context of the Turkish legal system under its different branches. In this respect,
touching upon both private law (civil law, obligations law) and public law (constitutional law, international law, administrative law, criminal law), a general
assessment will be made of Turkish Environmental Law.
1
In December 2018, the Environment Act (No. 2872) was amended to include new provisions on
the protection of the environment, the prevention and elimination of environmental pollution,
plastic bags, reduction of the use of plastic packaging, deposit application, and obtaining guarantees for the prevention of pollution. See OJ (10 November 2018), No. 30621; Act No. 7153, at:
http://www.resmigazete.gov.tr/eskiler/2018/12/20181210-4.htm.
2
For a list of the by-laws, decree laws, circulars and communiqués adopted to date on different
sectors of the environment see at: https://www.csb.gov.tr/gm/cygm/index.php?Sayfa=sayfa&Tur=
webmenu&Id=267.
34
Z. Savaşan