promotive measures towards that end. In parallel with this provision, in Law
No. 2863 on the Protection of Cultural and Natural Heritage enacted in 1983, the
concepts of cultural heritage, natural heritage and site area are defined, and
housing in these areas without permission is forbidden. Mentioned law defines
movable and immovable cultural and natural heritages that must be preserved
and introduces provisions to arrange operations and effects and to establish an
organization that is to take principled decisions and enforce them.
– Article 168 says that natural wealth and resources shall be placed under the
control of and put at the disposal of the State, and also says that the right to
explore and exploit resources belongs to the State.
4.2.1.2 Environmental Law No. 2872
Environmental Law
1 No. 2872 took effect on 11 August 1983 as a specific law
regarding the protection of the environment after the 1982 Constitution, which had
specifically regulated the right to the environment. Activities to amend the
Environmental Law continued over a period of more than ten years. The
Environmental Law, prepared as a blanket statute in order to follow developments
closely, left the implementation largely to by-laws and communiqués. The purpose
of the Environmental Law can be redefined as follows: “to ensure the preservation
of the environment, which is a common asset of all living beings, through sustainable environment and sustainable development principles”. The Law outlines
Turkey’s environmental policy in general terms.
The general principles pertaining to the protection and improvement of the
environment and the prevention of the pollution are as follows:
(a) Everybody, but primarily the administration, chambers of commerce and
non-governmental organizations, is responsible for protecting the environment
and preventing pollution and they are obliged to adhere to the measures taken
and principles established on the subject.
(b) In all the activities directed towards the protection of the environment, the
prevention of environmental destruction and eliminating pollution, the Ministry
and local administrations, chambers of commerce, associations and
non-governmental organizations will cooperate if needed.
(c) Authorized agencies which decide on land and resource utilization and conduct
project evaluation should observe the sustainable development principle
throughout the decision-making process.
1
The Environmental Law was amended many times via the Law dated 8 June 1984 (No. 222), the
Law dated 3 March 1988 (No. 3416), the Decree Law dated 13 March 1990 (No. 409) and the
Decree Law dated 9 August 1991 (No. 443).
58
S. S. Gökalp Alıca
No. 2863 on the Protection of Cultural and Natural Heritage enacted in 1983, the
concepts of cultural heritage, natural heritage and site area are defined, and
housing in these areas without permission is forbidden. Mentioned law defines
movable and immovable cultural and natural heritages that must be preserved
and introduces provisions to arrange operations and effects and to establish an
organization that is to take principled decisions and enforce them.
– Article 168 says that natural wealth and resources shall be placed under the
control of and put at the disposal of the State, and also says that the right to
explore and exploit resources belongs to the State.
4.2.1.2 Environmental Law No. 2872
Environmental Law
1 No. 2872 took effect on 11 August 1983 as a specific law
regarding the protection of the environment after the 1982 Constitution, which had
specifically regulated the right to the environment. Activities to amend the
Environmental Law continued over a period of more than ten years. The
Environmental Law, prepared as a blanket statute in order to follow developments
closely, left the implementation largely to by-laws and communiqués. The purpose
of the Environmental Law can be redefined as follows: “to ensure the preservation
of the environment, which is a common asset of all living beings, through sustainable environment and sustainable development principles”. The Law outlines
Turkey’s environmental policy in general terms.
The general principles pertaining to the protection and improvement of the
environment and the prevention of the pollution are as follows:
(a) Everybody, but primarily the administration, chambers of commerce and
non-governmental organizations, is responsible for protecting the environment
and preventing pollution and they are obliged to adhere to the measures taken
and principles established on the subject.
(b) In all the activities directed towards the protection of the environment, the
prevention of environmental destruction and eliminating pollution, the Ministry
and local administrations, chambers of commerce, associations and
non-governmental organizations will cooperate if needed.
(c) Authorized agencies which decide on land and resource utilization and conduct
project evaluation should observe the sustainable development principle
throughout the decision-making process.
1
The Environmental Law was amended many times via the Law dated 8 June 1984 (No. 222), the
Law dated 3 March 1988 (No. 3416), the Decree Law dated 13 March 1990 (No. 409) and the
Decree Law dated 9 August 1991 (No. 443).
58
S. S. Gökalp Alıca