In cases of potential pollution, the authorities concerned are responsible for
preventing the pollution, and in cases of pollution occurrence, the polluting parties
are responsible for preventing the pollution, eradicating its impact or taking necessary precautions.”
Article 11 is related to “Permits, treatment and disposal liabilities”. Ports,
shipyards, shipwrights, ship-breakers, and coastal facilities such as marinas are
obliged to hold valid permits and to make or to have made for all their related
activities Ministry-approved facilities for the storage, transportation and disposal of
their own waste, including oil, dirty ballast, sludge, slop waste water, solid and
liquid waste, and oily water.
The liability of polluters who cause environmental damage (Article 28) is related
to “Responsibility without taking into consideration whether fault exists”. Article
28 of the Environmental Law underlines a polluter’s responsibility according to the
general provisions. These general provisions appear in the Turkish Code of
Obligations, which states that any person who unjustly harms another person
deliberately and intentionally or through negligence should compensate for the
damage that he or she caused.
The right to obtain information and make applications to the authorities is
regulated in Article 30. Everyone who is harmed by an activity that pollutes or
disturbs the environment or anyone who is informed of such an activity can apply to
the concerned authorities and ask for necessary measures to be taken or for the
activities to be stopped.
Everybody has the right to access information pertaining to the environment
within the scope of the Law on The Right To Obtain Information (9 October 2003,
No. 4982). However, requests for information pertaining to breeding areas, rare
species or similar subjects that may damage environmental values can be declined
within the scope of the same law.
4.2.1.4 Harmonization with the EU Legislation
In Turkey, quite extensive and comprehensive environmental legislation is in place,
and new by-laws are incorporated into it within the scope of harmonization with EU
legislation. This legislation relates to a great many sectors and public institutions,
and it is complex. The number of government agencies responsible for implementing
legislation is quite high. The irregular structure of the legislation and conflicts of
power with many different institutions and organizations causes chaos and confusion
in terms of solving environmental problems. Ever since people started to live collectively, there have been efforts to create a legal order to regulate the use of natural
resources such as water, soil and mines, and legal arrangements related to the protection and utilization of these assets have been devised. These arrangements are
formulated for various purposes, such as public health, construction planning and
regulating neighbourhood relations; they are not specifically designed to settle
environmental problems. In line with the Environmental Law, several By-Laws have
4 Environmental Administration in Turkey
61
preventing the pollution, and in cases of pollution occurrence, the polluting parties
are responsible for preventing the pollution, eradicating its impact or taking necessary precautions.”
Article 11 is related to “Permits, treatment and disposal liabilities”. Ports,
shipyards, shipwrights, ship-breakers, and coastal facilities such as marinas are
obliged to hold valid permits and to make or to have made for all their related
activities Ministry-approved facilities for the storage, transportation and disposal of
their own waste, including oil, dirty ballast, sludge, slop waste water, solid and
liquid waste, and oily water.
The liability of polluters who cause environmental damage (Article 28) is related
to “Responsibility without taking into consideration whether fault exists”. Article
28 of the Environmental Law underlines a polluter’s responsibility according to the
general provisions. These general provisions appear in the Turkish Code of
Obligations, which states that any person who unjustly harms another person
deliberately and intentionally or through negligence should compensate for the
damage that he or she caused.
The right to obtain information and make applications to the authorities is
regulated in Article 30. Everyone who is harmed by an activity that pollutes or
disturbs the environment or anyone who is informed of such an activity can apply to
the concerned authorities and ask for necessary measures to be taken or for the
activities to be stopped.
Everybody has the right to access information pertaining to the environment
within the scope of the Law on The Right To Obtain Information (9 October 2003,
No. 4982). However, requests for information pertaining to breeding areas, rare
species or similar subjects that may damage environmental values can be declined
within the scope of the same law.
4.2.1.4 Harmonization with the EU Legislation
In Turkey, quite extensive and comprehensive environmental legislation is in place,
and new by-laws are incorporated into it within the scope of harmonization with EU
legislation. This legislation relates to a great many sectors and public institutions,
and it is complex. The number of government agencies responsible for implementing
legislation is quite high. The irregular structure of the legislation and conflicts of
power with many different institutions and organizations causes chaos and confusion
in terms of solving environmental problems. Ever since people started to live collectively, there have been efforts to create a legal order to regulate the use of natural
resources such as water, soil and mines, and legal arrangements related to the protection and utilization of these assets have been devised. These arrangements are
formulated for various purposes, such as public health, construction planning and
regulating neighbourhood relations; they are not specifically designed to settle
environmental problems. In line with the Environmental Law, several By-Laws have
4 Environmental Administration in Turkey
61