management units and officers; and companies authorised to provide environmental
services (Ulutaş et al., 2011: 254). Within this context, this By-Law is an important
tool which supports cleaner production in cases where responsibilities and obligations regarding cleaner production are given or summarised. By-Laws are also
examined effectively during the audits. This By-Law may create an internal audit
discipline within the facility and can again be a useful tool in cases concerning
issues related to cleaner (sustainable) production within the scope of thorough
auditing (Ulutaş et al., 2011: 255). According to the By-Law on Environmental
Auditing, companies whose facilities have caused or may have caused pollution, or
that are subject to auditing under the Environmental Law, must establish an environmental auditing unit within the facility to ensure compliance with environmental
requirements and conduct annual audits at facilities. Additionally, the last stage of
the EIA process is the “Monitoring and Auditing of the Investment” stage. It is
necessary to monitor and audit the owners of operations to which a “Positive EIA
Decision” or an “EIA Not Required Decision” has been issued, to check whether or
not they are complying with their commitment. It is our opinion that this stage is the
most important stage in terms of the EIA fulfilling its objective. However, it is
difficult to claim that this stage reaches its objective through proper means. It is
observed that in Turkey the issuing of an “EIA Positive Decision” is perceived to
mean that the project has been given a general permit in terms of the environment
and that the project has been completely absolved in terms of compliance with
environmental requirements. However, the reality is that this administrative process
does not remove the obligation to obtain all other environmental permits, nor does it
generate the result that these permits are no longer required.
The monitoring and auditing process is about checking to see if operations are
started within a certain period after the decision has been issued and whether the
construction of the project, operation and termination are being done in accordance
with the specified measures. Another objective of auditing is to determine impacts
that were not foreseen and to make sure that the necessary measures are taken.
During the restructuring of the Ministry of the Environment and Urbanization, the
permit and auditing aspects of EIA have been united under the same directorate.
Therefore, it is expected that the matters which are committed to at the end of an
EIA process will be monitored more seriously.
According to Article 18 of the By-law, the Ministry of the Environment and
Urbanization is responsible for monitoring and auditing whether or not the project
owner is carrying out the commitments specified in the EIA Report or Project
Presentation File. If the Ministry deems it necessary, this task will be undertaken
with the assistance of the relevant agencies and organizations. According to the
By-law, after receiving a “Positive Environmental Impact Assessment” or “No
Environmental Impact Assessment Necessary” decision, the project owner or
authorized representative is obligated to submit monitoring reports on the beginning, construction, operation and post operation periods to the Ministry or
Governorship.
4 Environmental Administration in Turkey
63
services (Ulutaş et al., 2011: 254). Within this context, this By-Law is an important
tool which supports cleaner production in cases where responsibilities and obligations regarding cleaner production are given or summarised. By-Laws are also
examined effectively during the audits. This By-Law may create an internal audit
discipline within the facility and can again be a useful tool in cases concerning
issues related to cleaner (sustainable) production within the scope of thorough
auditing (Ulutaş et al., 2011: 255). According to the By-Law on Environmental
Auditing, companies whose facilities have caused or may have caused pollution, or
that are subject to auditing under the Environmental Law, must establish an environmental auditing unit within the facility to ensure compliance with environmental
requirements and conduct annual audits at facilities. Additionally, the last stage of
the EIA process is the “Monitoring and Auditing of the Investment” stage. It is
necessary to monitor and audit the owners of operations to which a “Positive EIA
Decision” or an “EIA Not Required Decision” has been issued, to check whether or
not they are complying with their commitment. It is our opinion that this stage is the
most important stage in terms of the EIA fulfilling its objective. However, it is
difficult to claim that this stage reaches its objective through proper means. It is
observed that in Turkey the issuing of an “EIA Positive Decision” is perceived to
mean that the project has been given a general permit in terms of the environment
and that the project has been completely absolved in terms of compliance with
environmental requirements. However, the reality is that this administrative process
does not remove the obligation to obtain all other environmental permits, nor does it
generate the result that these permits are no longer required.
The monitoring and auditing process is about checking to see if operations are
started within a certain period after the decision has been issued and whether the
construction of the project, operation and termination are being done in accordance
with the specified measures. Another objective of auditing is to determine impacts
that were not foreseen and to make sure that the necessary measures are taken.
During the restructuring of the Ministry of the Environment and Urbanization, the
permit and auditing aspects of EIA have been united under the same directorate.
Therefore, it is expected that the matters which are committed to at the end of an
EIA process will be monitored more seriously.
According to Article 18 of the By-law, the Ministry of the Environment and
Urbanization is responsible for monitoring and auditing whether or not the project
owner is carrying out the commitments specified in the EIA Report or Project
Presentation File. If the Ministry deems it necessary, this task will be undertaken
with the assistance of the relevant agencies and organizations. According to the
By-law, after receiving a “Positive Environmental Impact Assessment” or “No
Environmental Impact Assessment Necessary” decision, the project owner or
authorized representative is obligated to submit monitoring reports on the beginning, construction, operation and post operation periods to the Ministry or
Governorship.
4 Environmental Administration in Turkey
63