4.3.2 Environmental Permit and Licence
In Turkey it is obligatory to obtain a single consolidated permit, which is valid for a
period of five years, instead of obtaining separate environment permits (e.g. an
emission permit and a water discharge permit).
The purpose of the By-Law on Environmental Permit and Licence is to clarify
the processes and procedures to be used in applications for certificates, permits and
licences. Another purpose of the By-Law is to introduce a more consistent, practical
and clear system for addressing the problems which previously caused delays in the
implementation of projects and which have also caused financial losses for project
investors and operators.
The By-Law sets forth a “temporary activities certificate” and two types of
permits, an “environmental permit” and an “environmental permit and licence”. The
environmental permit covers air emissions, environmental noise, deep sea discharge
and hazardous waste discharge, whereas the environment licence addresses the
technical sufficiency of the applicant facility. The facilities listed in Annexes 1 and
2 of the By-Law must obtain either a Permit or a Permit and Licence.
Pursuant to the By-Law, temporary activity certificates may be executed electronically for one year, while the Permits or Permits and Licences may be executed
electronically for five years but may be renewed upon application at least 180 days
before the expiration date of the Permit or Permit and Licence. The renewed Permit
or Permit and Licence should be obtained before the expiration of five years following the issuance of the relevant Permit or Permit and Licence.
4.3.3 Administrative Sanctions According to Environmental
Law
Environmental administrative sanctions have importance and significance in
Turkish legislation. In Turkey, the Ministries and municipalities represent effective
governmental authority against environmental problems. This has resulted in
administrative sanctions occupying their proper place in the context of environmental law. Similarly, Environmental Law has been prescribed as a tool through
which orders and prohibitions are designed to provide environmental protection. It
also supports environmental administrative sanctions.
Violations of the general prohibition against pollution under the Environmental
Law include:
• Discharging any type of waste directly or indirectly into the receiving
environment.
• Storing, transporting and removing any type of waste and residues, or engaging
in similar activities, in a manner detrimental to the environment and in violation
of standards envisaged in the environmental by-laws.
64
S. S. Gökalp Alıca
In Turkey it is obligatory to obtain a single consolidated permit, which is valid for a
period of five years, instead of obtaining separate environment permits (e.g. an
emission permit and a water discharge permit).
The purpose of the By-Law on Environmental Permit and Licence is to clarify
the processes and procedures to be used in applications for certificates, permits and
licences. Another purpose of the By-Law is to introduce a more consistent, practical
and clear system for addressing the problems which previously caused delays in the
implementation of projects and which have also caused financial losses for project
investors and operators.
The By-Law sets forth a “temporary activities certificate” and two types of
permits, an “environmental permit” and an “environmental permit and licence”. The
environmental permit covers air emissions, environmental noise, deep sea discharge
and hazardous waste discharge, whereas the environment licence addresses the
technical sufficiency of the applicant facility. The facilities listed in Annexes 1 and
2 of the By-Law must obtain either a Permit or a Permit and Licence.
Pursuant to the By-Law, temporary activity certificates may be executed electronically for one year, while the Permits or Permits and Licences may be executed
electronically for five years but may be renewed upon application at least 180 days
before the expiration date of the Permit or Permit and Licence. The renewed Permit
or Permit and Licence should be obtained before the expiration of five years following the issuance of the relevant Permit or Permit and Licence.
4.3.3 Administrative Sanctions According to Environmental
Law
Environmental administrative sanctions have importance and significance in
Turkish legislation. In Turkey, the Ministries and municipalities represent effective
governmental authority against environmental problems. This has resulted in
administrative sanctions occupying their proper place in the context of environmental law. Similarly, Environmental Law has been prescribed as a tool through
which orders and prohibitions are designed to provide environmental protection. It
also supports environmental administrative sanctions.
Violations of the general prohibition against pollution under the Environmental
Law include:
• Discharging any type of waste directly or indirectly into the receiving
environment.
• Storing, transporting and removing any type of waste and residues, or engaging
in similar activities, in a manner detrimental to the environment and in violation
of standards envisaged in the environmental by-laws.
64
S. S. Gökalp Alıca