There are two types of sanctions:
• Monetary sanctions. Monetary fines vary depending on the seriousness of the
violation, and are updated every year. There are more than twenty-four categories, and the fines in each category vary depending on the seriousness of the
violation. In addition, some of the violations are not clearly listed, and therefore
officials may need to interpret the regulations to determine the applicable fines.
• Operational sanctions. For violation of the permitted requirements and discharge
limits and standards, the Ministry of Environment and Urbanization may:
– suspend the facility wholly or partially until the violation is rectified;
– grant a remediation period, which cannot exceed one year.
An official memorandum is kept by the authorized inspection staff with respect
to the offences for which the payment of administrative fines is anticipated under
this Act. This official memorandum is submitted to a competent authority to which
the inspection staff reports. The said competent authority evaluates the official
memorandum. The concerned party is notified of the decision concerning the
application of a fine by the authority that administers the penalty in accordance with
the provisions of the Law on Notifications (11 February 1959, No. 7201).
The payment period for administrative fines is thirty days from the date of
notification. Legal proceedings against administrative fines can be initiated from the
date that these fines are notified to the parties concerned.
The commencement of legal proceedings does not suspend the collection of the
administrative fine imposed by the administration. Administrative fines which are
imposed by institutions and authorities are collected by way of receipts that are
printed and distributed by the Ministry after obtaining the approval of the Ministry
of Finance. The fine-payer’s tax office is notified of administrative fines which are
not paid within the specified deadline so that the fine can be collected in accordance
with the provisions of the Law on the Procedures for Collection of Public
Receivables (No. 6183).
Under Article 26 of the Environmental Law, entitled “Penalties of a Judicial
Nature”, it is a crime to submit incorrect or misleading information pursuant to the
obligation to submit notification and information under Article 12 of the Law, or to
prepare or use incorrect and misleading documents in the application of the Law.
According to this Article, in conflicts concerning an EIA that has been submitted to
the court, the EIA is to be suspended until the completion of the judicial process.
While the authority for making decisions on administrative enforcement under
the Environmental Law belongs to the Ministry of the Environment and
Urbanization, this authority can also be used by agencies and offices which have
been given the authority to conduct audits. The administrative enforcement set forth
in the Law is decided on by general managers in the Ministry headquarters and by
provincial managers in the rural districts, and a record is prepared by the authorized
auditing personnel concerning the actions that have required administrative enforcement. A case may be filed in the administrative court within thirty days of the
receipt of the administrative enforcement notification. However, taking legal action
will not prevent the collection of the fine that has been issued by the administration.
4 Environmental Administration in Turkey
65
• Monetary sanctions. Monetary fines vary depending on the seriousness of the
violation, and are updated every year. There are more than twenty-four categories, and the fines in each category vary depending on the seriousness of the
violation. In addition, some of the violations are not clearly listed, and therefore
officials may need to interpret the regulations to determine the applicable fines.
• Operational sanctions. For violation of the permitted requirements and discharge
limits and standards, the Ministry of Environment and Urbanization may:
– suspend the facility wholly or partially until the violation is rectified;
– grant a remediation period, which cannot exceed one year.
An official memorandum is kept by the authorized inspection staff with respect
to the offences for which the payment of administrative fines is anticipated under
this Act. This official memorandum is submitted to a competent authority to which
the inspection staff reports. The said competent authority evaluates the official
memorandum. The concerned party is notified of the decision concerning the
application of a fine by the authority that administers the penalty in accordance with
the provisions of the Law on Notifications (11 February 1959, No. 7201).
The payment period for administrative fines is thirty days from the date of
notification. Legal proceedings against administrative fines can be initiated from the
date that these fines are notified to the parties concerned.
The commencement of legal proceedings does not suspend the collection of the
administrative fine imposed by the administration. Administrative fines which are
imposed by institutions and authorities are collected by way of receipts that are
printed and distributed by the Ministry after obtaining the approval of the Ministry
of Finance. The fine-payer’s tax office is notified of administrative fines which are
not paid within the specified deadline so that the fine can be collected in accordance
with the provisions of the Law on the Procedures for Collection of Public
Receivables (No. 6183).
Under Article 26 of the Environmental Law, entitled “Penalties of a Judicial
Nature”, it is a crime to submit incorrect or misleading information pursuant to the
obligation to submit notification and information under Article 12 of the Law, or to
prepare or use incorrect and misleading documents in the application of the Law.
According to this Article, in conflicts concerning an EIA that has been submitted to
the court, the EIA is to be suspended until the completion of the judicial process.
While the authority for making decisions on administrative enforcement under
the Environmental Law belongs to the Ministry of the Environment and
Urbanization, this authority can also be used by agencies and offices which have
been given the authority to conduct audits. The administrative enforcement set forth
in the Law is decided on by general managers in the Ministry headquarters and by
provincial managers in the rural districts, and a record is prepared by the authorized
auditing personnel concerning the actions that have required administrative enforcement. A case may be filed in the administrative court within thirty days of the
receipt of the administrative enforcement notification. However, taking legal action
will not prevent the collection of the fine that has been issued by the administration.
4 Environmental Administration in Turkey
65