the views of the relevant institution. According to Article 5 of the EIA Regulation
titled ‘authority’, the Ministry is entitled to make the “EIA Approved”, “EIA Not
Approved”, “EIA Required” or “EIA Not Required” decisions for the projects
subject to the regulation. However, the Ministry can transfer, if required, its right to
make the “EIA Required” or “EIA Not Required” decision to the Governorate,
within defined limits.
Making the above-mentioned determinations is addressed by the legislation as a
critical authority. For projects subject to EIA, no incentive, approval construction or
building use permit can be given and no investment can be initiated, nor can it be
opened to tender, unless a prior “EIA Approved” or “EIA Not Required” decision
has been received. In line with this principle, “EIA Approved” and “EIA Not
Required” decisions concern all public institutions engaged in giving incentives,
approvals, permits and licences. In compliance with this regulation, EIA should be
undertaken during the planning phase and before the licences are received in line
with other legislation. During the EIA process, the convenience of the location of
the activity is also assessed in terms of environmental protection. After this
assessment, in the case of an agreement on the convenience of the location of the
activity for environmental protection, the project owner is required to receive other
permits required by legislation before beginning the investment.
In other words, the “EIA Approved” decision and “EIA Not Required” decision
are not sufficient on their own for the activity to be realized. This process, including
a scientific evaluation that the proposed activity has no adverse environmental
impacts, is a pre-condition for attaining other permits and licences (Alıca, 2011) in
case the realization of the activity is prohibited by other associated legislation. If
any prohibition applies, the activity will not be permitted even with an “EIA
Approved” decision or an “EIA Not Required” decision.
It is undoubtedly very important for environmental protection to apply EIA in
the decision-making process of a project. Implementation of EIA after strategic and
crucial decisions related to the project (determinations of other public offices) are
made will conflict with the purpose of the EIA and lead to administrative, political
and legal problems, for, in Turkey, receiving permission, approval or licences from
other public institutions or opening tenders are procedures which require considerable time, money and effort.
After going through such a process, when an investor or project owner begins
the EIA process, he or she may happen to exert administrative and political pressure
so that the process is concluded swiftly, and such pressure can put the
decision-making administrative authority in a tight spot. Therefore, this Article,
which used to be a provision which was not binding on the other public institutions,
was amended as a provision of law via the amendment of the Environmental Law in
2006, both guiding and binding other public institutions. Though this provision is
included in the Environmental Law, it is proposed that, by itself, this inclusion is
insufficient and that the EIA should be integrated into the laws which regulate the
issuing of permits, approvals or licences (e.g. the Development Law) (Republic of
Turkish Ministry of Environment and Forestry, 2009b: 39).
72
S. S. Gökalp Alıca
titled ‘authority’, the Ministry is entitled to make the “EIA Approved”, “EIA Not
Approved”, “EIA Required” or “EIA Not Required” decisions for the projects
subject to the regulation. However, the Ministry can transfer, if required, its right to
make the “EIA Required” or “EIA Not Required” decision to the Governorate,
within defined limits.
Making the above-mentioned determinations is addressed by the legislation as a
critical authority. For projects subject to EIA, no incentive, approval construction or
building use permit can be given and no investment can be initiated, nor can it be
opened to tender, unless a prior “EIA Approved” or “EIA Not Required” decision
has been received. In line with this principle, “EIA Approved” and “EIA Not
Required” decisions concern all public institutions engaged in giving incentives,
approvals, permits and licences. In compliance with this regulation, EIA should be
undertaken during the planning phase and before the licences are received in line
with other legislation. During the EIA process, the convenience of the location of
the activity is also assessed in terms of environmental protection. After this
assessment, in the case of an agreement on the convenience of the location of the
activity for environmental protection, the project owner is required to receive other
permits required by legislation before beginning the investment.
In other words, the “EIA Approved” decision and “EIA Not Required” decision
are not sufficient on their own for the activity to be realized. This process, including
a scientific evaluation that the proposed activity has no adverse environmental
impacts, is a pre-condition for attaining other permits and licences (Alıca, 2011) in
case the realization of the activity is prohibited by other associated legislation. If
any prohibition applies, the activity will not be permitted even with an “EIA
Approved” decision or an “EIA Not Required” decision.
It is undoubtedly very important for environmental protection to apply EIA in
the decision-making process of a project. Implementation of EIA after strategic and
crucial decisions related to the project (determinations of other public offices) are
made will conflict with the purpose of the EIA and lead to administrative, political
and legal problems, for, in Turkey, receiving permission, approval or licences from
other public institutions or opening tenders are procedures which require considerable time, money and effort.
After going through such a process, when an investor or project owner begins
the EIA process, he or she may happen to exert administrative and political pressure
so that the process is concluded swiftly, and such pressure can put the
decision-making administrative authority in a tight spot. Therefore, this Article,
which used to be a provision which was not binding on the other public institutions,
was amended as a provision of law via the amendment of the Environmental Law in
2006, both guiding and binding other public institutions. Though this provision is
included in the Environmental Law, it is proposed that, by itself, this inclusion is
insufficient and that the EIA should be integrated into the laws which regulate the
issuing of permits, approvals or licences (e.g. the Development Law) (Republic of
Turkish Ministry of Environment and Forestry, 2009b: 39).
72
S. S. Gökalp Alıca