The By-Law on Strategic Environmental Assessment (OG, 8 April 2017,
No. 30032) has been put into effect in order to regulate the administrative and
technical procedures and principles to be complied with in the process of Strategic
Environmental Assessment applied to integrate environmental elements into the
process of the preparation and approval of plans and programmes which are
expected to have significant environmental effects and to direct them towards
sustainable development principles in order to ensure the protection of the
environment.
The purpose of the By-Law is to provide a framework for the projects listed in
Annex-1 and Annex-2 of the Environmental Impact Assessment By-Law prepared
for the waste management, fisheries, energy, coastal management, spatial planning,
forestry, industry, water management, agriculture, telecommunication, tourism and
transport sectors. A Strategic Environmental Assessment is made, monitored, and
given to the programmes. However, plans and programmes, financial plans and
programmes, budget plans and programmes, development plans and transboundary
plans and programmes within the scope of national defence and civil defence are
excluded from the By-Law. Under the provisions of the By-Law, plans and programmes subject to SEA prepared in the fisheries and forestry sector will be
implemented from 1 January 2020; plans and programmes subject to SEA prepared
in coastal management, spatial planning, water management, the agriculture and
tourism sector, and waste management are to be implemented from the date of
publication in the Official Gazette; and plans and programmes subject to SEA
prepared in the energy, industry, telecommunication and transport sectors will have
been implemented since of 1 January 2003.
4.5.6 Environmental Planning Authority
The authority over environmental planning was granted to the Ministry of
Environment in 1991. However, due to certain reasons, the Ministry did not use its
power until 2000 and issued the Implementing Regulation on the Principles of
Environment Planning on 04 November 2000. In accordance with legislation, the
Ministry of Public Works and Settlement was authorized in territorial planning and
implementing before 1991, and this administrative function was first delegated to
the Ministry of Environment and later to the Ministry of Environment and Forestry
in 2003. A legal procedure concerning which Ministry should have this authority
took a very long time.
However, this function was also granted to local administrations (metropolitan
municipalities, municipality and special provincial administration) as per new local
administration legislation which came into effect in 2005. In this way, a legislation
complexity emerged wherein the responsibilities at central and local level with
regard to the preparation, approval and monitoring of environment plans are not set
clearly. Furthermore, when delegating authority over territorial planning to local
administrations, the capacities of these administrations were not taken into account;
4 Environmental Administration in Turkey
75
No. 30032) has been put into effect in order to regulate the administrative and
technical procedures and principles to be complied with in the process of Strategic
Environmental Assessment applied to integrate environmental elements into the
process of the preparation and approval of plans and programmes which are
expected to have significant environmental effects and to direct them towards
sustainable development principles in order to ensure the protection of the
environment.
The purpose of the By-Law is to provide a framework for the projects listed in
Annex-1 and Annex-2 of the Environmental Impact Assessment By-Law prepared
for the waste management, fisheries, energy, coastal management, spatial planning,
forestry, industry, water management, agriculture, telecommunication, tourism and
transport sectors. A Strategic Environmental Assessment is made, monitored, and
given to the programmes. However, plans and programmes, financial plans and
programmes, budget plans and programmes, development plans and transboundary
plans and programmes within the scope of national defence and civil defence are
excluded from the By-Law. Under the provisions of the By-Law, plans and programmes subject to SEA prepared in the fisheries and forestry sector will be
implemented from 1 January 2020; plans and programmes subject to SEA prepared
in coastal management, spatial planning, water management, the agriculture and
tourism sector, and waste management are to be implemented from the date of
publication in the Official Gazette; and plans and programmes subject to SEA
prepared in the energy, industry, telecommunication and transport sectors will have
been implemented since of 1 January 2003.
4.5.6 Environmental Planning Authority
The authority over environmental planning was granted to the Ministry of
Environment in 1991. However, due to certain reasons, the Ministry did not use its
power until 2000 and issued the Implementing Regulation on the Principles of
Environment Planning on 04 November 2000. In accordance with legislation, the
Ministry of Public Works and Settlement was authorized in territorial planning and
implementing before 1991, and this administrative function was first delegated to
the Ministry of Environment and later to the Ministry of Environment and Forestry
in 2003. A legal procedure concerning which Ministry should have this authority
took a very long time.
However, this function was also granted to local administrations (metropolitan
municipalities, municipality and special provincial administration) as per new local
administration legislation which came into effect in 2005. In this way, a legislation
complexity emerged wherein the responsibilities at central and local level with
regard to the preparation, approval and monitoring of environment plans are not set
clearly. Furthermore, when delegating authority over territorial planning to local
administrations, the capacities of these administrations were not taken into account;
4 Environmental Administration in Turkey
75