municipality numbers increased from sixteen to thirty, and all metropolitan
municipality borders were expanded to the provincial borders up to the end of the
mentioned year by means of this Law. The new metropolitan system has led to
structural changes in terms of the administrative, financial, zoning and planning
order. This new system has increased the number of people that need to be taken to
environmental services by municipalities and the area has expanded. This board is
established as a decision-making mechanism above the Ministry of Environment
and Urbanization and the Ministry of the Interior. The main tasks of
decision-making, service production and the execution of local public services have
been given to the Ministry of Environment and Urbanization (MoEU)
(No. 1 Presidential Decree). Previously it was attached to the Ministry of
Environment and Urbanization as the General Directorate of Local Authorities
affiliated to the Ministry of Interior. The Ministry of Interior maintains its powers of
inspection and investigation within the framework of administrative
guardianship. When it is taken into consideration that the General Directorate of
Local Administrations is connected to the Ministry of Environment and
Urbanization together with the General Directorate of National Estate, Public
Housing Administration, it can be seen that the local administrations are constructed within the scope of the evaluation of urban and rural areas.
Within the scope of the New Presidential Organization, the Local Government
Policies Board was established. It is designed to determine the main policies related
to local government, and deals with urbanization; local government; immigration
and resettlement; environment, forest, water; and smart cities. It has been assigned
and authorized to develop policy and strategy proposals in areas such as the
Bosphorus zoning implementation programmes.
Returning to the issue of municipal environmental services, the Ministry of
Environment and Forestry (now the Ministry of Environment and Urbanization)
was entrusted with new functions and powers, and laws transferring environmental
functions and powers to local administrations were later enacted. The Metropolitan
Municipality Law, the Municipal Law and the Provincial Special Administration
Law have covered broad functions and powers related to environment. The
Municipal Law has been authorised to deliver “environment and environmental
health services together with cleaning and solid waste services” and to have these
services done on condition that these are common local needs. According to this, it
is not clear which functions fall under the scope, however, pursuant to Article 84 of
the same Law, entitled “Inapplicable Provisions”,
With this Law, limited to functions and services entrusted to the municipality,… in cases
where there is incongruity in the Law on the Organization and Duties of the Ministry of
Environment and Forestry with the provisions of this Law, the provisions of this Law are
applicable.
Pursuant to the said Article, “environment and environmental health” services
cannot be delivered by the Ministry of Environment and Forestry. However, this
Article is not in line with the legislating technique. It is obvious that identifying
which Articles in Organization Laws are incongruous with Municipal Law will
cause complications in the legislation and implementation.
4 Environmental Administration in Turkey
77
municipality borders were expanded to the provincial borders up to the end of the
mentioned year by means of this Law. The new metropolitan system has led to
structural changes in terms of the administrative, financial, zoning and planning
order. This new system has increased the number of people that need to be taken to
environmental services by municipalities and the area has expanded. This board is
established as a decision-making mechanism above the Ministry of Environment
and Urbanization and the Ministry of the Interior. The main tasks of
decision-making, service production and the execution of local public services have
been given to the Ministry of Environment and Urbanization (MoEU)
(No. 1 Presidential Decree). Previously it was attached to the Ministry of
Environment and Urbanization as the General Directorate of Local Authorities
affiliated to the Ministry of Interior. The Ministry of Interior maintains its powers of
inspection and investigation within the framework of administrative
guardianship. When it is taken into consideration that the General Directorate of
Local Administrations is connected to the Ministry of Environment and
Urbanization together with the General Directorate of National Estate, Public
Housing Administration, it can be seen that the local administrations are constructed within the scope of the evaluation of urban and rural areas.
Within the scope of the New Presidential Organization, the Local Government
Policies Board was established. It is designed to determine the main policies related
to local government, and deals with urbanization; local government; immigration
and resettlement; environment, forest, water; and smart cities. It has been assigned
and authorized to develop policy and strategy proposals in areas such as the
Bosphorus zoning implementation programmes.
Returning to the issue of municipal environmental services, the Ministry of
Environment and Forestry (now the Ministry of Environment and Urbanization)
was entrusted with new functions and powers, and laws transferring environmental
functions and powers to local administrations were later enacted. The Metropolitan
Municipality Law, the Municipal Law and the Provincial Special Administration
Law have covered broad functions and powers related to environment. The
Municipal Law has been authorised to deliver “environment and environmental
health services together with cleaning and solid waste services” and to have these
services done on condition that these are common local needs. According to this, it
is not clear which functions fall under the scope, however, pursuant to Article 84 of
the same Law, entitled “Inapplicable Provisions”,
With this Law, limited to functions and services entrusted to the municipality,… in cases
where there is incongruity in the Law on the Organization and Duties of the Ministry of
Environment and Forestry with the provisions of this Law, the provisions of this Law are
applicable.
Pursuant to the said Article, “environment and environmental health” services
cannot be delivered by the Ministry of Environment and Forestry. However, this
Article is not in line with the legislating technique. It is obvious that identifying
which Articles in Organization Laws are incongruous with Municipal Law will
cause complications in the legislation and implementation.
4 Environmental Administration in Turkey
77