According to the Turkish legislation, in all projects that are considered to be done, the calculation of possible damages to the environment, the determination of the measures to be taken or the minimization of them to the minimum level are all called environmental impact assessment. The report containing these assessments is also called the Environmental Impanct Asssesment (EIA) report. An important legislation change has happened in Turkey concerning the enviromental consultancy sector.
With the regulation published in today’s issue (29th of July, 2022) of the Turkish Official Gazette, the authority to make “EIA Positive”, “EIA Negative”, “EIA Necessary” or “EIA Not Required” decisions about the projects subject to the regulation is assined to be belonging to the Ministry of Environment, Urbanization and Climate Change.
With the amendment regulation, when deemed necessary, the ministry will be able to transfer the authority to decide “EIA is Required” or “EIA is Not Required” to Provincial Directorates of Environment, Urbanization and Climate Change, instead of governorships, by determining the limits of the authorisation.
Before the decision is made according to the provisions of the regulation; if it is determined that the realization of the project is not suitable in terms of the relevant legislation, the EIA process will be terminated regardless of its stage.
With the regulation, the obligation to prepare an EIA report in case of a capacity increase or area expansion for the projects that are considered out of scope has been added to the projects that are legally exempt.
According to the article added to the regulation with the title “The Commission’s Scope and Special Format Determination”, the Ministry decided to prepare a Special Format for the EIA Report in line with the opinions and suggestions of the EIA commission member institutions and organizations and the opinions and suggestions from the public.
Institutions and organizations that have been qualified by the Ministry may be asked to make changes in the EIA Report at most twice. If the correction is not deemed sufficient by the commission, the situation will be determined in a minute and the EIA process of the project will be terminated. In this context, it was noted that the EIA process regarding the project introduction file, whose deficiencies are not completed within six months, will be terminated.
If the investment is not started without a force majeure within five years for the project for which the decision of “EIA is Not Required” is made, and if no application is made to the Ministry within one year for the projects with the decision of “EIA is Required”, the decision taken on this matter will be deemed invalid.
