Law No.: 2872 Date of Enactment: August 9, 1983
PART ONE
Purpose, Definitions, and Principles
Purpose
Article 1_ The purpose of this Law is to protect and improve the environment, which is the common property of all citizens; to ensure the optimal use and protection of land and natural resources in both rural and urban areas; to prevent water, soil, and air pollution; and to establish regulations and measures—in accordance with specific legal and technical principles and consistent with economic and social development goals—to protect the country’s flora and fauna as well as its natural and historical riches, thereby enhancing and safeguarding the health, civilization, and standard of living of both present and future generations.
Definitions
Article 2—The following terms used in this Law:
“Environmental Protection” refers to; refers to
the entirety of efforts undertaken to protect ecological balance, prevent pollution and degradation in the air, water, and soil, and improve the environment; “Ecological Balance” refers to the totality of conditions necessary for humans and other living beings to sustain their existence and development
;The term “Environmental Pollution” refers to the adverse developments in the air, water, and soil resulting from all types of human activities, the disruption of the ecological balance, and the undesirable consequences caused in the environment by odors, noise, and waste generated by the same activities; the term
“Polluter” refers to natural and legal persons who, through their actions, directly or indirectly cause environmental pollution; the term
“Waste” refers to harmful substances discharged or discarded into the environment as a result of any activity; the term
“Receptor Environment” refers to the immediate or distant surroundings into which waste is discharged.
Principles
Article 3—The general principles regarding environmental protection and the prevention of environmental pollution are as follows:
The protection of the environment and the prevention of environmental pollution are the responsibility of natural and legal persons as well as citizens, and they are obligated to comply with the measures to be taken and the established principles in this regard.
In the adoption and implementation of decisions and measures regarding environmental protection and pollution, it is essential to conduct short- and long-term assessments by taking into account the protection of human and other living beings’ health, as well as the positive and negative impacts of the measures on development efforts and their benefits and costs.
Authorized institutions that make decisions regarding land and resource use and conduct project evaluations shall pursue the objectives of environmental protection and pollution control while taking care not to adversely affect development efforts.
In economic activities and the determination of production methods, the most suitable technologies and methods are selected and implemented to prevent and limit environmental problems.
(Amended: March 3, 1988—3416-1, Art.) It is a fundamental principle that the polluter shall bear the costs incurred to prevent, limit, and combat pollution. If the polluter fails to take the necessary measures to stop, eliminate, or reduce pollution, or if such measures are taken directly by the competent authorities, the necessary expenses incurred by public institutions and organizations shall be recovered from the polluter in accordance with the provisions of Law No. 6813 on the Collection of Public Receivables.
However, polluters may be exempted from the obligation to pay the expenses incurred to prevent and limit pollution provided they prove that they have taken all necessary measures to prevent the pollution in question.
(Amended: 3/3/1988-3416/Article 1) Based on the lowest achievable pollution level, fees specified in Article 18(ı) of this Law shall be collected separately for any pollution occurring above that level.
Measures to be taken regarding environmental protection and pollution prevention must be identified and implemented as an integrated whole.
SECTION TWO
Central and Local Administrative Units and Their Duties
Central 4* (Repealed: August 9, 191—Decree Law No. 443, Article 43)
Provincial Environmental Council
Article 5—(Repealed: March 13, 1990—Decree-Law No. 409, Article 12)
Articles 6–7 (Repealed: June 8, 198 – Decree-Law No. 222, Article 3)
PART THREE
Measures and Prohibitions Regarding Environmental Protection
Prohibition on Pollution
Article 8—It is prohibited to discharge, store, transport, dispose of, or engage in similar activities involving any type of waste or refuse directly or indirectly into the receiving environment in a manner that causes harm to the environment and in violation of the standards and methods specified in the relevant regulations.
In situations where there is a risk of pollution, the parties concerned are obligated to take the necessary measures to stop the pollution and to eliminate or reduce its effects.
Environmental Protection
Article 9—(Amended: March 3, 1988—Law No. 3416, Article 4)
Protected areas identified in accordance with land-use decisions in rural and urban areas, as well as the principles of protection and use to be applied in these areas, are specified in the regulation.
Within the framework of these established principles, excessive and improper use, the disruption of the country’s fundamental ecological systems due to the import of all types of garbage and waste from abroad, the endangerment of animal and plant species, and the destruction of the integrity of natural resources are prohibited.
The Council of Ministers is authorized to identify and declare areas sensitive to environmental pollution and degradation—which are of ecological importance both nationally and globally—as “Special Environmental Protection Zones” in order to ensure that natural beauties are preserved for future generations and to enable the necessary regulations to be established, to identify and designate such areas as “Special Environmental Protection Zones” and to determine the principles of protection and use to be applied in these areas, as well as which Ministry will prepare and implement the relevant plans and projects.
For the purpose of implementing the provisions of the preceding paragraph, a temporary organization may be established by the relevant Ministry in accordance with the provisions of subparagraph (g) of the second paragraph of Article 17 of Law No. 3046 dated September 27, 1984. The provisions of Article 9 of Law No. 3194 dated May 3, 1985, shall not apply to the preparation of plans and projects concerning these areas.
Environmental Impact Assessment
Article 10—Institutions, organizations, and businesses whose planned activities may cause environmental problems shall prepare an “Environmental Impact Assessment Report.” This report shall specify, taking into account all potential environmental impacts, how waste and byproducts that may cause environmental pollution can be rendered harmless, as well as the measures to be taken in this regard.
The regulations set forth the principles regarding which types of projects require an “Environmental Impact Assessment Report,” the matters it must cover, and the authority responsible for its approval.
Operating Permit and Reporting Obligation
Article 11—Institutions, organizations, and businesses planning to carry out projects are required to establish the treatment facilities or systems prescribed by law, either independently or jointly. No operating or usage permit shall be issued to institutions, organizations, or businesses until the wastewater treatment facilities or systems have been established and made ready for operation.
Any institution, organization, or business that has obtained an operating permit and commenced operations is required to notify the highest local administrative authority in advance when planning to make changes to its operations or expand its facility. The local administrative authority shall immediately report the situation to the Prime Ministry’s Undersecretariat for the Environment and the relevant ministry.
Entities responsible for the disposal, removal, or neutralization of all types of waste shall also take measures to ensure that these operations do not harm the environment.
The technical procedures to be followed when discharging waste, directly or indirectly, into the receiving environment are specified in the regulation, taking into account the characteristics of the receiving environment and the possibilities for its use.
Inspection
Article 12—(Amended; March 3, 1988—Law No. 3416, Article 5)
Inspections related to the disposal, removal, rendering harmless, and import of waste, residues, and fuels are conducted by the General Directorate of the Environment. The manner in which inspections are to be conducted and the qualifications of inspection personnel are specified in the regulation.
Organizations and businesses are required to continuously and regularly determine information regarding the characteristics and quantities of the fuel they use and the waste and byproducts they generate for the purpose of monitoring their operations, to document this information, and to report it to the General Directorate of the Environment.
Hazardous Chemical Substances
Article 13—In the production, import, transport, storage, and use of chemical substances that are persistent in the air, water, or soil and disrupt the ecological balance, environmental protection principles shall be taken into account. Restrictions on the production, import, transport, storage, and use of such substances shall be specified by regulation.
Noise
Article 14—It is prohibited to generate noise exceeding the standards specified by regulation in a manner that disturbs the peace and quiet of individuals or harms their physical and mental health. Necessary measures shall be taken to minimize noise in factories, workshops, workplaces, entertainment venues, service buildings, residential buildings, and transportation vehicles.
Suspension of Activities
Article 15—Those who act in violation of written prohibitions in this regard or fail to fulfill the obligations specified by law shall be granted a sufficient period of time, the terms of which are determined by regulation, to comply.
No additional penalties shall be imposed during this period for actions contrary to the prohibitions or for failure to fulfill the obligations.
At the end of this period, the operations of institutions, organizations, or businesses that have failed to comply shall be suspended, either partially or completely, temporarily or indefinitely, depending on the type and nature of the violation or unfulfilled obligation.
Suspension of Activities in Hazardous Situations
Article 16—In cases where environmental pollution poses a threat to public health, the Ministry of Health and Social Services, on its own initiative or upon the request of the Prime Ministry’s Undersecretariat for the Environment, decide to suspend, either partially or completely and for a temporary period, the activities causing such pollution; the implementation of this decision may also be ordered by a decision issued by the highest local administrative authority. This decision shall be immediately notified to the Ministry of Health and Social Assistance and the Prime Ministry’s Undersecretariat for the Environment.
CHAPTER FOUR
Environmental Pollution Prevention Fund
Establishment of the Fund and Use of the Fund
Article 17—The “Environmental Pollution Prevention Fund” has been established to prevent environmental pollution and improve the environment.
Up to 45 percent of the expenses necessary for the prevention of environmental pollution and the restoration of the environment shall be supported by the Environmental Pollution Prevention Fund through loans with a maximum term of twenty years.
Revenues of the Fund
Article 18— (Amended: March 3, 1988—Law No. 3416, Article 6)
The revenues of the Environmental Pollution Prevention Fund are as follows:
One-fifth of the technical inspection fee collected during each technical inspection of motor vehicles, and an additional amount collected once at a rate of one-fourth of the motor vehicle purchase tax;
and fees collected from vessels registered in the ship registry in accordance with the provisions of the Turkish Commercial Code, 18 (inclusive) gross tons or more, collected annually at a rate of seven hundred fifty lira
per gross ton; five per thousand of the ticket price per passenger collected separately for domestic air transport, and seven hundred fifty lira
per metric ton of cargo transported annually; appropriations allocated annually to the General Directorate of the Environment’s budget for this purpose, from the annual appropriations allocated for this purpose;
from interest on loans granted by the Fund and from bank interest;
from donations and contributions;
from revenue derived from participation shares, compensation, and the sale of equipment mandated by this Law;
revenues from the sale of vehicles and equipment produced by facilities and enterprises belonging to the Fund;
from activities determined by the Central Environmental Council to cause environmental pollution; and from participation shares to be collected according to the following schedule:
Monthly Participation Share Amount to Be Collected for Environmental Pollution
Causing enterprises: 1st Degree, 2nd Degree, 3rd Degree
Group 1 600,000 TL 400,000 TL 200,000 TL
Group 2 400,000 TL 200,000 TL 100,000 TL
Group 3: 200,000 TL, 100,000 TL, 50,000 TL
Group 4 100,000 TL 50,000 TL 25,000 TL
Group 5: 50,000 TL, 25,000 TL, 12,000 TL
j) Consists of monetary penalties to be imposed under this Law.
The Council of Ministers is authorized to increase the amounts of the monthly contribution shares listed in this schedule, for each group and/or each tier, separately or collectively, up to 10 times their current value, or to reduce them to the amounts specified in the Act; furthermore, with the exception of subparagraph (i) of this article, it is authorized to reduce or increase the fixed and proportional limits, separately or collectively, to zero or increase them up to 50 percent.
The Fund’s revenues shall be collected through an account to be opened at a state-owned bank.
Amounts collected by the relevant parties pursuant to subparagraphs (a), (b), and (c) of this article must be deposited into the Fund’s account at the state bank no later than the fifteenth day of the following month. For those who fail to deposit the collected revenues and the participation shares to be paid on time, the Fund Administration shall submit a request to the tax office to which the Fund taxpayer is affiliated for the initiation of enforcement proceedings under Law No. 6183. For those who are not registered as taxpayers with a tax office, the Ministry of Finance and Customs shall determine which office is responsible for collecting the amount due to the Fund.
The tax office transfers the amount collected on behalf of the Fund to the Fund’s account at the state bank in accordance with the principles determined by the Ministry of Finance and Customs.
Pursuant to subparagraph (ı) of this article, the participation shares to be collected shall be collected by metropolitan municipalities within the boundaries of metropolitan municipalities against a receipt and deposited with the highest-ranking local revenue office. In other areas, the highest local administrative authority is authorized to collect these participation shares. These participation shares are collected by the tax office in accordance with the provisions of Law No. 6183 on the Procedures for the Collection of Public Receivables.
Thirty percent (30%) of the participation fees collected by the highest-ranking local administrative authority or metropolitan municipality mayors’ offices is transferred to the provincial special administration of the location where the collection took place or to the collecting metropolitan municipality for use in collection-related procedures and projects to prevent environmental pollution in the region; 70 percent is transferred to the Environmental Pollution Prevention Fund by the fifteenth day of the month following the month in which the participation shares were collected.
Relevant organizations that fail to complete this process on time shall pay the amount collected for the Fund plus a 10% surcharge. Legal action will be taken against those responsible for the delay.
The Fund administration and the Fund established under its authority are exempt from corporate tax, inheritance and gift tax on donations and contributions, stamp tax on all transactions they conduct, and from the bank and insurance transactions tax on interest accruing in their favor from loans they extend.
Use of the Fund
Article 19—The Environmental Pollution Prevention Fund is administered through the Undersecretariat of the Prime Ministry for the Environment.
The authorizing officer for the Fund is the State Minister to whom the Undersecretariat of the Environment is subordinate.
Expenditures from this Fund are not subject to the provisions of the General Accounting Law No. 1050 and the Law on Increases, Decreases, and Tenders No. 2490.
Documents relating to the Fund’s revenues and expenditures shall be submitted to the Board of Auditors for audit within three months following the close of the fiscal year.
The Fund may only be used for the following purposes:
Research activities aimed at preventing environmental pollution;
environmental cleanup;
educational activities aimed at preventing environmental pollution;
personnel placement;
procurement of technology and projects;
organization of project competitions;
and credit assistance to natural and legal persons for the construction of treatment facilities
(Amended: 3.3.1988-3416/7) The purchase of all types of equipment to be used in activities aimed at preventing environmental pollution and improving the environment, the maintenance and repair of such equipment, as well as the facilities and processes to be established for the manufacture of such equipment;
(i) Afforestation;
(i) Studies to be conducted for the improvement of animal and plant breeds;
matters and principles regarding the collection of the Fund’s revenues, their deposit into a State Bank to be designated, and their use shall be determined by regulation following the approval of the Ministry of Finance.
SECTION FIVE
Administrative Penalties
Article 20—Natural persons who violate this Law;
(Amended: June 4, 1986—Law No. 3301, Art. 2) a fine of 100,000 lira shall be imposed on those who fail to comply with the prohibition set forth in the first paragraph of Article 8; 500,000 lira for those who fail to fulfill the obligation set forth in the second paragraph of the same article, despite a notification made to the competent authorities in accordance with the prescribed procedure;
(Amended: June 4, 1986—Law No. 3301, Article 2) Those who fail to comply with the prohibitions set forth in the second paragraph of Article 9 by acting in violation of the protection and use principles specified in the Regulation shall be fined 100,000 lira;
(Amended: June 4, 1986—Article 3301/2) Those who act in violation of Article 13 by failing to comply with the restrictions specified in the regulation shall be fined 1,000,000 lira,
(Amended: June 4, 1986 – Law No. 3301, Article 2) Those who act in violation of Article 14 and fail to take the necessary precautions shall be fined 50,000 lira;
If the above acts are committed by organizations or businesses; the penalties specified in this article shall be imposed on such organizations and businesses at three times the amount; for organizations and businesses required to maintain books of account in accordance with the balance sheet principles under Article 182 of the Tax Procedure Law No. 213, these penalties shall be imposed at five times the amount.
Administrative Penalties to Be Imposed on Organizations and Businesses
Article 21—Under this Law;
(Amended: June 4, 1986—Law No. 3301, Article 3) organizations and businesses that fail to fulfill the obligation set forth in the first paragraph of Article 11 shall be fined 1,000,000 lira, 500,000 lira for organizations and businesses that fail to take the measures specified in the third paragraph of the same article,
(Amended: June 4, 1986—Law No. 3301, Article 3) 300,000 lira shall be imposed on organizations and businesses that fail to fulfill the reporting obligation specified in the second paragraph of Article 11,
(Amended: June 4, 1986—Article 3301/3) Organizations and businesses that fail to comply with the obligations specified in the second paragraph of Article 12 shall be subject to a fine of 500,000 lira.
If the organizations and businesses committing these acts are taxpayers required to maintain books of account on an accrual basis pursuant to Article 182 of the Tax Procedure Law No. 213, the fines specified in this article shall be imposed at triple the amount.
Fines for Ships
Article 22—Along all our coasts, in our territorial waters and inland waters—including the Sea of Marmara, the Straits of Istanbul and Çanakkale, our ports and gulfs, our natural and artificial lakes, and our rivers, vessels and other watercraft that fail to comply with the pollution prohibition set forth in the first paragraph of Article 8 of this Law;
(Amended: June 4, 1986 - Law No. 3301, Article 4) For tankers discharging ballast, a fine of 5,000,000 lira for those up to and including 1,000 gross tons, 10,000,000 lira; and for those over 5,000 gross tons, 50,000,000 lira;
(Amended: June 4, 1986 - Law No. 3301, Article 4) For vessels other than tankers that discharge any type of waste or bilge water, 5,000,000 lira for those between 18 (inclusive) and 1,000 (inclusive) gross metric tons, For vessels exceeding 1,000 gross tons:
10,000,000 lira (Amended: June 4, 1986 - Law No. 3301, Article 4) For vessels up to 18 (exclusive) gross metric tons and for vessels that pollute the sea or discharge bilge water in violation of shipping regulations (excluding exhaust emissions from two-stroke stern-mounted motorboats that operate by mixing oil with gasoline) shall be subject to a fine of 300,
000 lira.
Repeated Offenses
Article 23—In the event of a repeat of the offenses specified in Articles 20, 21, and 22 of this law, the fines shall be increased by onefold.
Authority Regarding Administrative Penalties (Amended: June 4, 1986—Law No. 3301, Article 2)
Article 24—(Amended: June 4, 1986—Law No. 3301, Article 5)
The penalties set forth in the preceding articles shall be imposed directly by the highest local administrative authority. These penalties shall be collected by the revenue office in accordance with the provisions of Law No. 6813 on the Procedures for the Collection of Public Debts. However, the penalties specified in Article 22:
On our coasts, straits, ports, and bays located within the boundaries of metropolitan municipalities, as well as in our lakes and territorial waters, penalties are imposed by the mayors of metropolitan municipalities. Vessels and other watercraft that fail to pay the fine immediately and in full, and that do not provide security or a surety in this regard, shall be prohibited from navigation.
If the fine is not paid, it shall be collected in accordance with the provisions of Law No. 6183 on the Collection of Public Debts.
Fines imposed by Metropolitan Municipalities are collected against a receipt and deposited with the local chief treasury office. Twenty percent (20%) of the fine deposited with the treasury office is transferred to the Metropolitan Municipality, and eighty percent (80%) is transferred to the Environmental Pollution Prevention Fund. Up to 50% of the amount transferred to the Environmental Pollution Prevention Fund is used for environmental health improvement projects, upon the recommendation of the Ministry of Health and Social Assistance.
In our waters located outside the boundaries of metropolitan municipalities, fines are imposed directly by Coast Guard boat commanders. Vessels and other seaworthy craft that fail to pay the fine immediately and in full are towed to the nearest suitable port and handed over to the public prosecutor’s office, and the provisions specified in paragraph (a) shall apply to such vessels.
For watercraft that cannot be propelled by their own engines, the necessary report is filed, and the matter is referred to the prosecutor’s office in the nearest provincial or district center on the coast.
The authority of local administrative officials to impose penalties for pollution occurring outside the boundaries of metropolitan municipalities, as well as pollution of the sea, ports, all lakes, and waterways, remains reserved. They shall conduct the necessary inspections in accordance with the above principles.
Fines collected against receipts shall be deposited with the local chief treasury offices.
The procedures for determining the offense and imposing fines on ships and watercraft, as well as the form, distribution, and control of the receipts to be used in the enforcement of such fines, shall be determined by regulations.
Appeals Against Administrative Fines
Article 25—An appeal against administrative fines may be filed with the competent administrative court no later than seven days from the date of notification of the fine.
An appeal does not suspend the enforcement of the penalty imposed by the administrative authority.
In cases where an oral hearing is not deemed necessary, the appeal shall be resolved as soon as possible through a review of the documents.
Penalties imposed following an appeal are final.
Penalties to Be Imposed by the Court
Article 26—If, while fulfilling the documentation obligation set forth in Article 12, a person prepares documents that are contrary to the truth, and the act does not warrant a more severe penalty, a prison sentence of one to three years shall be imposed.
Those who provide false or misleading information to the competent authorities while fulfilling the obligation set forth in Article 12 shall be sentenced to imprisonment for a term of six months to two years.
Penalties Provided for in Other Laws
Article 27—The administrative penalties to be imposed for the acts specified in this Law shall not preclude the application of penalties prescribed for such acts in other laws.
SECTION SIX
Miscellaneous Provisions
Liability of the Polluter
Article 28—(Amended: March 3, 1988—Law No. 3416, Article 8)
Those who pollute the environment or cause harm to it are liable for damages resulting from the pollution or degradation they cause, without requiring proof of fault;
The polluter’s liability for compensation for the resulting damages under general provisions remains reserved.
Incentives
Article 29—Activities related to the prevention and remediation of pollution shall benefit from incentive measures. For this purpose, new principles shall be introduced into the incentive system, which is determined at the beginning of each year, following consultation with the Prime Ministry’s Undersecretariat for the Environment.
The principles regarding incentive measures are set forth in a regulation. Natural and legal persons who commit acts resulting in the penalties specified in this Law shall not be eligible for the incentive measures set forth in this article if they fail to fulfill their obligations within the specified timeframe, and any incentive measures previously applied to them shall be suspended.
Applications to Administrative Authorities
Article 30—Natural and legal persons who have suffered harm from or become aware of an activity that pollutes or degrades the environment may file a complaint with administrative authorities to request the cessation of such activity.
Regulations
Article 31— (Amended: March 3, 1988—3416/9)
Regulations to be issued regarding the implementation of this Law shall be prepared by the General Directorate of the Environment after consulting with the relevant ministries. They shall be published in the Official Gazette and enter into force no later than five months after the Law takes effect.
Provisions Not to Be Applied
Article 32 – (Amended: March 3, 1988 – Law No. 3416, Article 10)
From the date of publication of the regulations to be enacted pursuant to this Act, with regard to the prevention of marine pollution, the penal provisions currently in force pursuant to Articles 4 and 11, as well as the provisions of the Transitional Article 1 of the Aquatic Resources Act No. 1380, as amended by Act No. 3288, shall no longer apply.
Supplementary Article 1—(This is the provision of the Supplementary Article introduced by Article 330/6 dated June 4, 1986, and has been numbered for continuity.)
This Act
, the Council of Ministers is authorized to increase the contribution shares to the fund provided for in paragraphs (a), (b), (c), and (d) of Article 18, as well as the penalty amounts specified in Articles 20, 21, and 22, by up to ten times.
Transitional Article 1—(This is the unnumbered transitional article of Law No. 2872 and has been numbered for continuity.
Until the relevant regulations specified in this Act enter into force, the application of penalties regarding marine pollution in accordance with the provisions of the Ports Act No. 618 shall continue to apply to ships and other seagoing vessels.
Transitional Article 2—(Added: March 3, 1988—Law No. 3416, Article 11)
Until the relevant regulations specified in Articles 12 and 13 of this Act enter into force, the import of all types of fuel, waste, and chemical substances is subject to the approval of the Minister of State to whom the General Directorate of the Environment is subordinate.
Entry into Force:
Article 33—This Law shall enter into force on the date of its publication.
Implementation:
Article 34—The provisions of this Law shall be implemented by the Council of Ministers.
LIST OF PROVISIONS REVOKING LEGISLATION AMENDING AND SUPPLEMENTING LAW NO. 2872
Legislation Repealed
Legislation Repealed or Provisions Repealed Date Number Article
Articles 4, 5, 6, and 7 of Law No. 2872 and other
Provisions of other laws that conflict with this Decree-Law June 8, 1984 Decree-Law No. 222 30
Article 5 of Law No. 2872 March 13, 1990 Decree-Law No. 409 12
Article 4 of Law No. 2872, Decree-Law No. 443 dated August 9, 1991, 43