The Environmental Law, which includes regulations on mucilage and zoning, and the Law on Amending Some Laws, entered into force after being published in the Official Gazette.
Increasing penalties for marine pollution
18 thousand liras in case of domestic waste water, detergent water, foam, exhaust gas washing system water and similar washing water or solid wastes originating from tankers, ships and other marine vehicles up to 5 gross tons, 18 thousand liras for those between 50 and 10 gross tons, Those with 50 to 100 gross tonnage will be fined 20 thousand lira, and those between 100 and 150 gross ton will be fined 30 thousand lira.
If the management of coastal facilities such as ports, shipyards, ship maintenance-repair, ship dismantling, marina do not notify the competent authorities of the pollution occurring within their management areas, 25 thousand liras shall be paid to the coastal facility managements, and the necessary measures for the collection and management of marine litter, waste and waste water. In case of failure to do so, these administrations will be fined from 25 thousand liras to 100 thousand liras.
These administrative fines will be applied to fishermen's shelters at a rate of 3/1.
Ships and other marine vehicles that use fuel oil containing more sulfur than the sulfur content determined in the international conventions and relevant regulations to which we are a party, as marine fuel, are 200 TL per gross ton for those up to one thousand gross tonnage, this amount for those between thousand and 5 gross ton and 25 per additional gross ton. and those with more than 5 thousand gross ton will be fined 5 lira per gross ton in addition to these amounts.
An administrative fine of up to 1 thousand liras will be imposed on those who accumulate, classify, store, transport, package and dispose of medical wastes from health institutions that produce 10 kilogram or less of medical waste per day, in violation of the prescribed prohibitions or restrictions.
The foreseen penalties will be doubled in Special Environmental Protection zones.
Obligation of waste water treatment plant
The electrical energy used in waste water treatment plants can be repaid up to one hundred percent.
In the Marmara Sea Hydrological Basin, including the Straits and Susurluk Basin, and in the whole of Istanbul, Bursa and Kocaeli, the metropolitan, provincial and district municipalities submit their work deadline plans to the Ministry of Environment, Urbanization and Climate Change within 6 months from the effective date of the article, At the end of 3 years, it will have to establish and put into operation advanced wastewater treatment plants.
Municipalities will have to allocate half of their wastewater revenues for the establishment and operation of wastewater treatment plants until these plants are established. These revenues will not be used for any other purpose.
Industrial areas, advanced wastewater treatment plants, places of worship and agricultural silo structures are excluded from the regulation that states that building heights cannot be freely determined in the zoning plans.
Arrangements for the projects of local administrations
With the law, waste water treatment and recovery within the scope of the investments of local administrations to prevent environmental pollution; treatment and disposal of sewage sludge; Within the scope of zero waste management, it is determined how the regulations regarding the construction, operation, maintenance and transfer of waste collection, transportation, processing, recycling and disposal facilities and lug buoys by the private sector will be implemented.
Authorization decision will not be sought for tender and contract transactions for the projects of local administrations with a total investment amount or total operating service cost below 100 million TL. Projects cannot be divided in order to stay below this value. After the projects in question are approved by the Ministry of Environment, Urbanization and Climate Change, the tender process can be started.
Authorization requests of local administrations for the projects to be realized with the Build-Operate-Transfer model will be submitted for the authorization decision after technical evaluation by the Ministry of Environment, Urbanization and Climate Change, together with the project documents.
Building identity certificate application is introduced
Build-Operate-Transfer projects within the framework of the deposit regulations within the scope of the Environment Law by the Turkish Environment Agency; Within the framework of deposit regulations, public investments made by the Turkish Environment Agency can be operated by the private sector under certain conditions and for a period of more than 10 years, in accordance with the procedures and principles of the law.
With the law, building identity certificate application is introduced to facilitate the monitoring of completed buildings. The definition of “building identity certificate” will be added to the Law on Building Inspection. This certificate will be hung on the building so that the technical and general information of the completed buildings can be accessed by both the owner of the building and the relevant citizens, as well as public officials, with the authorizations made in different modules by the Ministry.
Penalties to be applied to building inspection institutions
All test fees regarding the carrier system to be made by the laboratories will be included in the building inspection service fee in accordance with the current provision, thus, the expenses of those determined by the Ministry will be paid by the building inspection institution.
By expanding the scope of administrative fines and document cancellation procedures applied to laboratory organizations that do not fulfill their duties and responsibilities, an arrangement is made in order to prevent laboratory organizations from conducting illegal experiments in order to ensure the safety of life and property.
If three separate administrative fines are imposed on building inspection companies in the last 1 year, the provision that imposes a one-year ban from new jobs is repealed. If it is determined that the laboratory organizations are engaged in an activity that puts the honesty, competence and impartiality of the laboratory at risk, a penalty of one year ban from new employment will be applied.
If it is determined that the laboratory institution has received a price above the maximum price determined by the Ministry regarding the concrete test, it will be penalized with an administrative fine.
If it is determined that the laboratory establishment provides laboratory services on behalf of companies that produce or market concrete, ready-mixed concrete, concrete steel bars and similar construction materials, the Ministry will impose a one-year ban from hiring a new job.
In the event that it is determined that the laboratory institution has submitted a false report to the administrations or individuals, the license of the laboratory institution will be canceled and its activities will be terminated.
In the law, the situations in which the building inspection company will not be allowed to undertake an inspection task in a new job are listed as follows, by subtracting up to 120 days for each act from the list made in the electronic environment:
– Failure to assume the responsibility of inspection of the building by assigning the relevant inspection personnel by the building inspection organization within the period determined by the Ministry,
- Failure to sign the building inspection service contract within the period determined by the Ministry for reasons arising from the building inspection organization, for which the inspection responsibility is undertaken,
– Building inspection agency; Termination of the building inspection service contract for a reason originating from the building inspection institution, excluding the cases where the permit certificate is temporarily withdrawn, cancelled, banned from hiring a new job or the assignment made by the Ministry in the electronic environment for that building,
- After the construction permit is issued, it is understood that the building inspection company has made an incorrect assignment for that building due to false statements or information and documents.
In the event that the building inspection agency, which has been removed from the list in the electronic environment, is re-listed, it will be possible to be reassigned to the structure that caused it to be removed from the list.
If the building inspection company does not detect any contradictions that are in compliance with the approved static project in the annex of the license but not in accordance with the other projects in the annex of the license, an administrative fine of 20 percent of the service fee received by the Provincial Directorate of Environment, Urbanization and Climate Change to the building inspection company. will be applied.
In the inspection task carried out by the building inspection organization; In case of non-compliance with the approved static project attached to the license and not detecting this situation even though there is structural damage, in case the non-compliance or damage to the static project subject to the determination is not at the site of the determination, it does not perform the inspection within the specified time, the building inspection agency shall undertake a new inspection duty for a period of 1 year. Administrative sanction will be applied to prevent him from taking responsibility.
Blocked Bank Account system is being established
The law also includes the duties and authorities of the relevant administrations in the implementation of these projects, the establishment of the Blocked Bank Account system in order to avoid any disruptions, and the implementation of this system.
Project owner local administrations; The Bank will transfer the amount corresponding to the payment amount determined in the implementation contract, from the revenues collected according to the project subject, nature and characteristics, to the Project Account of the Blocked Bank. Within the framework of the payment regulations in the implementation contract, only payments and transfers to be made within the scope of the project will be allowed from the Blocked Bank Project Account.
In case the local administration fails to make the said payments from the Blocked Bank Project Account, upon the application of the incumbent company, this amount will be transferred to the Blocked Bank Project Account by making a deduction from the shares transferred from the general budget tax revenues, upon the request of the Ministry of Environment, Urbanization and Climate Change, by the Ministry of Treasury and Finance or Iller Bank. will be transferred by the end of the following month. This amount to be transferred will not exceed 10 percent of the amount to be sent to the relevant local administration after deductions are made.
The superficial rights to be established for these facilities for a period of less than 30 years will also be considered independent and permanent.
Buildings that have received building identity certificates will be inspected every 5 years.
According to the law, building identity certificates will be given to the buildings that are at the completion stage. Buildings that have received building identification certificates will be inspected by building inspection organizations in 5-year periods.
These inspections will be carried out by building inspection organizations determined electronically by the Ministry of Environment, Urbanization and Climate Change. The price to be paid to the building inspection organizations for the services they provide regarding their inspections will be determined by the Ministry.
Among the beneficiary families, who are covered by the articles of the Settlement Law, which cover the issues of "settlement of immigrants and those whose places have been expropriated", those who want to pay their debts in advance at the contract stage will receive a 65 percent discount on the loan amount.
General Directorate of Land Registry and Cadastre, purchasing, maintenance, repair, construction, insurance, rental, research, promotion, representation, training expenses, project expenses to be carried out abroad, cadastral services, renewal, updating and all similar Expenditures can be met from revolving fund revenues.
The amount of capital allocated to revolving fund enterprises to be met from their own resources can be increased up to 5 times by the President, and the increased capital will be covered by the profits obtained.
No revolving fund fee will be charged for the title deeds of public administrations within the scope of the general government, village legal entities and development agencies regarding their duties enumerated by laws and Presidential decrees, and for data sharing, exclusively regarding data in the electronic environment. From the correction of the errors caused by the General Directorate units, from the correction, completion and recovery of the material errors ex officio by the civil registration office without the fault of the relevant persons, from the identity information correction transactions made in the land registry, from the transactions made ex officio by the land registry directorates, from the family residence annotation transactions and from the floor easement to the condominium ex officio. No revolving fund fee will be charged for transition transactions. Procedures and principles regarding the payment of revolving fund service fees may be regulated in protocols or contracts regarding data sharing.
The Law amends the Law on Supporting the Development of Forest Villagers, Evaluation of Areas Taken Out of Forest Boundaries on behalf of the Treasury, and Sales of Agricultural Lands Owned by the Treasury.
Accordingly, the areas whose boundaries were determined by the President of the Republic, from the places where there is no scientific and scientific benefit in conservation as a forest, but on the contrary, it was determined that it would be beneficial to be converted into agricultural land, were determined by the General Directorate of Forestry in order to determine the new settlements of Darlık and Esenceli neighborhoods, which were affected by the construction of Darlık and Ömerli dams in Istanbul Şile. It will be taken out of the forest borders and registered ex officio in the name of the Treasury in the land registry.
The procedures and principles regarding entitlement, debiting and encumbrance in the new settlement will be determined by the President.
Amendment to the Law on Transformation of Areas Under Disaster Risk
With the amendment made in the Law on the Transformation of Areas Under Disaster Risk, in case the detection of risky structures is prevented, a determination will be made with the support of law enforcement in order to ensure security.
Buildings that are determined by the Ministry of Environment, Urbanization and Climate Change or the administration to be urgently evacuated or demolished due to the dangerous condition of the land where the building is located or due to damage will be considered as risky structures. Relocation assistance can be provided to owners, tenants and limited real rights holders on the condition of residing in the building.
If the immovables in the application area have been transferred to the contractor in the title deed based on the contracts deemed to be terminated, the new immovables resulting from the application will be registered ex officio in the name of the former owners who transferred to the contractor, taking into account the entitlement works.
Rights and annotations such as mortgage, precautionary lien, lien and usufruct right in the land registry of the immovable property of the beneficiary before the transformation will be continued over the value of the immovable deposited in the name of the beneficiary, the rights and annotations in the land registry will be deed upon the request of the Ministry of Environment, Urbanization and Climate Change. It will be canceled ex officio by the directorate.
Geographical data collection
With the amendment made in the Law on the Amendment of Geographical Information Systems and Certain Laws, natural persons and legal entities of private law collect, produce, share or sell geographical data within the scope of Turkey's National Geographical Data Responsibility Matrix; Subject to the permission of the Ministry of Environment, Urbanization and Climate Change, provided that it has the necessary documents to carry out commercial activities, without prejudice to the provisions of the legislation on intellectual, industrial and commercial rights, the Law on the Protection of Personal Data and special laws.
The software within the scope of the geographic information system will be certified by the Ministry in order to ensure compliance with the National Geographic Information System standards.
Sensors and equipment that collect geographical data will be recorded in the electronic environment to be created by the Ministry.
For software operating in the field of defense, security and intelligence, certification and registration will not be required.
If the geographical data permit is not obtained by the Ministry of Environment, Urbanization and Climate Change, at least 10 days will be given to the owner of the activity from the date of notification. The activities of those who do not apply within the time limit will be suspended and an administrative fine of 5 times the permit fee will be imposed. If the layout border area cannot be determined, the administrative fine will be calculated over one thousand 1/1000 layouts.
An administrative fine of 100 thousand liras will be applied if a certificate is not obtained for the software within the scope of the geographic information system. If a certificate is not received within 3 months from the date of penalty, the same amount of penalty will be applied for each detection of use without certificate.
It is possible to appeal to the authorized administrative court within 30 days against the administrative fine.
By the Ministry of Environment, Urbanization and Climate Change, to real and private legal entities within the scope of their cooperation; In the subjects of collecting, producing, sharing or selling geographical data within the scope of the National Geographical Data Responsibility Matrix of Turkey, data mining and generating new data; The license will be granted, without prejudice to the provisions of the legislation on intellectual, industrial and commercial rights, the Law on the Protection of Personal Data and special laws.
In the event that the data shared with the Ministry within the scope of the license is given to third parties in return for a price, the revenues to be obtained will be deposited into the relevant account of the Ministry of Environment, Urbanization and Climate Change Revolving Fund Management to be used in National Geographic Information Systems services. License fees will be determined by the ministry and will be published in the Revolving Fund Unit Price List every year.
Turkish Environment Agency, in areas under the jurisdiction and disposal of the state within the scope of the Coastal Law; It will establish and operate eyebolt and buoy systems, provide waste collection services to marine vessels and ensure that these services are provided. In case of need, the agency will be able to carry out these activities by establishing companies with private law legal personality.
According to the article created in the General Assembly, the rights such as mortgage, precautionary lien, lien and usufruct right in the registry of the immovables transferred to the ministry, TOKİ or the administration through compromise in the areas and parcels within the scope of the Law on the Transformation of Areas under Disaster Risk continue over the sale price after the sale. it will.
In the event that the sale transaction is canceled by a judicial decision within the scope of the law, the land or the share of the land sold will be registered ex officio in the name of the former owner, unless it has been transferred to a third party after the sale or has not been subjected to an application that makes direct registration in the name of the owner before the sale legally or de facto impossible, and Until the refund of the sale price is provided, a legal mortgage will be established and registered in favor of the buyer in the amount of the sale price.
Regulations for Building Cooperatives
Limited to the building cooperatives in Kayseri, in case the conditions are met: “constructions are delivered in stages”, “not abandoned”, “the price accrued by the cooperative in the phase of construction is not paid to the owner of the independent section” and “the deed transfer of the house to the member is not made by the cooperative”. For the periods after the title deed transfer of the house, the debts made by the building cooperative under any name, excluding the management expenses, or the transactions related to the transfer of the receivables made by the cooperative to the third parties in this context, will be deemed null and void.
As a result of the cadastral works carried out within the borders of Afyonkarahisar Kocatepe town, the immovables in the protected areas other than the 1st and 2nd degree archaeological sites, from the immovables identified and registered in the name of the Treasury, due to the fact that they remain in the protected areas even though the possessor conditions are met, the persons specified as the possessor or the right owner in the cadastral records, or In case of application to the Ministry of Environment, Urbanization and Climate Change units until December 31, 2022, their names will be registered.
This provision will also cover the persons or legal heirs of the immovables whose lawsuits are pending.