July 17^th 2008, THURSDAY

From the Ministry of Environment and Forestry:

BY-LAW ON ENVIRONMENTAL IMPACT ASSESSMENT (EIA)

CHAPTER ONE

Purpose, Scope, Basis, Definitions and Abbreviations

Purpose

ARTICLE 1 – (1) The aim of this Bylaw is to regulate administrative and technical principles and procedures for the process of Environmental Impact Assessment.

Scope

ARTICLE 2 – (1) This Bylaw covers;

a) Monitoring and inspection of the projects which are within the scope of Environmental Impact Assessment before, during, and after operational period,

b) The type and contents of projects for which the Environmental Impact Assessment Application File, Environmental Impact Assessment Report, and Project Introduction File will be required,

c) Administrative and technical principles and procedures to be complied with during Environmental Impact Assessment process,

ç) The studies to be conducted in order to constitute a Scoping and Examining & Evaluation Commission for Environmental Impact Assessment,

d) Training studies which are required for effective and extensive implementation of Environmental Impact Assessment system and for strengthening its institutional capacity.

Legal Basis

ARTICLE 3- (1) This Bylaw was prepared on the basis of Article 10 of Environment Law No. 2872 dated 9.8.1983.

Definitions and Abbreviations

ARTICLE 4- (1): For the purposes of this Bylaw;

a) Ministry: Refers to the Ministry of Environment and Forestry,

b) Environment; Refers to the biological, physical, social, economical, and cultural environment in which living creatures maintain their relations and are in interaction with each other throughout their life,

c) Environmental Impact Assessment (EIA): Refers to the studies to be carried for determining the likely positive or negative impact that the projects will have on the environment; studying possible environmental protection measures relating to these projects in order to minimize negative effects; determining and assessing selected technological alternatives and locations; and monitoring and controlling the implementation of such projects,

ç) Environmental Impact Assessment Introduction File: Refers to the file to be prepared in accordance with the General Format attached to Annex III of this Bylaw,

d) Environmental Impact Assessment General Format; Refers to the general format in Annex III of this Bylaw which covers the specifications, location, likely impacts, and envisaged measures of the projects planned and shown in Annex I of this Bylaw, providing a general introduction of the project and shall be the basis for the preparation of Environmental Impact Assessment introduction file,

e) Environmental Impact Assessment Report: Refers to the report to be prepared in accordance with pre-determined special format for a project shown in Annex I List of this Bylaw or such projects for which “Environmental Impact Assessment is Required” decision has been given by the Ministry,,

f) Environmental Impact Assessment Report Special Format: Refers to the format which shall be the basis for the preparation of Environmental Impact Assessment Report and which defines the main headings to be examined by the Scoping and Examining & Evaluation Commission by taking into consideration major environmental aspects of the project as defined under the main topics specified in the project presentation general format in Annex III of this Bylaw,

g) The Decision of “No Environmental Impact Assessment is Required”: Refers to the Ministry’s Resolution which states that the projects subject to selection and elimination criteria do not have important environmental effects and that the preparation of Environmental Impact Assessment Report is not required,

ğ) The Decision of “Environmental Impact Assessment is Required”: Refers to the Ministry’s Resolution which states that the environmental impacts of the projects subject to selection and elimination criteria should be examined in more detail and that the preparation of Environmental Impact Assessment Report is required,

h) The Decision of “Environmental Impact Assessment is Positive”: Refers to the Ministry’s Resolution which, by considering the evaluations of Scoping and Examining & Evaluation Commission on Environmental Impact Assessment Report, states that as result of the measures to be taken, the negative environmental impact of the project can be kept at acceptable levels in accordance with the legislation and scientific principles and thus the project is applicable,

ı) The Decision of “Environmental Impact Assessment is Negative”: Refers to the Ministry’s Resolution which, by considering the evaluations of Scoping and Examining & Evaluation Commission on Environmental Impact Assessment Report, states that the realization of project is unadvisable due to the negative impacts of the project on the environment,

i) Environmental Impact Assessment Process: Refers to the process which starts with the application submitted for the fulfillment of environmental impact assessment of the planned project as envisaged in Articles 8 and 16 of this Bylaw and ends with the determination that post-operational works are appropriate,

j) Sensitive Localities: Refers to areas which are sensitive to environmental effects because of their biological, physical, economical, social, and cultural characteristics or where the existing pollution load has reached levels which are harmful to the environment and public health and vicinities which, as given in Annex V of this Bylaw, should be protected in accordance with national legislation and international conventions to which our country is a party to,

k) Impact: Refers to direct or indirect, short- or long-term, temporary or permanent negative or positive changes in the environment caused by preliminary, construction, operation, or post-operation stage of a Project,

l) Impact Area: Refers to the area in which the environmental aspects are effected in a negative or positive way before, during, or after operation of a planned project,

m) Public: Refers to the citizens of Republic of Turkey, foreign citizens residing in Turkey, and associations, organizations or groups consituting one or more such legal persons in accordance with national legislation,

n) Public Participation Meeting: Refers to the meeting which is organized before scoping and special format determination meeting in order to inform the public about project and seek their opinions and recommendations regarding the project,

o) The public concerned: Refers to the public affected or likely to be affected by the planned Project,

ö) Monitoring and control: Refers to the complete works which are carried out to ensure that the project is executed in line with the conditions which were the basis for the decision and without causing negative impact on environmental values during construction, operation, and post-operation stages after decision of "No Environmental Impact Assessment is Required” or “Environmental Impact Assessment is Required” has been made,

p) Scope and Special Format Determination Meeting: Refers to the meeting to be made after Public Participation Meeting in respect of projects which are subject to Environmental Impact Assessment process,

r) Commission: Refers to the Scoping and Examining & Evaluation Commission which is established by the Ministry in order to determine the scope and criteria of the special format given to a project and to examine and assess the Environmental Impact Assessment Report which is prepared in line with these principles,

s) Project: Refers to the investment which is planned to be realized,

ş) Project Presentation File: Refers to the file which is prepared in order to determine whether application of Environmental Impact Assessment is required for projects which are subject to Selection and Elimination Criteria,

t) Project Owner: Refers to the real or legal person undertaking execution of all the stages of a project which is subject to this Bylaw,

u) Selection and Elimination Criteria: Refers to the criteria which are the basis for preparation of Project Presentation File and which are given in Annex IV of this Bylaw.

PART TWO

General Provisions

Authority

ARTICLE 5 – (1) The authority to give “Environmental Impact Assessment is Positive”, “Environmental Impact Assessment is Negative", “Environmental Impact Assessment is Required”, or “No Environmental Impact Assessment is Required” decision for the projects subject to this Bylaw is the Ministry. However, the Ministry may, when deemed necessary and by determining the limits, assign the authority to give “Environmental Impact Assessment is Required”, or “No Environmental Impact Assessment is Required” decision to the Governorates.

The obligation to prepare environmental impact assessment introduction file, environmental impact assessment report, and project presentation file

ARTICLE 6 – (1) Real and legal persons planning to realize a project within the scope of this Bylaw are obliged to prepare, submit to the relevant authorities the Environmental Impact Assessment Application File and Environmental Impact Assessment Report for the projects subject to Environmental Impact Assessment and Project Presentation File for the projects subject to Selection and Elimination criteria and to realize their project in accordance with the decision made by the relevant authorities.

(2) Public institutions and organizations are obliged to provide any and all information, document, and opinion on the subject which the project owners request pursuant to fulfillment of the provisions of this Bylaw.

(3) No incentive, approval, permission, construction and usage license can be given, no investment can be initiated, nor any tender be awarded for projects subject to this Bylaw unless unless “Environmental Impact Assessment is Positive” decision or “No Environmental Impact Assessment is Required” decision is made.

PART THREE

Environmental Impact Assessment Application Method

Projects which are Subject to the Environmental Impact Assessment

ARTICLE 7 – (1) It is obligatory to prepare Environmental Impact Assessment Report;

a) for the projects which are listed in Annex I of this Bylaw,

b) for the projects which are subject to Selection and Elimination Criteria and for which "Environmental Impact Assessment is Required" decision has been made, and

c) in case of an increase and / or expansion in the capacity of a project within or outside the scope of this Bylaw, for projects whose total capacity increase is equal to or above the threshold value given in Annex I of this Bylaw.

Initiating Environmental Impact Assessment Process and Establishing the Commission

ARTICLE 8 – (1) The project owner shall apply to the Ministry with a petition and 2 copies of Environmental Impact Assessment Application Files which are prepared based on the Environmental Impact Assessment general format as defined in Annex III of this Bylaw.

(2) The Ministry shall examine the information and documents in this application file for conformity. Files which have not been prepared as required shall be returned to the project owner for completion. The project owner shall, after completion of deficiencies, submit the file again to the Ministry.

(3) If it is concluded that the file was prepared correctly, the Ministry shall, by taking into account the information given in the application file, establish a Commission consisting of representatives of relevant institutions and organizations, officials of the Ministry, and project owner and / or representatives.

(4) A copy of Environmental Impact Assessment application file, as evidence of the application for the project, shall be sent to the relevant Governorate by the Ministry. The governorate shall announce to the public that the project application has been made, Environmental Impact Assessment process has been initiated, and the opinions, questions, and recommendations about the project may be submitted to the Governorate or Ministry until completion of Environmental Impact Assessment process by such methods as announcement, billboard, internet, etc. In addition, the Ministry shall announce that the Environmental Assessment Process regarding project has been initiated and information regarding the Environmental Impact Assessment process may be obtained also by internet. The public shall be able to communicate their opinions, questions, and recommendations regarding the project to above mentioned authorities.

(5) The Ministry shall request the project owner to reproduce the application file in a number to coincide with the number of the Commission members. The transactions envisaged in this article shall be completed within three working days. For projects for which “Environmental Impact Assessment is Required” decision has been made, the project owner shall apply to the Ministry with a petition to which this decision and project presentation file are attached. This file shall be processed as the application file. The Ministry shall examine this file and request the project owner to reproduce the number of files to coincide with the number of assigned Commission members.

(6) The Ministry shall send a copy of the application file attached to a letter stating the place and date of public participation meeting and scope determination meeting to the members of the Commission and invite the Commission for the first meeting. The Commission shall be chaired by the representative of the Ministry and secretariat services of the Commission shall be carried out by the Ministry.

(7) The Ministry, when deemed necessary, and also by taking into consideration the subject and type of project and the characteristics of the location assigned for the project, may invite representatives of universities, institutions, research and expert bodies, professional associations, trade unions, associations and non-governmental organizations as members to the commission meetings.

(8) It is essential that the members who represent the institutions and organizations in the Commission have sufficient professional knowledge and experience and are authorized to give opinions on the subjects limited with the task field of the institutions and bodies which they represent.

Public Participation Meeting

ARTICLE 9 – (1) Prior to Scope and Special Format Determination Meeting of the Commission, a public participation meeting the date of which shall be determined in agreement with the Ministry shall be organized by the owner of the project at the location of the project in order to inform the public and get their opinions and recommendations on the project.

(2) Prior to Environmental Impact Assessment process, the project owner may organize studies such as surveys or seminars in order to inform the public.

a) The place of the meeting shall be determined by the Governorate and the owner of the project and submitted to the Ministry by the Governorate. Care shall be taken in determination of the meeting place in such a way that easy access is ensured to the public most likely expected to be affected by the project.

(b) The project owner shall have an announcement published in a national newspaper and a local newspaper of that vicinity at least 10 days before the date of meeting stating the date, time, place, and subject of the meeting.

c) The meeting shall be chaired by the Provincial Director of Environment and Forestry or an official assigned by him. In the meeting, it shall be ensured that the public is informed about the project and their opinions, questions, and recommendations are taken. The Chairman may ask the participants to give their opinions in writing. The minutes of the meeting, one copy to be kept at the Governorate, shall be sent to the Ministry.

(3) The Governorate shall announce to the public the time schedule and contact information regarding public participation meeting and process in which the public will be able to communicate their opinions and recommendations. Public opinions and recommendations shall be submitted to the Commission in accordance with the time schedule.

(4) The Commission Members, as specified in Article 8, may examine the project application area prior to Scope and Special Format Determination Meeting and may participate in the public participation meeting in line with the date communicated to them. The secretariat service regarding public participation meeting works shall be carried out by the Provincial Directorate of Environment and Forestry.

Scope and Special Format Determination Meeting of Commission

ARTICLE 10 – (1) Public participation, information, scoping and special format submission procedures shall be completed within twelve working days.

(2) In the first meeting of the Commission aimed for Scope and Special Format Determination ;

a) The project owner shall inform the Commission about his project.

b) Ministry and / or Provincial Directorate of Environment and Forestry shall inform the Commission about public participation meeting. In addition, the those Commission members who have participated in the public participation meeting shall give their opinions and recommendations.

c) In order to determine the scope in which the project should be assessed, the major environmental impacts of the project shall be considered under the main headings in the Environmental Impact Assessment general format in Annex III of this Bylaw be detailed and the scope determined.

ç) Issues which should be added or removed from the format shall be determined by the Commission. The working group which shall prepare the special format and Environmental Impact Assessment Report shall be determined also by taking into account the opinions and recommendations set forth in the public participation meeting.

d) The special format specified by the Commission shall be given by the Ministry to the project owner and / or its representative in the specified time period determined in this article.

(3) Project owner is obliged to submit the Environmental Impact Assessment Report to the Ministry within one year from the submission of the special format. If the Environmental Impact Assessment Report is not submitted or a justified additional time extension is not requested within this period the applications shall be considered void. If the time extension request of project owner is accepted by the Ministry a single additional time extention not exceeding six months can be granted..

Submission of Environmental Impact Assessment Report to the Ministry

ARTICLE 11—(1) Two copies of Environmental Impact Assessment Report, attached to a petition, shall be submitted to the Ministry by the Project owner. The Environmental Impact Assessment Report shall be inspected by the Ministry for compliance with the general format and whether or not it has been prepared by the professional specialists who should have participated in the working group shall be finalized within three working days. In case it is concluded that the Environmental Impact Assessment Report is not compliant with the special format and / or it has not been prepared by the specified working group, the Environmental Impact Assessment Report shall be returned to the project owner in order to fulfill these conditions. In case the revized Environmental Impact Assessment Report is not submitted to the Ministry within three months the applications shall become invalid.

(2) The Environmental Impact Assessment Report which is concluded to comply with the special format shall be reproduced by the project owner in sufficient number and submitted to the Ministry. The Ministry shall send to the members of the Commission the report attached to a letter indicating the date and place of the meeting to be held for inspection and assessment of Environmental Impact Assessment Report.

(3) Initiation of examination and assessment process of project and submission of the Environmental Impact Assessment Report to public opinion shall be announced by the Ministry and Governorate by appropriate means of communication such as billboards, announcement, internet, etc.

(4) Those who wish to examine Environmental Impact Assessment may examine the report in the Ministry center or Provincial Directorate of Environment and Forestry within the specified time schedule beginning from the announcement date and communicate their opinions to the Ministry or Governorate. The opinions notified to the Governorate shall be communicated to the Ministry. These opinions shall be taken into account by the Commission and reflected in the Environmental Impact Assessment Report.

Working procedure of the Commission and Examination of the Environmental Impact Assessment Report

ARTICLE 12 – (1) The Commission shall examine and assess the Environmental Impact Assessment Report within ten working days from the first examination and assessment meeting.

(2) The Commission shall convene with the simple majority of the number of members. The members of Commission shall be assigned within the framework of their authorities, tasks, and responsibilities in the subjects relating to the central or local institutions and organizations which they represent and shall deliver opinions on behalf of their institutions and organizations. The Chairman may ask the participants to give their opinions in writing. The requests of non participation in future meetings by the representatives delivering their opinions in writing shall be assessed by the chairman of the Commission.

(3) The Commission may request the project owner to give detailed information about his project, to provide tools and equipment, and to carry out or have analysis, experiments and measurements carried out, at Ministerial laboratories or private or public institution laboratories which have been authorized by the Ministry.

(4) A witness sample may be utilized if water, soil, etc analyses results are controversial.

(5) The Commission may, if deemed necessary, carry out examinations at the location where the project will be realized or at similar facilities through appointed agency members.

(6) If major deficiencies and errors are discovered in the Environmental Impact Assessment Report the Commission shall request the project owner or relevant institutions to eliminate the deficiencies and correct the errors. In this case the examination and assessment process shall be ceased. The Commission shall not resume the studies until necessary corrections are made and deficiencies are eliminated.

(7) After the Project owner has made necessary corrections and re-submitted the Environmental Impact Assessment Report to the Ministry, the Ministry shall invite the Commission to convene. Upon conducting of the meeting the examination and assessment process shall resume from where they left off.

(8) The project owner can be requested to make changes in the Environmental Impact Assessment Report at most twice. If the changes made are found insufficient by the Commission the case shall be minuted and the application shall be deemed invalid by the Ministry.

(9)The Commission, during examination and assessment meetings, shall examine and assess;

a) Whether Environmental Impact Assessment Report and its appendices are sufficient and appropriate,

b) Whether the examinations, calculations, and evaluations are based on a sufficient level of data, information, and documentation,

c) Whether the likely environmental impacts of the project have been sufficiently and comprehensively examined,

ç) Whether the necessary measures to dissipate likely negative effects have been determined,

d) Whether the public participation meeting has been duly concluded, and the issues highlighted in the public participation meeting have been sufficiently resolved.

(10) The Commission shall finalize its studies within the period specified in the first paragraph. The assessments made by the Commission shall be written and signed by the members to the minutes.

Submission of Final Environmental Impact Assessment Report and Relevant Documents to the Ministry

ARTICLE 13—(1) The project owner shall submit to the Ministry following documents within five working days from the completion of examination and assessment meetings:

a) Two copies of final Environmental Impact Assessment Reports which has been examined and finalized by the Commission,

b) Commitment letter which states that the Final Environmental Impact Assessment Report and its appendices are under its commitment and notarized list of signatories. Public institutions and organizations are not required to submit list of signatories.

(2) If the documents specified in Paragraph 1 are not submitted within the envisaged period without justification the Final Environmental Impact Assessment Report shall be deemed invalid.

The Decision of “Environmental Impact Assessment is Positive” or “Environmental Impact Assessment is Negative”

ARTICLE 14 – (1) Environmental Impact Assessment Report finalized by the Commission shall be opened by the Provincial Directorate of Environment and Forestry and Ministry to receive the opinions and recommendations of the public for ten working days. the Ministry shall take these opinions into account during the decision taking process and said report shall be requested to be reproduced in accordance with the number of Commission members within three working days. Reproduced Final Environmental Impact Assessment Report shall be submitted to the Ministry within five working days.

(2) The Ministry shall give an “Environmental Impact Assessment is Positive” or “Environmental Impact Assessment is Negative” Decision within five working days by taking into account the studies of the Commission on the Report and communicate this decision to the project owner and relevant institutions and organizations in writing. The Governorate shall, by appropriate communication means, announce to the public the content of the decision, reasons constituting the basis for the decision, and that the opinions and recommendations of the public have been reflected in the Final Environmental Impact Assessment Report.

(3) In case that the required investments are not initiated within seven years from the date of “Environmental Impact Assessment is Positive” decision the “Environmental Impact Assessment is Positive” decision shall be deemed invalid.

(4)As per projects for which “Environmental Impact Assessment is Negative” decision was made, the project owner may make a new application in case there is a change in all of the conditions which caused “Environmental Impact Assessment is Negative” decision to be taken..

PART FOUR

Selection and Elimination Criteria Application Method

ARTICLE 15 – (1) The projects;

a) in Annex II of this Bylaw,

b) in case of an increase and / or expansion in the capacity for projects within or outside the scope of this Bylaw, or projects whose total capacity increase is equal to or above the threshold value given in Annex II of this Bylaw are subject to the Selection and Elimination Criteria.

Application and Examination

ARTICLE 16 – (1) The project owner shall submit a petition to the Ministry and request for an examination to determine whether an Environmental Impact Assessment application is required for his project with three copies of Project Presentation Files which shall be prepared according to Annex IV of this Bylaw, a commitment letter which states the information and documents in the presentation File and petition to be true, and a list of signatories.

(2) The Ministry shall examine the project presentation file in line with the criteria specified in Annex IV of this Bylaw within five working days. In case any deficiency in the scope of information and documents are detected in the file the Ministry shall request the project owner to correct the deficiencies.

(3) Project presentation files which are not corrected for deficiencies and submitted to the ministry within six months shall be returned to the project owner and deemed invalid.

(4) The Ministry may, when deemed necessary, examine or have the project area examined on-site.

The Decision of “Environmental Impact Assessment is Required” or “No Environmental Impact Assessment is Required”

ARTICLE 17 – (1) The Ministry shall examine and assess the projects given in (a) and (b) sub-clauses of paragraph (1) of Article 15 in line with the criteria specified in Annex IV of this Bylaw. At this stage, the Ministry, if deemed necessary, may request the project owner to give comprehensive and detailed information regarding the project, to provide required instruments and tools, and to make or have analyses, experiments, and measurements made by institutions with acceptable adequacy..

(2) The Ministry shall complete its studies within fifteen working days, give the “Environmental Impact Assessment is Required” or “No Environmental Impact Assessment is Required” decision within five working days, and communicate this decision to the Governorate and project owner. The Governorate shall announce this decision to the public.

(3) In case the required investments are not initiated within five years from the date of “No Environmental Impact Assessment is Required” decision, the “No Environmental Impact Assessment is Required” decision shall be deemed invalid.

(4) The justified decision for projects for which “Environmental Impact Assessment is Required” decision has been given shall be communicated to the Ministry. The projects for which “Environmental Impact Assessment is Required” decision has been given pursuant to Article 7 of this Bylaw are subject to Environmental Impact Assessment. according to Article 8 of this Bylaw in case the Environmental Impact Assessment process is not initiated within one year the application shall be deemed invalid.

PART FIVE

Monitoring and Control

Monitoring and Control of the Investment

ARTICLE 18 – (1) The Ministry, as per the projects for which “Environmental Impact Assessment is Positive” or “Environmental Impact Assessment is not required” decision has been taken, shall monitor and control whether the issues which are envisaged in the Environmental Impact Assessment Report or the project presentation file prepared according to Annex IV of this Bylaw and which have been committed to by the project owner are fulfilled or not.

(2) The Ministry, if deemed necessary, shall cooperate with relevant institutions and organizations in fulfilling this task.

(3) Project owner or its authorized representative, following “Environmental Impact Assessment is Positive” or “Environmental Impact Assessment is not required” decision, is obliged to communicate to the Ministry or Governorate the monitoring reports for initiation, construction, operation, and post-operation periods of the investment..

Stopping Applications Contradictory with the Bylaw

ARTICLE 19 – (1) As per the projects in scope of this Bylaw;

a) The activities initiated without Environmental Impact Assessment shall be ceased by the Ministry and those initiated without preparing a project presentation file shall be ceased by the highest administrative authority of that locality. The decision for stay of investment shall not lifted unless "Environmental Impact Assessment is Positive" or "No Environmental Impact Assessment is Required" decision is taken. The case shall be processed according to the relevant provisions of Environment Law No 2872.

b) If after the "Environmental Impact Assessment is Positive" or "No Environmental Impact Assessment is not Required" decision has been taken it is determined that the project owner does not fulfill the conditions envisaged and committed in the Final Environmental Impact Assessment Report or project presentation file, the Ministry / Governorate may grant a single time extention in order to ensure the fulfillment of such conditions by the project owner,. If the committed issues are not fulfilled at the end of this period the investment shall be ceased. This decision for stay of investment shall not be removabable unless all the commitments are fulfilled by the project owner. The case shall be processed according to the relevant provisions of Environment Law No 2872

PART SIX

Miscellaneous and Last Provisions

Time Extensions and Cessation

ARTICLE 20 – (1) The time periods specified in this Bylaw, upon request of project owner and approval of Ministry or in cases which the Ministry directly deems necessary, may be extended or ceased by the Ministry by providing justification. The time periods given to the project owner to correct deficiencies in reports and carry out additional transactions shall not be included in the Environmental Impact Assessment process.

Change of Project owner

ARTICLE 21 – (1) In case the project owner changes for any reason the new owner shall be deemed to have committed and engaged all the commitments and obligations of former project owner which shall be communicated to the Ministry in writing.

Strengthening of Environmental Impact Assessment Applications

ARTICLE 22 – (1) The Ministry may, in relation with the Environmental Impact Assessment applications and when deemed necessary, carry out any and all kinds of training, planning, program, and project studies; prepare books, booklets, guidelines, and all types of documents; and organize seminars and meetings in cooperation with domestic and foreign institutions and organizations.

Military Projects

ARTICLE 23 – (1) Environmental Impact Assessment applications of military projects shall be determined by the Ministry by considering the opinion of the relevant institution.

Extra-Ordinary Situations and Special Provisions

ARTICLE 24 – (1) The procedure to be applied for the following projects shall be determined by the Ministry:

a) Projects which are planned to be re-establish in part or wholly such investments in areas where they have been demolished, destroyed, ruined, or damaged as result of natural disasters,

b) Projects deemed appropriate by the Ministry upon the application of project owner for the purpose of obtaining loans for projects which are not subject to Environmental Impact Assessment Bylaw or which are subject to Selection and Elimination Criteria or for similar financial reasons.

c) Projects which are planned to be established in Organized Industrial Zones, Specialist Organized Industrial Zones, Industrial Zones, Free Zones, areas for which Strategic Environmental Assessment will be carried out, Potential Aquaculture Production Areas, and Technological Development Zones,

ç) Projects which include advanced technolog, modifications or which prototype production projects,

d) Projects including any and all modifications to be made on the projects without any threshold value which are specified in Annex I or Annex-II of this Bylaw.

Integrated Projects

ARTICLE 25 – (1) In case an integrated project consisting of several projects each of which is subject to this Bylaw is planned, the Ministry shall request the project owner to prepare a single Environmental Impact Assessment Application File / Project Presentation File for the integrated project.

Certificate of Competency

ARTICLE 26 – (1) The institutions and organizations which shall prepare Environmental Impact Assessment Application File, Environmental Impact Assessment Report, or Project Presentation File are obliged to obtain a Certificate of Competency from the Ministry. The principles and procedures for giving Certificate of Competency, monitoring of the institutions and organizations having Certificate of Competency, and termination of this certificate shall be regulated by the Circular Letter to be prepared by the Ministry.

Circular Letters

ARTICLE 27 – (1) The Ministry, when deemed necessary, may issue circular letters regarding implementation of this Bylaw.

Abolished Regulation

ARTICLE 28 - (1) The Bylaw on Environmental Impact Assessment, published in the Official Gazette No. 25318 dd. 16 December 2003 has been abolished.

Projects for which the Environmental Impact Assessment Process has Been Initiated

PROVISIONAL ARTICLE - (1) Projects which are subject to the Bylaw on Environmental Impact Assessment published in the Official Gazette No 21489 dd. 7 February 1993, Bylaw on Environmental Impact Assessment published in the Official Gazette No 23028 dd. 23 June 1997, Bylaw on Environmental Impact Assessment published in the Official Gazette No 24777dd. 6 June 2002 , Bylaw on Environmental Impact Assessment published in the Official Gazette No 25318 dd. 16 December 2003 but do not fulfill the obligations specified in the said Bylaws shall be subject to the provisions of this Bylaw.

Transition Period

PROVISIONAL ARTICLE 2 – (1) Projects for which Project Presentation Files have been submitted to the Governorate or Ministry and Environmental Impact Assessment Reports have been submitted to the Ministry before the effective date of this Bylaw shall be governed by the provisions of relevant subject Bylaw.

Out of Scope Projects

PROVISIONAL ARTICLE 3 – (1) As per the projects whose application projects have been approved, for which required approval, permit, license, or expropriation decision has been taken, which have been included in the investment program, or whose local zoning plans have been approved before the Bylaw on Environmental Impact Assessment published in the Official Gazette No 21489 dd. 7 February 1993 and those with documented proof of production initiation and / or operation stage inception before this date the provisions of this Bylaw shall not apply, without prejudice to the provisions regarding permits envisaged by the Environment Law and other relevant Bylaws.

Transactions Until the Date of 1 September 2008

PROVISIONAL ARTICLE 4 – (1) The provisions of the Circular Letter on Certificate of Competency published in the Official Gazette No. 25383dd. 24 February 2004 are valid for institutions and organizations which shall prepare Environmental Impact Assessment until 1 September 2008 However, the condition of having Certificate of Competency shall not be applied to the institutions and organizations which prepare Environmental Impact Assessment Application Files or Project Presentation Files before 1 September 2008. However, said Environmental Impact Assessment Application File or Project Presentation File shall be prepared by individuals having at least a bachelor’s degree education from three different profession groups depending on the location and type of relevant project.

Enforcement

Article 29 - (1) This Bylaw shall enter into force on the date of its issue.

Execution

Article 30 - (1) The provisions of this Bylaw shall be executed by the Minister of Environment and Forestry.

ANNEX – 1 LIST

THE LIST OF PROJECTS TO WHICH ENVIRONMENTAL IMPACT ASSESSMENT SHALL BE APPLIED

1- Refineries:

a) Crude oil refineries,

b) Projects for gasification and liquefaction of 500 tons or more of coal or bituminous materials per day,

c) Natural gas liquidation and gasification facilities.

2- Thermal power plants:

a) Thermal power stations and other combustion installations with a heat output of 300 megawatts or more,

b) Erection and dismantling of nuclear power stations and other nuclear reactors (except research installations for the production and conversion of fissionable and fertile materials, whose maximum power does not exceed 1 kilowatt continuous thermal load).

3- Installations for the reprocessing of irradiated nuclear fuel:

a) Installations designed for reprocessing nuclear fuels,

b) Installations designed for the production or enrichment of nuclear fuel,

c) Installations designed for the processing of irradiated nuclear fuel or high-level radioactive waste,

ç) Installations designed for the final disposal of irradiated nuclear fuel,

d) Installations designed solely for the final disposal of radioactive waste,

e) Installations designed solely for the storage (planned for more than 10 years) of irradiated nuclear fuels or storage of nuclear waste on a site different from the production site,

f) Final disposal of non-radiated nuclear fuel.

4- Facilities for the smelting of cast-iron and steel:

a) Facilities producing rolled product from ore,

b) Facilities producing scrap-based liquid steel (50.000 tons/ year and more),

c) Rolling plants (50.000 tons/ year and more),

ç) Casting plants (50.000 tons/ year and more),

d) Non-ferrous crude metal facilities (smelting or Rolling or casting) (25.000 tons/ year and more).

5- Installations for the production of non-ferrous crude metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes.

6- Installations for the extraction of asbestos and for the processing and transformation of asbestos and products containing asbestos:

a) Asbestos mine operations and enrichment facilities,

b) Facilities for friction material, with an annual production of more than 50 tons of finished products,

c) Facilities for other uses of asbestos, utilization of more than 200 tons per year,

ç) Facilities For asbestos-cement products, with an annual production of more than 10,000 tons of finished products.

7- Integrated chemical installations for industrial scale manufacture of substances using chemical conversion processes, in which various units are juxtaposed and functionally linked to one another and which are;

a) for the production of organic chemicals;

b) for the production of inorganic chemicals;

c) for the production of simple or compound phosphorous-, nitrogen- and potassium-based fertilizers ;

8- Facilities producing explosive and inflammable materials.

9- Motorways, transits, and airports:

a) Inter-city railway lines,

b) airports with a basic runway length of 2,100 meters or more,

c) Construction of motorways express roads and public roads;

ç) Construction of a new road of four or more lanes, or realignment and/or widening of an existing road of two lanes or less so as to provide four or more lanes, where such new road, or realigned and/or widened section of road is extended uninterruptedly for 10 kilometers or more.

10- Waterways, ports, and shipyards:

a) Inland waterways and ports for inland-waterway traffic which permit the passage of marine vessels of over 1,350 tons,

b) Trading ports, jetties and docks (excluding sundecks and recreational jetties) which can berth marine vessels over 1,350 tons,

c) Ship-building yards for the construction, maintenance, disassembly, and repair of freight and passenger vessels and manufacturing facilities for yachts over 24 meters,

ç) Yacht marinas.

11- Hazardous and specially processed wastes:

a) Waste disposal installations for the recovery and / or final disposal of hazardous and specially processed wastes,

b) Waste incineration installations for the incineration of medical wastes with a capacity exceeding 1000 tones per day,

c) Medical waste land-fill installations with a filling capacity exceeding 1 ton and more per day,

ç) Facilities designed for waste oil recovery with a capacity equal to and above 2.000 tones per year,

d) Waste dams, waste basins containing hazardous wastes.

12- Facilities designed to dispose or subject to the intermediate process solid wastes over 100 tons per day with composting, incineration or other techniques and / or solid waste land-fill facilities, waste dams, and waste basins with a total area exceeding 10 hectares or daily landfilling storage capacity over 100 tons including target year.

13- Groundwater extraction or underground water storage projects with an annual water volume of 10 million cubic meters or over.

14- Works for the transfer of major water sources, other than piped drinking water:

a) Works for the transfer of water sources between river basins where the aim of the transfer is to prevent possible water shortages and where the amount of transferred water is100 million cubic meters per year and over;

b) In all other cases, works for the transfer of water resources, other than piped drinking water, between river basins where the long term annual average flow of the basin of extraction exceeds 2,000 million cubic meters per year and where the amount of transferred water exceeds 5% of this flow.

15- Water storage facilities (dams and lakes with a reservoir volume of 10 mio m3 and over).

16- River type power plants with an installed capacity of 25 MW or more.

17- Waste water treatment plants with a capacity exceeding 150,000 population equivalency and / or 30.000 cubic meter capacity per day.

18- Meat products production facilities ( facilities where slaughtering and meat product production are made together):

a) Facilities for bovine animal slaughtering and meat production (500 heads and over per day),

b) Facilities for ovine animal slaughtering and meat production (1500 heads and over per day),

c) Facilities for poultry slaughtering and meat production (200.000 poultry or over and equivalent fowl per day).

19- Bovine and / or ovine animal husbandry facilities (10.000 or more bovine, 20.000 or more ovine capacity).

20- Installations for rearing poultry and pigs with capacities of:

a) Chicken or broiler rearing facilities (with 60.000 or more chickens, 85.000 broilers or equivalent fowl or more during one production period);

b) Pig rearing facilities (30 kg and over, more than 3000 head)

c) Sow rearing facilities (900 heads and over).

21- Aquaculture projects (1.000 or more tons per year).

22- Integrated oil production facilities (facilities where raw-oil extraction from crops and refinement process is carried out together).

23- Integrated milk products production facilities (facilities where at least two sorts of milk product such as cheese, butter, or yogurt are produced from 50 or more tons of milk per day).

24- Yeast factories.

25- Sugar factories.

26- Forest and cellulose product facilities;

a) Cellulose production facilities,

b) the production of pulp from timber or similar fibrous materials;

c) The production of all kinds of paper (with a production capacity exceeding 40.000 tons per year).

27- Filature, fabric, or carpet mills containing bleaching agents (desizing, bleaching, mercerizing, causticization, or similar) or dyeing units (3.000 tons or more per year).

28- Mining projects;

Regardless of license law and stage,

a) Open quarries and ore dressing facilities with a working area of 25 or more hectares (total for excavation and dumping area),

b) Open pit coal extraction and ore dressing facilities where the working area exceeds 150 hectares (total for excavation and dumping area),

c) Ore enrichment facilities applying biological, chemical, electrolyte, or heat treatment methods,

ç) Operating 1^st and 2^nd group mines with all kinds of processes (crushing – screening, grinding, washing, and similar) with a capacity of 100.000 cubic meters or more per year.

29- Extraction of raw oil (500 tons or more per day) and natural gas (500.000 cubic meters or more per day),

30- Pipelines for the transportation of gas, oil or chemicals with a diameter over 600 mm and a length of more than 40 km.

31- Cement factories or clinker production facilities.

32- Construction of overhead electrical power lines with a voltage of 154 kV or more and a length of more than 15 km (transmission line, transformer center, switch areas).

33- Petroleum, natural gas, petro-chemical, and chemical substance storage facilities with a capacity of 50.000 cubic meters or more.

34- Raw hide processing facilities (excluding those obtaining end product from processed raw hide) with a capacity of 500 tons or more per year.

35- Tourist accommodation facilities (500 or more rooms), holiday villages, and / or tourist complexes.

36- Expert Industrial Zones (activities included in Annex I and Annex II).

37- Battery and Accumulator production facilities (excluding assembly operations),

38- Facilities where active pesticide substances and / or pharmaceutical products are produced.

39- Motor vehicle production.

40- Railway vehicle production.

41- Aircraft production.

42- Glass, fiberglass, or rock wool production facilities (100.000 tons or more per year).

43- Rubber production facilities (inner- and outer-tire for motor cars and air-crafts, column, back rubber, cord fabric, and similar).

44- Ceramic, roofing tile, brick, or porcelain production facilities (those with a main raw material capacity over 100.000 tons per year).

ANNEX – II LIST

LIST OF THE PROJECTS TO WHICH SELECTION AND ELIMINATION CRITERIA ARE APPLICABLE

(The Lower Bounds in Annex I List are Accepted as the Upper Bound in This List)

Chemicals, Petro-chemical Products, Drugs, and Wastes

1 – a) Facilities designed for the production of chemical substances, production of lubrication substance from petroleum, and processing of intermediate-products (facilities without process-sourced waste and by-product and only prepare the mixture are outside this scope.),

b) Facilities designed for waste oil recovery (whose processing capacity is less than 2.000 tons per year),

c) Medical waste incineration facilities with an incineration capacity between 200-1000 kg per day, medical waste land fill facilities with a daily storage capacity of less than 1 ton, and facilities designed for the intermediate physical and chemical treatment of medical wastes,

ç) Recovery of hazardous and specially processed wastes by physical methods.

2- Petroleum, natural gas, petro-chemical, and chemical substance storage facilities with a total storage capacity between 500 and 50.000 cubic meters (excluding retail sales stations).

3- Facilities where pesticides, pharmaceutical products, paints and varnishes, elastomeric-based products, and peroxides are produced or the elastomeric-based products are treated, plant growth regulators.

4- Facilities designed for incineration, composting, and storage of solid wastes, waste dams, and waste basins.

5- Facilities producing soap and detergent (facilities which purchase the raw material and make only the mixture are outside this scope).

6- Facilities designed for recovery and disposal of poultry-house and stable manures.

7- Explosive and inflammable substance depots with a total storage capacity over 500 tons.

Industrial Facilities

8- Iron, steel or non-ferrous metal facilities (with a capacity of 1.000 tons or more per year):

a) Facilities where iron-steel or non-ferrous metals are melted and produced,

b) Rolling facilities or facilities where the rolling operation is not carried out but includes an annealing furnace with a nominal thermal power of ≥10 MW,

c) Casting factories,

ç) Pipe producing facilities,

d) Facilities producing or treating metal dust.

9- Coating facilities:

a) Facilities where metal or plastic surfaces are coated with with metal with electrolytic or chemical processes, and where metals are applied with surface treatment (excluding mechanical treatment),

b) Glazing or enameling facilities,

c) Rubber coating facilities,

10- Textile facilities

a) Filature, fabric, or carpet mills utilizing dyeing process (by utilizing chemical or vegetable dyes), bleaching agents, or printing process,

b) Industrial type facilities where wool or angora is rubbed, de-oiled, and bleached,

c) Denim or garment industry products washing facilities

11- Glass, fiberglass, or rock wool production facilities

12- All kinds of paper production facilities

13- Cellulose processing facilities

14- Raw hide processing facilities (excluding those obtaining end product from processed raw hide).

15- Air craft repair facilities

16- Internal combustion engines production

17- White appliances production and painting facilities

18- The facilities where on-vehicle equipment such as damper, car-body, etc are produced and painted

19-Ready Mixed Concrete Facilities, facilities producing shaped materials by using methods such as compression, blast, vibration, or concussion and materials such as cement or other bounding materials, and those which produce pre-stressed concrete elements, gas concrete, etc.

20- Facilities which produce brick or roof tile.

21- Facilities which produce ceramic or porcelain. (where kiln-drying is operated)

22- Clinker grinding facilities.

Agriculture, forestry, aquaculture, and food

23- Projects regarding production of plant products:

a) Raw and refined vegetable oil production facilities,

b) Facilities which produce starch,

c) Facilities which produce alcoholic beverages with fermentation or malt facilities,

ç) Cigarette factories,

24- Projects regarding production of animal products:

a) Manufacture of animal fats,

b) Water products processing facilities,

c) Milk products processing facilities (with the capacity of 5 tons / day – 50 tons / day),

ç) Aquaculture projects (30 - 1.000 tons / year),

d) Fish hatcheries (40 million and more seed fish production capacity per year),

e) Bovine animal (50 and more per day) and / or ovine animal (300 and more per day) slaughtering facilities,

f) Facilities for the slaughter of poultry (10.000 and more per day),

g) Rendering facilities.

25- Projects aiming to change land usage characteristics:

a) Projects aiming to re-structure agricultural lands without changing the intended use (500 hectares and over),

b) Projects aiming to use un-processed or semi-processed lands for agricultural or forestry purposes (500 hectares or over),

c) Projects for transformation of forest areas for other intended uses (500 hectares and over),

ç) Water management projects with agricultural purposes (1.000 hectares and over).

26- Animal husbandry facilities:

a) Bovine and / or ovine animal husbandry facilities (50-1.000 bovine animals, 1.000-20.000 ovine animals),

b) Hen or chicken breeding facilities (20.000-60.000 hens, 30.000-85.000 chickens or equivalent poultry per production period),

c) Fur animal breeding facilities (5.000 units or more per year),

ç) Pig breeding facilities (1.000-3.000 places for over 30 kg and more),

d) Sow breeding facilities (300-900 heads).

Communication, infrastructure, and shore structures

27- Infrastructure facilities:

a) Projects aiming to transfer water between water-course basins (those not included in Annex I),

b) Inland-waterway construction (not included in Annex I),

c) Arrangement of watercourse beds (excluding dry creeks and those with seasonal flow),

ç) Construction of harbors, jetties, ports (not included in Annex I),

d) Fishing ports and tugboat ports,

e) Projects aiming to acquire 10.000 square meters of land from the marine environment,

f) Coastal work to combat erosion and works capable of altering the coast through the construction of, for example, dykes, moles, jetties and other sea defense structures (excluding maintenance and repair of such structures),

g) Railway lines (projects not included in Annex I),

ğ) Construction of transfer-purpose facilities in railway transportation, and railway terminals,

h) Tramways, elevated and underground railways, similar lines used for passenger transport (metro, light rail transport system and the like),

ı) Airports (projects not included in Annex I),

i) Provincial roads,

j) Dragnet projects,

k) Harbor launches (facilities providing harboring, maintenance, repair, accommodation, launching services for yachts and vessels, or where yachts up to 24 meters are manufactured),

l) Groundwater extraction and groundwater storage projects with a capacity of 1 million cubic meters or more per year,

m) Water storage facilities (dams and lakes with a reservoir capacity of 5 million cubic meters or more),

n) Deep sea discharge projects.

Energy, Tourism, Housing

28- River type power plants having 0.5 MW or more installed capacity.

29- Wind power plants having 10 MW or more installed capacity.

30- Extraction of geo-thermal sources and facilities using geo-thermal energy (having 5 MWt-megawatt or more thermal capacity),

31- Industrial installations for the production and/or transport of electricity, gas, steam and hot water (10 MW and more),

32- 154 kV or more energy transmission facilities (5 kilometers or more).

33- Mass-housing projects (200 housings and more),

34- Tourist accommodation facilities (hotels, holiday villages, and / or tourist complexes with 100 or more rooms),.

35- Training campuses,

36- Permanent camping and caravan facilities having 50.000 square meters or more area,

37- Theme parks (recreational parks where the public pay to enter for entertainment purposes, installed on wide areas),

38- Ski areas and mechanical facilities,

39- Permanent race and test tracks for cars and motor-cycles,

40- Sports complexes and hippodromes,

41- Golf facilities.

Mining

42- Mining projects;

Regardless of license law and stage,

a) Extraction of mines (projects not included in the Annex I),

b) Extraction and processing of block and partial marble, decorative stones (5.000 cubic meters or more per year) and marble cutting, processing and sizing facilities (250.000 square meters capacity or more per year),

c) Extraction and storage of methane gas (1.000.000 cubic meters or more per year), ,

ç) Facilities where carbon dioxide and other gases are extracted, stored, or processed (10.000 tons / year or more),

d) Operating 1^st and 2^nd group mines with all kinds of processes (crushing – screening, grinding, washing, and similar) ( those excluded from Annex I),

e) Ore enrichment and preparation facilities (those excluded from Annex I).

43- Extraction and / or all kind of salt processing facility with a capacity of 50.000 tons/year or more per year.

44- Coal processing facilities

a) Gas and coke factories,

b) Coal briquetting facilities,

c) Coal washing facilities,

45- Storage, classification, and packaging facilities for petro-coke, coal, and other solid fuels (excluding retail sales units),

46- Lime factories and / or plaster factories.

47- Projects which are listed in Annex I but have been prepared with the purpose of trying or developing a new product or method for a period not longer than two years.

ANNEX -III

ENVIRONMENTAL IMPACT ASSESSMENT GENERAL FORMAT

Title Page:

Name, address, phone and fax number of project owner:

Name of Project:

Name and Location of the Place of Project:

Name, address, telephone and fax numbers of the working group / institution which prepared the report:

Preparation date of report:

Table of Contents:

Part I: Definition and Objective of the Project

Definition, life period, service purposes, importance, and necessity of project investment:

Physical characteristics of the project, amount and characteristics of land to be used in the construction and operation phases:

General explanation of major environmental impacts which the proposed project may cause (water, air, soil pollution, noise, vibration, light, temperature, radiation, etc)

Summary of the main alternatives examined by the investor and reasons for choosing the selected area:

Part II: Location of Project Area

Location, coordinates, and information about project area and alternative locations.

Part III: Existing environmental characteristics of project and impact area

Explanation of the demographics, fauna, flora, geological and hydro-geological characteristics, natural disaster situation, soil, water, air (atmospheric conditions), climatic conditions, ownership status, archeological and architectural heritage, landscape characteristics, land-usage status, sensitivity level (in line with the Sensitive Locations List in Annex V) of the environment which may become polluted due to proposed project activities, and interaction between above mentioned factors.

Part IV: Important environmental impacts of project and measures to be taken

1- Presentation of the likely impacts of project which may potentially cause the following issues: (This definition should include short, medium, and long-term, permanent and temporary, negative and positive impacts.)

a) The area to be used for the project,

b) Use of natural resources,

c) The quantity of polluters, (atmospheric conditions and interaction between polluters) explanation of possible problems which may disturb the environment, and minimization of wastes.

2- General presentation of estimation methods to be used in the assessment of likely impacts of investment on environment.

3- Presentation of the measures envisaged to be taken in order to minimize the negative effects on the environment.

Part V: Public participation

1- Methods proposed for determining the public likely to be affected by the project and reflecting the public opinions in the environmental impact assessment study,

2- Other parties whose opinions are envisaged to be sought,

3- Other relevant information and documents regarding this subject which are available.

Part VI: A non-technical summary of the information obtained in accordance with the above topics

Appendices: The information and documents below which are obtained from various institutions and organizations and used in the preparation of environmental impact assessment application file and techniques which are not submitted in the text of the report:

1- As per the project area and alternatives, if available, landscaping, master plan, application zoning plan, general layout or amendment proposals on these plans,

2- Permits, approvals, licenses, and all other documents etc. which the investor has previously obtained for the project from relevant organizations..

3- Land usage status of the area selected for the project.

Notes and Sources

Introduction of the working group which prepared the environmental impact assessment application file within the scope of Circular Letter on Certificate of Competency:

Name and surname, profession, curriculum vitae, references, and signature indicating that s/he is responsible for the report.

ANNEX-IV

SELECTION AND ELIMINATION CRITERIA WHICH ARE THE BASIS FOR THE PROJECT PRESENTATION FILE

Title Page:

Name, address, telephone and fax number of project owner:

Name of Project:

Name and Location of the Place of Project:

Definition and Objective of Project

Name, address, telephone and fax numbers of the working group / institution which prepared the report:

Preparation date of report:

1. Project Characteristics

In the project characteristics, following issues should be taken into account:

a) Flow process chart of the project, its capacity, area to be covered, technology, number of personnel to be employed,

b) Use of natural resources (land use, water use, type of energy to be used, etc.)

c) Amount of waste to be produced (solid, liquid, gas, etc) and chemical, physical, and biological characteristics of wastes,

ç) Risk of accident which may arise due to technology and materials to be used in the project,

d) Measures to be taken against the likely environmental impacts of the project,

2. Place of Project

Following issues should be taken into account when assessing the sensitivity of an area likely to be affected by the project:

a) Existing land use and quality (agricultural area, forest area, planned zone, water surface, and similar),

b) By taking into account the list of sensitive areas in Annex V; the wetlands, coastal departments , mountain- and forest areas, agricultural areas, national parks, special protection areas, densely populated areas, historical, cultural, archeological, and similar important areas, erosion areas, landslide areas, forested areas, potential erosion and forestation areas and aquifers which must be protected pursuant to the Law No. 167 dd. 16 December 1960 on Ground-Waters.

3. Alternatives of the project and project area (reasons for the selection of project technology and project area)

Conclusion

This consists of a summary of all the explanations and a general evaluation in which the important environmental effects of the project are listed and the alternatives are compared.

APPENDICES:

As per the project area and alternatives, if available, landscaping, master plan, application zoning plan, general layout or amendment proposals on these plans,

In order to assess the existing land use of the project area and its close vicinity; the information showing the locations of settlement areas, transportation networks, energy transmission lines, existing facilities, and other areas specified in the List of Sensitive Areas in Annex V of this Bylaw (in case they are in the vicinity of the project area) shall be briefly explained by processing the data onto the existing 1/25.000 scale map (if available, the environment plan, otherwise the topographical map),

Scaled geological map of the project area, the locations of surface and ground waters on this map, and explanation of earthquake status of the area.

Notes and Sources

Introduction of those who prepared the Project Presentation File within the scope of Circular Letter on Certificate of Competency:

Name and surname, profession, curriculum vitae, references, and signature indicating that s/he is responsible for the report.

ANNEX-V

SENSITIVE AREAS

The list of legislation which must be consulted during project studies within the scope of this Bylaw is as follows: The changes which may incur in the legislation are an inherent part of this section.

1. The areas which must be protected pursuant to our national legislation

a) “National Parks”, “Natural Parks”, “Natural Monuments”, and “Nature Conservation Areas” which are defined in Article 2 and determined by Article 3 of National Parks Law No. 2873 dd. 9 August 1983 ,

b) “Wild Life Conservation and Wild Animals Settlement Areas” which are determined by the Ministry of Environment and Forestry pursuant to Law No. 4915 dd. 1 July 2003 on Land Hunting,

c) The areas which are defined as “Cultural Heritage”, “Natural Heritage”, “Archeological Protected Areas", and "Conservation Areas" in sub-clauses 1, 2, 3, and 5 of paragraph (a) with the heading "Definitions" of First Clause of Article 3 of Law No” 2863 dd. 21 July 1983 on Cultural and Natural Heritage Conservation and which were determined and registered pursuant to the relevant articles of same law and Law No. 3386 dd. 17 June 1987 (amending some articles and adding new ones to Law No” 2863 dd. 21 July 1983 on Cultural and Natural Heritage Conservation”).

ç) Aquaculture Production and Breeding Areas within scope of Law No. 1380 dd. 22 March 1971 on Aquaculture,

d) The areas defined in Articles 17, 18, 19, and 20 of Bylaw on Water Pollution Control published in the Official Gazette dd. 31 December 2004 No. 25687,

e) “Sensitive Pollution Areas” which are defined in Article 49 of Bylaw on Air Quality Protection published in the Official Gazette dd. 2 November 1986 No. 19269,

f) The areas which were defined and announced “Special Environment Protection Areas” by the Council of Ministers pursuant to Article 9 of Environment Law No. 2872 dd. – August 1983,

g) The areas taken under protection pursuant to Law No. 2960 dd. 18 November 1983 on the Bosphorus,

ğ) The areas considered as forest area pursuant to Law No. 6831 dd. 31 August 1956 on Forestry,

h) The areas where are subject to a building ban pursuant to Law No 3621 dd. 4 April 1990 on Coastal Areas,

ı) The areas defined in Law No. 3573 dd. 26 January 1939 regarding Olive Growing and Grafting Wild Olives,

I) The areas specified in Pasture Law No. 4342 dd. 25 February 1998 ,

j) The areas specified in enacted Bylaw on Wetlands Conservation published in the Official Gazette dd. 17 May 2005 No 25818.

2. Areas protected pursuant to international conventions which our country is party to

a) Class I and II Conservation Areas specified in “Major Breeding Areas of Sea Turtles” which have been taken under protection pursuant to Convention on the conservation of European wildlife and natural habitats (Bern Convention) (published in the Official Gazette dd. 20 February 1984 No. 18318), “Mediterranean Seal Habitat and Breeding Areas”,

b) The areas which have been taken under protection pursuant to 1976 Barcelona Convention for Protection against Pollution in the Mediterranean Sea (published in the Official Gazette dd. 12 June 1981 No. 17368,

ı) The areas which have been determined as "Special Protection Area" in our country pursuant to the "Protocol on the Protection of Special Protection Areas in the Mediterranean" published in the Official Gazette dd. 23 October 1988 No. 19968,

ii) The areas in the “List of 100 Coastal Historical Protected Areas Having Common Importance in the Mediterranean" selected pursuant to the Geneva Declaration dd. 13 September 1985 and published by the United Nations Environment Program,

iii) Coastal areas which are the habitat and feeding area of the "Endangered Marine Species Unique to the Mediterranean Sea" specified in Article 17 of the Geneva Declaration,

c) Cultural, natural, and historical areas defined as the “Cultural Heritage” and “Natural Heritage” and taken under protection by the Ministry of Culture pursuant to Articles 1 and 2 of the “Convention on the Protection of World Cultural and Natural Heritage” enacted by publication in the Official Gazette dd. 14 February 1983 No. 17959,

ç) The areas under protection pursuant to the RAMSAR Convention on Wetlands which was enacted by publication in the Official Gazette dd. 17 May 1994 No. 21937,

d) European Landscape Convention enacted by publication in the Official Gazette dd. 17 July 2003 No. 25181.

3. Areas Which Should Be Protected

a) Areas which have been determined in the existing approved environmental plans as areas whose existing characteristics shall be protected and for which a building ban is applied (areas whose natural characteristics are to be protected, bio-genetic reserve areas, geo-thermal areas, and similar),

b) Agricultural Areas: Agricultural development areas, irrigated and irrigable fields, areas where land use capability is Class I, II, III, and IV, class I and II areas which are used in precipitation dependent agriculture, and all special crop plantation areas,

c) Wetlands: areas which are natural or artificial, continuous or temporary, with stagnant or flowing water, fresh, brackish or salty water, with depths up to six meters in the tide recession period, having importance as a wetland habitat for living creatures especially for water birds,marsh, reed and turbary areas, and ecological wet lands from shore line to land side of these areas,

ç) Lakes, flowing waters, and ground water operation areas,

d) Habitat areas of species which are important for scientific research and / or endangered or might become endangered, or having endemic importance for our country; biosphere reserves, biotopes, bio-genetic reserve areas, and areas with unique geological and geomorphological formations.