New Regulation on Environmental Permit and License
The New Regulation is to introduce a more consistent, practical and clear practice to address the problems which previously caused delays in the implementation of the projects.
A new regulation regarding the Environmental Permit and License (“the New Regulation”), published in the Official Gazette on September 10, 2014 and numbered 29115, will go into effect on November 1, 2014 and the “Regulation on Permits and Licenses regarding the Environmental Law” (“the Former Regulation”), published in the Official Gazette on April 29, 2009 and numbered 27214, will be abolished. The New Regulation was issued and will be administered by the Ministry of Environment and Urban Planning (“the MoE”).
The purpose of the New Regulation is to clarify the processes and procedures to be used in the applications for certificates, permits and licenses. Another purpose of the New Regulation is to introduce a more consistent, practical and clear practice to address the problems which previously caused delays in the implementation of the projects and have also caused financial losses to the project investors and operators.
Under both the Permit and License Regulations, it is required to obtain a single consolidated permit, which is valid for a period of five years, instead of obtaining separate environment permits (e.g., emission permit and water discharge permit). The New Regulation sets forth a temporary certificate, a “temporary activities certificate” and two types of permits, an (i) “environmental permit” (çevre izni) and an (ii) “environmental permit and license” (çevre izni ve lisansı). (“Permit or Permit and License”) The environmental permit covers air emissions, environmental noise, deep sea discharge and hazardous waste discharge, whereas the environment license addresses the technical sufficiency of the applicant facility.