Comparison Of The New Environmental Impact Assessment Regulation And The Abrogated Regulation

New “Environmental Impact Assessment Regulation” has been published at the Official Gazette dated October 3, 2013 and numbered 28784 and entered into force on its date of publication. This regulation has been drawn up independently of the ex regulation. However there is not been any fundamental change in comparison with the ex regulation. Main changes brought with this new regulation are stated hereinbelow;

  • The regulation puts an order to the process of obtaining the Environmental Impact Assessment Report. Authorities of the Local Environmental Board have been completely terminated and authority related to the process has been transferred to the Ministry. In other words, Ministry is authorized to give “Positive  Environmental Impact Assessment Report”, “Negative Environmental Impact Assessment Report”, “Environmental Impact Assessment Report is required Report” and “Environmental Impact Assessment Report is not required Report”  Ministry may authorize the Governorate where necessary.
  • Operation procedure of The Board of Preliminary Inspection and Survey has been rearranged. Nevertheless, the rearrangements solely concern internal operations of the Board. 
  • In case the investment is not started to be made in 7 years for a Project given  “Positive  Environmental Impact Assessment Report” in the absence of a compelling reason, the Positive  Environmental Impact Assessment Report shall be considered invalid. At the Article 17/4 of the ex- regulation this validity period was stipulated as 4 years.
  • In case the investment is not started to be made in 5 years for a Project given “Environmental Impact Assessment Report is not required Report” in the absence of a compelling reason, the Positive Environmental Impact Assessment Report shall be considered invalid. Ex-regulation named this report as “Environmental Impact is not important” and stipulated the validity period as 3 years.
  • In case there is not an application to the Ministry in 1 year for the projects which has been decided as “Environmental Impact Assessment Report is required” , the decision shall be considered invalid.
  • In respect of the projects of in the contexts of this  regulation, any incentive certificates, certificate of approval,  certificate of permission, construction permit, and license to use shall not be given, the investment and tender shall not be made and  unless the “Positive  Environmental Impact Assessment” or “Environmental Impact Assessment Report is not required” decision is taken. This arrangement was the same at the ex-regulation.
  • The projects which Environmental Impact Assessment Report Application File/Project Information File has been submitted to the Ministry or the Governorate, shall be subject to the regulation which was in force at the date of application.

Please do not hesitate to contact with us if you need any further information regarding this new regulation.

EINSTEIN

Time is not constant; neither is weight nor mass. On a fresh night in November 1919, a solar eclipse confirmed that light rays from stars are deflected by the sun in just the amount that Albert Einstein had predicted. Einstein�s stunning conclusion�the theory of relativity�solved centuries-old enigmas in physics and rocked our view of the world. Perhaps the biggest leap of the scientific imagination in history, his theory was the first major new theory of gravity since Isaac Newton�s more than 250 years earlier.