BY-LAW ON ENVIRONMENTAL IMPACT ASSESSMENT (EIA) Official Gazette: June 6, 2002 and No: 24777

Transcription

1 BY-LAW ON ENVIRONMENTAL IMPACT ASSESSMENT (EIA) Official Gazette: June 6, 2002 and No: New Chapter One: Purpose, Scope, Basis and Definitions Chapter Two: General Provisions Chapter Three: Environmental Impact Assessment Application Method Chapter Four: Environmental Impact Assesment Preliminary Review Application Method Chapter Five: Monitoring and Inspection Chapter Six: Miscellaneous Provisions ANNEX LIST ANNEX 1: THE LIST OF PROJECTS TO WHICH ENVIRONMENTAL IMPACT ASSESSMENT SHALL BE APPLIED ANNEX II LIST OF THE PROJECTS TO WHICH ENVIRONMENTAL IMPACT ASSESSMENT PRELIMINARY STUDY ARE APPLICABLE ANNEX III PROJECT INTRODUCTION GENERAL FORMAT ANNEX-IV SELECTION AND ELIMINATION CRITERIA WHICH ARE THE BASIS FOR THE PROJECT PRESENTATION FILE ANNEX-V SENSITIVE AREAS CHAPTER ONE Purpose, Scope, Basis and Definitions Purpose ARTICLE 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 This Bylaw covers; a) 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, b) Administrative and technical principles and procedures to be complied with during Environmental Impact Assessment process, c) The studies to be conducted in order to constitute a Scoping and Examining & Evaluation Commission for Environmental Impact Assessment, d) Monitoring and inspection of the projects which are within the scope of Environmental Impact Assessment before, during and after operational period, e) 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- This Bylaw was prepared on the basis of Article 10 of Environment Law No dated 8/9/1983. Definitions and Abbreviations ARTICLE 4- For the purposes of this Bylaw; Ministry: Refers to the Ministry of Environment, 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, 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, Project: Refers to the construction work of a planned investment, other plant or facility or the process of utilization of mineral resources, 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 prevent or minimize negative effects; determining and assessing selected technological alternatives and locations; and monitoring and controlling the implementation of such projects, 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 stated in Articles 8 and 16 of this Bylaw and ends with the determination that post-operational works, Project 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, providing a general introduction of the project and shall be the basis for the preparation of the report, Environmental Impact Assessment Report Special Format: Refers to the format which shall be the basis for the

2 preparation of Environmental Impact Assessment Reports and which defines the main headings to be reviewed 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, Environmental Impact Assessment Report: Refers to the report to be prepared in accordance with predetermined 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, Environmental Impact Assessment Preliminary Determination: Refers to the studies to be carried for determining whether an environmental impact assesment is necessary for the projects shown in Annex II, Environmental Impact Assessment Preliminary Determination Report, Selection and Elimination Criteria: Refers to the criteria listed in Annex IV that will establish the basis for the Environmental Impact Assesment Preliminary Determination report, Environmental Impact Assessment Preliminary Determination Report: Refers to the report to be prepared for the projects listed under Annex II, The Decision of Environmental Impact Assessment is Required : Refers to the Ministry s Resolution which states that the environmental impacts of the projects listed in Annex II are important and requires an Environmental Impact Assessment Report, The Decision of No Environmental Impact Assessment is Required : Refers to the Ministry s Resolution which states that the projects listed in Annex II do not pose an important environmental effect and that the preparation of Environmental Impact Assessment Report is not required, 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, 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, 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, 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 review and assess the Environmental Impact Assessment Report which is prepared in line with these principles, Project Owner: Refers to the real or legal person undertaking execution of all the stages of a project which is subject to this Bylaw, 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 to be carried out without any negative impacts to the environment after the decision of "No Environmental Impact Assessment is Required or Environmental Impact Assessment is Required has been made, PART TWO General Provisions Authority ARTICLE 5 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 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. Public institutions and agencies 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. 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.

3 PART THREE Environmental Impact Assessment Application Method Projects which are Subject to the Environmental Impact Assessment ARTICLE 7 It is obligatory to prepare Environmental Impact Assessment Report; a) for the projects which are listed in Annex I of this Bylaw, and b) for the projects listed on Annex II and for which "Environmental Impact Assessment is Required" decision has been made. Initiating Environmental Impact Assessment Process and Establishing the Commission ARTICLE 8 The project owner shall apply to the Ministry with a project description in general format as defined in Annex III of this Bylaw. The Ministry shall review the information and documents in this application file for conformity. Files which are found to be deficient shall be returned to the project owner for ammendments. The project owner shall, after completion of deficiencies, submit the file again to the Ministry. 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 agencies, officials of the Ministry, and project owner and/or representatives. 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 ten business days. 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. 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. It is essential that the members who represent the institutions and agencies 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. Commission Information Meeting ARTICLE 9 During the first commission information meeting the project owner shall present information regarding the project. The Commission, prior to public participation meeting, shall make a decision on location, time and length and comminication tools for a public participation meeting to be organized by the owner of the project In this meeting, a determination is to be made by the project owner and the commission on project site inspection, public participation meeting and scope determination meeting date and this information is to be submited to the Governorate by the Ministry. The process for public participation, scope determination and special format submital shall be completed within 30 business days following the informational meeting. Upon determining that the project is not suitable for execuation based on the Bylaw either during the informational meeting or in any stage of environmental impact assesment review process, there should be a official denial communication. If this determination is made at any stage prior to the EIA report submital, the project owner shall be notified the denial based on the Bylaw. If this determination comes after the EIA report submital, an Environmental Impact Assessment is Negative decision shall be communicated to the project owner.. Public Participation to the Environmental Impact Assessment Process ARTICLE 10 Following the commission information meeting, a public participation meeting shall be organized by the owner of the project in order to inform the public and get their opinions and recommendations on the project. The commission, etiher wholely or by representatives shall review the project application area and participate in the public participation meeting. All related expenses shall be covered by the project owner. 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. The place of the meeting shall be determined by the Governorate and the owner of the project and submitted to the Ministry. The project owner shall publish an announcement in a nationally circulated newspaper at a minimum of five days prior to the meeting date, stating the date, time, place and subject of the meeting. The meeting shall be chaired by the Provincial Director of Environment and it shall be ensured that the public is informed about the project and their opinions, questions and recommendations are taken into consideration. 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. The public opinions shall be taken into consideration by the Commission at the stage of project EIA scope and special format determination. The secretariat service regarding public participation meeting works shall be carried out by the Provincial Directorate of Environment. Scope and Special Format Determination Meeting of Commission ARTICLE 11 The scope determination process based on the EIA report to be prepared for the project shall

4 occur in the first commission meeting following the public participation meeting and shall be recorded in the meeting minutes. 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. Issues which should be added or removed from the format shall be determined. The special format of the Environmental Impact Assessment Report shall be determined by taking into account the opinions and recommendations set forth in the public participation meeting. In this meeting, the commission also decides on the occupation groups of the participants that would be charged to prepate the Environmental Impact Assessment Report. Ministry shall provide information regarding the EIA special format and the assigned workgroup member list to the project owner. This special format is valid for one year from issuance date. The 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 one-time only extention not exceeding six months can be granted. Submission of Environmental Impact Assessment Report to the Ministry ARTICLE 12 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 work group assigned to this project and shall be finalized within seven business 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 six months the applications shall be nullified. The Environmental Impact Assessment Report which is concluded to comply with the special format shall be reproduced by the project owner in sufficient copies 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 evaluation and assessment of Environmental Impact Assessment Report. Initiation of review 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. Those who wish to review Environmental Impact Assessment may review the report in the Ministry center or Provincial Directorate of Environment within thirty days of 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. Any comments received after the deadline shall not be considered. Working procedure of the Commission and Environmental Impact Assessment Report Review ARTICLE 13 The Commission shall review and assess the Environmental Impact Assessment Report within thirty business days from the first review and assessment meeting. 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 agencies which they represent and shall deliver opinions on behalf of their institutions and agencies. The Chairman may ask the participants to give their opinions in writing. Representatives written requests for non-participation in future meetings shall be assessed by the chairman of the Commission. 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 by acceptable institutions. The Commission may, if deemed necessary, carry out reviews at the location where the project will be realized and at similar facilities through appointed members. A representative sample may be utilized if water, soil, etc. analyses are found to be controversial. Further opinions may be seeked from official expert institutions or agencies. Any associated costs for these processes shall be covered by the project owner. 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 review and assessment process shall be discontined. The Commission shall not resume the process until all the necessary errors and deficiencies are corrected. After the Project owner has made all the 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 review and assessment process shall resume from where they left off. 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 documented and the application shall be deemed invalid by the Ministry. The Commission, during review and assessment meetings, shall review and assess; a) Whether Environmental Impact Assessment Report and its appendices are sufficient and appropriate, b) Whether the reviews, 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 reviewed, d) Whether the necessary measures to dissipate likely negative effects have been determined,

5 e) Whether the public participation meeting has been duly concluded, and the issues highlighted in the public participation meeting have been sufficiently resolved. 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 meeting minutes. Submission of Final Environmental Impact Assessment Report and Relevant Documents to the Ministry ARTICLE 14 The project owner shall submit to the Ministry following documents within thrity business days from the completion of review and assessment meetings: a) Final Environmental Impact Assessment Report which has been reviewed 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 agencies are not required to submit list of signatories. If the documents specified in the first paragraph are not submitted within the specified period without justification, a Environmental Impact Assessment is Negative decision shall be issued. The Decision of Environmental Impact Assessment is Positive or Environmental Impact Assessment is Negative ARTICLE 15 The Ministry shall give an Environmental Impact Assessment is Positive or Environmental Impact Assessment is Negative Decision within ten business 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 agencies in writing. The Governorate shall, by appropriate communication means, announce this decision to the general public. In case that the required investments are not initiated within five years from the date of Environmental Impact Assessment is Positive decision, the Environmental Impact Assessment is Positive decision shall be deemed invalid. 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 Environmental Impact Assessment Preliminary Review Application Method Projects subject to Environmental Impact Assessment Preliminary Review ARTICLE 16 The projects; a) listed in Annex II of this Bylaw, b) subject to this Bylaw and proposing a change to its current status ineither in its investment or operational stage c) originally considered being outside the scope of this Bylaw, however the proposed changes shall change the project s status as being subject to this Bylaw, are subject to the EAI preliminary review. Environmental Impact Assessment Preliminary Application and Review ARTICLE 17 The project owner shall submit a petition to the Governorate along with a EIA Preliminary Review Report prepared as per Annex IV of this Bylaw and request for an review to determine whether an Environmental Impact Assessment application is required for his project. Governorate shall review the EIA Preliminary Review Report in line with the criteria specified in Annex IV of this Bylaw within 10 business days. In case of any deficiencies found in the scope of information and related documents, the Governorate shall request the project owner to correct these deficiencies. In case the EIA Preliminary Review Report found to be aceptable, it will inform the project owner to initiate the public information process. The appropriate public information process shall be determined and agreed upon by the Governorate s office and project owner. The project owner is obligated to carry out the public information process and accept comments/recommendations and communicate these comments to the Governorate s office within 20 business days. Public information process shall be carried under the monitoring of the Governorate. Any associated expenses shall be the project owner s responsibility. The Ministry may, when deemed necessary, inspect the project area or assign a third party to inspect the site. Governorate shall, within seven business days, submit the following to the Ministry; five copies of the EAI Preliminary Review Report prepared by the project owner, the file prepared for the the public information process including related information and documentation and if available, a site inspection report. The Decision of Environmental Impact Assessment is Required or No Environmental Impact Assessment is Required ARTICLE 18 The Ministry shall review and assess the project related documents based on the lists provided in Annex I and II and in line with the criteria specified in Annex IV of this Bylaw. At the assessment stage, the Ministry, if deemed necessary, may request the project owner to carry out the process defined in third paragraph of Article 13 of this Bylaw and request opinions from related institutions and agencies. Upon determining that the project is not suitable for execuation based on the Bylaw, the project owner shall be notified by the Ministry. The Ministry shall complete its review and assessment process within 45 business days, and issue the

6 Environmental Impact Assessment is Required or No Environmental Impact Assessment is Required decision, and communicate this decision to the Governorate and project owner. In order for a No Environmental Impact Assessment is Required decision, a commitment letter that states that the Final Environmental Impact Assessment Report and its appendices are under the project owner s commitment is required along with the notarized list of signatories. Public institutions and agencies are not required to submit list of signatories. If these documents are not submitted within the Ministry specified period the application shall be nullified. The Governorate shall announce this decision to the public utilizing appropriate communication tools. 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. 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 five years, the application shall be deemed invalid. PART FIVE Monitoring and Inspection Monitoring and Inspection of the Investment ARTICLE 19 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 inspect whether the issues which are envisaged in the Environmental Impact Assessment Report or the Environmental Impact Assessment Preliminary Report have been committed to by the project owner and whether they are fulfilled. The Ministry, if deemed necessary, shall cooperate with relevant institutions and agencies in fulfilling this task. Project owner, following Environmental Impact Assessment is Positive or Environmental Impact Assessment is not required decision, is obliged to communicate to the Ministry the reports for initiation, construction, operation, and post-operation periods of the investment and other related permits and licenses. This information shall be forwarded to the Governorate by the Ministry to be used in public information process. Stopping Applications Contradictory with the Bylaw ARTICLE 20 As per the projects in scope of this Bylaw; a) Investment activities initiated without Environmental Impact Assessment is Positive or Environmental Impact Assessment is not required decision shall be ceased by the Governorate. The decision for stay of investment shall not lifted unless "Environmental Impact Assessment is Positive" or "No Environmental Impact Assessment is not required" decision is taken. 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 Environmental Impact Assessment Report or Environmental Impact Assessment Preliminary Report, the Governorate may grant a one time only extention for up to sixty business days. 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. PART SIX Miscellaneous Provisions Time Extensions and Cessation ARTICLE 21 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 or Environmental Impact Assessment Preliminary Report process. Change of Project Owner ARTICLE 22 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 without any further process and the new owner shall communicate this to the Ministry in writing. Comflict Resolution ARTICLE 23- In case of a conflict on any of the processes required by this Bylaw, the Ministry s decision will be considered as final. Strengthening of Environmental Impact Assessment Applications ARTICLE 24 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 agencies. Military Projects

7 ARTICLE 25 Environmental Impact Assessment applications of military projects shall be determined by the Ministry based on the existing inter-agency protocols. Integrated Projects ARTICLE 26 In case an integrated project consisting of several projects each of which is subject to this Bylaw is planned, the Ministry may request a single Environmental Impact Assessment and Environmental Impact Assessment Preliminary Report submittal for the integrated project. Circular Letters ARTICLE 27 The Ministry, when deemed necessary, may issue circular letters regarding implementation of this Bylaw. Recinded Regulations ARTICLE 28 - The Bylaw on Environmental Impact Assessment, published in the Official Gazette No dated 23 June 1997 is hereby recinded. PROVISIONAL ARTICLE 1 - Projects which are subject to the Bylaw on Environmental Impact Assessment published in the Official Gazette No dated 7 February 1993 and Bylaw on Environmental Impact Assessment published in the Official Gazette No dated 23 June 1997, but do not fulfill the obligations specified in the said Bylaws shall be subject to the provisions of this Bylaw. PROVISIONAL ARTICLE 2 In accordance with the Bylaws on Environmental Impact Assessment published in the Official Gazette No dated 23 June 1997, for operations where location restriction approval were issued by the relevant Governorates and where special formats are approved by the Governorates or Ministry; if the project owner shall prepare and submit to the Ministry an Environmental Impact Assessment Report or Environmental Impact Assessment Preliminary Report within one year of the effective date of this Bylaw; these operations shall be governed by the provisions of relevant subject Bylaw. Failure to submit these reports within this time period shall render the special format void. There shall be to time extensions to this time frame. PROVISIONAL ARTICLE 3 Projects for which Environmental Impact Assessment Report or the Environmental Impact Assessment Preliminary Report have been submitted to the Governorate or Ministry before the effective date of this Bylaw shall be governed by the provisions of relevant subject Bylaw. PROVISIONAL ARTICLE 4 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 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. PROVISIONAL ARTICLE 5 The provisions of this Bylaw cannot be applied to the petroleum or gas pipelines, electric energy power lines, highways, expressways, state roads, and county roads where the specific routings were determined in accordance with the relevant rules prior to 23 June PROVISIONAL ARTICLE 6 Up until 31 December 2002, the provisions of this Bylaw cannot be applied to the mobile or floating electric generation plants and the associated energy transmission lines to the interconnected network; petroleum, petrochemical and chemical product storage units for the generation plants; seaports, dockage and piers. Effective Date Article 29 - This Bylaw shall be effective on the issuance date. Execution Article 30 - The provisions of this Bylaw shall be executed by the Minister of Environment. 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 system plants with a heat output of 200 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).

8 3- Irradiated nuclear fuels: 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, d) Installations designed for the final disposal of irradiated nuclear fuel, e) Installations designed solely for the final disposal of radioactive waste, f) 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. 4- Facilities for the smelting of cast-iron and steel: a) Facilities producing rolled product from ore, b) Facilities producing scrap-based liquid steel (100,000 tons/year or more), c) Rolling plants (100,000 tons/year or more), d) Casting plants (100,000 tons/year or more). 5- Non-ferrous crude metal facilities (smelting or Rolling or casting) (50,000 tons/year or more). 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 asbestos-cement products, with an annual production of more than 10,000 tons of finished products, c) Facilities for friction material, with an annual production of more than 50 tons of finished products, d) Facilities for other uses of asbestos, utilization of more than 200 tons per year. 7- Integrated chemical installations for industrial scale manufacture of substances; 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- Motorways, transits, and airports: a) Inter-city railway lines, b) Airports with runway lengths of 2,100 meters or more, c) Construction of highways, expressways and state roads (including any tunnel or bridge overpasses), d) Widening of existing roads listed in item (c) for 5 kilometers or more. 9- Waterways, ports, and shipyards: a) Inland waterways and ports for inland-waterway traffic which permit the passage of marine vessels of over 1,350 DWT, b) Seaports, dockage and piers which can berth marine vessels over 1,350 DWT, c) Ship-building yards for the construction, maintenance and repair of freight and passenger vessels, d) Ship disassembly yards, e) Yacht marinas. 10- Hazardous waste treatment (chemical treatment or incineration), disposal (landfill) and recycling facilities. 11- Solid waste disposal facilities over 10 hectares in size or with disposal capacity of 100 tons per day. 12- Wastewater dams, wastewater lagoons. 13- Groundwater extraction or underground water storage projects with an annual water volume capacity of 10 million cubic meters or over. 14- Works for the transfer of major water sources, other than drinking water pipelines: 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 is 100 million cubic meters per year or more, b) In cases other than listed on item (a) above, works for the transfer of water resources, other than drinking water pipelines, 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 million cubic meters or more). 16- Integrated meat production facilities. 17- Poultry and pork production facilities with the capacities listed below: a) Chicken or chick farming facilities (with capacity of 60,000 or more chickens, 85,000 or more chick during one production period),

9 b) Pig farming facilities (30 kg or more, more than 3,000 head), c) Sow raising facilities (900 heads or more). 18- Forest and cellulose product facilities; a) Cellulose production or processing facilities, celluloid production or processing facilities, b) The production of pulp from timber or similar fibrous materials, c) The production of all kinds of paper including cardboard and paperboard with a production capacity exceeding 200 tons per day. 19- Mining projects; regardless of license law and stage; a) Open quarries and ore dressing facilities with a working area (total for excavation and storage area) of 25 hectares or more, b) Open pit coal extraction and ore dressing facilities where the working area exceeds 150 hectares (total for excavation and storage area), c) Ore enrichment facilities applying methods besides cruching, such as biological, chemical, electrolyte or heat treatment methods and with production capacity of 20,000 tons or more per year (excluding iron ore). 20- Open quarries subject to regulation with a working area of 25 hectares or more and with a capacity of 100,000 cubic meters or more per year. 21- Cement factories or clinker production facilities. 22- 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, switchyards). 23- Extraction of crude oil (500 tons per day) and natural gas (500,000 cubic meters per day). 24- Pipeline projects for the transportation of natural gas, oil or chemicals with a diameter over 600 mm and a length of more than 40 km. 25- Petroleum, natural gas, petro-chemical, and chemical substance storage facilities with a capacity of 30,000 cubic meters or more. 26- Inflamable and explosive material production facilities. 27- River power plants with an installed capacity of 50 MW or more. 28- Facilities where active pesticides and/or pharmaceutical products are being produced. 29- Battery and Accumulator production facilities. 30- Sugar mill plants. ANNEX II LIST LIST OF THE PROJECTS TO WHICH ENVIRONMENTAL IMPACT ASSESSMENT PRELIMINARY STUDY ARE APPLICABLE (The Lower Limits in Annex I List are Accepted as the Upper Limits in This List) Chemicals, Petro-Chemical Products, Drugs and Wastes 1 Facilities designed for the production of chemical substances, production of lubrication substance from petroleum, processing of intermediate-products and waste oil recycling facilities. 2- Petroleum, natural gas, petro-chemical, and chemical substance storage facilities with a total storage capacity of 1,000 cubic meters or more (excluding retail sales stations). 3- Explosive and inflammable substance depots with a total storage capacity of 500 tons or more. 4- Facilities where pesticides, pharmaceutical products, paints and varnishes, elastomeric-based products and peroxides are produced or the elastomeric-based products are processed. 5- Facilities designed for incineration and composting of solid waste along with their storage and transfer stations. 6-Wastewater treatment facilities serving for areas with population of 20,000 or more. 7- Facilities producing soap and detergent. Metallurgical, Machine Production and Textile 8- Railroad metal production facilities. 9- Aircraft production or maintenance facilities. 10- Iron, steel or non-ferrous metal facilities (excluding workshops and facilities with a capacity of 1,000 tons or

10 less per year): a) Facilities where iron-steel is melted and produced, b) Mills, c) Casting factories, d) Hot forging facilities, e) Pipe production facilities, f) Metal coating facilities, g) Facilities where non-ferrous metals are melted. 11- Textile facilities a) Filature, fabric, or carpet finishing facilities (by utilizing chemical or vegetable dyes, bleaching agents, or printing process etc.), b) Filature, fabric, or carpet mills utilizing dyeing process, c) Synthetic filature production facilities, d) Industrial type facilities where wool or angora is rubbed, de-oiled, and bleached, e) Filature, fabric, or carpet mills utilizing madder dyeing process. 12- Engine and Motorized Vehicle facilities a) Motorized vehicle production and assembly plants, b) Internal combustion engines production. 13- Glass and fiberglass production facilities. 14- Commercial Industry Zones for specific projects listed under Annex I or II. 15- Raw hide processing facilities (excluding those obtaining end product from processed raw hide). 16- All kinds of paper, cardboard or paperboard production facilities. 17- Rubber coating plants with annual production of 100,000 units or more. 18- Tire production facilities (inner and outer tires for motorized vehicles and aircrafts, rubber strap, rubber for tire regal, cord fabric etc.). Agriculture, forestry, aquaculture and food 19- Projects regarding animal and plant products: a) Raw and refined vegetable oil production facilities or integrated oil production facilities, b) Animal fat processing facilities, c) Starch production facilities, d) Facilities which produce alcoholic beverages with fermentation or malt facilities, e) Water products processing facilities, f) Milk or milk products processing facilities with the capacity of 5,000 liters per day or more, g) Slaughterhouses subject to 1 st or 2 nd class licensing requirements in accordance with the Regulation regarding the Procedures and Principles for Establishment, Opening, Operation and Inspection of Red Meat and Meat Products Processing Establishments published in the Official Gazette dated 11 September 2000 and No , h) Rendering facilities, i) Poultry slaughterhouses and processing facilities with a capacity of 10,000 chickens per day or more or equivalent in other poultry produce, j) Bovine and/or ovine animal raise farm facilities (500 or more in quantity of bovine animals, 1,000 or more in quantity of ovine animals), k) Aquaculture projects (30 tons/year or more), l) Cigarette/tobacco factories, m) Projects aiming to re-structure agricultural lands, n) Projects aiming to use un-processed or semi-processed lands for agricultural purposes, o) Water management projects with agricultural purposes, p) Projects for transformation of forest areas for other intended uses, r) Yeast factories. Communication, infrastructure, and shore structures 20- Infrastructure facilities: a) Water storage facilities (dams and lakes with a reservoir capacity of 10 million cubic meters or more; or with water surface area of 1 square kilometers or more), b) Projects aiming to transfer water between water-course basins (those not included in Annex I), c) Inland waterway construction (not included in Annex I), d) Flood control or re-arrangement of watercourse beds for other purposes, e) Seaports, dockage and piers (not included in Annex I), f) Fishing ports and tugboat harbors, g) Projects aiming to reclaim 10,000 square meters of land or more from the marine environment for recreation purposes, h) Coastal work to combat erosion and works capable of altering the coast through the construction of, for example, break walls, dikes, moles, jetties and other sea defense structures (excluding maintenance and repair of such structures), i) Railway lines (projects not included in Annex I),

11 j) Construction of transfer-purpose facilities in railway transportation and railway terminal construction, k) Tramways, elevated and underground railways, similar rail lines used for passenger transportation (metro, light rail transport system etc.), l) Airports (projects not included in Annex I), m) Provincial roadways, n) Boatyards (facilities providing services such as pulling yachts and boats from water, maintenance, repairs, accommodations, boat launching; or boat manufacturing plants), o) Groundwater extraction and groundwater storage projects with a capacity of 1 million cubic meters or more per year, Energy 21- River type power plants having 10 MW or more installed capacity. 22- Wind energy plants (wind farms). 23- Extraction of geothermal sources and facilities using geothermal energy (having 5 MWt-megawatt or more thermal capacity). 24- Industrial installations for production and/or transport of electricity, gas, steam and hot water (projects not included in Annex I) kv or more voltage energy transmission facilities (projects not included in Annex I). Tourism, sports, residential and education institutions 26- Mass housing projects (200 housings or more). 27- Tourist accommodation facilities (hotels, vacation villages and/or resorts etc. with a room capacity of 50 or more). 28- Training/education campuses. 29- Permanent camping and caravan facilities with 50,000 square meters or more surface area. 30- Theme parks (recreational parks where there is a public entrance fee for entertainment purposes, placed on larger land). 31- Ski areas and related mechanical facilities. 32- Permanent race and test tracks for cars and motorcycles. 33- Sports complexes and hippodromes. Mining 34- Mining projects regardless of license law and class; a) Mine extraction (projects not included in the Annex I), b) Extraction and processing of block and plate marble, decorative stones with annual capacity of 5,000 cubic meters or more; and marble cutting, processing and sizing facilities with annual capacity of 250,000 square meters or more, c) Extraction and storage of methane gas with annual capacity of 1,000,000 cubic meters or more, d) Facilities where carbon dioxide and other gases are extracted, stored, or processed with annual capacity of tons or more, e) Extraction of minerals and all types of mineral processing per Regulation on Quarries (25,000 cubic meters per year or more), f) Extraction and /or all kind of salt processing facility with a capacity of 50,000 tons/year or more per year, g) Ore enrichment and preparation facilities (those excluded from Annex I), h) Drilling operations within the same field with 3,000 meters or more depth. 35- Clinker mills or ready mixed concrete facilities or prestressed concrete production facilities. 36- Coal processing facilities; a) Gas and coke factories, b) Coal briquette facilities, c) Coal washing facilities, 37- Storage, classification, and packaging facilities for petro-coke, coal, and other solid fuels (excluding retail sales units), 38- Brick or roof tile production facilities (except for workshops). 39- Ceramic or porcelain production facilities (except for workshops). 40- Asphalt production plants. 41- Lime factories. 42- 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.