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Author Topic: The Environment Code - Law no: 2872  (Read 8239 times)

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The Environment Code - Law no: 2872
« on: September 15, 2010, 02:21:08 AM »
THE ENVIRONMENT CODE

LAW NO      :   2872
DATE PASSED   :   9.8.1983
PROMULGATION   :   Official Gazette no. 18132, 11.8.1983

The Pollution Prohibition

ARTICLE 8 : It is prohibited, to introduce into, store in, transport to or remove from the receptor area any discharge or waste in such a way as to inflict damage on the environment or in a way directly or indirectly in contradiction with the standards and methods specified in the pertinent regulations, or to engage in similar activities.

In situations where there is a possibility of pollution, the parties involved are required to prevent that pollution; in situations where pollution is created; the polluter is required to take the measures necessary to stop the pollution or to eliminate or reduce its effects.

Fines on Ships

ARTICLE 22 : The following fines shall be imposed on ships and marine craft which infringe the pollution prohibition contained in paragraph 1 of Article 8 of this Law along any of Turkey's coasts, or in her territorial waters including the Sea of Marmara, the Bosphorus and the Dardanelles, or in her ports and harbours or in her natural and man-made lakes:

a) (Amended on 4 June 1986 by Article 4 of Law no. 3301) On tankers that dump ballast, five million liras on those up to 1000 (inclusive) gross tons, ten million liras on those between 1000 and 5000 (inclusive) gross tons and fifty million liras on those over 5000 gross tons.

b) (Amended on 4 June 1986 by Article 4 of Law no. 3301) On other ships, tankers included, which dump any kind of discharge or waste or which discharge bilge water, five million liras on those between 18 (inclusive) and 1000 (inclusive) gross tons, and ten million liras on those over 1000 gross tons;

c) (Amended on 4 June 1986 by Article 4 of Law no. 3301) On ships up to 18 (exclusive) gross tons and on other marine craft not conforming to the definition of a ship (excluding exhaust pollution caused by motorboats with two-stroke outboard motors operating on a mixture of gasoline and oil), which pollute the sea or discharge bilge water, three hundred thousand liras.

Repeated Violations

ARTICLE 23 : If the acts specified in Articles 20, 21 and 22 of this Law are repeated, the fines shall be doubled.

Authority regarding Fines Administrative in Nature

ARTICLE 24 : (Amended on 4 June 1986 by Article 5 of Law no. 3301) The fines specified in the above Articles shall be imposed directly by the highest official of the local administration. Those fines shall be collected by the office of finance in accordance with the provisions of Law no. 6183 Concerning the Procedure for Collecting Public Debts. However, the fines specified in Article 22;

a) Shall be imposed by the Mayors of the Large Municipalities in  the lakes, rivers, shores, straits, harbors and bays that lie within the boundaries of the Large Municipalities. Ships and other marine craft which are unable to provide guarantees or surety on this point, shall be prohibited from operating.

If the fine is not paid, it shall be collected in accordance with the Provisions of Law no. 6183 Concerning the Procedure for Collecting Public Debts.

The fines imposed by Large Municipalities shall be collected in return for a receipt and deposited with the highest financial office of the district. 20 % of the fine so deposited shall be transferred to the Municipality and 80 % to Environmental Pollution Prevention Fund. Up to 50%  of the sum transferred to this Fund shall be used for the improvement of environmental health with the approval of the Ministry of Health and Social Welfare.

b) Outside the boundaries of the Large Municipalities, fines shall be collected directly by the commanders of Coast Guard boats. Ships and other marine craft which do not pay the fine immediately and in a lump sum shall be taken to the nearest and most convenient port and turned over to the prosecutor, and the provision specified in paragraph (a) above shall be applied in reference to them.

In the case of seagoing vessels which are not self-propelled, a report of the situation shall be made in writing and submitted to the prosecutor of the nearest coastal provincial or sub-provincial center.

c) In the case of pollution in areas outside the boundaries of the Large Municipalities, or pollution of seas, harbors, rivers, and lakes, the civil authorities shall be authorized to impose fines.

Such fines shall be collected in return for a receipt and deposited with the highest financial office of the district.

The principle to be followed in the determination of fault in the case of fines imposed in ships and marine craft, the methods of imposing such fines, and the form, distribution and control of the receipts to be used in implementing the fines shall be made explicit in special regulations.

Objections to Fines Administrative in Nature

ARTICLE 25 : Objection to administrative fines may be made to the authorized administrative court within a maximum of seven days from the date of issue of the fine.

An objection shall not block the execution of the penalty.

Unless there is a necessity to do otherwise, an objection shall be handled in document form in the shortest time possible.

Fines imposed over objections shall be final.

Polluter's Responsibility

ARTICLE 28 : (Amended on 3 March 1988 by Article 88 of Law no. 3416) Polluters of the environment and those who cause damage to the environment are responsible, regardless of degree of fault, for the damage arising from the pollution and destruction they cause.

The polluter shall be required to pay compensation for the resulting damage according to the general provisions.
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