Environmental Law

The project’s position in the annexes of the current EIA Regulation is assessed by reference to capacity, area, production method, linked units and activities planned together. The risks of splitting the project into parts, presenting it as below the thresholds, or overlooking auxiliary units are examined. Taking into account the 2026 amendment, transitional provisions and any earlier applications or decisions, the administrative route to follow is determined.

The EIA application file, the technical content underlying the project introduction and the reports are prepared by organizations authorized under the regulation. The legal work focuses on ensuring that the project definition is consistent with company documents, licenses, contracts and other permits; verifying the authority to apply; classifying authority opinions; and drafting commitments in an enforceable form. The flow of tasks, approvals and document versions among the technical team, the investor and the legal department is organized.

Legal preparation is carried out so that announcements, notices, meetings, stakeholder comments and authority correspondence are conducted in line with current procedure. The project owner’s statements must be consistent with the report and the actual plan; a balance between trade secrets, personal data and public information is maintained; and meeting minutes and subsequent project revisions are tracked. The participation process is treated not as a merely formal meeting but as a stage that affects the legal durability of the decision file.

The effect on the project of the current decision type, the conditions of the decision, its announcement, commitments, project start and connection with subsequent permits are reviewed. The reasoning behind a negative decision, or one requiring a more comprehensive report, is evaluated together with the technical team. Older “EIA Not Required” decisions are considered separately, taking into account the legislation in force when they were issued, the project’s capacity and later changes.

The effect on the EIA and the environmental permit of a production increase, a new line, a change of raw material, an auxiliary facility, a storage area, waste acceptance, an energy source, or a change in the project coordinates is examined. The cumulative assessment of several increases, the calculation of threshold values and the limits of the existing decision are important. Before a change is implemented, the sequence of required opinions, applications and permit updates is set up.

The effect of a share transfer, asset transfer, merger, demerger, workplace lease or change of trade name on the EIA decision, environmental permit, license, guarantee, electronic system account and reporting obligations is examined. Discrepancies between the administrative documents and the de facto operator are resolved, and notifications, transfer documents and the date of responsibility are clearly recorded. Past violations and post-transfer obligations are regulated separately in the contract.

The final report, the project introduction file, committee assessments, authority opinions and the commitments arising from the decision conditions are gathered in a single table. For the construction phase, the monitoring, measurement, reporting and notification duties of the relevant activity phases are assigned to responsible units. If field implementation departs from the approved project and commitments, the need for a correction, a clarification or a new application is assessed.

For the electronic application, the company, facility, EIA, capacity, process and permit documents required are reviewed for legal consistency. Attention is paid to the legal entity and facility in whose name the application is made, authorizations, e-signature, deficiency letters, deadlines and permit subjects. In the transition from the interim operation stage to an environmental permit, the schedule of the authorized organizations that will produce measurements and technical reports is coordinated so that it is completed before the administrative period expires.

The relationship between the environmental permit and sources such as combustion, production, drying, smelting, coating, crushing and screening, and storage is evaluated. Emission measurement, modeling, continuous monitoring, stack compliance and limit values are the domain of technical organizations; legal work structures the function of these outputs in the permit application, inspection defense, contracts and the investment plan. Whether changes in fuel, capacity or process require a permit update is also reviewed separately.

The discharge of industrial or domestic wastewater into the receiving environment, its connection to the sewerage system, and treatment, pre-treatment, reuse and monitoring obligations are determined. Discharge standards, sampling and analysis are carried out by authorized technical organizations; the permit, connection protocol, notification, fees, sanctions and dispute dimensions are addressed in the legal file. The different legal functions of a water use permit and a discharge permit are separated.

The relationship between noise from industry, construction, entertainment, transport and other activities and the environmental noise regulations is examined through permits, controls, measurements, working hours and local decisions. Acoustic measurements and reports are prepared by authorized technical persons. Legal work determines how the same incident is managed across complaints, inspections, temporary activity restrictions, administrative sanctions, neighbor disputes and contractual liability.

An analysis of the activity, capacity and sector of facilities covered by the Industrial Emissions Management Regulation is carried out. The techniques defined in the legislation, emission levels, the transformation plan and the technical work on classification under the Green Industrial Transformation Certificate are conducted by competent specialists; legal services focus on the certificate conditions, transition dates, the link with the environmental permit, data responsibility, investment contracts and the administrative process. Regulation annexes and sector reference documents are rechecked at each update.

The packaging, labeling, temporary storage, transport, dispatch to a licensed facility and declaration of waste with hazardous properties are reviewed. An emergency response and notification plan is set up in case of leakage, mixing, improper storage or a loss recorded in transport. In addition to environmental liability, occupational health and safety, the transport of dangerous goods, criminal law and insurance provisions are also assessed.

The roles of the producer, importer, party placing on the market, supplier and point of sale in the product and packaging flow are determined. The applicability, on a product basis, of the recovery participation fee, declaration, notification, labeling, deposit or extended producer responsibility arrangement is examined. Consistency of quantities and periods across customs, tax and environmental records is checked; contracts set out product information, data sharing, declaration support and recourse provisions.

The zero waste obligation of an institution, building, campus or business is addressed in terms of the collection system, responsible persons, training, temporary storage, records and certification. The system is not regarded merely as the placement of bins; the actual waste flow and the relations with the municipality, licensed facility and service provider are assessed together. For deficiencies identified before certificate renewal or inspection, a dated corrective action plan with responsible persons is prepared.

The separate collection, transport, handover, licensing and reporting provisions for waste oil, electrical and electronic equipment, batteries and accumulators, end-of-life tires, medical waste, waste cooking oil and other sector-specific streams are examined. Including a waste in the general waste procedure does not remove the obligation arising from a special regulation. Contracts with product suppliers and waste service providers are structured according to this division of duties.

Registration, evaluation, authorization, restriction, classification, labeling, packaging and safety data sheet obligations are examined in legal terms for the manufacture, import and placing on the market of chemical substances and mixtures. The technical file and chemical safety assessment are prepared by competent persons. Company roles, the single-representative arrangement, the supply chain data flow, contractual declarations and responses to administrative inspection are structured legally.

Notification, site investigation, remediation and monitoring obligations are researched in case of suspected contamination, spills, underground tanks, former industrial use or an accident. Responsibility among the property owner, tenant, operator, polluter, acquiring company and contractor is not determined solely by the land registry record. Sampling and risk assessment are carried out by technical organizations, while the administrative process, contracts, cost sharing, recourse and dispute strategy are managed legally.

Water supply, wells, groundwater use, basin protection provisions, absolute and short-distance protection zones, water allocation, drought measures and activity restrictions are examined. The right to use water, the building or operating license, and the environmental discharge permit are kept separate. Whether the project’s capacity matches the actual water need and the treatment and reuse plan is addressed within the decision sequence of the different authorities that issue permits.

Pollution that may arise from ports, marinas, shipyards, coastal facilities, tourism businesses, ships and other vessels is assessed in terms of authority, notification, minutes, cleaning, waste reception, liability and sanction provisions. The nature and spread of marine pollution are determined by technical teams. Legal work focuses on preserving the incident record, inter-agency notification, administrative defense, insurance notice, recourse and compensation processes, all conducted without contradiction.

The relationship of the project with flora, fauna, habitats, endemic species, migration routes, wetlands, natural sites, specially protected environmental areas and national or international protection statuses is examined. Coordination covers planning technical ecological surveys to suit the project season and site characteristics, realistic assessment of alternative sites, and reflection of authority opinions in the decision file. Protection status is considered not merely as a heading in the EIA report but as an independent source of permits or prohibitions.

The relationship of environmental permits to forest permits, change of use to non-agricultural purposes, change of pasture allocation purpose, olive grove protection, and natural asset or cultural asset decisions is established. It is clarified that a permit obtained from one administration does not automatically give rise to other permits. Consistent area coordinates, project units and transport connections across all permits are ensured, and permit durations and rehabilitation conditions are entered into the investment schedule.

The connection among the EIA, licensing, land, water, forest and environmental permits for energy generation and storage, transmission lines, mines, quarries, crushing and screening, dams, roads, ports, waste facilities and other infrastructure investments is examined. The main project and linked activities, such as a raw material quarry, an energy line, a road, a storage or a waste unit, need to be assessed together. Work programs, financing and construction contracts are arranged according to the permit sequence and environmental commitments.

Permit and transition obligations are examined for activities that cause direct greenhouse gas emissions within the ETS. The monitoring plan, the annual emissions report and verification are the responsibility of technical and accredited actors. Legal work structures the facility boundary, operator, data ownership, verifier contract, declaration authority, confidentiality, correction and audit flow. The transition period in the Law, the TR ETS Regulation of August 27, 2026, subsequent regulations and the decisions of the competent board are monitored together. Being outside the ETS scope may not mean that monitoring, reporting and verification obligations have also ended.

The national allocation plan, delivery of allowances, primary and secondary market transactions, market accounts, registration, security, trading authority and the risks of market-distorting conduct are addressed legally. The TR ETS Regulation of August 27, 2026 is in force. The scope and duration of the pilot implementation are determined by decisions of the competent board; the implementing regulations for allowances and market transactions are assessed separately. Outdated draft timetables are not used as a definitive date or a fiscal burden. In purchase, sale, brokerage and financing contracts for carbon assets, the provisions on delivery, invalidity, data errors and regulatory change are set out expressly.

The methodology, additionality, verification, registration, double counting, credit ownership and cancellation conditions of an emission reduction or removal project are examined through a division of technical and legal duties. The rights of the landowner, project developer, investor, verifier and buyer are defined in the contract. Registration on the voluntary market, or use of a national system or an international standard, does not by itself show that the credit can be used in future national obligations.

Emission reduction targets across energy, process, raw materials, logistics, products and the supply chain are structured together with management approval, the investment budget, the data source and the responsible unit. Legal services examine the basis for the target and its public disclosure, contractual commitments, financing conditions and the regulatory transition. Scientific target setting and carbon accounting are carried out by the relevant technical experts; the legal text does not present an unverified or uncertain target as a certain result.

The effect of physical risks such as drought, water stress, extreme heat, fire, flood, storms, sea level rise, supply interruption and employee health on permits, contracts, insurance, financing and business continuity is examined. Technical risk analysis by facility and project is carried out by competent specialists. Legal work establishes responsibility for adaptation investments, the duties of landlord and tenant, force majeure, adjustment, notification and the post-disaster record system.

Under Law No. 7552, the mitigation and adaptation components of local climate change action plans to be prepared at provincial level, the Provincial Climate Change Coordination Boards and the participation of relevant institutions are examined legally. Public administrations are supported in plan preparation, data provision, tenders, contracts and implementation decisions. The interaction of private sector investments with local plans, the binding level of the plans and their effect on specific permits are assessed separately under the regulations in force.

The scope of the Turkish Sustainability Reporting Standards applicable to the company, management responsibility and the legal basis of environmental and climate disclosures are reviewed. Financial materiality, greenhouse gas measurement and assurance audit fall within the field of the relevant reporting and audit experts. Legal support focuses on the consistency between environmental permit data and report disclosures, internal approval, record retention, misleading statements, investor communication and contractual disclosures.

The scope, measurement boundary, period, verification and exceptions of statements such as “carbon neutral,” “net zero,” “recyclable,” “eco-friendly,” “sustainable” and similar are reviewed. It is ensured that an environmental claim used on packaging, a website, a report, a tender offer or an investor presentation rests on the same data. Consumer, advertising, unfair competition, capital markets and contractual liability are assessed together; vague or unverifiable absolute statements are not used.

Contracts for raw materials, energy, logistics, waste, packaging and production services are supplemented with provisions on environmental permits, data provision, audit rights, subcontractors, incident notification, improvement, termination, damages and recourse. Reliance on a supplier merely presenting a document is not sufficient; the scope of the activity, facility and date covered by the document is verified. Public or private green procurement criteria, technical specifications and the contract are structured in a measurable form.

In share or business transfers, project financing, credit, leasing and real estate acquisition, the review covers environmental permits, EIA status, past violations, inspections, waste and soil risk, closure obligations and investment needs. Data room findings are interpreted together with field inspection and technical reports. How the risk is addressed, whether through price, conditions precedent, representations and warranties, a special indemnity, an escrow account, insurance or a post-closure commitment, is determined by the transaction structure.

The inspection authority, minutes, the sampling and measurement process, the scope of the information and documents requested, and the trade secret and personal data aspects are examined. Statements to the authority are prepared consistently with facility records, technical reports and earlier declarations. When a deficiency is found, the time for corrective action, its responsible person, the verification method and the need for a permit update are determined; providing false or incomplete information is not acceptable in principle.

The competence, procedure, findings, reasoning and time limits are examined for administrative fines, partial or full suspension of activity, suspension or cancellation of a permit or document, recovery of costs, and orders to restore the original state. Depending on the nature of the act, the provisions of the Turkish Penal Code on intentional or negligent pollution of the environment, special laws, and liability for damages and recourse may also come into play. Administrative applications, stay of execution, annulment actions and full remedy actions are managed together with the technical opinion, the on-site examination and the expert process.