Organize Sanayi Bölgeleri Yer Seçimi Yönetmeliği (İngilizce)

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OFFICIAL GAZETTE DATED: JANUARY 17, 2008 / NUMBERED:26759

From the Ministry of Industry and Trade:

SECTION ONE
Purpose, Scope, Basis, and Definitions

Purpose

ARTICLE 1 – (1) The purpose of this Regulation is to determine the principles regarding the place selection of organized industrial zones.

Scope

ARTICLE 2 – (1) This Regulation shall cover the place selection survey and stages of organized industrial zones.

Basis

ARTICLE 3 – (1) This Regulation is prepared pursuant to sub-clause (d) of the first paragraph of article 2, sub-clause (a) of the first paragraph of article 11, and article 33 of the Law numbered 3143 on the Organization and Duties of the Ministry of Industry and Trade, dated January 8, 1985 and article 4 of the Organized Industrial Zones Law numbered 4562, dated April 12, 2000.

Definitions and abbreviations

ARTICLE 4 – (1) The following terms included in this Regulation shall have the meanings written next to them;

a) Ministry: The Ministry of Industry and Commerce,

b) Survey: The place selection survey report, which the Ministry shall prepare or get prepared before the selection of the place,

c) Threshold Analysis: The analysis obtained by overlapping the information concerning the existing and potential planning works of institutions and organizations on 1/100,000 and/or 1/25,000 scaled topographic maps with the aim of determining the areas or alternative areas, where an OIZ may be established,

ç) Specialized OIZ: The OIZs, which include facilities that operate in the same sector group or in its sub-sectors,

d) Commission: The commission mentioned in Annex-1,

e) OIZ: The organized industrial zone,

f) OIZ Preliminary Survey and Information Report: The report, which contains the general information related to the settlement unit where an OIZ is desired to be established, which specifies the justifications concerning the establishment of the OIZ, and the contents of which are determined by the Ministry,

g) Proposed Area: The area proposed in the place selection request by the real persons and legal entities, who wish to establish an OIZ,

ğ) Private OIZ: The OIZ that is requested to be established by the private legal entities or real persons pursuant to article 26 of the Law numbered 4562.

SECTION TWO
Place Selection Request and Survey Stage

Place selection request and start of works

ARTICLE 5 – (1) Place selection works shall start after the place selection request is submitted to the Ministry together with the OIZ Information Report prepared by the real persons and legal entities, who wish to establish an OIZ, and accompanied with the positive opinion of the Governorship and following the evaluation to be realized by the Ministry in this respect.

(2) However, if the place selection request includes a proposed area, positive opinion of;

a) the special provincial administration, or

b) the relevant municipality, if it is within the boundaries or adjacent areas, shall be required for the subject area.

Responsibility of public and/or private agencies and organizations in survey studies

ARTICLE 6 – (1) The Ministry shall conduct the survey or get it conducted by others.

(2) The information, documents, and maps needed about the OIZ for which the survey shall be carried out, shall be obtained from the central and/or provincial organizations of relevant public and/or private agencies and organizations.

(3) Costs related to the procurement of the maps to be needed during the preparation of the survey, duplication of these maps, shooting of photographs and videos and their duplication, and supply of tools-equipment shall be borne by the institutions and organizations that shall participate in the establishment of the OIZ and by private law legal entities or real persons in private OIZs.

Additional information request

ARTICLE 7 – (1) The Ministry may request opinions, additional information, documents, or research from the relevant institutions and organizations during any stage of the works if it deems necessary.

Sections of the Survey

ARTICLE 8 – (1) The survey shall consist of the following sections.

a) I. Introduction.
b) II. Threshold analyses.

c) III. Determination of alternative areas and entering of the boundaries.

ç) IV. Characteristics of alternative areas.

d) V. Conclusion and recommendations.

e) References.

f) Annexes.

Introduction

ARTICLE 9 – (1) The place selection request letter shall include information related to the geographical, social, economic, and geological structure of the province/district, about which the survey is conducted.

Threshold Analyses

ARTICLE 10 – (1) A threshold analysis map shall be formed by entering the areas that are under the possession of the central, subsidiary, relevant, and provincial organizations of the agencies and organizations specified in Annex-1 in 1/100,000 or 1/25,000 scaled topographic maps.

(2) These maps shall be obtained from the relevant governorship, district governorships, municipalities, or other agencies and organizations.

Determination of alternative areas and entering of the boundaries

ARTICLE 11 – (1) Areas, which do not fall in investment or project areas of any agencies or organizations, the inclination and geological conditions of which are suitable for construction, and which conform to the decisions of the environmental layout plan and the master zoning plan, if any, in the 1/100,000 or 1/25,000 scaled threshold analysis maps prepared as specified in article 10, shall be determined as areas, where OIZs may be established or alternative areas as a result of all investigations deemed necessary by the Ministry.

(2) The alternative area boundaries that are determined shall be entered in the 1/100,000 or 1/25,000 scaled threshold analysis and in the copy of the 1/5,000 scaled cadastral section maps to be obtained from the relevant land directorate.

(3) Provisions of this article shall apply for proposed areas.

(4) Provisions of this article shall apply about the suitability of the private OIZ proposed areas, which are requested to be established by private law legal entities and real persons pursuant to article 26 of the Organized Industrial Zones Law numbered 4562 and which are specified in the definition of OIZ in article 3 of the same Law.

Characteristics of alternative areas

ARTICLE 12 – (1) Characteristics of alternative areas shall be determined within the scope of the following headings;

a) Locality,

b) Distance from the city center and location in terms of direction,

c) Other places of settlement located in the surroundings, their distances and locations in terms of direction,

ç) Size,

d) Connections to and distances from highways, airports, ports, and railways,

e) Ownership status,

f) Cadastral status,

g) Whether or not located within the boundaries of municipality or adjacent areas,

ğ) Status according to the environmental layout plan, if any,

h) Current land usage status,

ı) Current and planned status of the surrounding areas,

i) Inclination and direction,

j) Seismic belt located on,

k) From where the water requirement can be met,

l) From where the energy requirement can be met,

m) Waste water or rain water discharge environment,

n) Dominant wind direction,

o) Whether or not it has the potential to develop and expand,

ö) Whether or not its surroundings are suitable for residential and sub-industry settlement,

p) Location according to protected zones such as special environmental protection zones, conservation areas, national parks, wetlands, and natural monuments as well as areas that are required to be protected pursuant to international conventions, if any,

r) Drainage status,

s) Exposure to floods,

ş) Whether or not it has a previously determined geological problem,

t) Location according to underground and surface drinking and utilization water sources, if any,

u) Location according to solid waste storage areas, if any,

ü) Location according to existing or planned airports and military zones, military security and forbidden zones, if any, and according to airport barrier plan,

v) Location according to water products reproduction and production fields,

y) Natural resource potential.

Conclusion and recommendations

ARTICLE 13 – (1) Within the framework of article 11, areas suitable for establishing OIZs or alternative areas and those not suitable for establishing OIZs and in private OIZS, whether or not the proposed area is suitable as a place for OIZs shall be stated with the relevant justifications in the conclusion of the report.

References

ARTICLE 14 – (1) The references used in the preparation of the survey shall be stated.

Annexes

ARTICLE 15 – (1) Information, certificates, and documents such as cadastral section maps, satellite images, title deed records, and environmental layout plans, which are obtained from agencies/organizations during the preparation of the survey, shall be attached at the end of the report.

Absence of alternative areas

ARTICLE 16 – (1) If an alternative area could not be found as a result of the survey prepared, this situation shall be notified in writing to the relevant governorship and if the subject of the request is a private OIZ, to the real persons and legal entities, who made the subject request and the place selection commission shall not convene.

SECTION THREE

Selection of Place

Formation of the commission

ARTICLE 17 – (1) The date of the place selection to be chosen and the maps and information related to the area or alternative areas to be determined by the Ministry shall be sent to the agencies and organizations specified in Annex-1 in advance, in a way to provide them with sufficient time. These agencies and organizations shall be requested to send their authorized representatives to the commission to provide their final opinions on behalf of their agencies and organizations with regard to the matters that fall within their authority and duty areas.

(2) Agencies and organizations, which provided positive opinions concerning the alternative areas in writing during the stage of the survey, may not be invited to participate in the commission following the evaluation to be made by the Ministry.

(3) The scope of the list containing the agencies and organizations, which shall send members to the commission, may be expanded in case it is deemed necessary by the Ministry.

(4) Nobody other than the representatives of the agencies and organizations specified in Annex-1 or the expanded list may participate in the commission. However, if there is a request in this direction, representatives of non-governmental organizations to be determined by the Ministry may attend the commission meetings as observers.

Duties and operation of the commission

ARTICLE 18 – (1) The presidency and secretarial works of the commission shall be carried out by the Ministry.

(2) The commission comprising of the representatives of the agencies and organizations included in Annex-1 shall convene at the determined time and place. Representatives of the relevant agencies and organizations shall attend the commission meeting, perform all investigations related to alternative areas, remain at the place of meeting until the meeting is finalized, and provide opinions on behalf of their agencies and organizations.

Examination of alternative areas

ARTICLE 19 – (1) The commission shall examine alternative areas onsite.

(2) Areas, for which a survey was not conducted, shall not be evaluated by the commission.

Place selection commission report

ARTICLE 20 – (1) The commission shall determine one of the areas examined by it as the place of the OIZ with the unanimous votes of the members participating in the commission. A commission report containing the characteristics of alternative areas, opinions of agencies and organizations, and a conclusion section shall be drawn up during the commission meeting. This report shall be attached with the 1/25,000 scaled map and cadastral section copy of the area selected as the place of the OIZ.

(2) Agencies and organizations, the representatives of which do not attend the commission meeting and which state that they would provide their opinions subsequently, must submit their final opinions to the Ministry within no later than thirty days following the commission meeting.

(Added sentence: O.G.-21/2/2008-26794) The agencies and organizations, which do not provide their opinions within this period, shall be considered to have provided positive opinions by the Ministry.

Inability to find a suitable area
ARTICLE 21 – (1) The alternative areas examined during the works of the commission may be found unsuitable as a place of OIZ by the commission. This situation shall be indicated in the conclusion section of the report and the decision of the commission shall be notified to the relevant governorship by the Ministry. If the positive opinions of the agencies and organizations, which previously provided negative opinions, are sent to the Ministry by the governorship, the works shall be continued.

(2) (Abolished: O.G.-21/2/2008-26794)

Finalization of the place of the OIZ

ARTICLE 22 – (1) In line with the report of the place selection commission prepared as specified in article 20 and the opinions of the agencies and organizations sent subsequently to the Ministry, if any, the place of the OIZ shall be finalized by the Ministry following;

a) the preparation of the empirical geological survey report in line with the relevant sub-regulating procedures of the Ministry of Public Works and Settlement,

b) if a specialized OIZ is concerned, the obtaining of the positive Environmental Impact Assessment certificate,

c) if the selected area includes parcels qualified as pastures, the changing of such qualification by applying to the relevant agency and registration of such parcels in the name of the Treasury,

ç) if the selected area includes unregistered places under the discretion and possession of the state, the registration of such places in the name of the Treasury.

(2) The decision that the finalized OIZ place is approved shall be notified to the relevant governorship and the concerned agencies and organizations together with the report of the place selection commission and the conditions specified in the opinions of the agencies and organizations sent subsequently to the Ministry, if any.

(3) If the place of the OIZ cannot be finalized, other alternative areas specified in article 19 shall be taken under evaluation.

SECTION FOUR

Miscellaneous and Final Provisions

Regulation removed from effect

ARTICLE 23 – (1) The Organized Industrial Zones Place Selection Regulation, which was published in the Official Gazette numbered 24408 and dated May 21, 2001, is removed from effect.

Effectiveness

ARTICLE 24 – (1) This Regulation shall become effective on the date of its issuance.

Enforcement

ARTICLE 25 – (1) The provisions of this Regulation shall be enforced by the Minister of Industry and Trade.

(Amended: O.G.-21/2/2008-26794)

ANNEX-I

LIST OF AGENCIES TO SEND MEMBERS

1) MINISTRY OF PUBLIC WORKS AND SETTLEMENT

2) MINISTRY OF HEALTH

3) MINISTRY OF TRANSPORT

4) MINISTRY OF AGRICULTURE AND RURAL AFFAIRS

5) MINISTRY OF ENERGY AND NATURAL RESOURCES

6) MINISTRY OF CULTURE AND TOURISM

7) MINISTRY OF ENVIRONMENT AND FORESTRY

8) SPECIAL PROVINCIAL ADMINISTRATION

9) RELEVANT MUNICIPALITY (If the area under examination is within the boundaries of the Ministry)

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