Protected Areas/Legislation of Turkey

Protected Areas/Legislation of Turkey

“Protected Areas” Legislation in Turkey

The protection of historical, cultural and natural assets and values ​​has been taken under state guarantee by Article 63 of the Constitution of the Republic of Turkey. When the main laws regulated within this framework are listed chronologically; Forest Law No. 6831 dated 1956, Law No. 2863 on the Protection of Cultural and Natural Assets dated 1983, Environment Law No. 2872 and Law No. 2873 on National Parks dated the same date, Decree Law No. 383 on the Establishment of the Special Environmental Protection Agency dated 1989, Land Hunting Law No. 4915 dated 2003, Soil Protection and Land Use Law No. 5403 dated 2005 constitute the foundations of protection legislation in Turkey. It is known that international agreements such as the Convention on Wetlands of International Importance, especially as Waterfowl Habitat (Ramsar-1971), the Convention for the Protection of the World Cultural and Natural Heritage (Paris-1972), the Convention on International Trade in Endangered Species of Wild Fauna and Flora (Washington 1973), and the Convention for the Protection of the Mediterranean Sea against Pollution (Barcelona-1976) are the reference points of the relevant protection laws (Yıldız and Aydın, 2023).

In Turkey, studies on “Protected Areas” are carried out by the General Directorate of Natural Assets Protection of the Ministry of Environment and Urbanization, the General Directorate of Nature Protection and National Parks of the Ministry of Forestry and Water Affairs, and the Ministry of Culture and Tourism. As can be seen, this issue has been shared between three ministries from the very beginning and requires the coordination of the units affiliated to these ministries. Although the “General Directorate of Natural Assets Protection Site Area Management System” aims to coordinate natural sites and protected areas throughout Turkey, adopt a central management approach regarding protection decisions and area management, and ensure institutional data transfer for protected areas throughout the country (Sezen, 2017), it is not yet clear whether this regulation is functional. The issue of protection is increasingly gaining vital importance and the danger of not being able to protect all these “Protected Areas” due to problems arising in the sharing of authority is increasing day by day. Areas with protection status at each level are tried to be introduced below. The situation is no different in terms of legislation and there are overlapping issues as well as conflicting statements on some issues. Looking at the photo here, it can easily be understood that this issue needs to be handled and managed by a single, rapidly strengthened unit.

When we look at the legislation, the formation of National Parks in Turkey began in the 1950s, but the first comprehensive law was the “National Parks Law No. 2873”, which was published in the Official Gazette dated 11.08.1983 and numbered 18132 and entered into force. Article 2 of this law states;

“a) National Park; Natural parts with national and international rare natural and cultural resource values ​​in terms of scientific and aesthetic aspects, and areas for protection, rest and tourism.

1. b) Nature Parks; Natural parts with vegetation and wildlife characteristics, suitable for public rest and entertainment within the integrity of the landscape,
2. c) Nature Monument; Natural parts with characteristics created by nature and natural events and scientific value and protected within the framework of national park principles,
3. d) Nature Conservation Area; It is stated that “it refers to the parts of nature that contain outstanding examples of rare, endangered or endangered ecosystems, species and natural events that are important in terms of science and education and that require absolute protection and are reserved for use only for scientific and educational purposes” (www.mevzuat.gov.tr). In the 5th Section of the same law, Article 14, the protection provisions in these areas are listed:

“Article 14. In the places covered by this Law;

1. a) Natural and ecological balance and natural ecosystem value cannot be disturbed,
2. b) Wildlife cannot be destroyed,
3. c) Any interventions that may cause or may cause the loss or change of the characteristics of these areas, and any work and operations that will create soil, water and air pollution and similar environmental problems cannot be carried out,
4. d) Any forest product production, hunting and grazing that will disturb the natural balance cannot be carried out,
5. e) Except for the structures and facilities specified in the approved plans and the facilities required for the defense system to be required by the General Staff, no structures and facilities can be established and operated in any way, or settlements can be made outside of the existing settlement areas in these areas, unless there is an indispensable and absolute necessity for the public interest.”

In this study, it is suggested that the protection provisions in question should be rapidly ensured for the geological heritage elements remaining in or near the “Protected Areas” to which the above provisions apply. Until its own legal definitions are made, there is no other way to protect Turkey's Geological Heritage from Anthropogenic effects.

The second strong legislation regarding “Protected Areas” in Turkey is the “Law No. 2863 on the Protection of Cultural and Natural Assets”, which was published in the Official Gazette dated 23.07.1983 and numbered 18113 and entered into force. In the Definitions section of Article 3, Clause (a) of this law, Article 1 defines Cultural Heritage elements. Article 2 defines Natural Assets, namely Natural Heritage Elements, and states that “Natural assets are values ​​located above ground, underground or underwater, belonging to geological periods, prehistoric and historical periods, and which need to be protected due to their rarity or their characteristics and beauty.” Article 3 explains the concept of “Sit”, and this article can be an important reference point in terms of the Protection of Geological Heritage. According to this article, the Site is defined as “cities and city ruins that are the product of various civilizations from prehistory to the present day and reflect the social, economic, architectural and similar characteristics of the periods they lived in, places where cultural assets are densely located, which have been the subject of social life or where important historical events have taken place, and areas that need to be protected with their identified natural features.” According to this definition, the legislator clearly intended to include “Geological Heritage Areas” by saying “identified areas.” Although not clearly defined in this law, “natural assets” have been tried to be protected together with cultural assets and given as much importance as them.

The third legislative example is the “Regulation on the Procedures and Principles Regarding the Determination, Registration and Approval of Protected Areas” prepared based on the relevant provisions of the above-mentioned laws. The implementation authority of this regulation was given to the “General Directorate of Protection of Natural Assets” established within the scope of the same laws. In Article 4 of this regulation, the definitions of Monument Tree, Biological Diversity, Natural Caves, Natural Site, Endemic Concept, Habitat, Geological Formations, Sensitive Area to be Strictly Protected, Protected Area, Conservation Area, National Park, Special Environmental Protection Area, Ramsar Area, Wetland, Natural Monument, Natural Park, Natural Assets, Nature Protection Area, and relevant administrative units are given. In the Third Section, “Bases and Principles Regarding the Determination, Distinctive Features, Registration, Approval and Announcement of Natural Sites, Natural Assets and Special Environmental Protection Zones” are defined and “Principles and Criteria for Determination of Natural Sites” are listed in Article 6. It would be useful to quote this article verbatim from the law, which we believe is very important for the intended association in the study:

“ARTICLE 6 – (1) Natural protected areas are areas that contain one or more of the following features.

1. a) Sufficiently large to sustain ecosystem functions,
2. b) Possessing significant biodiversity values ​​in terms of species, genetics, habitat and ecosystem diversity,
3. c) Containing species that are threatened and endangered on a regional, national or global scale, with narrow distribution or endemic species or containing habitats where these species spend a certain period of their lives,

ç) Capable of representing these species in terms of protecting threatened ecosystems or species in danger of extinction,

1. d) Possessing social, cultural and recreational value that ensures resource and landscape integrity,
2. e) Able to preserve its natural structure with no or limited human intervention,
3. f) Having typical, natural, rare features,
4. g) Containing species or habitats that are more attractive than other species or habitats,

ğ) Possessing surface and underground water resources of ecological importance in terms of hydrological-hydrogeological aspects,

1. h) Representing a habitat for migratory bird species,

ı) Ecological rehabilitation or ecological rehabilitation that includes existing and potential habitat types “areas that can be regained through restoration works and reclamation methods,

1. i) preserve natural processes and species that will ensure the long-term continuity of biological diversity”.

As can be seen, although the concepts such as “geological heritage, geosite, geopark” are not explicitly included in this regulation, articles e, f and g have come quite close to this. Finally, in the second sentence of the same article, it is stated that “Natural protected areas are divided into three categories as sensitive areas to be strictly protected, qualified natural conservation areas and sustainable conservation and controlled use areas”. The definitions regarding this sub-zoning are also included in the regulation in detail. In this study, this regulation and its related articles should be accepted as the basis for “protection of geological heritage” and as the classification criterion in the application of “geoprotection”. However, arrangements that can be accepted in the international arena should be made rapidly in the regulation in question and concepts such as “Geological Heritage”, “Geosite”, “Geopark” and “Geoprotection” should be given legal legitimacy.