The General Communiqué of National Estate (the “Communique”) has been published in the Official Gazette dated October 8, 2016 and numbered 29851. The purpose of the Communiqué is to regulate the procedures and principles regarding the right of easement and/or utilization permit with respect to state-owned lands for the construction of marinas. The Communiqué determines the procedure for application, tender, pre-license, establishing right of easement and/or granting utilization permit to the investors.
The National Estate General Communique (the “Communique”) has been published in Official Gazette dated July 24, 2016 and numbered 29780. The Communique regulates the process regarding every type of moveable, real estate, receivable, official documents, which are acquired by public treasury within the scope of Decree Law numbered 667 and numbered July 22, 2016. Relatedly, all accounts of closed institutions in banks and other financial institutions shall be firstly blocked. As per this amendment, companies which owe to closed institutions must make their payments to public treasury. If payments are not done, this situation shall be notified to Ministry and actions must be taken in accordance with Ministry’s response.
Certain provisions of the Regulation on Implementation of Organized Industrial Zones (published in the Official Gazette dated 22 August 2009 and numbered 27327) has been amended by the Ministry of Science, Industry and Technology. This Regulation sets forth procedure for the determination of the attendees that will be elected to the committee of enterprising. In addition, the non-transferable duties and authorities of the general assembly and the committee of enterprising have been regulated. As per the Regulation, the general assembly and the committee of enterprising have been entitled to amend the articles of association of the companies which operate in an Organized Industrial Zone (“OIZ”) and such authority shall not be transferred or assigned to a third party.
Regulation on Type Zoning Regarding the Planned Areas (published in the Official Gazette dated November 2, 1985 and numbered 18916) has been amended by the Ministry of Environment and Urban Planning. In accordance with the amendments, the expression “1/1/2016” in Provisional Article 6 of this Regulation which is the commencement date of the implementation has been replaced by the expression “1/1/2017”. In addition, this Regulation will be performed by the Ministry of Environment and Urban Planning.
Regulation Regarding the Amendment to the Application Regulation of Article 16 of Forestry Law has been published by the Ministry of Forestry and Water Affairs in the Official Gazette dated April 19, 2015 and numbered 29331. Accordingly, in research which do not require excavation, the regional directorate is to provide a document to the applicant which has all required documents in mineral exploration. The applicant may therefore make research which does not require any excavation with such document. It may be allowed to perform the research with a drilling core upon giving a warranty to the administration. In addition to the above, signs which are minimum 2 meters higher than the ground and which are at most 25 meters apart from each other are to be installed by the licensee before the start of the mining activities.
Amendment to the Regulation Regarding Implementation of Articles 17/3 and 18 of the Forestry Law has been published by the Ministry of Forestry and Water Affairs in the Official Gazette dated May 20, 2015 and numbered 29361. With this Amendment Regulation, the application procedure for utilizing forestry lands under the Regulation on Implementation of Article 17/3 and Article 18 of the Forestry Law which has been published in the Official Gazette dated April 18, 2014 and numbered 28976 has been amended. As per Article 1 of the Amendment Regulation, the applicant should apply to the Energy Market Regulatory Authority in order to obtain a preliminary permit. After obtaining the preliminary permit, the applicant should prepare and submit the documentation required under this Regulation for obtaining the final permit. Upon its evaluation of the applications for the final permit, the Ministry of Forestry and Water Affairs may serve the final permit notification to qualified applicants or decide to extend the preliminary permit period.
The Regulation Regarding Implementation of Articles 17/3 and 18 of the Forestry Law (published in the Official Gazette dated April 18, 2014 and numbered 28976) was issued in order to regulate the construction permits for defense, transportation, energy communication, water, water disposal, petroleum, natural gas, infrastructure, solid waste disposal and regular storage facilities, water blockings, ponds, street animal protection places and any relevant facilities together with factories processing forestry products in relation thereto.
Pursuant to the Regulation on Implementation of Article 17/3 and Article 18 of the Forestry Law, in order to utilise forestry lands, the applicant shall apply to the local Provincial Forestry Directorate in order to obtain a preliminary permit. Upon obtaining the preliminary permit, the applicant shall prepare and submit the documentation required under this Regulation for obtaining the final permit. Upon its evaluation of the applications for the final permit, the local Forestry Provincial Directorate serves the final permit notification to qualified applicants. The documents required to obtain permits for the establishment of each facility, as well as the application and evaluation process for obtaining permits are mainly the same under this new regulation.
Article 99 of the Regulation on Implementation of Organized Industrial Zones (published in the Official Gazette dated August 22, 2009 and numbered 27327) has been amended by an amendment regulation (published in the Official Gazette dated January 28, 2014 and numbered 28896).
A new Implementation Regulation on Technology Development Areas (published in the Official Gazette dated March 12, 2014 and numbered 28939) (“Regulation”) has been issued by Ministry of Science, Industry and Technology in order to support companies engaging in technology and to establish technology development areas such as universities, research and development facilities etc. thereto. In the new Regulation, different then the former regulation, conditions of appointment of the technology development area director company manager has been regulated, the liabilities of the director company has been broadened and a new form of company called “incubation company” in order to provide support for young investors has been envisaged.
There have been several amendments to the Organized Industrial Zone Law (Law No: 4562) by the Law Regarding Amendment of Several Laws and Ministry Decrees (published in the Official Gazette dated February 27, 2014 and numbered 28926) (Law No: 6525) and the Law Regarding Amendment of Several Laws (published in the Official Gazette dated March 1, 2014 and numbered 28928) (Law No: 6527).
As per these amendments, among other things, additional clauses have been inserted in the Organized Industrial Zone Law. As per such clauses;An Organized Industrial Zone shall have its own expropriation proceedings to be conducted by Governorship, Provincial Special Administration, Municipalities, or Investment Observation and Coordination Directorate, Financial leasing transactions could be conducted by participation and development and investment banks under the Organized Industrial Zone Law and Immovable properties located in an Organized Industrial Zone are allowed to be subject to financial leasing agreements. However, in such a case, among others, the affirmative opinion of the Organized Industrial Zone Administration shall be obtained. It should be noted that, the relevant land shall not be used for any purposes other than the allocation purpose and the financial lessor shall meet the qualifications of participators to the relevant Organized Industrial Zone indicated in the establishment protocol of the same.