Overview of Turkish Coastline Policy and Implementation

Transcription

1 MARE NOSTRUM BRIDGING THE LEGAL-INSTITUTIONAL GAP IN MEDITERRANEAN COASTLINE MANAGEMENT March 2-6, the Technion, Haifa Israel Overview of Turkish Coastline Policy and Implementation Prof.Dr. Fatma Unsal MSFAU-ISTANBUL Department of City and Regional Planning

2 1 Coasts of Turkey: Facts and Figures 2 Coastal Legislation 3 Planning Issues and Problems 4 Concluding Remarks 2

3 1 Coasts of Turkey: Facts and Figures 3

4 Coasts of Turkey: Facts and Figures 1785 km km km. + islands 1067 km km. Total length of territorial borders: 2648 km. Total length of coasts: 8323 km. The coastal areas are approx. 30% of the country 50% of the population is living in the coastal areas 4

5 Coasts of Turkey: Facts and Figures The geological and morphological characteristics of the seas are different Parallel coastlines, both in the Northern and Southern coast of Turkey Perpendicular coastlines, in the Western coast of Turkey Ria type of coastlines, in the Southwestern coast of Turkey Eastern coast of Marmara Sea Dalmatian type of coastlines, in the Southwestern coast of Turkey Lagoon type of coastlines, Northern coast of Marmara Sea 5

6 Coasts of Turkey: Facts and Figures The geological and morphological characteristics of the seas are different 6

7 Coasts of Turkey: Facts and Figures 7

8 Coasts of Turkey: Facts and Figures 29 greater municipalities exist in Turkey (29/81), 13 of them recently established (based on Law of Municipalities, 1984 and 2005) 28 provinces are located in the coastal regions (28/81) 15 of coastal cities are Greater Municipalities (15/28), 6 of them recently established The establishment of the recent Greater Municipalities are subject to debate 8

9 Coasts of Turkey: Facts and Figures Gross national product per capita ($) $ < Gross national product per capita < $ Net population growth rate due to internal migration (%) 2010 %-16< net pop. growth rate due to mıgratıon<%10 9

10 Coasts of Turkey : Facts and Figures Population Growth Rates in Coastal Provinces % -13 < population growth rate < % 46 Rate of Urbanization in Coastal Provinces %17< rate of urbanization <% 98 10

11 2 Coastal Legislation Before the Coastal Law Coastal Law Institutional crowd International legislation 11

12 Coastal Legislation: Before the Coastal Law Before 1982 (Constitutional Change) Civil Law (1926/743, article 641) State s possession Public benefit. Demarcation of the public and private properties Law of Structure and Roads ( /2433, article 4/F) Prohibition within a distance of 10m. from the coastline The first Law of Development (1957/6785) replacing the Law of Structure and Roads Decision of the Council of Ministers ( , 7/52) No transaction of land No private use The supplemental 7 th article (1972/1065) of the Law of Development (1957/6785) Coastal areas to be planned Determination of the prevention zone in the coastal areas by the Ministry Regulation of Development (1975, official gazette 15122) Uses of coastal areas, solely for the public benefit The protective strength and the social equality dimensions were questionable 12

13 Coastal Legislation: Before the Coastal Law After 1982 (Constitutional Change) 43rd article of the Constitution (1982) Priority of the public benefit Utilization is subject to a new Law Coastal Law (1984/3086) Prohibition of private ownership, 10m./30m. (with exceptions) Cancelation by the Constitutional Court (1986/4, official gazette 19160) The utilization of the coastal areas against the social rights Coastal Law (1990/3621) Modification of the width of the coastal band (20m. / 50m. / 100m.) Increased penalties Cancelation of some of the articles of the Coastal Law (1990/3621) by the Constitutional Court Private premises and developments in the coastal areas against the Constitution Minimum width of the coastal band, 100m. in all cases Amendment by a new Law (1992/3830) to the Coastal Law (1990/3621) The process reveals the delicate balance between the coastal developments and social rights 13

14 Coastal Legislation: The Coastal Law Basic principles of the current Coastal Law Protecting the coasts of the seas, shores of the lakes and banks of the rivers Utilizing the coastal developments only for public benefit Enabling free access of the public to the coastlines in order to enhance social equity Respecting the natural and cultural differences of the coastal areas Differentiating the coastal areas which are subject to a development plan and which are not The Coastal Law is certainly not a comprehensive coastal management law 14

15 Coastal Legislation: The Coastal Law The critical definitions in the Regulation of the Coastal Coastline is the natural line along which water touches the land and which is changing meteorologically at the coasts of seas, lakes and rivers. The condition of flooding is an exemption. Coast edge line is the natural border determined by the inward motion of water from the coastline, including the land with sand, pebbles, boulders, rocks, reedy and marshland. Coast is the area between the coastline and the coast edge line. Shore strip is the area starting from the coast edge line and stretching inwards with a horizontal width of 100m. The shore strip is made up of two parts, each of 50m. coastline 50 m 50 m coast edge line coast shore strip 15

16 Coastal Legislation: The Coastal Law Determination of the shore edge line The width of the coastal band, 100m A commission, of five members, reporting to the Governorship Coastal edge line to be approved by the Ministry of Environment and Urban Planning The members of the commission: a geologist, agricultural engineer, city planner or architect, civil engineer and a surveyor Implementation The shore edge line should be determined before the planning process starts, theoretically prior to any development along the coastal area. The definition of the shore edge line does not cover the ecological differences. Lack of scientific criteria and using proper techniques. 16

17 Coastal Legislation: Institutional Crowd Action Institution Legal basis Regional Plan Ministry of Development State Planning Office Establishment Law (1960) Environmental Order Plan Ministry of Environment and City Planning Law of Development (1985/3194) Law of Development (1985/3194) Decree of the Cabinet for Establishment and Responsibilities of the Ministry of Environment (1990/443) Special Provincial Government Law of Special Provincial Government (2005/5302) Development Plan and Implementation Plan Directorate of Specially Protected Areas Municipalities/ Metropolitan Municipalities/ Governorates Ministry of Culture and Tourism (for tourism development areas) Decree of the Cabinet (1989) Law of Development (1985/3194) Metropolitan Municipalies Establishment and Administration Law(1984/3030) Tourism Incentives Law (1982/2634) Decree of the Cabinet (1989) Ministry of Environment and Planning (for the acquired coastal land by filling) Coastal Law (1990/3621) 17

18 Coastal Legislation: Institutional Crowd Action Institution Legal basis Development Plan and Implementation Plan Directorate of Specially Protected Areas Decree of the Cabinet (1989) Development Plan for Protection Special Use and Management Plan Protection Councils for Natural and Cultural Assets Directorate of National Parks Directorate of Forest Management Law of Protection of Cultural and Natural Assets (1983/2863) National Parks Law (1983/2873) Law of Forest (1956/6831) Special Use and Management Plan Directorate of Specially Protected Areas Decree of the Cabinet (1989) Directorate of Privatization Law of Privatization (1994/4046) 18

19 Coastal Legislation: Institutional Crowd Action Institution Legal basis Infrastructural Plan Permit for Reclamation of Marine Areas, Construction of Harbours Permit for Fishery Facilities Ministry of Transportation, Maritime and Communication (MTMC) Directorate of State Water Works Ministry of Environment and Urban Planning Coastal Law (1990/3621) Executive Order of the Cabinet for the Establishment of MTMC(2011/655) Law of Establishment of Directorate for Highways (1950/5539) Law of Establishment of Directorate of State Water Works (1953/6200) Harbours Law (618) Governorates Executive Order of the Cabinet for the Directorate for Maritime Affairs Establishment of MTMC(2011/655) Ministry of Agriculture Water Products Law (1971/1380) Action Institution Legal basis Security Directorate of Coastal Security Executive Order of the Cabinet for the Establishment of MTMC(2011/655) Ministry of Defense Law of Development (1985/3194) 19

20 Coastal Legislation: International Legislation Convention on the Protection of the Black Sea Against Pollution (Bucharest Convention 1992) The Black Sea basin : 160 million people, approx. half of Europe s population. The Danube River as main source of pollution Strait of Istanbul (Bosphorus) as the only outflow of the Black Sea A Commission on the Protection of the Black Sea Against Pollution (Black Sea Commission) and a Permanent Secretariat is established. Four protocols based on the Convention: Three of the protocols, against pollution (land-based, harmful substance or dumping related polutions) and one for conservation of bio-diversity. 20

21 Coastal Legislation: International Legislation The Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean (Barcelona Convention) Convention on the Protection of the Mediterranean Sea Against Pollution (Barcelona Convention) was opened for signature in 1976 in Barcelona in order to establish a legal ground for the Mediterranean Action Plan Barcelona Convention was revised in 1995 to include coastal areas as well as the marine environment. Turkey has become a Party to the Convention in Turkey is a party in six protocols of the Convention. Besides the protocols focusing on the prevention of pollutions and conservation of bio-diversity, there is a protocol on Integrated Coastal Zone Management in the Mediterranean. The Land-based Pollution National Action Plan was prepared in 2005 in accordance with the Strategic Action Plan that was adopted in the framework of the Barcelona Convention and the Protocol for the Protection of the Mediterranean Sea Against Pollution from Land- Based Sources and Activities. Turkey has also been close collaborating with several other international institutions and governments on projects and capacity building in the field of coastal and marine management. Several coastal projects were realised through European Union programmes, funded by the MED-CAMPUS, and LIFE DC programme. 21

22 3 Planning Issues 22

23 Planning Issues: Prior to Coastal Planning Action Institution Legal basis Determination of the Coast Edge Line Governorates Ministry of Environment and Urban Planning Coastal Law (1990/3921) Regulation of the Coastal Law (1990) Private premises Unpermitted developments Protection of the cultural assets Developments before the planning process 23

24 Planning Issues: Prior to Coastal Planning Private premises Payment for unlawful occupation Private property Unpermitted developments Former coast edge line Revised coast edge line 24

25 Planning Issues: Prior to Coastal Planning Developments before the planning process or unpermitted developments 25

26 Planning Issues: Prior to Coastal Planning Protection of the cultural assets 26

27 Planning Issues Levels/types of plans for the coastal areas Regional Plan and Environmental Order Plan (scale: 1/ , 1/50 000, 1/ ) Development Plan and Implementation Plan (scale: 1/ 5 000, 1/1 000) Special Purpose Plan (all scales) 27

28 Planning Issues REGIONAL PLAN ENVIRONMENTAL ORDER PLAN MINISTRY OF DEVELOPMENT (STATE PLANNING OFFICE until 2011) REGIONAL DEVELOPMENT AGENCIES (established at NUTS 2 regions since 2006, based on Law of Regional Development Agencies) MINISTRY OF ENVIRONMENT and URBAN PLANNING (Two seperate ministries until 2011) SPECIAL PROVINCIAL GOVERNMENT (acquired planning authority since 2005) The spatial developments in accordance with the national and regional socio-economic plans and sets the basic land-use decisions for housing, industry, commerce etc. as well as the major infrastructural facilities. There is no legally binding coordination procedure between the planning processes 28

29 BASINS & RIVERS

30 BASINS & NUTS II REGIONS BASINS & ENV. ORDER PLAN 30

31 Planning Issues DEVELOPMENT PLAN & IMPLEMENTATION PLAN MUNICIPALITIES METROPOLITAN MUNICIPALITIES GOVERNORATES (for the areas outside the municipal boundaries) MINISTRY OF CULTURE and TOURİSM (for the tourism development regions) MINISTRY OF ENVIRONMENT AND URBAN PLANNING (for the coastal land acquired by filling) DIRECTORATE OF PRIVATIZATION (for the coastal land and establishments which are subject to privatization) RELATED MINISTRIES for INFRASTRUCTURAL DEVELOPMENTS (highways, railways, airports, harbours, dams, power transmission lines etc) A backward step in the democratization process 31

32 Planning Issues Development Plan (Municipality) Tourism Development Area (Ministry of Culture and Tourism Acquired land by filling (Ministry of Environment and Urban Planning There is no legally binding coordination procedure between the planning processes Significant number of legal cases due to the overlapping of the planning authorities 32

33 Planning Issues DEVELOPMENT PLAN & IMPLEMENTATION PLAN FOR PROTECTION MINISTRY OF CULTURE and TOURİSM Protection Councils for Natural and Cultural Assets MINISTRY OF FOREST and WATER Directorate of National Parks Directorate of Special Protection Zones Formerly, the most rational functions of planning in Turkey Currently, started to be bypassed by the new legal arrangements Law of Renewal and the Use of the Depreciated Cultural Assets (2005/5366) Law of Regeneration of the Areas under the Risk of Disaster (2012/6306) 33

34 Planning Issues Integrated Coastal Zone Management Balance of ecological concern and pressure of development Integration of spatial decisions and the governmental structures Improving public awareness Enhancing international relations Vertical coordination Horizontal coordination inter-governmental, different sectoral targets public benefit and private expectations conflicting interests policy making and academic knowledge 34

35 Planning Issues Integrated Coastal Zone Management Special Project Zones Under the jurisdiction of Ministry of Environment and Urban Planning the development-oriented reputation of the Ministry disregarding local involvement and democratic process lack of public embracement and problems of implementation National Committee of Coastal Areas Management (1993), METU 35

36 Concluding Remarks Domination of real estate development in the economic domain and political inclination to promote these earnings Despite the presence of protective laws and regulations, the ecological concern is not embraced The Laws and Regulations overlook the ecological differences as well as the socio-cultural differences Highly fragmented structure and lack of coordination Determination of the borders (regions, plans, coastlines) How to embed the ICZM into the planning legislation in order to activate it as a remedy rather than an underutilized tool? 36

37 thank you 37