The subject of the law of the conservation of the cultural and natural property is to provide the protection for all the historic and natural assets occurring in the form of natural formations which are considered to be the common value of humanity whether or not belonging to the natural culture.
Article 63 of the 1982 Constitution regulates that the State has the duty of conservation of the cultural and natural property and in order to fulfill this duty the central and local administration authorities have different levels of responsibilities. The principles and rules of which the declaration of intent put forward in the process of fulfillment of these responsibilities will be subject to and legal ways to appeal against such decisions are in the scope of the Law On The Conservation Of Cultural And Natural Property.
The basic national resources of the legislation on the conservation of cultural and natural property are as follows; the Law on the Conservation of Cultural and Natural Property, the Coastal Law, the Law on Promotion of Cultural Investments and Initiatives, the Bosphorus Law, the Urban Planning Law, the Law of Foundations, the Decree-Law on the Organizations and Duties of the General Directorate of Foundations, the Law on the Organization and Duties of the Ministry of Culture and Tourism, the Law on Promotion of Tourism, the Decree-Law on the Organizations and Duties of the Department of Water Affairs and Forestry, the Environmental Law, the Decree Law on the Organizations and Duties of the Ministry of Environment and Planning and similar legal regulations.
Natural properties are defined in the law as follows: “the assets under or above the ground or underwater which belong to geological eras or pre-history or historical ages and are required to be protected because of their rareness, characteristics or beauties”. The trees above a certain age and some type species are registered as natural properties whereas the areas with some tree species and plant diversity are registered as natural properties under the category of the natural archaeological site.
According to the Code of Protection of Cultural and Natural Properties numbered 2863, the announcement of an area as an archaeological site by the protection board suspends the implementation of the development plan in that area. Structure conditions for the shift period are designated within a month by the protection board by the preparation of a development plan intended for protection. Respective governorates and municipalities are obliged to submit the development plan intended for protection for the assessment of the protection board within no later than one year.
Structure conditions for the shift period which are intended for the enforcement of the protection plan that is deemed suitable by the protection board and approved by the municipality or governorate are eliminated without taking a separate decision.
Partial modification of protective development plans in terms of immovable cultural and natural properties which are required to be protected is notified in writing by the protection board to the relevant municipality as well as concerned organizations and institutions if such modification is deemed necessary by respective institutions and the protection board takes a decision on this regard.
The modification proposal is finalized by the municipality assembly within no later than a month following such notification. If the required decision is not taken within the said period, then the modification proposal is finalized in the agreed considerations without the necessity of a decision by the municipality assembly.
In order for the decision of the municipality assembly for the protective development plans to bear a legal consequence, it must be approved by the Protection Board of Cultural and Natural Properties. Public institutions and organizations, municipalities and real and legal entities are obliged to comply with the decisions of the High Protection Council and regional protection boards.
The public institutions and organizations with a planning power as well as governorates and municipalities may raise an objection against the decisions taken for architectural sites, their degrees, protection principles for the architectural site shift period and utilization conditions, protective master plans and the revisions thereof within sixty days before the High Protection Council. These objections are reviewed by the High Protection Council and finalized within no later than six months.
Our experienced legal experts manage the process with respect to the objections to be raised before the High Protection Council and the actions to be filed in this regard and provide consultancy and litigation services in this area.