Period: 21 Warning: You Are Viewing The Law, Parliamentary General Assembly Accepted. If It Does Not Contain Any Changes That Are Made Later. Oil Pipeline Transit Migration Law

Original Language Title: Dönem : 21 Uyarı: Görüntülemekte olduğunuz Kanun, TBMM Genel Kurulunda kabul edildiği halidir. Varsa daha sonra yapılan değişiklikleri içermemektedir. PETROLÜN BORU HATLARI İLE TRANSİT GEÇİŞİNE DAİR KANUN

Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k4586.html

Law No. 4586:23.6.2000, the FIRST PART of the Objective, Scope, Definitions and Purpose article 1. – The purpose of this Act, oil transit pipelines to determine the procedures and principles related to each transit oil pipeline project is about Turkey's Party is to provide the implementation of the provisions of international treaties. The scope of article 2. – This law, oil pipelines and transit with regard to; studies, determination of the route, engineering, financing, expropriation procedures, construction, commissioning, operation, maintenance, repair, expansion, from the terminal installation, storage, shipping, management, operations, environmental rehabilitation activities after leaving and all other activities related to the project. Identifies the article 3. – In the implementation of this Act; a Ministry of Energy Resources and of course, the Ministry): b) Head Office: working as the General Manager of petroleum Affairs, c) document: activities within the scope of this Act specified in the relevant project agreement for the project will be valid for the duration of the permit, d) arising from international treaties governing Petroleum right: and any of the buyer the rights with a document, e) Transit: from another country or coming from another country the oil through this country tevcihen , Turkey country as transit through the pipeline to be moved in (This will be held in Turkey with any connection to the system of the oil market to enter, the system does not remove the transit feature.), f) Transit oil pipeline project (project): it is necessary to Transit and investors by or on behalf of the owned, controlled and/or operated pipeline and all related facilities considered in article 2 of this Act with all other activities within the scope of this law, the activities and , g) Investor: a transit oil pipeline project as international treaties related to other project agreements, except for the natural and legal persons and their legal successors or assign them with partnerships, h) Project Agreement: as a transit oil pipeline project-related agreements with public institutions or relevant international organizations signed an agreement with each investor, ı) Project stakeholders: Investors, their shareholders ' , management companies, contractors, taşıtıcıların, the lender and the insurer, any or all of the I) Transit fee in return for transit passage out of the country, the oil: the pipeline system carried by each unit volume to financier paid the State fee by the oil, j) Oil: Place under or removed liquids or gaseous natural hydrocarbons, k) Detached and permanent rights: through the status of ownership of real estate no longer real estates as , The expression.
Article 4 authority. – Transit oil pipeline project in the execution of project agreements; Add the oil ownership Document a), their age and to the implementation of the procedures and principles of this Act related to other matters of the Ministry, b) located in standards, Environmental legislation, environmental impact assessment procedure and other matters relating to the environment, the Ministry of the environment, is authorized to make Regulations.
The Ministry on the implementation of regulations of this Act.
The SECOND CHAPTER General provisions Standards article 5. – Transit oil pipeline project engineering, construction and operational stages and other applications, the project specified in the project agreement, internationally recognized technical, quality, environment, safety and health norms and standards. Security article 6. – With regard to a transit oil pipeline project; determination and evaluation of the route starting from the first project activities for the entire project throughout the process and after the project is completed, the project activities within the scope of this law is concerned all land and facilities in the zone are safety and security are provided in accordance with the provisions of law No. 2495. When the need for additional security of the pipeline and, when necessary, material, tools, equipment, buildings, etc. can be covered by relevant public price Authority security forces of the State are provided. Environment article 7. – Project associates in the execution of the project activities; aboveground, underground and intra-continent waters, sea, air, Lake, vegetation, animals and other natural resources, while damages to the environment included. Damage to the environment, the project envisioned in the agreement of principles is compensated by the project stakeholders. Expropriation and registration article 8. – With regard to Transit oil pipeline project; a route) pipeline and other facilities should be made regarding regarding land surveying, permission to carry out the expropriation and other operations, the establishment of a Council of Ministers, public institutions or can employ.
b) commissioned with public institutions or Expropriation, this task as soon as possible and primarily has to fulfill. This public institutions or organization in question, and any action within the scope of the expropriation process and legal disputes likely to arise in relation to the addressee.
c) Expropriation commissioned with public institutions or kuruluşunca, will be held during the detection of land required, costs can be granted material damages to third parties with, this article is considered to be expropriation in the implementation of the price.
d) Transit oil pipeline and related facilities will be held in relation to expropriation or other acquisition cost of the land to be paid by the investor in the related project agreement as a fixed price is determined within the scope of the cases, the actual payments will be opened by the property with the right to appeal cases to be determined by the price difference between the cost of the project exceeds the extent specified on a fixed deal, will be placed in the general budget allowance.
e) assigned to public institutions or institutions, expropriation and/or other acquisition, the acquisition of property or real estate including single-family and permanent rights to easement by the facility.
1) Transit oil pipeline project pipeline route destinations under the State provision and saving during tapulama or cadastre with detected or is registered and saw scant forests, is registered in the land register on behalf of the Treasury.
2) (1) the designated child number according to my other public institutions and organizations registered in the land register on behalf of the Treasury has been registered with the real estate, including forests, appointed on the basis of the information about the Organization, will dry out the expropriation the expropriation in favour of including the organization tasked with permanent rights when detached and appurtenances.
f) this article is (e) of subsection (1) and except where deemed to be in transit oil pipeline project located pastures, meadows, the passage of York and King of qualities, such as energy and of course without the Ministry of Resources depending on the Pasture Act No. 4342 ex officio after the registration on behalf of the Treasury by removing the expropriation in favour of public organization tasked with detached and enduring when as it deserves. g) forest will transit oil pipeline project from counted on the pipeline and facilities including permits and permanent rights to detached and appurtenances plant, according to the provisions of the law of the jungle, numbered 6831.
h) commissioned with public institutions or organization when Expropriation is detached and in favor of permanent rights, within the context of the project can be allocated to the owners of the oil right cycle and.
I) pipeline and associated facilities, cannot be the subject of any savings separately from the document. These are oil record after saving the document owner, assigned to the General Directorate of public institution or provider or referring to this record by placing the papers necessary to do on request is registered in the land register. Deed record, their General Directorate any savings unless permission is provided including commentary.
The THIRD PART Services Purchases, other charges, insurance and tax Service purchases, and other expenses article 9. – Exclusively for a transit oil pipeline project, every stage of this project and in contract negotiations, legal, financial and technical services that are needed in the subject matters conferred the necessary competence and qualification from the Ministry and/or public institutions or kuruluşunca available. This service purchases, with the law No. 1050 Accounting-I Umumiye Court Law numbered 832 visas and provisions for registration and are not subject to Procurement Law No. 2886. Services related to transit oil pipeline projects, purchases, project tracking, arbitration, Court, insurance, compensation, and liability arising from or related to the project and all other charges, will be placed in each year's budget law of allowance.
Insurance article 10. – The provisions of International treaties with the record, transit oil pipeline project activities can be given to third parties in relation to insurance against damage. Tax

Article 11. – Transit oil pipelines belonging to project activities, assets, revenues, and the operation of the stamp duty, customs, banking and insurance transactions tax and transit taxes, fees, duties and other related funds belongs to the project in question in relation to the duly came into force according to international suppliers that there is a provision in State law andlaşmada contained in the provisions. Transit oil pipelines for the project pipeline and related facilities, the land registry of the registration fees for oil track record and are ignored.
CHAPTER FOUR Miscellaneous provisions article 12 it won't take effect. – This law in relation to international treaties in the particulars that are covered in the topics; the deed Law numbered 2644, environmental law numbered 2872, Foreign Capital numbered 6224 encouragement Act, Act No. 6326 petroleum law and other laws with Forest Law numbered 6831 t he was bringing provisions and takyi was relevant items do not apply.
Article 13 settlement of disputes resolution. – Transit oil pipelines projects, State authorities with disputes likely to arise between the investors, the project according to the provisions of the agreements, there is no other provision in the agreement, the project is located in the Turkey is a party to international treaties, through and/or international solution procedures for arbitration is resolved based on the procedures. The modified provisions article 14. – 29.7.1970 and dated 1319 numbered property tax article 14 of article (g) after subparagraph (h) was added to the following to come was. h) Oil pipelines within the scope of transit migration-related projects; the establishment of public institutions tasked with expropriation or maliki or easement owned and have been in favor of the project investors about easement also real estate.
Entry into force article 15. — This Act shall become effective the date of promulgation. Execution article 16. — The provisions of this law, the Council of Ministers.