Agriculture, Forestry And Rural Affairs Warning: You Are Viewing The Law, Parliamentary General Assembly Accepted. If It Does Not Contain Any Changes That Are Made Later. Soil Protection And Land Use Law

Original Language Title: TARIM, ORMAN VE KÖYİŞLERİ Uyarı: Görüntülemekte olduğunuz Kanun, TBMM Genel Kurulunda kabul edildiği halidir. Varsa daha sonra yapılan değişiklikleri içermemektedir. TOPRAK KORUMA VE ARAZİ KULLANIMI KANUNU

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TARIM, FOREST AND VILLAGE

Warning: The Law you are viewing is considered to be accepted at the General Assembly of the TBMM. It does not contain any later delics if it exists.


 

 

SOIL PROTECTION AND LAND USE ACT

 

Kanun No. 5403      

 

Accepted Date: 3.7.2005      

 

SECTION OF THE REGION

Purpose, Scope, and Tantas

Purpose

ARTICLE 1.- The purpose of this Law is to protect, develop, and protect the country from loss and loss in natural or artificial ways. In accordance with the principle of sustainable development, the plan is to determine the basis and the principles that will be used to use land.

Scope

MADDE 2.- This Law is to be determined in accordance with the scientific basis of land and land resources, and to prepare for land use plans, Responsibility, duties, and authorizations of the social, economic and environmental aspects in the process of protection and development, preventing and preventing the use of the objective and the use of the methods to protect, protect and protect It covers all of the information about the definition.

Tents

MADDE 3.- This is passed in the Law;

a) Ministry: The Ministry of Tarism and Villains,

b) Board: Ground Protection Board,

c) Soil: The result of fragmentation of Mineral and organic materials, covering the earth in a thin layer of thin air, alive and natural,

ç) Land: Earth, climate, topography, main material, hydrology, and life-based parts of the earth, as well as the effects of a life on the ground,

d) Tarim land: soil, topography, and climatic properties are suitable for agricultural production and are suitable for agricultural production or agricultural production, which is suitable for agricultural production or construction, by imar, ihya, and The land that can be turned on,

e) Absolute farmland: In the production of plants, the combination of physical, chemical, and biological properties of the soil to be able to be produced in the medium of the year non-performance, non-topographic, or very little; land, regional or local importance, used in the current agricultural production, or available for use for this purpose,arazileri

f) Private product land: Due to the soil and topographic wedges that remain in absolute farmland, agriculture is the product of all plant species adapted to the local area. Country, regional or local importance of the ability to make water products and to be able to make water products with the ability of private herbal products to be made, if not done.

g) The farmland of the thoracic and special product lands in the area of the plant ecology of the plants in a multi-year, aunty and stolen form Land, country, regional or local significance,yapýlan

) Marinal tarum land: absolute farmland, private product lands and sewn-up land lands on top of the land and topographic slings left over. It's just that traditional land-building land has been built,

h) spatial terrain of enough size: Total time in the machine field and the ability to make optimal field losses, land qualifications, product pattern, and according to its potential, the smallest amount of parity set by the Ministry, which cannot be scaled down further,

) Enough income earthing: The family's business, which enables rational use of production factors in a agriculture push, provides for the development of the family The smallest push-up, which provides economic and social development with revenue, and the preservation of the agricultural structure and the continuity of agriculture,

i) Tarm areas: Plywood rocks with no soil on it, permanent snow covered areas, bushland, coastal dunes, sazlks and swamps, military areas, industrial, tourism, recreation, business, infrastructure and similar purposes,

j) Sulu farmland: Water is needed in the growth circuit of plants made in a controlled amount of water and a controlled way.  The land of the country,

k) Spatial objectives: infrastructure facilities for soil protection and irrigation, non-integrated animal husks and water products manufacturing and conservation facilities It is used in the housing of storage, flour, agriculture tools and machines, which are required to be established as required by the manufacturer, to ensure that the manufacturer has sufficient size and volume to provide the product as a result of vegetative production. presentation and farm workshops, series, produced in the field of tardinal The product's quality and quality of food is not available within two hours of the product, but the facilities established for the development of these products are integrated with the Ministry of the Ministry, which is considered to be a field of agricultural use. Other facilities that are not in the qualification,

l) Search for capabilities: Use and protect protection data to determine the optimal use of land in the city that will not cause soil degradation. to bring down land watifications and climate conditions, and land reps for plans that are imposed on climate conditions,

m) Use of land: ecological, social, and ecological resources to prevent degradation of soil and other environmental resources to be based on planning on each scale. It is rational to identify and systematically identify and systematically identify land and water potential in accordance with the principle of sustainability, in accordance with the principle of sustainability, in accordance with the principle of the sustainability policy. land use plans,

n) Field and projects of Tariral purposes: the ecological, economic and social characteristics of the region in the fields of the field to be considered and continuously To use agricultural techniques, soil, water, plants, and human relations to protect soil and to use rational, chemical, cultural, and vegetative, cultural and cultural and cultural projects.

o) Soil protection projects: Prevent, degradation, or damage to the soil or by human activity; and continuous productive stay. projects that cover the physical, cultural and herbal measures to be used for the sake of operation,

ö) Search for research: Preventing and defragmentation of vehicles with artificial effects, and using natural features in fragmentation, use of By looking into the rights and property rights, more than one piece of land has been used to create new parcels of economic, ecological and social aspects, and to use the land properties and area of these parcels. determining the location of its residents, village and land development services saðlanmasýný

p) Community project design: The remaining space within the community's implementation project,

r) Agent corruption: Reduce or destroy economic and ecological ialities with the application of properties of the vehicle's direct or artificial effects.

s) Soil database: Base and soil resource data base, with ranges of land and soil resources,

) Tahsis: The provisions of this Law, including the provision and savings of the Treasury or the State, to the extent of the Code and the provision of the Allocated to the Ministry of the Ministry of Finance of the places that can be detested under the need for a full use of the current use of the current

is at work.

 

 

 

PART OF A REGION

Use of

Land Property and

Soil Protection Board

The use of land property is essential

ARTICLE 4.- The provision and savings of the state and the property of the Treasury and the property of public institutions, real and legal entities. The use of property rights, the plant's production function, industrial, socio-economic and ecological functions are not entirely blocked or temporarily blocked, use the land to take measures to prevent this Law from taking place. is required.

Soil Protection Board

MADDE 5.- Each and every province, the governor's unit supervisor responsible for the policy in the province is executed and the service of the secretary of the department is to be executed. For public institutions and installations with the authority to plan in the province, the public institution, three units and the senior representative of the Ministry of Finance, and/or the public institution that is engaged in the national scale in the protection of land and/or territorial protection. civil society installations with haiz crafts are local The Board of Representatives is one of the three representatives of the Council. Areas on the agenda of the convention are protected by special laws, areas of the State Department of Water's General Directorate, dated 22.11.1984, and the Department of Tarism Reform Law on the Arrangement Of Land In Irrigation Areas 3083. The authorized representative of the unit that is involved in these fields is also included in the Install.

The installation of the

Board is determined by the regulations that will be prepared by the Ministry of Business and the Ministry of the United States.

Installation tasks

MADDE 6.- The board has been instructed to do the tasks:

A) Investigation of land protection, development and efficient use of land, degasification and monitoring, determine the negativity, protect land and related to it, and to prevent the use of land. To take corrective measures, to develop, to improve, to improve the implementation of the problem.

b) Tracking local plans or projects to track all the attempts that require the use of the land.

vec) Follow the process of fulfilling ground protection measures on a local scale, develop and develop analytical proposals, preserve soil and maintain ground through land use plans, to view and implement local-scale programs for the local business.

c) Control the harmony between country, regional, or local scale-made plans.

d) To receive and receive information about topics covered in the law.

e) Do the other tasks that are provided with the law.

THIRD PART

Locating the Soil and Land Varil

guidelines for determining soil and land existence

ARTICLE 7.- The Ministry makes or makes maps and maps related to land and soil using different systems for soil protection and use.

The standard build, map, and database preparation, map, and analysis of soil and terrain, identification, eft, analysis, and resuscitation The service is determined by the regulations that will be made available to the users, as well as the Ministry.

Determined of agricultural lands and determination of land parsel sizes

MADDE 8.- The fields of absolute agriculture, specific products determined by the Ministry of nature, based on the nature properties and the importance of the country's agriculture. The land, the land of the land, and the land of marginal agricultural land, will be left. The different areas of the Ministry of agriculture may be protected, developed, and used by the Ministry of the Ministry.

has the smallest field of agricultural activity economically, and the field is large enough that it should not shrink any more, but it is the size of a large area of agricultural land. and the social, economic, ecological, and technical characteristics of the competencies are determined by the Ministry.

The agricultural land, excluding the places needed for public yachtworks, cannot be divided into smaller pieces than the specified enough-sized field parcels. If the parcels of the inheritance path are being generated by enough parcels of magnitude, the common use, rental, or sale path will not be made.

 

 

 

FOURTH PART

KorunmasýUse protection and use of territory

Protection of toppspace

MADDE 9.- Land protection, natural, and artificial events that result in any entry and sleep process that requires use of the land. Prevention of losses; land use plans, agricultural land use plan and projects, and soil conservation projects are put into practice.

Do not use the range of the servicesplânlarýnýn

MADDE 10.- Water potential, soil, based on the use of land and country and regional plans, and data on other physical plans. Based on the data base and maps, appropriate land use is determined by looking at the nature of the environment, the ability of the land, and the properties of the land, in the care of the principle of the environment.

In the fields of land prepared or prepared by the Ministry; local, regional, and countrywide agricultural land, mera land, forest lands, Areas identified by special laws include local areas, social and economic infrastructure facilities, and other areas of land use. The Ministry may transfer the land use to the governorships according to the need for preparation of the plans.

In the areas to be determined or determined by the special laws, the provisions of the use of land and the use of land use in the fields of use of the law, are the provisions of the It is recommended by the ministry or the organization responsible for the relevant laws.

Tarim fields are not used for purposes specified in the land use plans, except for the exceptions specified in this Code.

The preparation of the land use plan is determined by the regulations that will be prepared by the Ministry.

preparing for a field of Tarnial terrain, plan and project

ARTICLE 11.- For use by protecting the chemical, physical, and biological properties of the soil in the fields of continuous production, at least one Under the responsibility of the agricultural engineer, the agricultural use of land or projects is prepared or prepared by the governorates.

In the preparation of a field of land use land or projects, farmers and land owners are receiving visions.

Land owners and those who use the land are responsible for complying with the planned plan and projects.

Use of land or projects to use land or projects related to the health, size and implementation of land, and principles, from the Ministry. is determined by the regulation to be prepared.

How to prepare soil protection projects

MADDE 12.- The protection of the soil is essential to ensure that it can resume function.  

Urban sites were found in locations with intent to use landslides as a result of any land use required by accident or filling. And land degradation is in order to prepare or prepare land protection projects by those who use the land.

Soil protection projects such as the sealing, assembly, protection wall, vegetable, drainage, drainage needed to prevent land distortions and landslides. It includes manufacturing, construction, and cultural measures, at least one agricultural engineer, and is approved by the governor.

To prevent soil losses as a result of flood and wind, the governorates will implement soil conservation projects to prevent them from implementing them. Or it does.

The requirements and principles regarding the necessity, preparation, implementation, authority and responsibilities of soil protection projects will be prepared in the Ministry of the Ministry of is determined by the regulation.

The purpose of the agricultural search is used

MADDE 13.- The sulu agricultural lands are not used for agricultural production purposes, with special product lands, sewn-up land, and agricultural land. However, there is no alternative space available and the Board considers appropriate;

stratejika) Strategic needs for defense,

b) The need for temporary location after the Doðal disaster,

c) Oil and natural gas exploration and operation activities,

, a public benefit decision has been made by the Turkish-owned ministry,

d) Ministry of public benefit decision-making and yachts,

People may be permitted by the Ministry to ensure that these lands are used for purposes of use, protection for soil protection projects.

Absolute agricultural land, private product lands, farmland with sewn farmland, agricultural land left behind, and ground protection projects have been comped. It can be used by governorships to use agriculture.

For agricultural purposes, the amount of agricultural land in each piece and property that is needed with respect to the project is used with the valency permit.

First-party (c) and (c) entrants are permitted to conduct their activities in a way that does not harm the environment and agricultural land. They are obliged to bring the allocated places to the old system at the end of the allotted time.

The objections made to the decisions of governorates under this clause will be decided by the Ministry of the Ministry.

The applications for protection and intent use of the purpose of agriculture are regulated by the charter and the guidelines.

Identification and protection of high-large plains with tarnial potential

MADDE 14.- Land loss and terrain for reasons of sound production, such as erosion, contamination, purpose, or burn-in. The same plains as the part of the Council, with the decision of the Ministry, and the decision of the Council of Ministers to be designated as the area of protection of the large ova.

Protection and development of large plains projects and land use plans under consideration of the Board or Board of States, the Ministry and the The governorates will first be prepared or prepared.

The agricultural land found in large plains cannot be used in any way. However, no alternative areas are available, with the board or board meeting appropriate notice;

a) Tardinal purposes,

b) Public beneficial decision-making activities in the Ministry where the Ministry and the Ministry of demand are relevant,

A number of people may be allowed to use the team's current usage.

The identification and protection of large plain protected areas are regulated by the charter and guidelines.

Identification and protection of the Erozona sensitive areas

ARTICLE 15.- The physical, chemical, and biological properties of the soil and are not milled by the possibility of degradation or degradation of soil. In order to prevent soil losses and nationalities in the significantly affected dam, pond and similar reservoir basin, the aim of the boards is to take place in order to address the techniques based on conservation, development and use of the use of the Ministry. The installed decision is determined by the erosion areas.

The plans and infrastructure projects to identify and protect the areas that are sensitive to the Erozona, considering the installation of these lands, and to service areas of public institutions and installations, including a compliance and time plan for public installations to not acclimaze the services of each other, with some related public installations, or It will be done. For this purpose, the protection of physical structures, such as wind curtains, sedans, flood-play prevention, belong to the owners of land.

,The Ministry; the public institutions and agencies involved in the desertification of desertification, including climate deities and human activities in the arid, semi-arid and low-lying areas, and the areas of the desert, receive or receive necessary measures by doing business with non-governmental organizations.

The identification and protection of areas sensitive to the Erozona are determined by the regulations to be prepared by the Ministry.

Monitoring and prevention of soil contaminate

ARTICLE 16.- The governors are required to monitor and troubleshoot soil contaminants and degrading negatives due to agricultural or agricultural activities. measures, and so on.

The relevant provisions of the Environmental Law dated 9.8.1983 and the number 2872 are applied to the contaminant.

Search and support the interface

MADDE 17.- To ensure optimal measures of parsel sizes for rational use of the land, a half-sized property is found in the field. and more than half of the number of macabre, the government or council's request is determined by the decision of the Council of Ministers to determine the project, with the decision of the Council of Ministers on the request of the Council of Ministers. and is applied.

The decision of the Council of Ministers is to make public decisions in the direction of this decision and in the direction of other business. The project will be conducted or made by the Ministry of the Ministry of Land Arrangement, village development, and in-field development services, in which case the request of this decision has been requested, or for the project, where the search for the muocafacti is requested. It is a priority for people who want to apply in the application.

In the private ownership of the Treasury and the provision and savings of the State, located in places that are identified as a community of society, and for the purposes of community in accordance with the Ministry's request, the Ministry of Finance is allocated to the Ministry of Finance, where it is possible to refer to the Ministry's request and to the current usage.

On an economic scale, it is possible to make agricultural land available to farmers who do not have agricultural land or have insufficient agricultural land to create and improve agricultural progress. Sites allocated in the scope of the community may be at the cost of the Ministry if they are able to install or develop the existing ones.

The Ministry can be able to nationalize and encompass agricultural land parcels that are not large enough to be collected and covered by this Law. In the applications of society, new parcels of enough of the land are being used, along with the alarmists, to take priority to local farmers who don ' t have a land of public land or enough to do their land. It is sold at the price of the Ministry of Finance, based on the cost of the rail and the Ministry of Finance to be determined as the Ministry. Any taxes, images, levy and contribution of any kind, except for the Value Added Tax, are excluded from the public and the purposes of the expropriations that are subject to the public and the public.

The area of parcels and land properties that are a result of the community are co-created and belong to real people, public and private legal entities. From the subject of the subject land, the channel is a share of the common facilities that are as common as it is to common ground for the common use of the chamber, such as the channel, the evacuation channel, and so on. There's no price to pay for the contribution. If the land is cut off, the land is primarily involved, otherwise it will be expropriated.

This is until the decision of the Council of Ministers on the site of the community, after publication in the Official Gazette, results in the process of collecting The transfer of property and possession of land, property, mortgage, and sold property of the subject areas will be granted permission to the unit that implements the project.

The communities and principles associated with the community work are regulated by the charter.

PART OF A REGION

Incentive, Administration, Construction, Revenue, and Expenses

Summary

MADDE 18.- Land protection, development of production power, soil remission and field development for recovery of land The activities are given priority on agricultural support and support for manufacturers that apply land zoning, irrigation and ability techniques to the project in the appropriate field use of the ability to use the capability.

Administration

ARTICLE 19.- The Ministry of Ministers, governorates or boards make or do the audit task in this Law's application. Audit sampling methods are made with the projects contained in this Law and the result is informed of the Ministry and the boards. In practice, the Ministry makes or does the task of auditing on technical matters related to land and land, such as meat, deification, analysis. The board members can report to the governorates about the activities related to the land distortions and landslides, where they have identified civil society installations with institutions or installations. By examining the subject, the governors have to report the result to the report within three months at the latest.

Penalties to apply in the fire use of the agricultural fields

ARTICLE 20.- In the field of agricultural land use, agricultural land use plan and projects must be used.

These plans or projects are moved to destroy land or damage to other protection and production structures, and are responsible for identifying those responsible once and for compliance with the project. The maximum is three months. At the end of this period, the activity is stopped if the details continue. All expenses paid to the former state of the governarate land are collected from those responsible. A New Turkish Liras for every metre of land, destroyed by land, damaged by land, destroyed absolute farmland, private product lands, and every metre of sewn-land land, is fined fifty New Turkish liras for every square metre of marginal agricultural land. is provided.

The removal and rights of the property will be eliminated if they are used to comply with the plans or projects, and if the land allocation is stopped, the determinations of the governor.

Punitions and obligations for the use of Tarem landarazi

MADDE 21.- Ground protection projects are mandatory for use in the area of the field.

If unauthorized or unprepared soil protection projects are not being used, the action will be actualized and the construction site is not in place. Applies to:

a) If intrusion and the operation are in progress for the use of the land, the governor will completely stop the job, and use is not allowed if the done job is complete. A New Turkish lira is fined for every metre of the area used for the land-to-land use, and the measures stipulated in this Code are provided with the right of required permissions. the use of completion or the use of the ient is permitted.

In land use plans, all unauthorised structures are washed and cleaned up in separate areas for use in a field of agricultural use. The expenses for the reformer of the land are collected from those responsible. Two New Turkish Lirasas administrative fines are issued for each square metre of damaged agricultural land.

b) Move to soil protection projects and/or damage to the allocation and/or production of land and/or if damage to production is caused by the governor, once warned, and maximum three months for compliance with the project time. At the end of this period, when the use of the detail continues, the following are completely stopped, the permitted use is revoked, and the damaged absolute farmland, special product lands, and every metre square of the sewn-up land. The two New Turkish Lirasas for each square metre of the marginal agricultural land are given a New Turkish Cypriot administrative penalty for each square metre. Expenses for cleaning and remaking of land are collected and collected from those responsible.

Do not have any soil protection projects, or if there is any land irritable or territorial losses due to insufficient or timely renovations to the soil. Those who decide they do not need to prepare the project are responsible for the damages and those who have approved the project and are responsible for the project. According to the nature of their flawed verbs, they would be punished in accordance with the provisions of the public servants of the Turkish Penal Code dated 26.9.2004 and the number of 5237 Turkish Penal Code.

Objection and fines for criminal penalties

ARTICLE 22.- The administrative penalties written in this Code are issued by the maximum property supervisor of that place. Decisions on the issued administrative penalties are due in accordance with the provisions of the Tbligat Law dated 11.2.1959 and a number of 7201. Those sentences can be appealed to the competent administrative court within seven days of the date of the date of the subject of the subject of the temblor. The course does not stop the fulfillment of the cezilin order. The decision on the course of the course is final. The imposition of the envelope is the most recent, by examining the paperwork in unseen halves. According to this Law, the administrative fines are collected from the Ministry of Finance in accordance with the provisions of Law of 6183 and the Allowance Of Amme Receivate 6183.

Revenue and expenses

ARTICLE 23.- Any income and penalties that are collected according to the provisions of this Law are recorded in the general budget. The required allowance for the implementation of the law is foretold in the Ministry's budget.

 

SIXTH PART

Statutes and Regulations, which are Değled,

Transitional and Recent Provitions

Statutes and regulations 

ARTICLE 24.- The statutes for the implementation of this Code are from the Council of Ministers, and regulations are considered by the Ministry of the Ministry; a year from the date the Law has been effective. It will be effective.

ARTICLE 25.- dated 3.5.1985 and number 3194 in the first phase of the 8-part Code of Human Code (c) It is added to me.

c) Cannot plan to use agricultural land without the permissions specified in the Soil Protection and Land Use Code.

MADDE 26.- dated 21.6.1987 and is the second part of the 14th Amendment of the Cadastral Code 3402, as well.

Sulu or dry land allocation, It is made according to the provisions of the Land Protection and Land Use Law.

The third section of the Mera Code, of

4342, is the subject matter of the Kadastral Commission on the provisions of the Code 3402, which is based on the provisions of the Law. It is included in the Ziraat Engineer.

MADDE 27.- dated 25.2.1998 and the first financial (d) of the 14th Amendment of the Mera Code of 4342 is the fourth in which it has occurred. It is added to the current and item-in-material plug.

d) The placement of the village site and application plans, including the preparation of additional plans, soil housing, protection of gene resources, national park and conservation forest, legal, historical, and cultural The protection of assets, flood control, streams and resources; the need for water products to be produced in these resources, and in terms of thermal production, in need of the production activities,

Status and performance cannot be allocated to the purpose of allocation, except for the first fan (a), (f), and (g), which is good or good, except for the first fan (a), (f), and (g).

Department of land or land community projects to be implemented under consideration of the property and the integrity of the property. From their land to the use of the mera, the land can be used to plan land. In order to ensure the integrity of the field or the country, it may be made public with respect to the provisions of this fikra, if it is not found to be found, or to be able to buy, or to buy, or sell. These expropriated lands are to be defrauded or sold out. Any tax, picture, levy and contribution of any kind, except for the Value Added Tax, is excluded from the applicable public and information related to the public.

The terms of the

ARTICLE 1.-before 11.10.2004; the use of the agricultural land without the required permissions and does not disturb the tardinal integrity. to be used for the desired purpose of the land, to comply with the Ministry within the six months, to comply with the land protection project to be prepared, and to allow for five new Turkish Lirasate to be paid for every square metre of agricultural land. is provided.

MADDE 2.-For the purpose of building a farmer registration system, for the purposes of verasset of the agricultural land, and for the purposes of the performance of the breed, the Veracet The Economic Tax, the deed is wasted, the revolving capital fee, and any taxes and deductions are not taken within two years from the effective entry of this Law.

Effective

MADDE 28.- This is effective on the release date of the Law.

Execution

ARTICLE 29.- The Council of Ministers executes the provisions of this Law.