Energy LawHYBRID ENERGY PLANTS AND ENVIRONMENTAL IMPACT ASSESSMENT (ÇED) APPLICATION

The Environmental Impact Assessment process covers the work in which environmental impact assessment is carried out during the application phase, construction, construction, operation and post-operation of the projects planned to be carried out.

The projects covered by the ÇED in Turkey are divided into two groups;

The projects and activities in the first group are projects and activities with a high pollution rate in terms of their environmental impact. It is mandatory to prepare an EIA Report for such projects/activities in the Annex-I list of the Regulation.

In the second group, there are projects whose environmental impacts are less than those in the first group and where the effects can be minimized with classical measures, and for these projects, the Project Introduction File should be prepared in which the project is defined (capacity, technology used, waste amounts to be formed and how to dispose of it is planned, environmental characteristics related to the project area are given). This file is evaluated by the Ministry and the decision of “ÇED Required” or “ÇED Not Required” is made, which means that the ÇED report should be prepared for the project.

Regarding hybrid energy systems; although there is no definitive regulation regarding the ÇED in the regulation arrangement; ÇED permits must also be obtained for secondary facilities to be installed in these areas. In other words, no changes are made to the main source ÇED and a new ÇED is obtained for the auxiliary resource.

“EIA Positive” certificate should be obtained for auxiliary welding facilities that fall into ANNEX -1 and “EIA Not Required” for those entering ANNEX -2.

The regulations that apply to the main source EIA also apply to the auxiliary resource. The “ÇED Positive” or “ÇED Not Necessary” decisions given to projects and activities in accordance with the provisions of the ÇED Regulation are necessary for the start of the operation and are not sufficient. The decisions made within the scope of the ÇED Regulation do not constitute final permission and approval for the start of the project. It is one of the necessary conditions for the start of the activity/project and all necessary conditions must be fulfilled in accordance with the legislation in force to start the activity, and the necessary permissions, approvals, opinions and/or licenses must be obtained from all relevant institutions and organizations.

It is necessary to take the decision “Environmental Impact Assessment Positive” or “Environmental Impact Assessment Is Not Required”, and the projects and activities that have started to be invested without being taken are required under section 15 of the Environmental Law. Article is stopped in accordance with the provision.

In this case, an administrative fine is applied in accordance with the Environmental Law. If it is determined that it is not suitable for the issues committed in the ÇED Report or Project Introduction File, sanctions are applied and administrative fines are issued.

If the ÇED Report is required for the secondary plant to be used in Hybrid Energy Systems, if the “ÇED Positive” certificate about the secondary source is required within the scope of the ÇED Regulation, the ÇED Report should be obtained for the secondary source regardless of the primary source. If it is not taken, the construction of the secondary source cannot be started. If the project is not below the threshold value of the projects listed in the ÇED Regulation, the ÇED Report will need to be issued.