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MINISTRY OF FORESTRY AND WATER AFFAIRS

Learn about the objectives and initiatives taken by the Ministry of Forestry and Water Affairs in the groundwater management of Turkey. Explore the national laws and regulations, EU directives, and the new legal and institutional system implemented. Understand the importance of protecting groundwater quality and preventing pollution.

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MINISTRY OF FORESTRY AND WATER AFFAIRS

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  1. MINISTRY OF FORESTRY AND WATER AFFAIRS OBJECTIVES AND DISTANCES DONE IN THE GROUNDWATER MANAGEMENT OF TURKEY Özgür GÜNHAN GenerelDirectorate of WaterManagement WaterQualityDepartment 2013

  2. Outline

  3. There have been three national by-law or law including some aspects about groundwater issues

  4. Law of Groundwater • Any research, allocation, utilization, protection andregistration ofgroundwater are themain characteristics of the Law. Wheneverand wherever each person intends to construct a water structure in order to providegroundwater they should get license from DSI within the framework of the Groundwater Law. • There are three types of licenses as “License of Exploration”, “License of Utilization”and “License of Modification”. In the Licenses, there are three important issues. These are;the owner of license, aim of water usage and amount of allocated water

  5. TurkishEnvironmentalLaw • The main principle of The Law on Environment No. 2872 (1983) is “Polluter pays”. • This law contains the general principles for environmental protection and prevention ofpollution, the measures and prohibitions related to environmental protection and penalties topolluters deteriorating the quality of water and groundwater

  6. By-Law on WaterPollutionControl • By-law on Water Pollution Control, which is the most vital by-law of Turkey on water and is under revision works nowadays, was prepared in the content of Law on Environment. The aim of By-law on Water Pollution Control is the protection of water quality, and so, groundwater quality. • In this By-law, regulations and administrative penalties related to groundwater pollution are defined. Some examples are following: “Even if wastewater is treated, direct discharge to groundwater is not permitted”, “In coastal aquifer, for protection of groundwater quality, the amount of abstracted water is not to be higher than safety groundwater potential.”

  7. WHAT IN EUROPE? 7/28

  8. EU Directives on Groundwater

  9. EU Groundwater Directive (80/68/EEC)

  10. Water Framework Directive (2000/60/EC)

  11. Water Framework Directive (2000/60/EC)

  12. EU Groundwater Directive (2006/118/EEC)

  13. Why a New Approach?

  14. Legal Gap, EU Requirements • Legal obligations should be considered firstly while talking on the reasons why Turkey needed new approaches on groundwater management. As a candidate member of EU, Turkey has some legal obligations. According to EU treaties, EU member states should implement the Directives into own legislation, to meet the requirements of the EU legislation. If they don’t implement these requirements, the European Court of Justice can judge a member state for infringement of European law. Moreover, EU Directives can have direct influence, so even if not implemented, their requirements are binding • Secondly it was clear that the Water Framework Directive contains many new elements for the Turkish legislation. A great number of concept were outsider in current Turkish legislation and instutional system, such as, measures to prevent illegal direct and indirect discharges, criteria for the assessment of good groundwater chemical status, establishing threshold values.. Moreover definitions like “water body”, “threshold value”, “trend reversal”, “significant and sustained upward trend”, “quality standard” etc. were foreigner for Turkish legal system

  15. Inadequacy of Earlier Legal and Institutional System • In addition to EU requirements, Turkey legal system on groundwater was also inadequate. • Although Turkey legislations on groundwater were sufficient about quantity, there only a few provisions about quality. • Moreover, a new institutional structure was needed to maintain the new approaches.

  16. New Legal and Institutional System 16/28

  17. New Institutional System In addition to earlier insufficient legal system, there was an important question also: which government agency will be responsible for new groundwater management approaches? It was obvious that a competent authority should be introduced to fulfill the obligations under the EU Directives

  18. DSI • Innew Turkish institutional system, two competent authorities areresponsible for the management of groundwater under Ministry of Forestry and Water Affairs(MoFWA), which are DG for State Hydraulic Works (DSI) and DG for Water Management(DGWM). • According to the provisions of DSI establishment law and groundwater law, DSI is responsible for the issues regarding the quantity of groundwater. In addition, DSI is responsible for identifying of groundwater bodies and characterization also.

  19. General Directorate of Water Management (GDWM) • While DSI is responsible for the issues regarding the quantity of groundwater, GDWM is responsible on quality of groundwater. • GDWM is responsible to determine strategies, do a measures program, design the monitoring program, identify trends and trend reversal points also.

  20. By-Law on The Protection ofGroundwater Against Pollution and Deterioration • Considering the huge legal gap, MoFWA (specifically GDWM and DSI) has drawn a new by-law on groundwater: By-Law on The Protection of Groundwater against Pollution and Deterioration. • By-law on Protection of Groundwater Against Pollution and Deterioration including the provisions of Groundwater Directive as well as related provisions of Water Framework Directive has been taken into effect in 07.04.2012 by promulgation in Official Gazette no. 28257. By announcing, this by-law has become a keystone for groundwater management issues in Turkey. Requirements

  21. Content of By-Law on The Protection ofGroundwater Against Pollution and Deterioration

  22. By-Law on The Protection ofGroundwater Against Pollution and Deterioration • Definitions in this by-law have been designed in accord with EU Directives. “New concepts” for Turkey’s groundwater management area like “threshold values”, “groundwater body”, “trend reversal”, “significant and sustained upward trend”, “quality standard” etc. have been introduced by the by-law. • The deficit, especially on groundwater quality assessment, has been met. • Competent authorities on groundwater, penal provisions and schedule of processes have been determined. • It should be especially noted that, to learn how to implement the by-law, technical reports and guidances of Europe Commission has been started to focus on. EU Member State implementations on groundwater management have been now become pathfinder examples. • In short, the by-law has brought a contemporary approach in groundwater management.

  23. Works Done to Implement the By-LAw 23/28

  24. Project Capacity Building Support to Turkey on Groundwater Management MoFWA has planned a project that is regardful both theby-law and EU Directives. The project aims actually the appropriateimplementation of theby-law and thus are in the scope of new legal and institutional

  25. Capacity Building Support to Turkey on Groundwater Management

  26. THANKS FOR YOUR PATIENCE

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