Regulation On The Procedures And Principles Regarding The Granting Of Coastal Facility Operating Licences

Regulation On The Procedures And Principles Regarding The Granting Of Coastal Facility Operating Licences

• 05.02.2025

The purpose of this Regulation is to regulate the procedures and principles regarding the issuance of operating permits by the Undersecretariat of Maritime Affairs for ports, cruise ports, marinas, passenger terminals, piers, docks, shelters, berths, fuel oil/liquefied petroleum gas pipeline and buoy systems and similar coastal facilities and other superstructure and infrastructure facilities for maritime transportation in accordance with the fourth paragraph of Article 6 of the Coastal Law No. 3621 dated 4/4/1990.

This Regulation covers the coastal facilities mentioned in Article 1 and constructed in order to carry out maritime and port activities on our coasts, and the persons who will construct and operate them.

With the new repealed and amended provisions published in the Official Gazette, changes have occurred in the Regulation. The details of the repealed provisions and amended articles are as follows.

Article 4/f1 subparagraph h of the Regulation has been amended as follows:

Definitions

ARTICLE 4

h) Dangerous Cargoes: 1st class dangerous cargoes and 2nd class dangerous cargoes,

1) 1st Class Dangerous Goods: Substances with flammable and explosive properties and substances that have harmful effects on human health by inhalation or contact,

2) 2nd Class Dangerous Goods: Substances other than 1st class dangerous cargoes and having polluting properties,

Amendment: Regulation Amending the Regulation on the Procedures and Principles Regarding the Granting of Operating Permits to Coastal Facilities (R.G.-01.07.2009/27275) art.1

Exception cases

Amended margin heading: Regulation Amending the Regulation on the Procedures and Principles Regarding the Granting of Operating Licences to Coastal Facilities (R.G.-01.07.2009/27275) art.2

Article 6 side heading and article of the Regulation has been amended as follows:

ARTICLE 6

Amended Article: Regulation Amending the Regulation on the Procedures and Principles Regarding the Granting of Operating Licences to Coastal Facilities (R.G.-01.07.2009/27275) art.2 (1) The Administration determines the criteria to be complied with and the information/documents to be requested as well as the time periods for the coastal facilities where ships will be docked and loading/unloading will be carried out for testing, assembly, construction or trial purposes, coastal facilities which are outside the qualifications specified in this Regulation, coastal facilities where passenger motors will be docked, coastal facilities where ships or marine vessels are docked but cargo and passenger loading/unloading is not carried out.

Application for operating licence and temporary operating licence

Amended margin heading: Regulation Amending the Regulation on the Procedures and Principles Regarding the Granting of Operating Licences to Coastal Facilities (R.G.-01.07.2009/27275) art.3

Article 7 of the Regulation has been amended in its margin heading and article paragraphs:

ARTICLE 7

Amended Article: On the Procedures and Principles Regarding the Granting of Operating Licences to Coastal Facilities

Regulation Amending the Regulation (R.G.-01.07.2009/27275) art.3

(1) Investors wishing to obtain an operation permit or temporary operation permit for a coastal facility shall apply to the Administration with

a) A-Facility Information Form in Annex-1, and apply to the Administration.

(2) The Administration may request the fulfilment of the criteria specified in Annex-2, Annex-3, Annex-4 or Annex-5 and additional information and documents in accordance with the subject of the request.

(3) Investors shall apply to the Administration at the latest 1-3 months before the expiry of the operation permit or temporary operation permit.

The applicant applies to the Administration with the A-Facility Information Form in Annex-1. In the applications to be made for the extension of the temporary operating permit periods, the Administration shall be informed about the actions taken regarding the issues that caused the permit to be granted temporarily.

Evaluation of operating permit and temporary operating permit requests

Amended margin heading: Regulation Amending the Regulation on the Procedures and Principles Regarding the Granting of Operating Permits to Coastal Facilities (R.G.-01.07.2009/27275) art.4

Article 9. margin heading and paragraphs 1,2 and 3 of the Regulation have been amended:

ARTICLE 9

Amended Article: Regulation Amending the Regulation on the Procedures and Principles Regarding the Granting of Operating Permits to Coastal Facilities (R.G.-01.07.2009/27275) art.4

(1) The Administration shall make a final assessment as to whether there is any inconvenience in terms of duties, authorities and responsibilities in the operation of the coastal facility for which an operation permit or temporary operation permit is requested and in berthing ships to this facility.

This assessment

a) Information and documents in the records of the administration,

b) Information and documents in the application file submitted to the Administration in accordance with Article 7,

c) The opinions of DLHİ to be requested in writing by the Administration on matters falling within its jurisdiction (for old facilities without an application project,

The site plan to be approved by DLHİ in accordance with the EIA legislation, and the necessary examination, research, calculation, on-site loading of the current condition and strength of the structure against the loads to which the facility will be exposed, provided that it has been made in accordance with the EIA legislation

The report prepared under the responsibility of the relevant departments of the universities and approved by DLHİ regarding which type and size of ship can berth under which conditions),

ç) Opinions of other relevant institutions/organisations, if required by the Administration,

d) The İTDK report prepared as a result of the on-site inspection and determination by taking into consideration the criteria specified in Annex-1 and Annex-2, Annex-3, Annex-4 or Annex-5 according to the subject of activity and the opinion of the relevant provincial organisation unit of the Administration.

(2) As a result of the evaluation, an operation permit certificate in Annex-6 or a temporary operation permit certificate in Annex-7 is issued on behalf of the coastal facility operator.

(3) The operation permit or temporary operation permit issued by the Administration for coastal facilities shall not relieve the responsibility of the investor or operator organisation for obtaining other permits or approvals required by the legislation of other relevant institutions and organisations.

Operation permit duration

Article 10/f1 of the Regulation has been amended.

ARTICLE 10

(1) The Administration shall grant an operation licence up to a maximum of five (5) years.

Amended paragraph: Regulation Amending the Regulation on the Procedures and Principles Regarding the Granting of Operating Permits to Coastal Facilities (R.G.-14.09.2012/28411) art.1

Article 11 a, b, c and d subparagraphs of the Regulation have been amended and f5 and f6 have been abolished.

ARTICLE 11

Temporary operation permit

(2) Temporary operation permits;

a) In the coastal facilities constructed before the Coastal Law No. 3621 and operated by a public institution and taken under the scope of privatisation while being operated by a public institution, in order to continue the loading/unloading of the types of cargoes that are currently being loaded/unloaded or to load/unload or store dangerous cargoes that require special measures in addition to the existing cargo loading/unloading, upon request; Within the scope of the Law on Privatisation Practices dated 24/11/1994 and numbered 4046, to enable the High Board of Privatisation to complete the 1/1000 scale implementation zoning plan and the procedures falling within the jurisdiction of DLHİ,

Amendment: Regulation Amending the Regulation on the Procedures and Principles Regarding the Granting of Operating Permits for Coastal Facilities (R.G.-01.07.2009/27275) art.5

b) To fulfil the requirements of the Coastal Law No. 3621 and not to disrupt the activities of the coastal facilities which have been privatised while being operated by the public or which have been constructed before the effective date of this Regulation and for which prior permission, usage permit, easement right or transfer of operating right transactions have been made in their favour,

Amendment: Regulation Amending the Regulation on the Procedures and Principles Regarding the Granting of Operating Permits to Coastal Facilities (R.G.-01.07.2009/27275) art.5

c) To enable the completion of the facility as per the approved zoning plan by submitting to the Administration the original or approved deadline plan showing the realisation stage of the construction of the facility, whose construction has been partially completed according to the 1/1000 scale implementation zoning plan and for which the Administration has determined that there is no inconvenience in terms of safety of navigation and maritime safety in the berthing of ships and loading/unloading; by submitting the original or approved deadline plan showing the realisation stage of the construction to the Administration,

Amended subparagraph: On the Procedures and Principles Regarding the Granting of Operating Licences to Coastal Facilities

Regulation Amending the Regulation (R.G.-01.07.2009/27275) art.5

d) It is given by taking into consideration Articles 7, 8 and 9 of this Regulation for the purpose of not disrupting the activities of the coastal facilities which are transferred to another legal entity or whose legal entity is requested to be changed while continuing their activities by obtaining an operation permit or temporary operation permit from the Administration and whose operation permit studies are continuing according to the new situation. Paragraphs 5- 6 have been abolished.

Article 12/f2 of the Regulation has been amended:

Transfer of operating licence

ARTICLE 12

(2) In the event that the coastal facility is transferred to another legal entity or the legal structure of the legal entity is changed, the new legal entity shall apply to the Administration within one month following the date of transfer or change by submitting a notarised copy of the transfer or sale agreement, the articles of association of the company published in the Turkish Trade Registry Gazette, the registration certificate and the information and documents specifying the fields of activity.

Amended paragraph: Regulation Amending the Regulation on the Procedures and Principles Regarding the Granting of Operating Permits to Coastal Facilities (R.G.-17.04.2022/31812) art.1

Article 14 subparagraph b of the Regulation has been amended:

Cancellation of operating licence

ARTICLE 14

b) For real persons and private law legal entities who are coastal facility operators, in the event of loss of one or more of the issues determined to be irreparably dangerous in case of deficiency in terms of safety and security according to the application documents in Annex-1 B and the relevant annexes to the provisions of this Regulation.

Amendment: Regulation Amending the Regulation on the Procedures and Principles Regarding the Granting of Operating Permits to Coastal Facilities (R.G.-01.07.2009/27275) art.7Coastal facilities for public, private and tourism purposes.

Amended margin heading: Regulation Amending the Regulation on the Procedures and Principles Regarding the Granting of Operating Permits to Coastal Facilities (R.G.-01.07.2009/27275) art.8

ARTICLE 15

Coastal facilities for public, private and tourism purposes

Amended Article: Regulation Amending the Regulation on the Procedures and Principles Regarding the Granting of Operating Permits to Coastal Facilities (R.G.-01.07.2009/27275) art.8

(1) The Administration may introduce simplified practices, exempt from some of the provisions of this Regulation or request additional measures for the coastal facilities operated by the municipalities and the piers, docks, fishing harbours and similar coastal facilities allocated for public, private or tourism purposes other than those specified in Annex-2, Annex-3, Annex-4 or Annex-5, although they are covered by the Coastal Law No. 3621.

Transitional provisions for existing facilities

Provisional Article 2 of the Regulation has been amended:

PROVISIONAL ARTICLE 2

Amended Article: Regulation Amending the Regulation on the Procedures and Principles Regarding the Granting of Operating Permits to Coastal Facilities (R.G.-01.07.2009/27275) art.10

(1) By the coastal facilities whose activities were ongoing before the effective date of this Regulation;

a) It is obligatory to apply to the Administration until 1/1/2010 in order to obtain an operation permit or temporary operation permit. Otherwise, it is not allowed to berth a ship to the facility until the application is made.

b) Within the scope of this Regulation, it is obligatory to obtain an operation permit or temporary operation permit from the Administration until 1/7/2010. Otherwise, it is not allowed to berth a ship to the facility until the permit is obtained.

The abrogated and amended provisions on behalf of the Regulation on the Procedures and Principles Regarding the Issuance of Coastal Facility Operation Permit have been explained and we kindly ask you to contact us if you have any questions on the subject.