Energy Law Update – Organized Industrial Zones
Regulation Regarding Organized Industrial Zones Implementation Regulation (the “New Regulation”), published on the Official Gazette dated 16.04.2020 and numbered 31101, brings important and long-awaited amendments to Organized Industrial Zones Implementation Regulation (the “Regulation”) which was published on the Official Gazette dated 02.02.2019 and numbered 30674.
The New Regulation covers several issues frequently asked and raised by the members and managements of Organized Industrial Zones (“OIZ”) including provisions regarding general assemblies, rules as to use of lands and parcels in OIZs and change of OIZ type etc. This update briefly addresses the New Regulation’s provisions involving energy law matters. The New Regulation enables OIZ members to generate electricity for their internal use and to establish recycling and disposal facilities in the OIZs subject to certain conditions provided below.
Organized Industrial Zone Members Generating Their Own Energy
Organized Industrial Zone members were granted with the right to generate electricity from sun and wind for their internal use according to the Article 17 of the New Regulation. In this vein, facilities generating electricity from sun and wind were added to the Article 43 of the Regulation which provides a list of supporting units of members for construction and construction related matters accordingly.
The New Regulation also provides that facilities generating electricity from sun and wind can be established on the roofs and fronts in principle. According to the relevant article, LPG tanks, fire-protection water storage, treatment facilities, facilities generating electricity from sun and wind and similar units which are necessary for operation and management of the relevant facilities cannot be placed on green areas and ring roads within the parcel. If the roof and front area cannot be used due to static and architectural aspects of the facility or additional capacity is required, facility established on the ground cannot take space more than 25% of the parcel area of the facility.
Recycling and Disposal Facilities within Organized Industrial Zones
According to the article 19 of the New Regulation amending the Article 54 of the Regulation, OIZ members can establish recycling and disposal facilities within OIZs provided that (i) environmental laws and regulations are complied with, (ii) activities of other members are not adversely affected, (iii) all necessary measures are taken by OIZ management, (iv) such facilities are within the technical infrastructure of the OIZ and (v) general assembly or the committee of the relevant OIZ has adopted a resolution for establishment of such a facility accordingly. In brief, the New Regulation allows establishment of recycling and disposal facilities within OIZs.
Furthermore, in case of a rejection by the relevant OIZ of any such application relating establishment of a recycling or disposal facility, the relevant persons or corporations may apply to the Ministry of Industry and Technology, and the final decision will be given subject to the approval of the Ministry of Industry and Technology accordingly.
@ Sena Güngördü | Kesikli Law Firm