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The Modifications in the Legislation Concerning
Protection of Cultural and Natural Heritage
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Att. Süleyman Sevinç
The cultural and natural heritage is protected under the Act on
Protection of Cultural and Natural Heritage numbered 2863. Pursuant
to this act, High Council on Protection of Cultural and Natural Heritage
is established and the act has been implemented through this council.
However, the term “Natural Heritage” has been removed from the name
of the council pursuant to Article 41 of the Decree Law dated 08.08.2011
and numbered 648, which was published in the Official Gazette dated
17.08.2011 and numbered 28028. Consequently, protection of natural
heritage has been removed from the scope of the aforesaid act and the
concepts of “cultural” and “natural” heritage have been disassociated.
Purpose and Scope of the Regulation
The need for two different piece of legislation for these disassociated
topics arose and this legal gap has been filled by the Regulation on
Principles and Procedures Regarding Establishment and Operations of
Natural Heritage Protection Commissions (the “Regulation”) published
in the Official Gazette dated 18.10.2011 and numbered 28088. The
Regulation has been published to set forth the principles and procedures for
establishment and working pattern of Central Commission for Protection
of Natural Heritage (“Central Commission”) and Regional Commissions
for Protection of Natural Heritage (“Regional Commission”) in order to
ensure fulfillment of the duties of the Ministry of Environment and Urban
Planning (“Ministry”) regarding the natural heritage to be protected and
natural protected areas.
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Article of October 2011