329 / 469
MISCELLANEOUS
315
request its opinion. The opinion of General Directorate shall be evaluated
in first meeting of Regional Commission.
According to the Regulation, relevant authorities are bound by the
Commission’s decisions. However, it is possible to file administrative
lawsuits against these decisions. In the case of a filed lawsuit against the
decisions, the Regional Commissions are entitled to consider and evaluate
the applications of persons other than the claimants unless the decision is
annulled or a decision of stay of proceeding is rendered.
The Regulation includes also provisions regarding objection to the
decisions rendered within the scope. According to these provisions, the
public authorities -having the planning permission authority and the
governorate and municipality- may raise an objection to the Central
Commission within sixty days against the decisions concerning natural
heritage, natural protected areas, their categorization, protection principles
and utilization conditions for protected area transition period, zoning plan
and revisions for protection.
Conclusion
As seen, the Decree Law numbered 648 and above-mentioned
Regulation gave rise to emergence of two different authorities. We are of
the opinion that while the establishment of two authorities may ensure a
more efficient protection for natural and cultural heritage, it may also result
in increase of complex bureaucratic transactions that escalates ponderous
performance. Moreover, it is predicted that the number of transactions,
which may be subject to an annulment proceeding in administrative
courts shall be doubled. This fact may result in prolongation of judgment
periods and delay of pending projects.