"Green Industrial Zone" Definition Added to Organized Industrial Zones Law

Definition of "Green OSB" added to Organised Industrial Zones Law. In cases where EMRA is a party, the institution will be exempted from all court costs and collateral requirements in requests for precautionary measures and precautionary attachment. The Law on Amendments to the Organised Industrial Zones Law and Certain Other Laws has been published in the Official Gazette and entered into force. Under the law, appointments to the position of inspector at the Turkish Energy, Nuclear and Mining Research Institution (TENMAK) can be made from among those serving as inspectors, auditors, supervisors and controllers in positions or cadres within public administrations covered by the general and special budgets. The number of those appointed in this manner shall not exceed 5. Unlicensed electricity generation facilities based on renewable energy sources to be established to meet the electricity consumption needs within mining activities will also be included in the scope of "infrastructure facilities".

Definition of "Green OSB" added to the law

The law also included regulations concerning the acceleration of planning, establishment and expropriation processes for Organised Industrial Zones (OSB). The definition of "Green OSB" was added to the Organised Industrial Zones Law. Green OSB encompasses OSBs certified by the Turkish Standards Institution (TSE) within the framework of criteria determined by the Ministry of Industry and Technology from environmental, economic, social and administrative perspectives, distinguished by resource and energy efficiency, lean manufacturing, industrial waste cooperation and environmentally conscious practices. In areas designated as industrial zones in valid zoning plans, the OSB area shall be finalized without conducting the OSB site selection process, provided that the opinion of the administration approving the plan is obtained and geological and geotechnical studies forming the basis of the zoning plan are conducted. Parcel owners who commit to making investments within the conditions and timeframes specified in the regulation may be allocated space in the selected area by the OSB without expropriation. Properties of those who fail to fulfil their commitments shall be expropriated. In the area where the OSB site selection has been finalized, the metropolitan municipality, provincial municipality, district municipality, town municipality, chamber of commerce and industry, provincial special administration or investment monitoring and coordination directorate, representatives of professional organizations and associations related to the matter may take part in OSB establishment with the favourable opinion of the Ministry of Industry and Technology. The OSB shall acquire legal personality upon approval by the Ministry and registration in the register of the founding protocol signed by representatives of institutions and organizations participating in its establishment and the governor.

Priority for Green OSB projects

In areas whose boundaries have been finalized as OSBs by the Ministry of Industry and Technology, following the deposit of immovable property compensation determined by the court on the basis of an urgent expropriation decision into a bank account and the issuance of an urgent possession order, the OSB may conduct infrastructure construction and allocation and may issue licenses and permits for investments so that investments are not delayed. Projects prepared for becoming Green OSBs shall be financed by the Ministry of Industry and Technology and evaluated on a priority basis. Land sales shall be conducted in accordance with the principles and procedures determined in the regulation in a manner to be determined by the board of directors and within the scope of the transparency principle. Parcel allocations within the OSB shall be conducted within the scope of the transparency principle. The OSB legal entity shall be able to construct superstructure on parcels located in industrial or service support areas, and shall be able to lease or sell parcels with superstructure to participants who undertake conditions and commitments for commencing production. Participants may lease their facilities to one or more tenants for production purposes. The application of free and partially paid parcel allocation has been abolished.   Source