TURKISH FOREST LAWS AND THEIR EFFECT
ON PRIVATE OWNERSHIP OF LAND.
Since 1937 Turkey has had two main Forestry laws (Laws 3116 and 6831) and a host of ammendment
laws. An index of these laws is provided in APPENDIX_1.
I. FORESTRY LAWS MOST AFFECTING LAND OWNERSHIP
In 1937 a law was passed legally defining all Forests in Turkey and in 1945 an ammendment was
passed ammending this definition and Nationalising all Forests within the new definition . Because the
detailed survey of the country for the purpose of identifying forests is still not yet complete,
Government forest boundaries are still being determined and as a result the most current Legal
definition of a Forest has always played a key role in deciding what land should be Nationalised.
THE FOREST LAW 3116 of 1937 (see APPENDIX_2) for latest ammended version) was the first
Forest law since the establishment of the Turkish Republic to make a legal definition of Forests and to
establish Forest policies. Before it was ammended in 1950) this law (clause 21) decreed that maps of all
Forest areas in Turkey should be prepared within 10 years.
AMMENDMENT 4785 of 1945 (see APPENDIX_3) redefined and Nationalised all Legal Forests
with some exceptions. The most important exceptions were Forests of poplar, willow, alder, acasia,
eucalyptus, cypress, nut bearing stone pine, oak and wild chesnut.
This law required Forest owners to declare their land within one year or lose the right to any
compensation if their land was Nationalised. Compensation was to be offered based on 1936 land
values and such offers were to be valid for 5 years after which no compensation would be paid.
AMMENDMENT 5653 was passed in 1950 (see APPENDIX_2). This law changed clauses 1 and 3
(among others) of Forest law 3116 redefing Legal Forests as follows :
"A collection of trees or bushes occurring naturally or planted by people" with the exception
of the following : "
a)
b)
c)
d)
All types of prickly plants
Trees in parks and graveyards
Trees not found in natural Forests such as poplar,eucalyptus,willow and acasia.
Clumps of trees and bushes covering less than 3 hectars on private land more than 3 km from
government Forest.
e) All types of maquis "
Maquis areas were now specifically excluded from being defined as Legal Forest. Maquis Comissions
were set up to conduct surveys in order to identify and reclassify Maquis areas previously defined as
National Forest areas.
In addition three types of Forest were recognised: "
1) Government Forest
2) Forests belonging to legal entities such as Villages or cities
3) Private Forests "
THE CURRENT FORESTRY LAW 6831 of 1956 (see APPENDIX_4). In 1956 the present Forestry
law was introduced replacing law 3116 and offering its own (similar) Forest definitions and Forestry
policies.
Legal Forests were again redefined as "naturally occurring or planted collections of trees or shrubs
together with the land they occupy."
Exceptions were again listed as follows: "
Reedbeds
Steppes
Land containing all types of prickly plants
Ç) parks
(ammendment 2896 clause 1 of 23/9/1983) tree and shrub covered areas in city cemeteries and in old
cemeteries located inside municipality and
Village limits.
Private land containing trees and shrubs which do not grow
naturally in surrounding Forests
(ammendment no 3373 clause 1 of 22/5/1987). Private registered land within Forest land or ajacent to
Forest land, any private land outside Forest areas used as agricultural land containing random or
orderly arranged trees or clumps of any species of tree or shrub.
(ammendment no 3373 clause 1 of 22/5/1987). Private land less than 3 hectars in area located outside
Forest areas containing any kind of tree or shrub.
Private land containing or scheduled to be planted with (according to the suitability of the region) any
kind of fruit bearing tree or shrub, including stone (nut bearing) pine and (acorn bearing) oak,
(ammendment no 2896 clause 1 of 23/9/1983). Private land containing grafted and ungrafted olive trees,
land containing wild olive trees that has been separated from government Forest by special law
provided that the improvement and ownership conditions have been met and land containing wild
and grafted nut trees, mastic trees and … trees as specified by law 77 of 9//1956.
Land covered by maquis and heather and land that does not have
conservation characteristics. "
However since the National Survey of Turkish Forests had still not been completed by then (and is still
ongoing) the Nationalisation Law 4785 and its ammendment law 5658 were not abolished and are still
used to Nationalise newly surveyed land if it is deemed to be Legal Forest.
This current Forestry law 6831 in Clause_2B also made specific provision for the return of certain
Legal Forest lands to their previous owners, namely:
"Fields, vineyards, gardens, orchards, olive groves , hazelnut tree groves, nut tree groves (pistacio, pine
nut) and similar agricultural areas or grazing land, winter sheltering areas, and summer mountain
pastures which technicallyand scientifically ceased to be Forest before 31 december 1981 and whose
use for agricultural or stock.."
II. EVALUATION
According to statistics from the Forestry Department, 26% of Turkey’s total land area of 77,056,192
hectares (20,199,296 hectares) is Forest. Needless to say the Nationalisation of Turkish Forests has
affected a huge number of landowners over the last 59 years.
It is estimated that about 14% of the country has still not yet been surveyed by the Forestry Comissions.
Therfore there is still a lot of private land whose Legal ownership is still uncertain because it may still
be considered Forest when eventually surveyed.
APPLICATION OF THE LAW AND ITS IMPLICATIONS ON PRIVATE LAND OWNERSHIP:
1. The process of surveying the whole of Turkey by Forestry Commissions still continues today. The
same land cannot be surveyed twice. The principal object of the survey is to determine which areas
are to be Legally defined as Forest.
2. Once a survey is complete all legally defined Private Forest areas in it are Nationalised without
Compensation and the private title deeds are cancelled.
3. GATHERING OF FACTS : For the purpose of Nationalisation the physical features used to
determine the result of a survey should be those in maps, aerial photographs and other evidence
gathered and prepared according to Forest law 3116 in the 10 years following 1937.
4. INTERPRETATION OF FACTS : (are the physical features established above legal Forest or not?)
This has been done over the years according to criterion in the latest ammended version of the
Forestry Law in force on the date in question. Today it is done according to the most recently
ammended version of law 6831 introduced in 1956.APPENDIX_4
OBJECTIONS TO THE APPLICATION OF THE LAWS
OBJECTION 1
Nationalisation of Forest Land should not occur without Compensation, yet in
accordance to Clause_5 and 8 of law 4785 compensation is no longer paid. This practice has been
unsuccessfully challenged in the highest courts including the Constitutional Court (see below):
A Constitutional Court case was brought against Clause_5 of law 4785 which states that: ' the owners
of the Nationalised Forests must declare them to their local Forestry Department within 1 year of the
date of this law together with their ownership and tax documents and in the case of disputed land with
their relevant court documents. If in one year they fail to carry out this duty they will lose the right to
compensation for their Nationalised Forest.' This case was Rejected by Constitutional Court decision
1965/51 OF 30/9/1965 -
OBJECTION 2. Law 4785 (APPENDIX_3) Nationalises all Forests in a general announcement without
directly informing individual Forest Owners that their land is classified as Legal Forest and without
directly informing the Owners of such land of the decision to Nationalise.
This law caused Landowners to lose their rights to compensation even if, being unaware of the
Nationalisation Law, they failed to declare within 1 year that their land was Forest . In fact Law 4785
assumes the Landowner knows if his land is Legally a Forest or not before the Specific Government
Survey is conducted.
These questions have been the subject of several court cases but in each instance the courts have upheld
the law.
A Constitutional Court Case was brought against Clause_no1 of law 4785 where it states that : ' these
Forests herby become Government property without any further procedure or notification.' The case
was rejected by Constitutional Court decision 1985/5 of 19/2/1985
OBJECTION 3 Survey Procedure Forest surveys for the purpose of establishing nationalised Forests are conducted without informing
the landowner in person (an announcement is posted in the local Village 15 days before the survey
commences). The results of such surveys are not given to the landowner directly but are posted for a
short period in the local Villages. (see Appendix 4 Law 6831 Clause_8 and Clause_11 - due notice
procedures). Therefore the landowner may never know until long after the event that his title deeds have
been cancelled and his right to appeal may lapse.
Surveys are often conducted unprofessionally based on a cursory inspection and not on maps and aerial
photos prepared in the period between 1937 and 1947. The surveying comission is usually composed of
retired government Agricultural and Forestry_Engineers. There is a high risk that the comissions are not
objective.
OBJECTION 4 Failure of the government to return Nationalised Forest Land to its previous owners as
and when new ammendments to the Forestry Laws have permitted it.
Ammendment 5658 of 24/3/1950 to Law 4785 (see appendix 3 - law 4785 additional clause_2) allowed
certain land described as Legal Forest but surrounded by non Forest land to be returned to its previous
owners. Despite this ammendment, which is still valid, few such areas have been returned to their
previous owners.
Ammendment 5653 of 4/3/1950 to Forestry Law 3116 Clause_1 declared that certain types of Maquis
were no longer Legal Forest. This amendment was abolished in 1956 by the new Forestry Law 6831
The new Forest Law 6831 of 1956 also specifically excludes many categories of land from Legal Forest
including Maquis (Clause_1J). Little such land has been returned.
Supreme Court Judgement 1991/182 E 1991/174 K of 19/12/1991 (Yargitay 20’inci Hukuk Dairesi)
ruled that although the Maquis Survey Comissions were empowered to reclassify Forest as Maquis they
could not take Maquis out of Legal Forest Boundaries or return it to the previous owners.
Ammendment 3302 of 5/6/1986 Clause 2/B (see Clause_2B) to this Law provides specific guidelines
for the return of land, which used to be Forest but no longer exhibits these characteristics, to their
previous owners. However Constitutional Court intervention forbade this on the basis of article
ARTICLE_169 and ARTICLE_170 of the Constitution (appendix 5) (Constitutional Court
Judgements 1987/31-13 of 1/6/1988 and 1988/35-13 of 14/3/1989) and the Kadastre Law 3402 clause
45/3 was changed accordingly.
Despite the regular refusal of the Government to return land to their previous owners under any
circumstances, Clause_17 of law 6831 (see appendix 3) allows the Government to lease Forest Land for
up to 49 years provided it is in the national interest and these leases can be extended for a further 99
years. Land has even been leased in this way for Touristic Development, to Universities and even
Mining Companies.
APPENDICES
APPENDIX 1 SEE SEPARATE EXCELL FILE SUMMARY OF FORESTRY LAWS
APPENDIX 2 TURKISH FOREST LAW NO 3116 OF 18.2.1937
(ABOLISHED BY LAW 6831 CLAUSE 117 ON 31/8/1956)
SUMMARY OF IMPORTANT CLAUSES :
CLAUSES 1 TO 4 CONCERN THE DEFINITION, DIVISION AND SURVEY OF ALL
FORESTS ( AMMENDED IN 1950 BY LAW 5633 AS FOLLOWS)
CLAUSE 1 THIS DEFINES A FOREST AS A COLLECTION OF TREES OR BUSHES
OCCURRING NATURALLY OR PLANTED BY PEOPLE. CERTAIN EXCEPTIONS
ARE LISTED NAMELY :
f) ALL TYPES OF PRICKLY PLANTS
g) TREES IN PARKS AND GRAVEYARDS
h) TREES
NOT
FOUND
IN
NATURAL
FORESTS
SUCH
AS
POPLAR,EUCALYPTUS,WILLOW AND ACASIA.
i) CLUMPS OF TREES AND BUSHES COVERING LESS THAN 3 HECTARS ON
PRIVATE LAND MORE THAN 3 KM FROM GOVERNMENT FOREST.
j) ALL TYPES OF MAQUIS
CLAUSE 3 THIS RECOGNISES THREE TYPES OF FOREST :
4) GOVERNMENT FOREST
5) FORESTS BELONGING TO LEGAL ENTITIES SUCH AS VILLAGES OR CITIES
6) PRIVATE FORESTS
CLAUSE 4 ALL NON GOVERNMENT FORESTS ARE SUPERVISED BY THE
GOVERNMENT AND CONTROLLED BY THIS LAW.
CLAUSES 5 TO 13
CLAUSES 14 TO 15
EXCHANGE
CLAUSES 16 TO 20
CLAUSES 21 TO 22
CLAUSES 23 TO 30
AREAS
CLAUSES 31 TO 40
CLAUSES 41 TO 42
CLAUSES 43 TO 46
CLAUSES 47 TO 50
OTHER
CLAUSES 51 TO 55
CLAUSES 56 TO 59
CLAUSES 60 TO 62
CLAUSES 63 TO 64
GOVERNMENT FORESTS - ESTABLISHING BOUNDARIES
GOVERNMENT FORESTS - EXPROPRIATION AND
GOVERNMENT FORESTS - THE SALE AND USE OF
GOVERNMENT FORESTS - SURVEYING FOR REGISTRY
GOVERNMENT FORESTS - PROTECTING THE FOREST
GOVERNMENT FORESTS - EXPLOITING AND MANAGING
GOVERNMENT FORESTS - GRAZING RIGHTS
GOVERNMENT FORESTS - PRESERVATION FORESTS
PUBLIC FORESTS OWNED BY VILLAGES, CITY OR
PUBLIC AUTHORITIES
PRESERVATION OF SUCH FORESTS
BUILDING IN SUCH FORESTS
FORESTS BELONGING TO TRUSTS
PRIVATE FORESTS - ESTABLISHING BOUNDARIES
CLAUSES 65 TO 66
PRIVATE FORESTS - MANAGEMENT AND
PRESERVATION
CLAUSES 67 TO 76
PRIVATE FORESTS - EXPLOITATION AND BUILDING
CLAUSES 77 TO 87
AND
CLAUSES 88 TO 94
FOREST
ALL FORESTS GENERAL CLAUSES - PLANTING TREES
BUILDING
ALL FORESTS GENERAL CLAUSES - EXTINGUISHING
FIRES
CLAUSES 95
ALL FORESTS GENERAL CLAUSES - CLEANING UP
LUMBER WASTE
CLAUSES 96 TO 102
ALL FORESTS GENERAL CLAUSES - RIGHT TO CARRY
FIREARMS
CLAUSES 103 TO 124 ALL FORESTS GENERAL CLAUSES - PENAL CODE
CLAUSES 125 TO 132 ALL FORESTS GENERAL CLAUSES - FOLLOWING UP
OFFENCES
CLAUSE 132 (THIS WAS ABOLISHED IN 1950 BY AMMENDMENT LAW 5653).
TEMPORARY CLAUSES
1. FORESTS BELONGING TO VILLAGERS AJACENT TO GOVERNMENT FORESTS
(EXCEPT FOR THOSE UNDER 50 HECTARS) AND FORESTS SEPARATE FROM
GOVERNMENT FORESTS BUT OVER 1000 HECTARS IN SIZE, WILL BE
EXPROPRIATED. FORESTS BELONGING TO VILLAGES, MUNUCIPALITIES
AND TRUSTS ARE EXEMPT. ALL EXPROPRIATONS WILL BE COMPLETED IN
TWO YEARS.
2. ALL EXPROPRIATIONS WILL BE ACCORDING TO OFFICIAL LAND
VALUATIONS MADE IN 1936 FOR CALCULATING LAND OR IN THE ABSENCE
OF THESE THE COMISSIONS MAY ESTIMATE A VALUE NOT MORE THAN 6
TIMES THE OFFICIAL VALUE IN 1331 (1915).
3 TO 8 MISCELLANEOUS SUBJECTS TO DO WITH PROCEDURES AND FOREST
MANAGEMENT
CLAUSES 133 TO 136
MOSTLY DEAL WITH THE RIGHTS AND
RESPONSIBILITIES OF
VILLAGERS WITH REGARD TO THE USE OF THE
NEIGHBOURING
GOVERNMENT FOREST
APPENDIX 3
LAW NO 4785
8.7.1945
ACCEPTANCE DATE : 9.7.1945
LISTING IN OFFICIAL GAZETE:13.7.1945 GAZETE NO 6056
For complete turkish version see :
http://www.yargitay.gov.tr/bilgi/kanun_liste/PC14785.HM3.frameset.html
THIS LAW ADDS CERTAIN CLAUSES TO THE FORESTRY LAW (3116) AND
CHANGES CLAUSE 1 OF THIS LAW (1)
(1)THE PRESENT FOREST LAW 6831 CLAUSE 117 ABOLISHES FOREST LAW NO 3116
OF 8.7.1937 AND ITS AMENDMENT LAW 5653 OF 31.8.1956. HOWEVER EVEN
THOUGH THIS LAW (4785) AND LAW NO 5658 OF 24.3.1950 ARE ABOUT FOREST
LAW 3116 THEY HAVE NOT BEEN ABOLISHED AND THEREFORE THEY ARE
INCLUDED IN OUR OUR COLLECTION)
1. AS OF THE DATE OF THIS LAW ALL FORESTS WHETHER THEY BELONG TO
PRIVATE PERSONS, TRUST FUNDS, VILLAGES, LOCAL MUNICIPALITIES,
GOVERNMENT INSTITUTIONS OR PRIVATE LEGAL ENTITIES HAVE BEEN
NATIONALISED. THESE FORESTS HERBY BECOME GOVERNMENT
PROPERTY WITHOUT ANY FURTHER PROCEDURE OR NOTIFICATION.
2. CLAUSE NO 1 DOES NOT APPLY TO THE FOLLOWING FORESTS:
A) FOREST AREAS THAT WERE PLANTED BY HUMAN EFFORT ACCORDING
TO RELEVANT SECTIONS WITHIN LAW NO 3116 WITHIN OR ADJACENT
TO GOVERNMENT FORESTS OR FORESTS NATIONALISED BY THIS LAW.
B) PRIVATE STONE PINE TREE FORESTS, ACORN OAK FORESTS AND
UNGRAFTED CHESNUT TREE FORESTS.
C) POPLAR, WILLOW, KIZILAGAC, AKASYA, EUCALYPTUS, AND CYPRESS
FORESTS PLANTED BY HUMAN EFFORT LYING OUTSIDE GOVERNMENT
FORESTS OR FORESTS NATIONALISED BY THIS LAW.
D) FORESTS TO BE DESIGNATED BY THE MINISTRY OF AGRICULTURE
BELONGING TO PRIVATE PERSONS, TRUST FUNDS, VILLAGES, LOCAL
MUNICIPALITIES, GOVERNMENT INSTITUTIONS OR PRIVATE LEGAL
ENTITIES WHICH ARE NOT ADJACENT TO GOVERNMENT FORESTS OR
FORESTS NATIONALISED BY THIS LAW BUT WHICH CONTRIBUTE TO
THE BEAUTY OF THE ENVIRONMENT
THE REMAINDER OF THIS CLAUSE STIPULATES THAT FORESTS THAT HAVE NOT
BEEN NATIONALISED AS PER THE EXEPTIONS ABOVE ARE STILL UNDER THE
PROTECTION OF THE MINISTRY OF AGRICULTURE AND AS SUCH CANNOT BE
BUILT ON OR PUT TO ANY OTHER USE WITHOUT THE PERMISSION OF THE
MINISTRY OF AGRICULTURE.
3.
----------THIS CLAUSE WAS CANCELLED ON 23/6/1963 BY THE CONSTITUTIONAL COURT
RULING NO 1963/141 DECISION NUMBER 1964/50
(THE CLAUSE HAD STIPULATED THAT COMPENSATION FOR NATIONALISED
FORESTS SHOULD BE ACCORDING TO THEIR VALUE DECLARED UNDER LAW 2901
BUT COULD NOT BE MORE THAN TWICE THE VALUE USED BY THE GOVERNMENT
FOR CALCULATING PROPERTY TAXES IN 1936.)
4. THE FORESTRY DEPARTMENT IS OBLIGED TO BUY ANY BUILDINGS WITHIN
(NATIONALISED) FORESTS IF FOREST OWNERS APPLY TO THE FORESTRY
MANAGEMENT DEPARTMENTS WITHIN 6 MONTH OF THIS LAW.
THE REMAINDER OF THIS CLAUSE EXPLAINS THAT THE METHOD OF
VALUATION SHALL BE ACCORDING TO OFFICIAL TAXABLE VALUES
DECLARED IN 1936/1937.
ALL OF THIS CLAUSE EXCEPT FOR THE METHOD OF VALUATION WAS
UPHELD IN THE SAME CONSTITUTIONAL COURT RULING (ABOVE) NO
1963/141.
5. THE OWNERS OF THE NATIONALISED FORESTS MUST DECLARE THEM TO
THEIR LOCAL FORESTRY DEPARTMENT WITHIN 1 YEAR OF THE DATE OF
THIS LAW TOGETHER WITH THEIR OWNERSHIP AND TAX DOCUMENTS
AND IN THE CASE OF DISPUTED LAND WITH THEIR RELEVANT COURT
DOCUMENTS. IF IN ONE YEAR THEY FAIL TO CARRY OUT THIS DUTY THEY
WILL LOSE THE RIGHT TO COMPENSATION FOR THEIR NATIONALISED
FOREST.
6. THIS CLAUSE DESCRIBES HOW THE FORESTRY DEPARTMENT WILL REPLY TO
DECLARATIONS VIA THE MINISTRY OF AGRICULTURE WTHIN 1 YEAR, AFTER
FIRST ASCERTAINING THAT LAND DECLARED AS FOREST LIES WITHIN
NATIONALISED FOREST
7. COMPENSATION FOR THE NATIONALISED FORESTS WILL BE PAID OVER 6
YEARS IN 6 EQUAL INSTALLMENTS STARTING FROM THE DATE THE
MINISTRY OF AGRICULTURE ACCEPTS THE DECLARATIONS AS PER
CLAUSE 6.
8. IF THOSE TO WHOM COMPENSATION HAS BEEN OFFERED DO NOT APPLY
TO COLLECT IT WITHIN 5 YEARS OF THIS LAW FROM THE LOCAL
TREASURY OFFICE OR FROM THE LOCAL FORESTRY DEPARTMENT THEY
WILL BE DEEMED TO HAVE RELINQUISHED THEIR RIGHTS TO SUCH
COMPENSATION. SUCH PEOPLE WHO LOSE THEIR RIGHTS IN THIS MATTER
CAN NO LONGER MAKE ANY LEGAL APPEAL TO REGAIN THEM.
9. THIS CLAUSE DECLARES THAT ALL RESTRICTIVE CLAUSES SUCH AS
MORTGAGE, TRUST CLAUSES ETC ON NATIONALISED FOREST LAND ARE
INVALID AND THAT ANY COMPENSATION FOR SUCH LAND WILL BE HELD IN
AN ACCOUNT AT THE ZIRAAT BANK UNTIL THE VERITABLE OWNER IS
DETERMINED.
10. BUILDINGS IN NATIONALISED FOREST BOUGHT ACCORDING TO CLAUSE 4
SHALL BE SUBJECT TO NO TRANSFER TAX OR DUTY WHEN THEY ARE
REGISTERED IN THE NAME OF THE TREASURY.
11. BUILDINGS IN NATIONALISED FOREST BOUGHT ACCORDING TO CLAUSE
4 OF THIS LAW SHALL BE PAID FOR BY AN ALLOWACE PUT INTO THE
FORESTRY DEPARTMENT'S BUDGET EVERY YEAR FOR THE PURPOSE.
12. THIS CLAUSE WAS CANCELLED ON 24.3.1950 BY LAW NO 5653 CLAUSE 3
13. THIS CLAUSE ANNOUNCES CHANGES TO CLAUSE 54 AND 36 OF LAW 3116
ADDITIONAL CLAUSE 1. THIS CLAUSE WAS INTRODUCED BY LAW NO 4514 IN
3.6.1946 AND CONCERNS THE FINANCIAL MANAGEMENT OF GOVERNMENT
FORESTS
ADDITIONAL CLAUSE 2. THIS CLAUSE WAS INTRODUCED BY LAW NO 5658 IN
24.3.1950
THE FOLLOWING FORESTS NATIONALISED ON 5.7.1945 BY LAW NO 4785 CAN,
ON REQUEST, BE RETURNED TO THEIR PREVIOUS OWNERS : FORESTS NOT
WITHIN GOVERNMENT FORESTS AND SURROUNDED BY FIELDS; VINEYARDS;
AND CULTURAL LAND SUCH AS
GARDENS; PRIVATE FORESTS, CITY,
PROVINCIAL OR VILLAGE GRAZING GROUND, AND LAND COSIDERED BY
FORESTRY LAW CLAUSE 1 NOT TO BE FOREST AND FORESTS BELONGING TO
VILLAGES, MUNICIPALITIES AND PRIVATE PERSONS PROVIDED SUCH
FORESTS ARE COMPLETELY SEPARATE FROM GOVERNMENT FORESTS AND
FENCED IN.
THE RETURN OF FORESTS NATIONALISED WITHOUT COMPENSATION SHALL
BE DONE WITHOUT PAYMENT AND THE OWNERS SHALL RECEİVE WRITTEN
REPLYS FROM THE FORESTRY DEPARTMENT TO THEIR APPLICATIONS .
THE RETURN OF FORESTS NATIONALISED WITH FULL OR PARTIAL
COMPENSATION SHALL BE DONE UPON WRITTEN APPLICATION BY THE
OWNERS AGAINST REPAYMENT OF THE MONEY RECEİVED IN THE SAME
INSTALLMENTS. IF THE INSTALLMENTS ARE NOT MADE ON TIME PERMISSION
TO MANAGE THE FOREST WILL NOT BE GIVEN. THE RGISTRATION
PROCEDURES OF FORESTS RETURNED SHALL BE EXEMPT FROM ALL RATES
AND DUTIES.
APPENDIX 4 FORESTRY LAW 6831
For complete Turkish version see :
http://www.yargitay.gov.tr/bilgi/kanun_liste/PC16831.HM3.text.html#link123
VOLUME ONE
DEFINITION, DELINEATION , DIVISION AND ADMINISTRATION OF FORESTS
CLAUSE 1 – naturally occurring or planted collections of trees or shrubs together with the
land they occupy shall be called Forest
Exceptions :
A) Reedbeds
B) Steppes
C) Land containing all types of prickly plants
Ç) Parks
D) (ammendment 2896 clause 1 of 23/9/1983) tree and shrub covered areas in City
Cemeteries and in old Cemeteries located inside municipality and village limits.
E) Private land containing trees and shrubs which do not grow
naturally in surrounding Forests
F) (ammendment no 3373 clause 1 of 22/5/1987). Private registered land within Forest land
or ajacent to Forest land, any private land outside Forest areas used as agricultural land
containing random or orderly arranged trees or clumps of any species of tree or shrub.
G) (ammendment no 3373 clause 1 of 22/5/1987). Private land less than 3 hectars in area
located outside Forest areas containing any kind of tree or shrub.
H) Private land containing or scheduled to be planted with (according to the suitability of the
region) any kind of fruit bearing tree or shrub, including stone (nut bearing) pine and
(acorn bearing) oak,
I) (ammendment no 2896 clause 1 of 23/9/1983). Private land containing grafted and
ungrafted olive trees, land containing wild olive trees that has been separated from
government Forest by special law provided that the improvement and ownership
conditions have been met and land containing wild and grafted nut trees, mastic trees and
… trees as specified by law 77 of 9//1956.
J) Land covered by maquis and heather and land that does not have
conservation characteristics.
CLAUSE 2 – (AMMENDMENT NO 3302 CLAUSE 1 OF 5/6/1986).
The following land can be removed from the status of land classified as legal Forest :
A) Areas near Villages previously situated in Forests where in order for people to settle
preservation of the Forest has been judged to be scientifically unbeneficial, in fact where it
has been judged beneficial to change the Forest into agricultural land; and land containing
maquis still situated in Forest areas that it is judged beneficial to convert to agricultural
land.
B) Fields, vineyards, gardens, orchards, olive groves , hazelnut tree groves, nut tree groves
(pistacio, pine nut) and similar agricultural areas or grazing land, winter sheltering areas,
and summer mountain pastures which technically and scientifically ceased to be Forest
before 31 december 1981 and whose use for agricultural or stock-breeding purposes has
been found advantageous, and built-up areas in the vicinity of cities, towns or villages.
These areas that are removed from legal Forest boundaries shall be
declassified as Forest areas and registered in the name of the treasury if they belong to the
govrnment, in the name of private legal entities they belong to these entities, and in the
name of their individual owners if they are private Forests.
With the exception of these areas the Forest boundaries can never be shrunk.
The contents of this clause cannot be applied to : conservation Forests, Forests set aside as
national parks, Forests developed through leasing, land classified as legal Forest by clause 3,
and Forest land that has been burnt.
CLAUSE 3 –
CLAUSE 4 – With regard to ownership and management Forests can be divided into the
following categories:
A) Government Forests
B) Forests belonging to legal public institutions
C) Private Forests
With regard to attributes and characteristics Forests can be divided into the following
categories :
A) Preservation Forests
B) National Parks
C) Production Forests
CLAUSE 5 –
CLAUSE 6 – (AMMENDED BY LAW 3373 CLAUSE 3 OF 22/5/1987)
All business regarding government Forests or Forests counted as government Forests shall be
conducted through the general management of the Forestry department.
All Forests not belonging to the government will be supervised by the general management of
the Forestry department according to the provisions of this law.
VOLUME TWO
I. SURVEYING GOVERNMENT FORESTS
CLAUSE 7 – (AMMENDMENT 3302 CLAUSE 2 OF 5/6/1986 AND 3373 CLAUSE 4 OF
22/5/1987). The surveying of government Forests, Forests belonging to public Legal Entities,
Private Forests and of any other land boundaries that lie within or ajacent to Forest boundaries
shall be carried out by Forest Survey comissions.
Forestry Comissions shall be composed of one comission head and four other members as
follows:
One Higher Forestry Engineer or Forestry Engineer to be appointed as Head of Comission by
the Ministry of Agriculture, Forestry and Village Affairs;
One Higher Engineer or Forestry Engineer or if none can be found Forestry Technician;
One Higher Agricultural Engineer or Agricultural Engineer of if none can be found
Agricultural Technician;
A Representative from the Local Chamber of Agriculture;
One Person to be appointed by the Municipality or in Village Areas by the Village Headman
The fees and expenses of such Comission shall be included in the budget law every year
The details of how the Comissions will work shall be included in separate guidelines
CLAUSE 8 – (AMMENDMENT 3302 CLAUSE 3 OF 5/6/1986). The Ministry of
Agriculture, Forestry and Village Affairs shall decide in which States and Municipalities
Forest Surveys will be conducted and (according to clause 2 of this law) which areas will be
surveyed to see if they are no longer Legal Forest..
The areas to be surveyed shall be announced at least one month in advance on the radio and
othe broadcasing media.
At least 15 days before the physical Forest Surveys and Surveys to remove land from Legal
Forest begin, the Forestry Comission shall hang relevant notices in Local and Neighbouring
Villages .
The details of how the notices will be made shall be included in separate guidelines.
CLAUSE 9 – (AMMENDMENT 2896 CLAUSE 5 OF 23/9/1983) . In the Municipality and
Village areas where the required due notice period has expired the boundaries of the Forest to
be surveyed will be marked and measured in the field and will be noted on aerial photographs
if any exist; the whole process will be recorded in a report. This report will include
information about the way the Forest within the boundaries has been managed, the trees it
contains, ownership and other such rights, the types of immovable property on the boundary,
the names and surnames of the owners or occupiers, the date, serial number and contents of
documents shown, and the objections of concerned parties.
(AMMENDMENT 3302 CLAUSE 4 OF 5/6/1986): Forest Survey Reports and Reports for
Surveys conducted under Clause 2B of this Law shall be prepared for every village and
entered into the Report Book, and reports for surveys conducted under clause 2A of this law
shall be prepared for one or more villages or for all the villages in a municipal area and
entered into the Report Book. These reports shall be signed by the Head of the Comission, the
Members of the Comission, the Experts, and if they are present the Owners or Occupıers of
land in or next to the Forest or their legal representatives.
The Ministry of Agriculture and Forestry is responible for making or comissioning aerial
photos for use in surveying and other Forestry services.
Separate guidelines will be issued with regard to measuring techniques.
Boundary points shall be marked with immovable stone or cement markers. Changing the
location of these boundary points is forbidden.
CLAUSE 10 – (AMMENDMENTS 2896 CLAUSE 6 OF 23/9/1983 AND 3302 CLAUSE 5
OF 5/6/1986). The survey reports relating to Forest boundaries and to Village and
Municipality land that has been removed from Forest boundaries according to clause 2 of this
Law shall be sent to the Head Office of the Forestry Department. This Department after
consulting with the Forestry Comissions in order to correct any legal and procedural
omissions shall send the reports to the Regional Governments in question. On the aproval of
the Regional Governor the Reports come into force. Separate copies will be sent to the
Ministry of Finance and Customs, and the Ministry of Forests' local offices.
The Notice date will be confirmed in writing by the Town Council in Municipal areas and by
the Council of Elders in the Villages. This confirmation will be filed in the Comission files.
The maps of completed surveys will be confirmed by the Head of the Comission.
CLAUSE 11 – (AMMENDMENTS 3302 CLAUSE 6 OF 5/6/1986 AND 3373 CLAUSE 5
OF 22/5/1987). Announcements made by hanging Forestry comission reports in Public
Places will be cosidered the same as giving direct notification to the affected parties.
Interested parties (both persons and legal entities) and the Ministry of Agriculture and Village
Affairs have 6 months from notice day in which to appeal against the Forest boundaries or
the change of Forest boundaries as per clause 2 of this law. Apeals must me made to the
Cadastral court , or where such a court does not exist to the court appointed in its place. If
appeals are not made within this time period the Comission Report will become final. This
time period is serves to limit the rights of redress. Where the land in question has title deeds,
the owner of the title deeds can benefit from an appeal period of 10 years.
Court cases appealing the Forest boundaries are exempt from all duties and rates.
Court cases appealing the Forest boundaries should be opened against the General
Management of the Forestry Department. Court cases appealing the change in Forest
boundaries according to clause 2 of this law should be opened against the Ministry of
Agriculture , Forests and Village affairs and the General Management of the Forestry
Department.
Government Forests whose Survey Reports have come into force will be registered in the
name of the Treasury without the charging of any tax, rates or duties.
Stone, cement, pegs or other boundary point markers will be placed by the General
Management of the Forestry Department.
CLAUSE 12 –
II. DEVELOPING AND MOVING FOREST VILLAGERS
CLAUSE 13
III. PROTECTING FORESTS
CLAUSES 14 TO 16
CLAUSE 17 - (AMMENDMENT 3373 CLAUSE 7 OF 22/5/1987). The Ministry of
Agriculture and Village affairs can lease construction rights for any type of building or
facility within Government Forests situated outside Tourist Centers and Tourist Areas to
Private Individuals and Corporations, provided it is in the National Interest. The length of
such a lease cannot be longer than 49 years. At the end of the lease period all buildings and
facilities except those constructed by the government will become the property of the Forestry
Department. However facilities which the Forestry Department considers to be functioning as
they were set up to do, can have their lease extended to 99 years against the payment of an
annual fee which shall be set according to the official value of the facility. I such cases the
transfer of the facilities to the Forestry Department shall be effected at the end of the new
lease period. In the case of Tourism Facilities the owners will have the right of usage
registered on the relevant land title deeds.
(AMMENDMENT 2896 CLAUSE 10 OF 23/9/1983). When permission is sought to build
such facilities in Forests belonging to Legal Persons, Public Institutions, or Private Persons
the Forestry Department can make its decision without consulting the Ministry of Finance. In
such cases the price of the lease, its length, the transfer of the buildings and facilities and
other such matters can be decided by the intersted parties according to the general clauses of
this law.
CLAUSES 18 TO 19
IV. USE OF PASTURES AND GRAZING GROUND
CLAUSES 20 TO 22
V. CONSERVATION FORESTS
CLAUSE 23 TO 24
VI. NATIONAL PARKS
CLAUSE 25
VII. PRODUCTION AND SALES
CLAUSES 26 TO 44
VOLUME THREE
FORESTS BELONGING TO LEGAL PUBLIC INSTITUTIONS
I. EXPLOITATION AND DEVELOPMENT
CLAUSES 45 TO 47
II. MANAGEMENT AND CONSERVATION
CLAUSES 48 TO 49
VOLUME FOUR
PRIVATE FORESTS
I. SURVEYING, MAPPING, EXPLOITATION AND DEVELOPMENT
CLAUSES 50 TO 54
II. MANAGEMENT AND CONSERVATION
CLAUSES 55 TO 56
VOLUME FIVE
COMMON CLAUSES
I. PLANTING TREES AND DEVELOPMENT
CLAUSES 57 TO 67
II. EXTINGUISHING FOREST FIRES.
CLAUSES 68 TO 78
III. PROSECUTING OFFENSES
CLAUSES 79 TO 90
V. PENALTIES
CLAUSED 91 TO 114
VOLUME SIX
MISCELLANEOUS CLAUSES
CLAUSES 115 TO 119
APPENDIX 5
TURKISH CONSTITUTION ARTICLES 168, 169 & 170
III. Exploration and Exploitation of Natural Resources
ARTICLE 168. Natural wealth and resources shall be placed under the control of, and put at
the disposal of the state. The right to explore and exploit resources belongs to the state. The
state may delegate this right to individuals or public corporations for specific periods. Of the
natural wealth and resources, those to be explored and exploited by the state in partnership
with individuals or public corporations, and those to be directly explored and exploited by
individuals or public corporations shall be subject to the explicit permission of the law. The
conditions to be observed in such cases by individuals and public corporations, the procedure
and principles governing supervision and control by the state, and the sanctions to be applied
shall be prescribed by law.
IV. Forests and the Inhabitants of Forest Villages
A. Protection and Development of Forests
ARTICLE 169. The state shall enact the necessary legislation and take the measures
necessary for the protection of Forests and the extension of their areas. Forest areas destroyed
by fire shall be reafForested; other agricultural and stock-breeding activities shall not be
allowed in such areas. All Forests shall be under the care and supervision of the state.
The ownership of state Forests shall not be transferred to others. state Forests shall be
managed and exploited by the state in accordance with the law. Ownership of these Forests
cannot be acquired through prescription, nor shall servitude other than that in the public
interest be imposed in respect of such Forests.
Acts and actions which might damage Forests shall not be permitted. No political propaganda
which might lead to the destruction of Forests shall be made; no amnesties or pardons
specifically granted for offences against Forests shall be legislated. Offences committed with
the intention of burning or destroying Forests or reducing Forest areas shall not be included
within the scope of amnesties or pardons applicable on other occasions.
The limiting of Forest boundaries shall be prohibited, except in respect of areas whose
preservation as Forests is considered technically and scientifically useless, but whose
conversion into agricultural land has been found to be definitely advantageous, and in respect
of fields, vineyards, orchards, olive groves or similar areas which technically and
scientifically ceased to be Forest before 31 December 1981 and whose use for agricultural or
stock-breeding purposes has been found advantageous, and in respect of built-up areas in the
vicinity of cities, towns or villages.
B. Protection of the Inhabitants of Forest Villages
ARTICLE 170. Measures shall be introduced by law to secure co-operation between the
state and the inhabitants of villages located in or near Forests in the supervision and
exploitation of Forests for the purpose of ensuring their conservation and improving the
living conditions of their inhabitants; the law shall also regulate the development of areas
which technically and scientifically ceased to be Forests before 31 December 1981, the
identification of areas whose preservation as Forest is considered technically and
scientifically useless, their exclusion from Forest boundaries, their improvement by the state
for the purpose of settling all or some of the inhabitants of Forest villages in them, and their
allocation to these villages.
The state shall take measures to facilitate the acquisition, by these inhabitants, of farming
equipment and other inputs.
The land owned by villagers resettled outside a Forest shall immediately be reafForested as a
state Forest.