Araştırma Makalesi (Research Article)

The Definition of The Process of The Areas Taken Out of Forest Boundary and Its Historical Development

FORESTIST 2008; 58: 53-79
DOI: 10.17099/jffiu.00323
Read: 331 Downloads: 214 Published: 29 December 2019

Due to technological developments and population inerement, as happens at global level, forestIands in Turkey have been degraded and decreased İn terms of both quality and quantity. To prevent forestlands from such denement a series of legislative rneaseures have been taken for a long period of time. But, artiele 2 of the current forest code has posed a controversial issue that leads forest destnıction and decrement. To the said artiele some kinds of forest lands might be taken out of forest boundary, known as artiele 2-B practice in general, under the condition that lost its forest characteristics and might better be allocated to such kinds of usages as orchard, vineyard, farmland ete, The artiele has set a time \imit starting from October 15, 1961 depending upon the Constitution of 1961 and December 31, 1981 based upon the Constitution of 1982 and has been app\ied to all forestlands since then. As a consequence of such a malpractice about 1.5 million hectares of forestlands have been taken out of forest boundary so far. AIthough, the essential purpose of the said practice is to support forest villagers and increase their \iving conditions by distributing those lands to each villager, the forest areas adjacent to metropolitan areas and tourlsm centers through the coastal areas have been taken out of forest boundary and allocated to rich, wealthy persons and the companies willing to make tourism investrnent via constructing luxury hotels and resorts. And thus, the law has been applied to not for the purpose of rural development but to support rich people and companies. Since the beginning the artiele 2-B practice, the law has been amended several times and in each case its applicability and its scope have been extended i order to take more lands out of forest boundary. And therefore, the application has stili been posing a serious threats to sustainable forest managemeııt. In this study, initially the definition of article 2-B practice shall be ma de. In the second chapter, its development has beerı investigated. And the legal problems that such a malpractice has been posing shall be analyzed via legal research methodologyand approaches in the end.

EISSN 2602-4039