RANGE LAW LAW No. 442 APPROVED ON 25.2.1998 PART I PURPOSE, CONTEXT AND DEFINITIONS PURPOSE ARTICLE 1. The purpose of this Law is the determination, delimitation, allocation of areas such as ranges, pastures, wintersheds or highlands to juridical entities like villages or municipalities and making use of them in a manner abiding by the rules, increasing or sustaining productivity through maintenance and improvement, controlling that use continuously, protecting them and changing their purpose of use when necessary. CONTEXT ARTICLE 2. This Article covers ranges, highlands and wintersheds as well as ranges and grazing lands belonging to public. DEFINITIONS ARTICLE 3. The definitions used in this Law such as; a) Range quality and Capacity: Classification of ranges according to their productivity, b) Ministry: Ministry of Agriculture and Rural Affairs, c) Grassland: In areas where level of ground water is high or irrigation is possible, areas suitable for mowing, where fodder and dry grass are produced, d) Range: Reserved areas for animal husbandry, making use of the grass or areas used with this purpose for the first time, e) Highland: Reserved areas where the farmers can pass the summer season, graze their animals and make use of the grass or areas used with this purpose for a long time, f) Wintersheds: Reserved areas where the animals could be kept in winter and make use of the grass or areas used with this purpose for a long time, g) Grazing Right: The unit number of neat cattle that could be grazed together by the farmers on reserved ranges, highlands or wintersheds for one or more villages, h) Grazing Capacity: The unit number of neat cattle that could be grazed on a specific area in equal intervals for long years without damaging the flora and natural resources like water, land and others, i) Allocation: Reservation of the utilisation of range, grassland, grazing land and wintersheds to one or a few villages or municipalities in accordance with principles of social justice and productivity, j) Limitation: The boundaries of the areas determined as grassland, range, highland and wintershed are shown in Map of 1/5000 based on the country’s landmark system and these boundaries are indicated on the area with permanent signs, k) Determination: Determination of an area as range, highland and wintershed through an official document and expert, l) Commission: Range Commission, m) Technical Staff: Staff under the control of the Commission, n) Grassland: Areas with the same properties of ranges, o) Unit Neat Cattle: The number of animals expressed in a neat cattle unit of 500 kg live weight. PART II 1 APPLICATION THE LEGAL STATUS OF RANGE, HIGHLAND AND WINTERSHEDS ARTICLE 4. The utilisation rights of ranges, highlands and wintersheds belong to one or more villages or municipalities, These areas are under the jurisdiction and utilisation of the State. On areas where the Commission is not yet in duty, the utilisation of ranges, highlands and wintersheds by villages or municipalities is accepted in accordance with the existing reservations through various laws or past usage. Ranges, highlands and wintersheds cannot be transferred to private possession, cannot be used out of purpose, no lapse of time could be applied, and their boundaries could not be tightened. But their right to use could be rented. The principles of leasing are stated in the Regulations. The expenses deriving from returning the ranges, highlands and wintersheds to their original status are collected from the individuals causing the damage. The provisions related to ranges, highlands and wintersheds are applied in the utilisation of public ranges, highlands and wintersheds. AREAS RESERVED AS RANGE, HIGHLAND AND WINTERSHEDS ARTICLE 5. In accordance with the requirements determined by the Commission, the following areas are reserved as ranges, highlands and wintersheds for the villages or municipality. A) Areas that are used as ranges, highlands and wintersheds for a long time and areas reserved for villages and municipalities with the same purpose of utilisation, B) Areas that are analysed and determined to be used as ranges, highlands and wintersheds belonging to the Treasury or under the jurisdiction and use of State, C) Confiscated areas with the purpose of utilising as ranges, highlands and wintersheds, D) Areas that are seen as ranges, highlands and wintersheds in the Registry and still invaded. COMMISSION AND TECHNICAL STAFF ARTICLE 6. The determination, delimitation and allocation of ranges, highlands and wintersheds are undertaken by the Ministry of Agriculture and Rural Affairs. With this purpose, a Commission is established consisting of; Provincial Director of the Ministry, an agriculture engineer majoring on that issue from the Provincial Directorate, an agriculture engineer from Provincial Directorate of Rural Services, a lawyer from Office of the District Treasurer or assigned by the Governor if not found, a representative from National Estate Directorate, a technical officer from Cadastre Directorate, a representative from Chamber of Agriculture under the presidency of the Deputy Governor. Furthermore, in determination, limitation and allocation of ranges, highlands and wintersheds on areas within forest, next to forest or on upper forest boundaries, a forest engineer from Forestry Organisation and on areas declared as reform cites by Law on Agriculture Reform on Land Arrangement in Irrigation Areas, No: 3083, an agricultural engineer from Agricultural Reform Organisation take place in these commissions as a member. 2 The Commissions are formed with the approval of the Governor. In case of the lack of a Deputy Director, the Provincial Director of the Ministry or an expert agriculture engineer assigned by him heads the Commission. Technical Units connected to the Commission are formed to realise the determination, measuring, mapping and allocation works in accordance with the existence of ranges, highlands and wintersheds and animal husbandry potential in cities and towns required. These units consist of; an engineer from the Provincial or District Directorate of the Ministry, an agricultural engineer or technical officer from the Provincial Directorate of Rural Services, a technical officer from Cadastre Directorate, a representative from National Estate Directorate, a representative from Chamber of Agriculture, a forest engineer related with ranges within forest, next to forest and on upper forest boundaries, an agriculture engineer from Agricultural Reform Organisation on areas declared as reform cites by Law on Agriculture Reform on Land Arrangement in Irrigation Areas, No: 3083 and two local experts chosen by the headman and the highest authority of that place utilising the range. Technical Units are formed with the proposal of the Commission and the approval of the Governor in provinces and District Heads in districts. The working principles and conditions of the Technical Units are determined by Regulations. ANNOUNCEMENT ARTICLE 7. The Commission declares the villages and municipalities within its working area, the date and place of inspection at least 30 days before the determination works in accordance with Article 9 to these villages and municipalities and related towns through known methods. Furthermore, the issue is also informed to the Forestry Organisation Directorates, Village Headmen and mayors. The areas included in the program in accordance with Cadastre Law No: 3402 are informed to the Ministry four months before by the General Directorate of Registry and Cadastre. Within this period, the related Commission determines and limits ranges, highlands and wintersheds informing to the General Directorate of Registry and Cadastre. If these Commissions are unable to determine and limit the ranges in the determined period, then the Cadastre Commission undertakes this duty in accordance with the provisions of Cadastre Law No: 3402. TASKS PRIOR TO DETERMINATION AND ALLOCATION ARTICLE 8. The headmen and mayors of villages and municipalities are obliged to present all information and document samples proving that the ranges, highlands and wintersheds belong all or partially to their village or municipality within 30 days after the announcement to the Commission. They are also obliged to inform the number of families, their herds, the beneficent of ranges, highlands and wintersheds in which ways and amounts to the Commission. The related directorates of forestry organisation are obliged to submit the related documents and information about the ranges, highlands and wintersheds within their region to the Commission within 30 days after the announcement. 3 The Registration Office and other related organisations are obliged to submit the information and documents proving that the places determined as range, highland and wintershed do have the conditions mentioned in Article 5. DETERMINATION AND LIMITATION WORKS ARTICLE 9. The Technical Units appointed by the Commission determine the existing ranges, highlands and wintersheds and areas that will be included in ranges, highlands and wintersheds according to Law as well as limiting and installing the border signs and prepares 1/5000 maps. In order to limit the areas determined as range, highland and wintershed according to this Law, the border determination and marking on that area will be realised with the presence of related headmen or mayors or appointed representatives by them. The technical units determine the range, highland and wintershed requirements of the villages or municipalities that this Law is enforced considering their ecological, agricultural and economic characteristics as well as existing animal types and their possible developments in future in accordance with the norms applied by the Ministry’s Regulations. A report is prepared and signed by the participants at the end of such operations. The ranges, highlands and wintersheds within forests without forest limitations are determined with the approval of the Ministry of Forestry. On areas with absolute court decision, certain forest limitations and completed cadastre operations, the determined borders are taken as basis. The maps to be used in the applications of this Law can be prepared by real or legal entities through bidding as required by the Ministry. REGISTRATION TO PRIVATE REGISTRY ARTICLE 10. A sample of maps of places determined and limited as range, highland and wintershed are sent to the related Registration Office. Cadastre places are registered to private registry according to Paragraph B of Article 16 in Cadastre Law No: 3402. Ranges, highlands and wintersheds located within the borders of more than one province or village are registered to private registry in the Registration Office considering the administrative borders. Ranges, highlands and wintersheds determined, limited and allocated by Commissions on areas without cadastre are informed to the General Directorate of Registration and Cadastre for registration to private registry. The inventories of ranges, highlands and wintersheds determined, limited and allocated by the Commission and Cadastre Office are also prepared by the Ministerial Provincial Directorate. 4 EVALUATION OF REQUIREMENT FOR ALLOCATION ARTICLE 11. The Commission determines and shows on map the existing ranges, highlands and wintersheds and other areas that can be used for this purpose, irrigation and transit areas considering the economic status of the region, climate conditions, land utilisation and processing principles and utilisation capability classifications. In determining common or single use of the range, highland and wintershed requirement of the village or municipality, the characteristics and grazing capacity of these areas, development of flora and fauna and the amount of herds to be grazed are taken into consideration. In this calculation, the grazing right of the farmer families around is found from the necessary area of range, highland and wintershed for a neat cattle unit. DECISION OF ALLOCATION ARTICLE 12. The Commission allocates the necessary amount of range, highland, wintershed and related irrigation and transit areas for the common utilisation of people as determined to meet the requirements in Article 11 to the legal personality of a village or municipality and the allocation decision is submitted to the Governor’s Office. In this decision, the quality, amount, borders, watering and transit sites for herds, purpose, grazing capacity of the allocation and the grazing right of the family establishments in neat cattle unit and the number of animals to be grazed are all mentioned. The area that is more than required could be leased to villages and municipalities around in need or to real and legal persons dealing with animal husbandry. However, the leasing issue is re-evaluated every five years in accordance with the number of animals belonging to the village or municipality. Moreover although included in the context of this Law, the areas that could only be used as range after improvements could be leased to real and legal persons that promise to realise the improvement works. The principles and conditions of leasing are determined by regulations. NOTIFICATION, ANNOUNCEMENT, EXCEPTION AND REGISTRATION OF THE ALLOCATION DECISION ARTICLE 13. The results of the studies carried by the technical units are kept in announcement places for a period of 30 days by the commission. It is possible to object to the commission about the results of these studies by technical units within this announcement period of 30 days. The commission decides for such objections within 60 days. The decisions derived with these inspection of the decision and the allocation decision are notified to the headmen’s or mayor’s office, Office of District Treasury or Directorate of Property, related directorate of forestry and Agricultural Reform Organisation. The are also announced through known methods in the villages and municipalities and kept in notice for 30 days including the proceedings and maps on the subject. 5 Within the notice period of 30 days and after 30 days from notification in cases where notifying is necessary, a suit could be commenced in a civil court and in cadastre court on cadastred areas. In case the litigated ranges, highlands and wintersheds are out of the cadastre working area, then the cadastre courts have jurisdiction on cases related with these areas. Decisions that are not sued within 30 days of notice are ratified and registered to private registry in the directorate of title deed registration office. PART III ALTERING THE ALLOCATION PURPOSE ARTICLE 14. Unless the allocation purpose is changed, it is not possible to make use of ranges, highlands and wintersheds in another way stated by the Law. However according to the Law and previous Laws, from among the areas determined as range, highland and wintershed or used with this purpose for a long time; a) The areas that are seen as definitely productive for mining, oil exploration, premanagement and management activities according to the provisions of Oil Law No: 6326 and Mining Law No: 3213 upon the request of the Ministry of Energy and Natural Resources, b) The areas that are seen vital for tourism investments upon the request of the Ministry of Tourism, c) The areas that are seen necessary for public investments, d) The areas needed for preparation of construction plans, soil preservation, protection of gene resources, establishment or national parks and protection forest, preservation of natural, historical and cultural values, flood control, improvement of rivers and their sources can have their allocation purpose changed upon the request of the related Ministry from the Ministry and the approval of the Ministry and the Ministry of Finance. The mentioned areas are registered in the name of the Treasury. The entrepreneurs applying within the context of Paragraph a of this Article are obliged to organise their activities without damaging the surrounding range areas and to turn the area they use to its original status at the end of the allocation period. Such places are registered to private registry at the end of allocation period. The commission may ask for the enforcement of the Law on Land Arrangement in Irrigation Areas No: 3083 when necessary from the Ministry. ALTERING THE ALLOCATION DECISION ARTICLE 15. The alteration of allocation decision is done with the approval of the Governor’s Office upon the proposal of the commission considering the changes and developments in the necessity of villages or municipalities for ranges, highlands and wintersheds. However, in order to make such a change, five years after the last allocation decision should have passed. This period is not applicable in changing the allocation purpose mentioned in Article 14. The alterations in the allocation decision are registered in the private registry related with ranges, highlands and wintersheds. REGISTRY THROUGH OCCUPATION 6 ARTICLE 16. The commissions are obliged to notify the Treasury for abolishing the registries on ranges, highlands and wintersheds that are done without showing any opponents through occupation. PART IV PROTECTION, MAINTENANCE HIGHLANDS AND WINTERSHEDS AND IMPROVEMENT OF RANGES< MARKING OF BORDERS ARTICLE 17. The boundaries of the determined, limited and allocated ranges, highlands and wintersheds are shown with borderlines in accordance with technical specifications. ESTABLISHMENT OF RANGE RESEARCH DEPARTMENTS ARTICLE 18. Range Research Units are established within the framework of legislation in the existing agricultural research institutes and universities with the purpose of determining the research, planning, improvement projects, grazing period, utilisation system, protection and control measures of the ranges, highlands and wintersheds. The already existing units are re-organised in order to serve the above mentioned purpose. PROTECTION OF RANGES, HIGHLANDS AND WINTERSHEDS ARTICLE 19. The headmen and mayors are responsible from the protection of the borderlines of ranges, highlands and wintersheds as well as providing the utilisation in accordance with their allocation purpose. They are also entitled to and responsible from assisting public officers in realising the issues mentioned in development projects. ‘Range Management Unions’ are established in related villages and municipalities with this purpose. The establishment and working principles of these unions are determined by the regulation. The headmen and mayors are obliged to inform any disclosure to ranges, highlands and wintersheds to the Ministerial District or Provincial Directorate. The District or Provincial Directorate is obliged to inform this to the Governor’s or District Head’s Office. These authorities undertake the necessary procedures in accordance with the Law on Preventing Disclosures to Immovable Possessions, No: 3091 and Article 75 of the State Bidding Law, No: 2886. CONSTRUCTION OF BAN ARTICLE 20. In highlands and wintersheds, except for buildings mentioned in Village Law, No: 442, dairy, open-shed, temporary barns and sheds appropriate to their utilisation purpose and wooden buildings on areas seen as suitable for tourism with the demand of the Ministry of Tourism, no housing, barn or similar buildings could be constructed. PART V 7 VARIOUS PROVISIONS JUSTIFICATION OF RANGE, HIGHLAND AND WINTERSHED CLAIM ARTICLE 21. The claims related to ranges, highlands and wintersheds in villages and municipalities where allocations are made in accordance with this Law are justified through registration in private registry kept after the classification of private registries in related title deed registration office. No objections based on legal reasons prior to determinations could be made to rights mentioned in allocation decision from the date of determination of allocations and no litigation is possible. UTILISATION RIGHT AND CONTEXT ARTICLE 22. The farmer families willing to benefit from a range, highland and wintershed should reside within the boundaries of the related village or municipality for at least six months at the date of allocation. However, this is not applicable to settlers transferred by the State. The farmer families, that are not included in the allocation decision although they have land within the boundaries of the village or municipality can not make use of the ranges, highlands and wintersheds allocated to this village or municipality. The farmer families that move with the purpose of settling in another place lose their right to benefit. But this right could be given if they return for permanent residence with the approval of the commission. The provisions of this Law are valid for nomads utilising the ranges, highlands and wintersheds. The principles and conditions of utilisation by nomads are regulated by regulation. PREVENTION OF EXCESSIVE GRAZING ARTICLE 23. No more animals determined in the allocation decision of the commission could enter the ranges, highlands and wintersheds. However, in case of an increase in the grazing and housing capacity of the ranges, highlands and wintersheds as a result of maintenance, protection and improvement, the number of animals to be grazed could be increased by directly the commission or upon the proposal of the villages or municipalities. UTILISATION RIGHTS OF NEW FAMILIES AND LATE SETTLERS ARTICLE 24. The ones settling within the boundaries of village or municipality for farming or residents in settlement areas with new families can have the right to benefit from the ranges, highlands and wintersheds considering the capacity of ranges, highlands and wintersheds at that time. 8 SALES OF EXCESSIVE PRODUCTS ARTICLE 25. Products from ranges, highlands and wintersheds that are more than necessary can be sold by the decision of the Range Management Unions. The revenues from such sales are collected in a different account in the municipal or village budget for improvement of range areas and can not be used for any other purpose. OBLIGATIONS OF THE BENEFICENT OF THE RANGES, HIGHLANDS AND WINTERSHEDS ARTICLE 26. The farmer families benefiting from the ranges, highlands and wintersheds are obliged to share the maintenance and improvement costs with the request of the commission in determined amounts and periods set by the Governor’s Office. The participation should either be monetary or in terms of labor, equipment , tools and management costs of these as well. The individuals who will benefit from ranges, highlands and wintersheds in accordance with grazing rights that are determined by the commission are obliged to pay a certain fee determined by the commission annually considering the economic status of the region, grazing capacity and period. On these areas, it is not permitted to graze animals more than the determined grazing right. The ones to do so have to pay three times of the fee for each animal. The income derived through this application is deposited to a different account in the municipal or village budget for improving and developing range areas. This money can not be used for any other purpose. In following and collecting the fines and fees determined by the commission, provisions of Law on Principles of Collecting Public Debts, No: 6183 are applicable. FAILURE TO REALISE OBLIGATIONS ARTICLE 27. The individuals who do not follow the principles mentioned in Article 26 and who fail to realise their obligations are exempted from utilising the ranges, highlands and wintersheds with the proposal of the field organisation and approval of the Governor’s Office for at least 7 at most 30 days temporarily. In case of the repetition of the act, the benefiting rights are abolished for one grazing period. The individuals who insist in grazing their herds on forbidden areas, damaging the ranges, highlands and wintersheds through plowing and constructing without a permit are subject to legal action in accordance with articles of Law No: 3031 on Preventing Disclosures to Immovable Possessions and Law No: 513 of the Turkish Criminal Code. The individuals who are responsible and appointed to enforce this Law such as the headmen or mayors failing to inform the committers of crimes mentioned in Paragraph 1 and 2 are subject to general provisions. BENEFITING FROM FOREST AREAS 9 ARTICLE 28. The ranges, highlands and wintersheds in forest areas allocated to villages or municipalities can be utilised in accordance with this Law and Forest Law No: 6831 by following the provisions. The Ministry of Forestry undertakes to protect, maintain and improve the ranges, highlands and wintersheds and grazing lands within, next to or at upper border of the forest. CHANGE OF BORDER ARTICLE 29. The changes in the borders of villages, municipalities and other administrative units in accordance with their specific law do not affect the allocation decisions related with ranges, highlands and wintersheds. ESTABLISHMENT OF A FUND ARTICLE 30. Range Fund is established under the administration of the Ministry for realisation of the duties mentioned in this Law. The revenues of this Fund are collected in an account at the General Directorate of Agriculture Bank. These revenues are deposited to the expenditure account of the Range Fund until the 15th of month following the payment. The issues on management of the Fund are dealt with a regulation. a) The revenues of this Fund are; 1) At least 0.1 % from the Ministry Budget, 2) Fees from ranges, highlands and wintersheds leased for grazing purposes in accordance with provisions of the regulation, 3) 5 % of the CIF price of the exported live stock and 8 % of CIF price of animal products, 4) 0.1 % deducted from the seller from the purchasing cost of milk in milk processing facilities, 5) 0.1 % of the sales price deducted from the seller on neat and small animals grown and sold in Turkey, 6) Fees determined by the commission considering the income of 20 years from ranges subject to allocation purpose change from real and legal persons who apply for a change in allocation purpose, 7) Construction permit fees as determined by Governor’s Office in accordance with Article 20 with the purpose of highland tourism and the annual leasing prices of such places, 8) 3 % of the import price of the all imported alcoholic beverages, tobacco and tobacco products, 9) The amount transferred by the Ministry from the Environment Protection Fund not less than 1 %, 10) All kinds of donations and assistance. a) 1) 2) 3) 4) 5) 6) The expenditures of the Fund are; Investments and vital expenses, purchases of tools, equipment and materials, Expenses related with improvement, maintenance of ranges, highlands and wintersheds, Project costs of developing fodder crops seedings, Training costs, Current costs, Other necessary costs of enforcement of this Law. The share mentioned in 1 (a) of the First Paragraph of this Law is calculated by the related institution during the preparation of its annual budget and allocated in transfer of its budget. 10 the allocation is transferred to the Range Fund account within a month following the initiation of the budget. All the revenues mentioned above are exempted from corporate tax. All the donations and assistance are exempted from inheritance and succession tax. REGULATION ARTICLE 31. The issues related with enforcement of this Law are arranged by the regulation prepared by the Ministry considering the opinions of related ministries and institutions. PART VI AMENDED AND ANNULLED PROVISIONS ARTICLE 32. Part (f) of Article 2 of Law on Duties and Organisation of the General Directorate of Rural Services dated 9.5.1985, No: 3202 is changed as follows; f) To prepare or have prepared the necessary projects and programs for the improvement, and development of infrastructural establishments in olive groves, mastich treelands, wild pistachio groves, carob bean groves, and chapparals, to enforce or have enforced the approved projects and programs. ARTICLE 33. Article 159 of the Municipal Law dated 3.4.1990, No: 1580 is changed as follows; ARTICLE 159. The utilisation, management and control of areas without an owner within the boundaries of a municipality in the form of promenade area, harvesting area, wood and swamp and places filled from seas, rivers and lakes by the Municipality and abandoned areas of ruined castles and towers and their ruins are transferred to the municipalities with all rights, obligations and revenues. ARTICLE 34. Article 6 of the Village Law dated 18.3.1924, No: 442 is changed as follows; ARTICLE 6. Common watering areas for animals, rivers, coppice area between one or two villages can be used by other villages can be used by other villages although they belong to the village they are located in. If such common areas are not included in any village’s borders, than they become the joint possession of the using villages. This is written in border documents of all villages. Such places are protected and utilised jointly. ARTICLE 35. Article 11, Paragraph 4 of the Construction Law dated 31.5.1985, No: 3194 is changed as follows; The cadastral roads and areas within the prepared construction plans lose their properties with the approval of the construction plan and are subject to the new utilisation purpose imposed with the approved construction plan. ANNULLED PROVISIONS ARTICLE 36. 1) Article 10 of the Law on Supporting the Development of Forest Villagers dated 17.10.1983, No: 2924, 11 2) Article 15 of the Law on Arrangement of Land on Irrigation Areas dated 22.11.1984, No: 3083, 3) Part (d) of Article 8 and Part (c) of Article 10 of the Law on Duties and Establishment of the General Directorate of Agricultural Reform dated 20.2. 1985, No: 3155, 4) Part (d) of Article 9 of the Law on Duties and Organisation of the General Directorate of Rural Services dated 9.5.1985, No: 3202, 5) Articles 97,98,99,100,101,102 and 105 of Land Law dated 7 Ramadan 1274. PART VII PROVISIONAL AND FINAL PROVISIONS PROVISIONAL ARTICLE 1. The cases related to ranges, highlands and wintersheds in courts prior to enforcement of this Law do continue. Commissions wait for the finalisation of such cases. ENFORCEMENT ARTICLE 37. This Law is enforced on the date of publication. EXECUTION ARTICLE 38. The provisions of this Law are executed by the Council of Ministers. 12