I prepared this article because i thought it is necessary to known “Rules in Archaeological Protected Areas in Turkey” by history enthusiasts.
The rules in the archaeological protected areas in Turkey are regulated by Law on the Conservation of Cultural and Natural Property. This Law imposes some obligations (for example Obligation to notify) on archaeological protected areas.
According to Article 4 of this Law “Persons that discover movable and immovable cultural and natural property, owners, proprietors or occupants that know or have recently found out about the existence of cultural and natural property on the land they own or use shall be obliged to notify the nearest museum directorship or the village headman or the local administrators of other places within at the latest three days.”
According to Article 9 of the Act entitled “Prohibition of unauthorized intervention and use“, “immovable cultural and natural property to be protected and conservation sites shall not be interfered with physically or by any way of construction, and used for service or modified for use contrary to the decisions of the Regional Conservation Councils within the framework of the resolutions of the Superior Council for Conservation. Substantial repair, construction, installation, sounding, partial or complete demolition, incineration, excavation or similar works shall be regarded as physical intervention and intervention by way of construction.”
Provided that maintenance and repair done by the owners of immovable cultural and natural property is in compliance with the maintenance and repair orders and instructions of the Ministry of Culture and Tourism stipulated in this law, they shall exercise the rights and exemptions defined on their behalf in this law. The owners shall exercise all their rights of ownership and powers pertaining to the property as long as these do not contradict with the provisions of this law.
Users of cultural and natural property to be protected shall be obliged to maintain, repair and restore these in line with the principles defined in this Law and undertake the related expenses.
Unlicensed building on Archaeological Protected Areas is prohibited in Turkey. According to Article 16 of Law No. 2863, unlicensed construction on immovable cultural and natural property to be protected and on the related conservation site is prohibited. Unlicensed construction on the property and building in contradiction with the terms and conditions of the conservation plans and, for conservation sites, in conflict with the terms and conditions of the conservation site shall be duly processed according to the land development legislation.
The owners of immovable cultural and natural property shall be obliged to permit and facilitate the work of experts assigned by the Ministry of Culture and Tourism, when necessary, to inspect, examine, prepare the map, plan, and survey, photograph and copy of the property. However, officials shall perform their tasks without violating private property and life.
Taking abroad of movable cultural and natural property is also prohibited in Turkey. According to Article 32 of Law no. 2863, “Movable cultural and natural property to be protected in the country cannot be taken abroad. However, on the condition that foreign officials provide guarantee and insurance against the possibility of all kinds of damage, loss, threat, or violations, and in respect of national interests, the Council of Ministers shall make decision on a temporary exhibition abroad and the return of the property following the decision of the scientific council composed of the heads of archaeology and art history departments of higher education institutions and the proposal of the Ministry of Culture and Tourism. “