REPUBLIC OF TURKEY REPUBLIC OF TURKEY MINISTRY OF FORESTRY AND - - PowerPoint PPT Presentation

REPUBLIC OF TURKEY REPUBLIC OF TURKEY MINISTRY OF FORESTRY AND WATER AFFAIRS GENERAL DIRECTORATE OF WATER MANAGEMENT WATER QUALITY MANAGEMENT DEPARTMENT

Burhan Fuat ÇANKAYA Burhan Fuat ÇANKAYA Director of Surface Water Quality Director of Surface Water Quality Director of Surface Water Quality Director of Surface Water Quality (Forestry and Water Expert) (Forestry and Water Expert) E-

• mail : bfcankaya@ormansu.gov.tr

mail : bfcankaya@ormansu.gov.tr Tel : +90(312)2076613 Tel : +90(312)2076613 Fax : +90(312)2076446 Fax : +90(312)2076446 Fax : +90(312)2076446 Fax : +90(312)2076446

KEY ISSUES IN KEY ISSUES IN WATER WATER SECTOR SECTOR

Statistical, Economic and Social Research and Training Centre for Islamic Countries Higher Council for Environment and Natural Resources “Water Resources Management” 23rd-24th November, 2011 Khartoum Sudan Khartoum,Sudan

Separation of Powers Separation of Powers Separation of Powers Separation of Powers

Legislation

Legislation

Judiciary

Judiciary

Judiciary

Judiciary

Executive

Executive

• Are powers always separated in a

Are powers always separated in a

• Are powers always separated in a

Are powers always separated in a democracy? democracy?

• How to characterize GOVERNANCE:

How to characterize GOVERNANCE:

• Legislation plus execution???

Legislation plus execution??? Legislation plus execution??? Legislation plus execution???

Governance

Governance can be defined as the process of taking care of public interests (of general application) through leading, ruling, planning, controlling and correcting the organizational resources.

Elements/instruments of Governance Elements/instruments of Governance Elements/instruments of Governance Elements/instruments of Governance

Policy development

Policy development

Formal legislation

Formal legislation g

Secondary legislation

Secondary legislation

Decentralized regulation

Decentralized regulation

Decentralized regulation

Decentralized regulation

Planning

Planning

Decision making

Decision making

Control: monitoring, policing, sanctioning,

Control: monitoring, policing, sanctioning, enforcement enforcement

Policy and Strategy Policy and Strategy Policy and Strategy Policy and Strategy

Policy Policy is a is a comprehensive comprehensive Strategy Strategy is the is the subsequent subsequent p formulation of : formulation of :

Principles

Principles subsequent subsequent comprehensive set of comprehensive set of measures often including measures often including

Principles

Principles

Objectives

Objectives measures often including measures often including scenarios for problem scenarios for problem

Targets

Targets

Aims

Aims resolution resolution. .

Formal (general) legislation is the Formal (general) legislation is the binding arrangement of human binding arrangement of human binding arrangement of human binding arrangement of human behavior aiming at general behavior aiming at general application with repeatable use application with repeatable use following formal constitutional following formal constitutional following formal constitutional following formal constitutional requirements (procedures) requirements (procedures). .

Secondary legislation aims at the legal Secondary legislation aims at the legal y g g y g g implementation of formal legislation implementation of formal legislation (procedures are less formal) (procedures are less formal). (p ) (p )

Formal requirements Formal requirements Formal requirements Formal requirements

G l li ti G l li ti

General application

General application

For repeatable use

For repeatable use

Binding

Binding

Direct binding to the public

Direct binding to the public

Indirect binding as instruction to the Government

Indirect binding as instruction to the Government

Formal initiative (cabinet, parliament, both)

Formal initiative (cabinet, parliament, both)

Obligatory advise

Obligatory advise

Promulgation

Promulgation g

Not conflicting higher legal arrangement

Not conflicting higher legal arrangement (constitution, treaty, international agreement) (constitution, treaty, international agreement) ( , y, g ) ( , y, g )

Comparison (rough) legislation and Comparison (rough) legislation and regulation regulation

Legislation:

Legislation:

Formal procedure

Formal procedure

Regulation

Regulation

• Less formal procedure

Less formal procedure

Parliamentary control

Parliamentary control

Central level

Central level

• Multi

Multi-

• tiered or

tiered or decentralized decentralized

Guidance character

Guidance character

• Dealing with

Dealing with t i t i

• Implementation or

Implementation or

• perational character
• perational character

P bli ti P bli ti

competencies competencies

• Establishing rights and

Establishing rights and duties duties

• Publication

Publication

Promulgation

Promulgation

Pl i Pl i i ti d t t d i ti d t t d Planning Planning is a continuous and structured is a continuous and structured process process, which involves making , which involves making decisions decisions

• r choices about alternative ways of using
• r choices about alternative ways of using

available (water) available (water) resources resources with the aim of with the aim of available (water) available (water) resources resources with the aim of with the aim of achieving particular achieving particular goals goals at some time in at some time in the the future future (Cf Conyers and Hills 1994) (Cf Conyers and Hills 1994) the the future future (Cf. Conyers and Hills, 1994). (Cf. Conyers and Hills, 1994). Plan Plan (government) is a publicly accessible (government) is a publicly accessible Plan Plan (government) is a publicly accessible (government) is a publicly accessible

• utput
• utput of any planning activity or
• f any planning activity or process

process with with l t l i t l l t l i t l bi di bi di d ith d ith general external or internal general external or internal binding binding and with and with a a repeatable repeatable use for the use for the time time horizon given. horizon given.

Types of planning Types of planning Types of planning Types of planning

Strategic planning

Strategic planning

Informative

Informative

Operational planning

Operational planning

Legally binding

Legally binding

Informative

Informative

Indirect binding

Indirect binding

Legally binding

Legally binding

Direct binding

Direct binding

Long term

Long term

National

National

Short term

Short term

River basin

River basin at o a at o a

Top

Top-

• down

down

Integrated

Integrated e bas e bas

Bottom

Bottom-

• up

up

Sector

Sector

Integrated

Integrated

Sector

Sector

Process of decision making in organization Process of decision making in organization (theoretical) (theoretical)

Policy Strategy Mission Strategy Mission Plan Vision Decision making process Feed – back Monitoring Operations p

Other legal instruments Other legal instruments Other legal instruments Other legal instruments

Designation or zoning

Designation or zoning

Comprehensive standards

Comprehensive standards

Comprehensive standards

Comprehensive standards

System of rights or licenses

System of rights or licenses

System of taxes or charges

System of taxes or charges

Penalties and incentives

Penalties and incentives

Penalties and incentives

Penalties and incentives

Other enforcement instruments

Other enforcement instruments

Enforcement instruments Enforcement instruments Enforcement instruments Enforcement instruments

Ad i i t ti f ( d ) Ad i i t ti f ( d )

Administrative force (adm.)

Administrative force (adm.)

Penal sum, fine, penalty, damages (adm.)

Penal sum, fine, penalty, damages (adm.) , , p y, g ( ) , , p y, g ( )

License withdrawal or withholding (adm.)

License withdrawal or withholding (adm.)

Closure (adm and penal)

Closure (adm and penal)

Closure (adm. and penal)

Closure (adm. and penal)

Punitive actions (penal)

Punitive actions (penal)

Imprisonment

Imprisonment

Penalties

Penalties

Removal of advantage

Removal of advantage

Governance of water in the hydrologic cycle Governance of water in the hydrologic cycle Governance of water in the hydrologic cycle Governance of water in the hydrologic cycle

Legitimate water uses Legitimate water uses Legitimate water uses Legitimate water uses

Consumptive:

Consumptive:

Drinking

Drinking

Non

Non-

• consumptive:

consumptive:

• Power Generation

Power Generation

Other Domestic

Other Domestic

Livestock

Livestock

• Transport

Transport

• Recreation

Recreation

Irrigation

Irrigation

Industry

Industry

• Environment&Nature

Environment&Nature

• Fishery

Fishery

Aquaculture

Aquaculture

Governance (public) functions Governance (public) functions Governance (public) functions Governance (public) functions

C tit ti l f ti C tit ti l f ti

Constitutional function

Constitutional function

Formal legislation

Formal legislation P li d t t d l t P li d t t d l t

Policy and strategy development

Policy and strategy development

Creation of institutional arrangements

Creation of institutional arrangements

O

i ti l f ti O i ti l f ti

Organizational function

Organizational function

Strategic operational planning

Strategic operational planning Organizing implementation Organizing implementation

Organizing implementation

Organizing implementation

Operational function

Operational function

I l t ti I l t ti

Implementation

Implementation

Monitoring and enforcement

Monitoring and enforcement

Organizational governance arrangements Organizational governance arrangements Organizational governance arrangements Organizational governance arrangements

G l l i l ti b (i t ) ti l G l l i l ti b (i t ) ti l

General legislation by (inter)national

General legislation by (inter)national government, state, province, district, municipality government, state, province, district, municipality S ifi l ti d d i i t ti b S ifi l ti d d i i t ti b

Specific regulation and administration by

Specific regulation and administration by (international) river basin authority, sub (international) river basin authority, sub-

• basin or

basin or watershed organization watershed organization watershed organization watershed organization

Operational management by local government,

Operational management by local government, water users associations and NGOs and private water users associations and NGOs and private water users associations and NGOs and private water users associations and NGOs and private sector sector. .

Legal instruments Legal instruments Legal instruments Legal instruments

C tit ti l f ti ti t t C tit ti l f ti ti t t

Constitutional function: convention, treaty,

Constitutional function: convention, treaty, directive, formal law, regulation, policy, directive, formal law, regulation, policy, guidelines strategic plan guidelines strategic plan guidelines, strategic plan guidelines, strategic plan

Organizational function: specific regulation,

Organizational function: specific regulation, standards river basin plan taxes and charges standards river basin plan taxes and charges standards, river basin plan, taxes and charges standards, river basin plan, taxes and charges

Operational function: operational (control) plan,

Operational function: operational (control) plan, service contract by service contract by laws EIA permit systems laws EIA permit systems service contract, by service contract, by-laws, EIA, permit systems, laws, EIA, permit systems, individual decisions or decrees individual decisions or decrees

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