İdarenin Faaliyetleri Nedeniyle Çevreye Verdiği Zararın “Kaza (Beklenmeyen Hal)” Üzerinden Değerlendirilmesi

Natural disasters are severe natural events such as earthquakes, floods, volcanic eruptions, avalanches, and storms that harm the environment and cannot be prevented by human intervention. It can be said that the occurrence of natural disasters is often unpredictable, unforeseen, and cannot be anticipated despite all technological and scientific advancements. On the other hand, there are also many human activities that, even if known, are preventable and cause harm to the environment. In these events, if there is no fault on the section of the administration, the concept of 'accident' comes into play.An accident is referred to by different names and is often called an unexpected situation, a coincidental situation, or an unforeseen circumstance. In terms of content, an accident is an extraordinary event arising from the administration's activities, which is unforeseen, could be prevented if known, but cannot be prevented because it is not known. This extraordinariness is not related to nature as in natural disasters but stems from the events in which the administration is involved, either in terms of its duties or activities.After all, the Administration has an obligation to protect the environment and remedy any damage caused. Indeed, Article 56 emphasizes that everyone has the right to live in a healthy and balanced environment. To uphold this right, the Administration has been entrusted with the duty to get better the environment, protect environmental health, and prevent environmental pollution. In carrying out this duty, the Administration must also consider the damage arising from its own activities and actions, and it should be held responsible even in cases where there is no fault on its piece.For an incident to be considered an accident for the Administration, it must be within the Administration or related to the Administration. In addition, the accident considered an accident must be unforeseeable and unavoidable. Within this scope, there must be no fault in the administration's activities, actions, and operations regarding the damage caused to the environment. Despite the absence of fault, the administration's strict liability regarding the compensation of the incident should be evaluated. This evaluation should be made by taking into account the possibility that the accident in question may "narrow" under the current conditions.