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Mining Law

Maden Hukuku

MINING LAW All kinds of substances other than petroleum, natural gas, geothermal and water resources, which are naturally found in the earth’s crust and water resources, have economic and commercial value. The right to make savings on natural assets and resources, ie mines, as provided in the Constitution, belongs to the state. Saving on mines, searching and operating them. The State may delegate this right to mines to natural and legal persons for a period of time. The search and operation of which natural wealth and resources shall be carried out in partnership with natural and legal persons of the State or directly by natural and legal persons shall be subject to the express permission of the law. In this case, the conditions to be complied with by real and legal persons, and the procedures, principles and sanctions to be performed by the State are determined by laws. Due to the unique technical and economic characteristics of the mining sector, special regulations have been introduced in this field. Mining law is a branch of law where public law and private law fuse. Generally, the Civil Law, Labor Law, Environmental Law, Forest Law, tax laws, foreign trade laws and the Mining Law regulated by the Mining Law which are specifically regulated in this field; It is also closely related to administrative law because the right to make savings on mines depends on the state permission and the majority of the inspections and inspections to be made in this field are made by the state. The importance of the mines, which will give their names to the ages throughout the history of humanity, continues to increase. The basis of science, industry and technology is the mining and processing of mines. Due to its importance, individuals and companies who are entitled to the extraction, operation and use of mines, gain a great economic power, have a say in the national and international markets and can direct the business life. mining in Turkey, most of the mineral resources in the direction of taking one of the few countries in the world geopolitical situation, the recent legislative innovations in the mining area and continue to increase the importance owned reasons such as the strengthening of support in this area. Mining laws related to a country’s policies regarding the mining sector, economic level of the country, technical development and so on. areas. The mining law, which contains the basic regulations of the mining law, has become its current form with the last amendments made on 21.03.2018 as a result of the changes it has undergone over time. With the last amendment, most concepts were abolished or changed, new concepts and subjects were added, and new regulations were made on issues such as permits, licenses, contracts, supervision, support and government receivables related to mining activities. According to the Mining Law, the ministry related to mining activities; T. C. Ministry of Energy and Natural Resources, General Directorate; T. C. Ministry of Energy and Natural Resources General Directorate of Mining Affairs. Together with this ministry and the directorate, T.C. Multiple ministries and directorates such as the Ministry of Environment and Urbanization, General Directorate of Forestry are authorized and responsible within their own fields. In general, mining is a more comprehensive, longer and more costly process that starts with exploration activities, continues with ore production-enrichment and ends with the closure and landscaping of the places of work, compared to other commercial activities. The right to be possessed in order to engage in mining activities is the mining right. The right to mine is the permits granted for the exploration, exploration and operation of the mines and the material opportunities granted to those who assist in the discovery of mineral deposits. Mineral rights, marital rights to competent Turkey citizens to use, mining established could do status in accordance with the written Republic of Turkey Law legal entity companies, state-owned enterprises and institutions, its subsidiaries and affiliates other public institutions, organization and administration, single natural or legal person on behalf of It is given. The exercise of this right starts with the application and licensing related to the requested area and continues with the operation of the mine. This process is mainly in the form of application, exploration license, pre-exploration period, general exploration period, detail exploration period and business license / certificate. These processes take place in different procedures and periods for each mining group. The realization of the mining operation is subject to strict conditions compared to other activities. The reason for this is the high level of danger in the mining operation, the fact that the operation activities are carried out on the state-dominated elements, not on private property, the economic returns are high along with the obligations, it contains unique technical information and technological elements and so on. The existence of a law specific to the mining field indicates that the activities in this field are unique compared to other commercial activities.