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Draft Law Amending the Mining Law
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Introduction
The mining sector supplies the basic materials for all the other sectors
of industry, and therefore it is a very significant sector for a country’s
economy. The mines supply the raw materials for many industrial products,
which provide foreign currency. Thus, the mining sector is the trigger for
economic development. Moreover, this sector also has a huge impact on the
development of infrastructure investments, modern technology, methods
of marketing, and finance.
On the other hand, mines are formed naturally over millions of years
in a limited quantity and cannot be reproduced by humanity. Therefore,
every country must detect, extract, and consume their mine reserves in an
economic manner and within a strategic plan.
In light of the above referred facts, the importance of mining legislation
under Turkish law is apparent.
Mining Law No. 3213 (hereinafter referred to as the “Mining Law”)
was amended by Law No. 5177, which came into effect on 05.06.2004.
Pursuant to the mentioned amendment, the permits required for mining
activities which would be carried out in licensed areas were regulated by
the Regulation Regarding the Permits for Mining Activities.
However, the Constitutional Court has annulled Articles 7/1, 7/8
and 10/6 of the Mining Law, stating that the relevant provisions must be
regulated directly by law, not by regulation. Moreover, the Constitutional
Court decided that stipulating these matters through a Regulation issued
by the Council of Ministers would be a violation of the Constitution.
Meanwhile, the State Council suspended the application of the above
referred Articles and the Regulation Regarding the Permits for Mining
Activities
The annulment and suspension decisions created a legal gap and
vagueness regarding the necessary permits for the mining activities.
Therefore, the Draft Law Amending the Mining Law (hereinafter referred
to as the “Draft”) has been prepared.
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Article of March 2010