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ENERGY LAW
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The Draft
The introduction of the Draft states that the legal regime which
establishes the legal and corporate structure of the mining sector must be
distinct and genuine.
Summary information regarding the significant points of the Draft is
given below:
Article 1
Article 1 introduces new definitions. The most significant definition is
the one regarding the new “Council” to be established.
Article 1 defines the tasks of the “Council” as follows:
•
determining the areas where mining activities would be limited, and
•
determining the priority and significance of the intersecting mining
activities and other investments from the point view of public
interest.
Article 2
Pursuant to Article 2, the Council is composed of five members,
namely; the Undersecretary of the Prime Ministry as the president, the
Undersecretary of the Energy and Natural Resources Ministry, the
Undersecretary of the State Planning Organization, the Undersecretary of
the Ministry related to the institution which approved the investment, and
the General Manager of the Mining Activities Directorate. In addition, if
required by the Council, the investor or the permit holder may also attend
the meetings.
The most important issue here is that the Council’s decisions are to be
considered as
public interest issues
.
Article 2 is the main pillar of the Draft and stipulates important issues
regarding the permits.
It is stipulated that only mining activities which have environmental
effects that can be eliminated through relevant precautions, should be
permitted. The Council, by taking into consideration the provisions of the
Mining Law, may introduce limitations on the areas to be licensed, as long
as already acquired rights are reserved.