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Article 2 provides that (i) the sensitive zones, such as environmentally
protected areas, wildlife protection areas, protected forests, areas protected
pursuant to coastal legislation, military zones, etc., within the prospective
mining area, should be determined, (ii) these sensitive zones should be
registered in the computer system of Mining Activities General Directorate,
(iii) the license owners should obtain permits relating to these sensitive
areas from the relevant authorities. Pursuant to the provision in question,
providing the necessary permits relating to sensitive areas would be a
condition precedent for obtaining the mine detection permits.
Article 2 envisages a provision parallel to the Forests Law Article 16
designating the Forests Administration as the competent body for granting
permits regarding mine detecting and operation activities and infrastructure
facilities and other facilities that are compulsory for such mining activities
within the forests and arbor zones.
Moreover, Article 2 states that the permits should only be granted in
wildlife zones if the principles determined in the relevant environmental
impact assessment report are met.
The licenses for starting a business place and work permits relating to
mining activities and facilities on mining sites should be granted by the
relevant Provincial Administration pursuant to Article 2.
If mining activities and activities for investments with a public interest
such as highways, railroads, airports, ports, dams, energy facilities, pipelines
of petrol, natural gas and geothermal energy, intersect with or impede each
other, and if mining activities could not be continued for this reason and
moreover if there is no other alternative, then the Council will decide on the
activity and/or investment to be carried out in that specific area.
Article 3
Draft Article 3 raises the auditing and recording responsibilities of
the technical supervisors during the realization of the mining activity. The
mentioned Article also delegates the above mentioned responsibilities
between license holders and supervisors.
Article 5
Pursuant to Article 5 of the Draft, if the area specified in the
production permit during the detecting permit stage changes after the