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ENERGY LAW
317
Surface and Water Rights
Pursuant to Article 10/1 of the Turkish Petroleum Law, the petroleum
right holder shall be able to obtain the utilization right to the field
required for petroleum transactions, in or in the vicinity of its exploration
and operation license, by agreement if the land is privately owned or
by expropriation if there is a dispute. Additionally, if the land is owned
by the Treasury, the relevant land may be obtained by leasing it for the
relevant sum, establishing an easement right or by obtaining a utilization
right and having the same registered in its license. If the utilization right
based on an agreement lasts for a period of more than three years, the
land-owner or petroleum right holder may request that the field under
private ownership be expropriated. The expropriation shall be made in
accordance with the Expropriation Law No. 2942. Urgent appropriation
may also be made in accordance with Article 27 of the Expropriation Law.
The ownership right of the expropriated land shall belong to the Treasury
and the utilization right shall belong to the petroleum right holder who
paid the expropriation fee. In this case, the Ministry of Finance shall grant
an easement right to the petroleum right holder free of charge for the
duration of the license period.
Pursuant to Article 10/5 of the Turkish Petroleum Law, it is possible
to conduct petroleum exploration and operation activities in license and
permit areas that are located in places that are deemed as forests as per the
Forest Law No. 6831; the conditions are that one must obtain permission
and pay the relevant fees pursuant to the relevant legislation. During the
preparatory period of the Turkish Petroleum Law, it was regulated that
national parks may be open to petroleum exploration activities; however,
this provision has been excluded from the Law.
Taxation
Pursuant to Article 12 of the Turkish Petroleum Law, the taxes that
petroleum right holders are liable to pay on their net profits and the income
tax, which they are liable to withhold on behalf of their shareholders, shall
not exceed fifty-five percent. This percentage was set forth as forty percent
during the preparatory period of the law and was subject to criticism since
it would cause tax loss. As a result of this criticism, the former percentage