The Regulation Amending the Mining Regulation (“Amending Regulation“) was published in the Official Gazette dated 30 October 2025 and numbered 33062, and entered into force.
Our detailed analysis of the key amendments to the Mining Law is available at this link. Below, we highlight the most notable changes introduced by the Mining Regulation.
A More Flexible Licensing Framework
The Amending Regulation reshapes how mining areas are allocated. Group I, Group II(a) and (c), Group III and Group V areas will now be subject to tender, while Group II(b) and Group IV areas follow a first-come-first-served approach. However, the General Directorate of Mining and Petroleum Affairs (“MAPEG“) retains discretion to require a tender for Group II(b) and Group IV areas where circumstances warrant. The determination of whether an area proceeds via first application or tender is made by the Minister, acting on MAPEG’s recommendation.
New Investment Guarantee Requirements
Applicants seeking an exploration license shall now provide: (i) a first application undertaking with supporting documents, (ii) a definitive, open-ended letter of guarantee—or proof of equivalent security—meeting MAPEG’s annually published minimum thresholds by mining group, and (iii) a shareholding confirmation document disclosing shareholding details.
Navigating Restricted Areas Under Article 7
Previously, applicants had one year post-payment to secure permits for areas falling under Article 7(2) of the Mining Law. The revised framework adopts a differentiated approach: if the area lies outside Article 7(2) restrictions and qualifies for first application, an exploration license issues once documentation is complete. Where Article 7(2) areas exist, permit processes under Articles 7(3)-(4) commence in parallel—licensed portions proceed, while unpermitted sections are carved out. The same logic applies to tender routes, with unsuccessful permit portions triggering tender cancellation and refund.
Guarantee Forfeiture Mechanisms for Non-Compliance
The previous regime of administrative fines for missed milestones has been replaced. Under the new regime, failure to meet reporting or minimum activity requirements during preliminary, general, or detailed exploration phases can result in forfeiture of the investment guarantee and license cancellation. Even where minimum activity thresholds are met, incomplete execution of declared project activities triggers proportional guarantee forfeiture.
Enhanced Drilling Documentation and Digital Reporting
License holders shall preserve and photograph drilling cores and locations, with all progress data entered into the e-Mining system. Two consecutive years of investment program performance below 50% will result in guarantee forfeiture and license cancellation. If exploration confirms no viable reserves, applicants may recover exploration costs, tender fees, or their guarantee.
Stricter Reserve Reporting Standards
When submitting an operation project during the exploration phase, a general resource/reserve statement is no longer sufficient. The regulation now mandates a fully dimensioned reserve report specifying three-dimensional boundaries and quantities.
Introduction of Rehabilitation Fees
With the update, it has been stipulated that a “rehabilitation fee” shall be collected within the scope of operation license applications, and if the technical deficiencies in the project are not completed, the application will be rejected and this fee will also be refunded.
Mandatory ISO 45001 Certification
Within six months of receiving an operation permit, license holders shall obtain ISO 45001 Occupational Health and Safety Management System certification.
Stacking Licenses: New Rules for Overlapping Rights
The regulation already permitted different group licenses to overlap. Now, sub-paragraph licenses within Group IV may also be stacked. Subsequent license holders are required to deliver extracted minerals to the original license holder without charge.
License Extensions: Production Thresholds Apply
While core license terms remain intact, extensions now require proof that at least 15% of projected total production has been achieved—unless the license belongs to a public entity. License holders may aggregate production across all their operation-permitted licenses for the same mineral to meet this threshold. Force majeure, unforeseen circumstances, and temporary closures will be factored into the assessment.
Revised Fee Allocation
The environmental compliance guarantee component has been eliminated from operation license fees. The resulting savings are redistributed: 30% now flows to MAPEG’s budget, with the remaining 70% directed to the general budget.
Higher State Royalty Floor
The Amendment Regulation has revised the lower threshold for the annual state royalty payable in respect of mining licences holding an operation permit, increasing it to an amount exceeding the operation licence fee by fifty per cent.
Streamlined Permit Applications
For non-forest restricted areas, MAPEG now handles permit applications directly. If the relevant authority fails to respond within three months, a one-month extension is granted. Silence or approval thereafter triggers license issuance. Authorities that have granted—or are deemed to have granted—permits cannot subsequently issue negative Environmental Impact Assessment (“EIA“) opinions. Where permits are denied, the application fails but all fees except the base operation license fee are refunded.
Forest Permits and EIA Integration
Mining in state forests shall require pre-license approval from the Ministry of Agriculture and Forestry, requested via e-Government with coordinate data under Law No. 6831.
For exploration, operations, and essential infrastructure in state forests, a 24-month free permit shall be issued within three months. The undertaking is filed with the General Directorate of Forestry, and MAPEG may request a 12-month extension.
A negative opinion from the Ministry within the statutory period blocks license issuance, with all fees except the base operation license fee refunded.
Notably, forestry permits are now structured to satisfy EIA requirements, effectively serving as favorable EIA opinions.
Restrictions on Multiple Royalty Agreements
With limited exceptions for Group IV(c) licenses and those held by public entities or their subsidiaries, license holders may no longer enter into multiple royalty (in Turkish rödövans) agreements within a single license area.
Fast-Track to Operation for Discovery Right Holders
Where areas with established discovery rights under Articles 15 and 47 of the Mining Law go to tender, the winning bidder may request direct issuance of an operation license for the discovered mineral—bypassing standard exploration obligations.
Cultural Heritage Discoveries: Proceed with Caution
If cultural assets are discovered within a license area, mining activities halt pending approval from the Ministry of Culture and Tourism. During suspension, no license or rehabilitation fees accrue. Should approval be withheld, the Ministry shall compensate the license holder for investment costs as calculated by MAPEG, after which the affected area is either excised or the license cancelled.
MAPEG’s New Role in Forest Permit Transfers
New Article 114/A empowers MAPEG to transfer forestry permits to private parties under the Mining Law. Before any transfer, MAPEG may commission non-invasive exploration to assess the area’s potential.
Key Takeaways
The Amending Regulation strikes a careful balance: greater procedural flexibility through Ministerial discretion, but heightened accountability via guarantee-based enforcement and mandatory e-Mining reporting. Financial obligations have increased—particularly rehabilitation fees and state royalty floors—while forest and EIA permits are now integrated into the pre-licensing phase. The result is a modernized framework designed to enhance regulatory compliance and operational accountability.
The full text of the Amending Regulation is available here.
