Legislative Amendments Concerning the Mining and Energy Sectors

The Law Amending Certain Laws No. 7554 (the “Amendment Law”) was published in the Official Gazette dated 24 July 2025 and numbered 32965, and entered into force as of its publication date.

The Amendment Law introduces various amendments to different pieces of legislation, with the key provisions relating to the mining and energy markets summarized below:

Amendments Regarding Environmental Impact Assessment (“EIA”) Procedures

• Under the Environmental Law No. 2872, the phrase “Environmental Impact Assessment Not Required” has been removed from the legislation. Accordingly, project approvals, permits, incentives, licenses, and tender processes may be initiated, but cannot be finalised unless a positive Environmental Impact Assessment Decision has been issued (“EIA Positive Decision”).
• According to the amendment made to the Mining Law No. 3213, applications for incentives, licenses, and permits may still be submitted without an EIA Positive Decision; however, such applications cannot be finalized unless and until the EIA Positive Decision is obtained. In addition, the time limit for relevant institutions to provide their opinions within the EIA process has been restricted to three months, with an extension period of no more than one month. If no opinion is submitted within these periods, it shall be deemed that a favourable opinion has been given.
• Authorities that have granted approvals during the EIA process may not subsequently issue conflicting or negative opinions.
• Additionally, mining activities may be permitted within 1,000 to 2,000-metre protection zones of drinking and utility water reservoirs under specific conditions, provided that public interest is established and critical or strategic minerals are involved.

Amendments to the Mining Law

o   License and Rehabilitation Fees

• The “Environmental Compliance Guarantee” has been abolished and replaced by a mandatory rehabilitation fee equal to the license fee.
• Rehabilitation fees shall be held in a separate account, used exclusively for rehabilitation activities, and shall be immune from seizure.
• The production activities of license holders who fail to fulfill their rehabilitation obligations may be suspended.

o   Licensing Procedures and New Definitions

• The method for calculating license fees has been revised; 70% of the revenues shall be allocated to the general budget, while 30% shall be transferred to the General Directorate.
• Activities may be restricted by the administration in cultural areas deemed unsuitable. In such cases, compensation shall be paid to the investor
• For the first time, the concepts of “critical” and “strategic” minerals have been introduced. These refer to minerals that pose supply risks and are vital to economic or national security. Strategic or critical status may lead to special procedures such as expedited expropriation and stockpiling orders by Presidential decree.

o   Exploration and Operation Periods

• A mandatory investment guarantee, amounting to 5% of the investment, has been introduced as a prerequisite for obtaining an exploration license. In addition, submission of a project and proof of financial adequacy will be required for license issuance.
• Exploration activities have been divided into three distinct phases: preliminary exploration (1 year), general exploration (1–2 years), and detailed exploration (4 years).
• Failure to submit activity reports in a timely manner may result in the cancellation of the license.

o   Tender Procedures

• For certain mineral groups, licensing shall be conducted through a tender process. In areas where no reserve data is available, direct licensing may be carried out in accordance with general provisions.

Mining Activities in Forests, Olive Groves, and Protected Areas

• This amendment overrides the general ban on mining activities in olive groves under the Olive Cultivation Law No. 3573, under strict conditions and based on a public interest justification.
• Permits for mining activities in forest areas shall be granted free of charge for a period of 24 months upon request by the General Directorate of Mining and Petroleum Affairs, and may be extended for an additional 12 months.
• Mining activities may be permitted in olive grove areas upon a public interest determination and with the approval of the Ministry of Energy.
• The relocation of olive trees shall be mandatory; if relocation is not feasible, a new olive cultivation area twice the size shall be established.
• An additional rehabilitation fee equal to the annual operation license fee shall be collected for each year.
• Project permitting processes in protected areas shall be concluded within 3 months; if no response is provided within this period, the permit shall be deemed granted.

Renewable Energy Investments

• The 85% discount applied to rental, easement, and permitting procedures for facilities based on renewable energy sources has been extended until the year 2030.
• In forest-designated immovable properties, permits for wind and solar energy facilities shall remain valid for the duration of the preliminary license.
• Ornithological monitoring has been made mandatory during the environmental assessment processes of such projects if the project area is located on bird migration routes.
• Zoning and construction permitting procedures may be carried out by the Ministry of Energy.

Furthermore, a “Production Facility Compliance Certificate” may be granted for licensed electricity generation plants built without a construction license before 31 December 2024, enabling legalisation and exempting them from administrative fines or demolition.

The full text of the Amendment Law is available at the following link. (Only available in Turkish)