High court annuls regulation opening olive groves to mining

In a landmark decision, the Council of State's 8th Chamber has annulled a controversial regulation that permitted mining activities in olive groves, a move that had sparked widespread criticism and legal challenges from environmental groups and citizens.

The regulation, introduced by the Ministry of Energy and Natural Resources on March 1, 2022, was challenged in court by a coalition of nine associations, seven cooperatives, and 11 citizens. The case concluded yesterday, with the court ruling against the amendment to Article 115, Paragraph 4 of the Mining Regulation.

According to the Nature Association, the court's decision stated, "The amendment, which allowed for the uprooting and relocation of olive trees, or direct commencement of mining activities when relocation was not feasible, followed by rehabilitation of the site post-mining, was found to be in violation of the Olive Law. The provision that permitted mining activities in olive groves with only the miner's commitment and the approval of the defendant ministry was deemed legally unsound."

The Nature Association expressed gratitude towards all individuals and institutions that supported the protection of olive groves throughout the process. They emphasized that the struggle to defend life and nature would continue.

REGULATION AMENDED

After olive groves, Turkey opens natural protected areas to construction

7 March 2022

The initial change to the Mining Regulation had opened up olive groves for energy-related mining activities, directly contravening the Olive Law. The regulation published in the Official Gazette allowed for mining operations and the construction of temporary facilities in olive fields, provided the mining entity committed to rehabilitating the site to its original state after the completion of mining activities.

This decision is particularly significant as it underscores the legal protection of olive groves, which are not only an environmental but also a cultural and economic cornerstone in Turkey. The ruling is expected to set a precedent for future cases involving environmental concerns and the interpretation of the Olive Law. (TY/VK)