A new regulation issued by the Agriculture and Forestry Ministry, published in the Official Gazette today, allowing greater leeway for mining activities in forested areas.
Under the updated rules amending the "Regulation on the Implementation of Article 16 of the Forest Law," the ministry will grant mining exploration and operation permits based on license and royalty durations. These permissions will be issued to applicants deemed eligible by the ministry.
Previously, companies were required to rehabilitate the land and return it to the forest authority before applying for new permits. The revised regulation removes this requirement if companies obtain a document showing that mineral reserves in the area have not been depleted. This means mining firms may continue operations in forested zones for extended periods without restoring the land, simply by claiming there are still extractable resources.
'Licenses become superior to all other permits'
Commenting on the new regulation, lawyer Mehmet Horuş described the change as a continuation of pro-corporate policies that have accelerated with a recent omnibus law, which included an amendment to the Mining Law facilitating mining operations in agricultural fields and olive groves.
“Legal regulations that accelerate processes for capital and remove public oversight are being introduced one after another,” he told bianet. “The amendment published in today’s Official Gazette is a clear continuation of the policies made evident by the omnibus law."
Horuş argued that mining licenses have effectively become superior to all other permits to function as a “guarantee certificate” for ongoing activity. “We are now witnessing a concrete example of how the Environmental Impact Assessment (EIA) process can be bypassed, as allowed under the omnibus law."
He added that the regulation makes no mention of requirements such as rehabilitation, closure procedures, new permitting stages, extensions, or environmental review. “A simple document from the General Directorate of Mining and Petroleum Affairs (MAPEG) stating that reserves remain and operations are ongoing is now considered sufficient.”
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Provisions of the new regulation
For open-pit mining of materials such as sand, gravel, and rock, categorized as group I, II-a, II-b, and II-c under the Mining Law, if the combined area of current and requested permits exceeds 10 hectares within a licensed zone, new permits will only be granted after the previously used areas have been rehabilitated and returned. The new permits will match the size and conditions of the rehabilitated land.
For some types of salt, gas, and minerals in groups III and IV, a similar rule applies if the total area of current and requested rehabilitation zones exceeds 150 hectares, excluding public institutions. Again, permits for new operations will be issued only after equivalent areas have been rehabilitated and handed back.
However, if companies provide a letter from MAPEG confirming that reserves are not yet depleted and mining is ongoing, they will be exempt from the land return requirement. (TY/VK)
