The rules and principles for effective searching, exploring, developing, producing and protecting the geothermal and natural mineral water resources; for becoming the beneficiary of such resources and for turning over such rights; for making economical use in compliance with the environment; and for their proper reclamation after use are set forth under Law No 5686 in Turkey.
Geothermal resources and natural mineral waters shall be under the governance and execution of the state and are not inclusive of land ownership rights. It is mandatory to obtain a license in order to carry out operations pertaining to the resource.
Rights regarding geothermal resources and natural mineral waters shall be granted to the citizens of the Republic of Turkey that are qualified for civil rights, to companies that have legal entities and that are established in accordance with the laws of the Republic of Turkey and that have a status that includes the matter of carrying out operations related to geothermal resources and natural mineral waters, to the state economic enterprises and institutions that have authority in this regard, their subsidiaries and affiliates along with other public institutions, establishments and administrations. Rights pertaining to geothermal resources and natural mineral waters shall be granted to a single real or legal entity.
Rights pertaining to geothermal resources and natural mineral waters shall descend by inheritance. Such rights shall be turned over to one of the inheritors that holds a letter of attorney containing the power of attorney from all of the inheritors, and that has the qualifications specified in paragraph two, or to a third party individual. In the event of the inheritors not reaching consent and upon one of the inheritors applying to the court, the court shall decide on the assignment of such right to the most qualified inheritor or if such verdict is also not possible, shall order the sale of the license. The court shall resolve this matter by simple reasoning. If no law suits are filed, licenses that do not transfer by inheritance shall be terminated within six months. The methods of turnover and transfer by inheritance shall be specified by regulation.
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