The Regulation on Mining Waste
("Regulation") was published in Official
Gazette numbered 29417 on 15 July 2015. It introduces principles
for mining waste-management for exploration, extraction, enrichment
or mine storage activities. The principles support mining
waste-management which is friendly to humans and the environment.
The Regulation will enter into effect within 12 months of the
Gazette publication date (15 July 2015) and attracts particular
attention because it allows non-hazardous waste to be disposed at
sea in certain conditions.
The Regulation allows mining waste to be disposed at sea
provided that the conditions below are met.
The Regulation classifies mining waste into three categories:
hazardous, non-hazardous and inert waste. Processes and
requirements for disposing mining waste depend on its
Hazardous waste: cannot be disposed at
sea under any circumstances.
Non-hazardous or inert waste: can be
disposed solely into the oxygen-free layers of Black Sea, where no
traces of life are seen, provided that a suitable geographical,
topographical and geological zone is not available in the
terrestrial area within 30 km from the center where the mine is
If disposal into the Black Sea is planned, the Regulation
requires a scientific fieldwork report evaluating the effects of
waste disposal to the marine ecology. The report must be issued by
the faculty of marine sciences and must include results of detailed
fieldwork, including the waste's transportation and discharge
method, density calculations for the sea and waste, as well as the
sea's assimilative capacity. The report must be submitted to
the Ministry of Environment and Urban Planning for review.
The Regulation foresees a two phase approval process for
disposing mining wastes at sea.
Specialization Commission: assesses the
Assessing Authority: evaluates the
Specialization Commission's assessment and makes the final
decision regarding whether disposal at sea may proceed. The
Assessing Authority includes experts from various ministries.
Upon receiving the Assessing Authority's final decision, the
entity operating the relevant mine must apply to the Ministry to
obtain an environmental license.
The Regulation was prepared by the Ministry of Environment and
Urban Planning, in line with the Directive on Mining Waste numbered
2006/21/EC, which outlines general principles for mining
waste-management. Please see this link for the full text of the Regulation
(only available in Turkish).
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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