Mining Law No. 3213 ("Mining Law")
was amended with the Law Amending the Mining Law and Other Laws No.
6592, which was published in the Official Gazette on 18.02.2015
("Amendment Law"). The Amendment Law has
introduced significant changes, affecting a range of subjects the
Mining Law regulates, from licensing to fees. To list a few of the
modifications, mining licenses may now be transferred with the
approval of the Ministry of Energy and Natural Resources
("Ministry"). Royalty agreements
executed between license holders and third parties are also subject
to the Ministry's consent. Except for public entities, royalty
arrangements are prohibited for production of underground coal
mines. Current royalty agreements must be notified to the General
Directorate of Mining Affairs
("Directorate") within three months
following the entry into force of the amendments, or else relevant
mining activities would be put to halt. Term extension requests
made by license holders operating underground coal mines will not
be accepted unless their royalty agreements are terminated. With
the amendments, authorized legal entities will have the
responsibility to prepare necessary mining reports, projects, and
technical documents based on the licensing stage and provide them
to the Directorate. Instead of fixed amounts, a new mechanism is
put in place for annual license fees to adjust them based on group
of mines and size of the area concerned. Changes have also been
made to the amount of state royalty. Additional monetary fines are
introduced too, for example with regards to making false
statements, prevention of on-site audits, and production within the
same group without a production or operation license.
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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