Regulation On Rehabilitation Of Mining Sites In General Terms

The Regulation on Rehabilitation of Mining Sites (the "Regulation") was published in the Official Gazette dated 23 January and numbered 33146 and entered into force on the date of its publication. The Regulation constitutes a critical step toward managing the environmental impacts of mining activities carried out within the scope of Mining Law No. 3213 (the "Law") and standardizing the process of restoring areas whose topography has been degraded or altered to nature, in other words, their rehabilitation. Pursuant to Article 3 of the Regulation, it has been prepared on the basis of paragraph three of Article 13 and paragraph one of Additional Article 10 of the Mining Law.

Although the first comprehensive step in managing the environmental impacts of mining operations was taken with the "Regulation on the Reclamation of Lands Degraded by Mining Activities" published in 2010, that regulation was, over time, subject to criticism due to the inadequacy of financial mechanisms and the complexity of supervision processes.

The new Regulation does not repeal the 2010 Regulation; rather, it preserves its technical standards and builds a robust financial security system upon them.

I. Fundamental Principles of Rehabilitation

In general terms, rehabilitation in mining sites refers to the process of restoring ecosystem services, preserving biodiversity, and regaining soil productivity following the extraction of minerals. These restoration efforts, which constitute a cornerstone of the sustainable mining approach, aim to transform industrial heritage from an environmental burden into a productive ecological asset to be transferred to future generations.

The Regulation defines rehabilitation not merely as a post-activity clean-up process but as an integral part of the mining operation. Indeed, pursuant to Article 5 of the Regulation, rehabilitation activities shall commence simultaneously with the mining activity, continue throughout the operation, and be completed upon its termination. The rehabilitation of all sites with valid, abandoned, or cancelled licenses has been made mandatory. It is stipulated that no rehabilitation activity may be carried out on-site without the approval of the General Directorate of Mining and Petroleum Affairs (the "General Directorate"), and that in special environmental protection areas, the approval of the Ministry of Environment, Urbanization and Climate Change is required. Furthermore, such activities shall be inspected periodically by the General Directorate.

II. Financial Obligations and the Rehabilitation Fee

The most debated and strongest aspect of the new Regulation is the cash-based funding system referred to as the "Rehabilitation Fee." Under this system, mining license holders are now required to deposit rehabilitation costs to the State on a regular annual basis, rather than only upon exiting the site. As regulated under Article 13 of the Law and also stated in Article 6 of the Regulation, license holders are obliged to pay, each year, a rehabilitation fee equal to the operating license fee. This amount must be paid by the end of January each year. Fees not paid by the end of January and not settled with late payment interest by the end of June shall result in the cancellation of the license. The amounts deposited shall be evaluated in time deposit accounts opened at public banks. Such amounts and accrued interest may be used solely for rehabilitation activities and may not, under any circumstances, be seized, pledged, or assigned.

III. Refund and Set-Off

The Regulation introduces a refund mechanism that encourages mining operators to complete rehabilitation promptly. The primary condition for the refund of the rehabilitation fee is the complete extraction of the operable reserve and the rehabilitation of the site in accordance with the approved project.

Pursuant to Article 7/4, upon approval by the General Directorate, a different project may be implemented in consideration of public interest, except for areas classified as forest and agricultural lands. In such case, where a different project is implemented on the site in consideration of public interest, all authority and responsibility shall be transferred to the relevant institution, and no payment shall be made to the license holder. In addition, Article 7 of the Regulation leaves open a pathway for refund for operators who duly fulfill their obligations.

According to Article 7/5, those who fully comply with their rehabilitation obligations shall be entitled to a full refund of the amounts paid. If the obligation is partially fulfilled, a proportional refund shall be granted corresponding to the completed portion. Furthermore, in order to obtain a refund, the operator must not have any overdue tax debt within the scope of Article 22/A of Law No. 6183.

IV. Situation Specific to Group I (a) Minerals

Article 8 of the Regulation authorizes, with respect to Group I (a) minerals (sand and gravel naturally occurring in nature and used in construction and road building), the Investment Monitoring and Coordination Presidencies in metropolitan municipalities and the special provincial administrations in other provinces to prepare and implement rehabilitation projects and to carry out procedures concerning the accrual of interest, collection, and other transactions related to the fees. For minerals other than Group I (a), the authority lies with the General Directorate.

V. Transitional Provisions

Although the Regulation entered into force on the date of its publication, its provisions shall not apply to sites where rehabilitation had commenced prior to the publication date. However, it is stipulated that previously collected "environmental compliance fees" and guarantees shall be transferred to the account of the General Directorate and continue to accrue interest in accordance with this Regulation.

VI. Conclusion

The Regulation, which entered into force on 23 January 2026, symbolizes Türkiye's transition in its mining strategy from a resource-oriented approach to a life-cycle and sustainability-oriented approach. The advance funding system introduced aims to provide a permanent solution to the longstanding problem of abandoned and unreclaimed mining sites experienced in the past.

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.