Environmental Obligations And Regulatory Compliance In Mining Activities

A. INTRODUCTION

Mining is a sector of strategic importance to the Turkish economy; however, it is also one of the fields of activity capable of generating significant environmental impacts. Mineral exploration and mining operations may lead to changes in land use, impacts on biodiversity, water and air pollution, waste generation, and increased pressure on natural resources. For this reason, mining activities under Turkish law are regulated not only through licensing procedures but are also subject to comprehensive environmental obligations.

Today, in order for mining projects to be carried out in compliance with the law, investors must take into account not only the obligations arising under Mining Law No. 3213 but also the permitting, inspection, and rehabilitation obligations imposed by environmental legislation.

In this context, environmental compliance should be monitored dynamically not only during the completion of permit application procedures but throughout all stages of exploration, operation, capacity expansion, temporary suspension, closure, and post-closure monitoring processes.

B. FUNDAMENTAL LEGISLATION GOVERNING MINING ACTIVITIES

The principal legislation governing the environmental aspects of mining activities in Türkiye includes the following:

• Mining Law No. 3213,
• Environmental Law No. 2872,
• Environmental Impact Assessment (EIA) Regulation,
• Regulation on Rehabilitation of Mining Sites,
• Environmental Permit and License Regulation,
• Waste Management Regulation,
• Mining Waste Regulation,
• Water Pollution Control Regulation,
• Air Quality Assessment and Management Regulation,
• Forest Law, Pasture Law, and related land-use legislation,
• Regulation on the Control of Soil Pollution and Contaminated Sites Caused by Point Sources,
• Environmental Inspection Regulation,
• Occupational Health and Safety legislation and secondary regulations concerning the management of hazardous chemicals.

In addition to the foregoing, special legislative provisions concerning protected areas, wetlands, cultural and natural assets, or forest lands may also apply depending on the nature and location of the activity.

Furthermore, where the mining site is located within a forest area, pastureland, agricultural land, protected site area, or special environmental protection zone, the relevant permits issued by the competent authorities must be planned and coordinated in a manner consistent with the EIA and mining licensing processes. Any lack of synchronization in the timing of these permits may delay the actual commencement of the project or the continuation of mining operations.

C. ENVIRONMENTAL IMPACT ASSESSMENT (EIA) OBLIGATION

For mining projects, the Environmental Impact Assessment (EIA) process constitutes the cornerstone of environmental compliance obligations.

Pursuant to Environmental Law No. 2872 and the EIA Regulation, mining projects of a certain scale and nature are required to undergo a prior assessment of their environmental impacts. Depending on the characteristics of the project, investors are required to obtain either an “EIA Positive” decision or a “EIA Not Required” decision.

In determining the scope of the EIA obligation for mining projects, consideration is given not only to production capacity but also to factors such as the size of the mining site, the existence of crushing-screening or beneficiation facilities, the nature of overburden and waste storage areas, water usage requirements, transportation routes, and the proximity of the project area to environmentally sensitive regions.

During the EIA process, particular attention is paid to the following matters:

• The environmental impacts of the project,
• Potential impacts on water resources,
• Air emissions and dust generation,
• Noise and vibration impacts,
• Waste generation and disposal methods,
• Impacts on flora and fauna,
• Land use and landscape alterations.

Failure to complete the EIA process or to obtain the required decisions may result in the suspension of activities and the imposition of administrative sanctions.

Furthermore, where, following the issuance of an EIA decision, changes are made to the project involving capacity increases, expansion of the project area, modifications to the technology employed, or alterations to waste storage methods, such changes may need to be reassessed under the EIA framework. Accordingly, it is important for investors to review any proposed project modifications against the scope of the existing EIA decision before implementation.

With the enactment of Law No. 7554 in 2025, various amendments were introduced to EIA procedures. In particular, statutory time limits were imposed on the periods within which relevant public authorities must provide their opinions, and in certain circumstances, the failure of such authorities to submit an opinion within the prescribed period is deemed to constitute a favorable opinion. While these amendments are intended to expedite permitting processes, they have also given rise to various legal debates concerning the effectiveness of environmental assessments.

These amendments have further increased the importance of permit coordination, particularly in mining investments. Since the opinions of relevant authorities must now be provided within specified timeframes, and the absence of a timely response may in certain cases be treated as a favorable opinion, it has become even more critical to ensure that application files are prepared comprehensively and that all correspondence with public authorities is carefully monitored.

D. ENVIRONMENTAL PERMIT AND ENVIRONMENTAL LICENSE OBLIGATIONS

Completion of the EIA process alone is not sufficient for the conduct of mining activities. Depending on the nature of the operation, businesses may also be required to obtain an environmental permit and/or an environmental license.

Under the Environmental Permit and License Regulation, additional permitting procedures are envisaged particularly with respect to:

• Air emissions,
• Wastewater discharges,
• Noise control,
• Waste recovery and disposal activities.

Failure to obtain the required permits may result in the suspension of operations and the imposition of administrative fines.

As environmental permits and licenses are generally valid for specified periods, operators must monitor not only the initial application process but also the renewal schedule of such authorizations. In practice, amendments to permit/license documents may be required where there are changes in the capacity of the operation, production processes, fuel type, emission sources, or operator information relating to the permitted activity.

Accordingly, companies are advised to treat environmental permits not as a “one-time authorization” but rather as part of an ongoing compliance process involving periodic monitoring, reporting, and renewal obligations.

E. WASTE MANAGEMENT AND MINING WASTE

During mining operations, overburden materials, beneficiation waste, and other process-related wastes constitute some of the principal sources of environmental risk.

Pursuant to the Waste Management Regulation and the Mining Waste Regulation, operators are required to:

• Classify waste,
• Prepare waste management plans,
• Establish secure storage facilities,
• Conduct regular environmental monitoring,
• Prepare risk management plans.

Particularly in light of the waste storage facility accidents that have occurred in recent years, it has become evident that the effective management of mining waste is not only an environmental necessity but also a legal and financial imperative.

With respect to mining waste, particular importance is attached in practice to waste characterization, the classification of disposal facilities, impermeability measures, leachate management, emergency response plans, and post-closure monitoring obligations. Waste management plans should not be treated merely as documents prepared to satisfy regulatory requirements; rather, they should be maintained as living documents that are regularly updated to reflect and remain consistent with actual on-site operations and practices.

F. OBLIGATIONS RELATING TO THE PROTECTION OF WATER RESOURCES

Mining activities may have significant impacts on both groundwater and surface water resources. Accordingly, under the Water Pollution Control Regulation, operators are required to implement measures aimed at the protection of water resources.

Within this framework, operators are obligated to:

• Treat wastewater appropriately,
• Prevent groundwater contamination,
• Regularly monitor water quality,
• Establish preventive systems against potential leakages and contamination.

In the event of pollution of water resources, both administrative sanctions and liability for damages may arise.

Accordingly, drainage systems, sedimentation ponds, leachate collection systems, and regular monitoring and analysis programs should be treated as integral components of project design in mining sites. In particular, where the groundwater table is high or the project area is located in proximity to drinking water or potable water catchment areas, additional protective measures and approvals or opinions from the relevant authorities may be required.

G. PROTECTION OF AIR QUALITY

Mining activities such as blasting, excavation, crushing-screening, and transportation operations may give rise to significant amounts of dust and emissions.

Within the framework of the Air Quality Assessment and Management Regulation, operators are required to:

• Establish dust control systems,
• Conduct emission measurements,
• Carry out environmental monitoring activities,
• Prevent exceedances of applicable limit values.

These obligations are important not only for the protection of the environment but also for the safeguarding of occupational health and safety.

With regard to the management of dust emissions, measures such as water spraying, enclosed conveyor systems, speed restrictions, the control of stockpile areas, and the preparation of blasting plans in a manner that minimizes environmental impacts are of particular importance. Furthermore, conducting emission and ambient air quality measurements at the intervals prescribed by applicable legislation constitutes a critical compliance tool for the early detection of any exceedance of regulatory limit values.

H. REHABILITATION AND POST-CLOSURE ENVIRONMENTAL RESPONSIBILITY

When mining activities come to an end, the environmental obligations of the operator do not cease entirely.

Pursuant to the Regulation on Rehabilitation of Mining Sites, operators are required, following the cessation of activities, to:

• Render the site safe,
• Reduce the risk of erosion,
• Ensure that the land is restored to a condition suitable for future use,
• Carry out revegetation and landscaping works.

The purpose of these obligations is to ensure, to the greatest extent possible, the restoration of the natural environment that has been disturbed as a result of mining activities.

In practice, the rehabilitation obligation should not be regarded solely as a closure obligation arising after the termination of operations. The implementation of progressive rehabilitation during the operational phase, the anticipation and planning of closure costs, and the preparation of a post-closure monitoring plan in advance can significantly reduce both environmental risks and financial liabilities.

I. CONSEQUENCES OF ENVIRONMENTAL NON-COMPLIANCE

In the event of non-compliance with environmental legislation, operators may be subject to various sanctions.

These may include:

• Administrative fines,
• Revocation of environmental permits,
• Temporary or permanent suspension of operations,
• Recovery of rehabilitation costs from the operator,
• Civil liability for damages,
• Criminal liability in certain circumstances.

Accordingly, the establishment of environmental compliance programs and the regular monitoring of environmental risks have become important elements of corporate governance for mining companies.

The consequences of environmental non-compliance for companies may extend beyond the imposition of administrative fines. In particular, suspension orders, delays in permit renewal processes, breaches of environmental undertakings contained in financing agreements, and the loss of confidence among investors may give rise to significant commercial consequences for mining projects.

J. ENVIRONMENTAL COMPLIANCE PROGRAMME AND THE SUSTAINABILITY PERSPECTIVE

In order to ensure effective environmental compliance, it would be beneficial for mining companies to establish a written environmental compliance programme incorporating an inventory of permits, responsible departments, renewal dates, monitoring and reporting schedules, and audit findings.

Supporting such a programme through regular internal audits would facilitate the monitoring of EIA commitments, environmental permit and license requirements, waste management plans, water and air monitoring results, and rehabilitation plans under a unified compliance framework and timetable.

In recent years, environmental, social, and governance (ESG) criteria have gained increasing importance among financial institutions and investors. Accordingly, compliance with environmental obligations should also be considered from the perspectives of sustainability reporting, supply chain relationships, and project financing.

From a sustainability standpoint, environmental compliance should no longer be viewed merely as a legal obligation aimed at avoiding sanctions. Rather, it should be regarded as a strategic management tool that contributes to the long-term viability of mining projects, facilitates access to financing, strengthens stakeholder confidence, and enhances corporate reputation. In this respect, the integration of environmental compliance mechanisms into corporate governance structures has become an increasingly important component of responsible mining practices.

K. CONCLUSION

In Türkiye, mining activities are subject to a multi-layered legal regime that requires the concurrent application of the Mining Law and environmental legislation. The completion of EIA procedures, the obtaining of environmental permits, compliance with waste management obligations, the protection of water and air resources, and the implementation of rehabilitation measures constitute the fundamental pillars of regulatory compliance.

Particularly in an era characterized by increased environmental oversight and growing sustainability expectations, compliance with environmental obligations is not merely a legal requirement but also a matter of critical importance for investment security and corporate reputation. Successful mining projects will be those capable of establishing a sustainable balance between economic efficiency and environmental protection.

Accordingly, an effective compliance approach in mining projects should be based on the timely acquisition of licenses and permits, the fulfillment of monitoring and reporting obligations throughout the operational life of the project, the prior legal assessment of any project modifications, and the early planning of closure and rehabilitation processes.

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.