Recent Changes in Mining, Renewable Energy and Electricity Legislation

Law No. 7554 on Amendments to Certain Laws, which introduces changes to many fundamental pieces of legislation applicable to the energy sector, was published in the Official Gazette dated 24 July 2025 and entered into force on the same date. These regulations include changes regarding the clarification of mining permit processes, the development of strategic mining policies, the facilitation of mining activities in olive grove areas, and the provision of incentives and facilities for renewable energy investments.

1. Amendments to Mining Law No. 3213

1.1. Mining activities in olive grove areas

Pursuant to the Provisional Article added to Mining Law No. 3213, in areas registered as olive groves or where olive trees are actually present, upon proof that the activity cannot be carried out elsewhere and with the permission of the Ministry of Energy and Natural Resources (the “Ministry“), and considering the public interest, olive trees in the area where mining activities will be carried out may be relocated (giving priority to the district and provincial boundaries where the mining sites are located), mining activities may be carried out on the site, and temporary facilities related to these activities may be constructed.

The person permitted to engage in mining activities is responsible for all expenses and costs arising from the relocation of olive trees. Where it is not possible to relocate the olive trees, the Ministry may only grant permission if a new olive grove is established by planting at least twice the total number of relocated and non-relocatable olive trees, primarily within the same provincial or district boundaries, in an area equivalent in size to the area where the activity will be carried out.

Furthermore, for each year that mining activities are carried out in olive groves, an additional collection equal to the operating licence fee will be made from the licence holder to ensure rehabilitation works of these sites, and these sites will be rehabilitated by planting the same number of olive trees as were present on the site before mining activities commenced.

1.2. Rehabilitation obligation in mining activities

The previously existing “environmental compliance guarantee” constituting 30% of the licence fee has been abolished. It is now mandatory to pay an amount equal to the operating licence fee as a rehabilitation fee for rehabilitation works aimed at improving areas deteriorated due to mining activities.

Rehabilitation fees collected under these regulations will be invested in term accounts, and these amounts will only be used for rehabilitation purposes and cannot be seized, pledged or assigned. Additionally, production activities may be suspended until the obligations determined by the General Directorate of Mining and Petroleum Affairs (the “GDMPA“) are fulfilled in order to ensure the rehabilitation of areas where mining activities are carried out.

1.3. Changes to licensing and permit processes

Opinion process in protected areas has been standardised

Under the changes made to the permit process for mining activities, the coordinates of wetlands, forests, tourism protection and development regions, tourism centres, archaeological sites and investment areas allocated for purposes other than mining and deemed appropriate by the GDMPA will be notified to the GDMPA by relevant institutions. Except for forests, before granting licences in these areas, the GDMPA will request permission from the relevant institution. If the institution does not respond within three months, an additional period of one month will be granted. If no opinion is communicated during the additional period, permission will be deemed granted.

However, if permission is not granted by the relevant institution for Group IV and strategic or critical mines, the final decision will be made by the “Board” within the framework of “superior public interest” upon application by the Ministry, taking into account criteria such as the reserve potential, location, type and contribution to the economy of the site. The Board will be comprised of relevant ministries under the chairmanship of the Vice President appointed by the President. If the Board decides in favour of mining activities, the relevant institution will send the permit decision to the GDMPA within one month and a licence will be issued.

It has also been clearly provided that mining activities will continue even if the relevant area becomes subject to permission requirements after the licence is issued.

Facilitation for operations in state-owned forests

For mining exploration and operation in state forests and related mandatory facilities, roads, energy, water, communication and infrastructure facilities, free land usage permits will be granted for 24 months within three months upon the GDMPA’s request, and this period may be extended by up to twelve months. In case the free permit is transferred to third parties, payment must be made by submitting a paid commitment deed. Permits granted before this regulation will be valid for the duration of the licence and will be transferred to the GDMPA within six months. Additionally, necessary institutional opinions and environmental impact assessment (“EIA“) documents will be obtained by the GDMPA in permit processes, and the Ministry of Agriculture and Forestry’s permit will be considered as a favourable opinion in terms of EIA.

Changes to the EIA process

As per the new amendments, relevant institutions will provide their opinions for the EIA process within three months at the latest. If additional time is requested, a maximum of one month additional time may be granted. The opinions of institutions that do not provide opinions within these periods will be considered positive.

Additionally, institutions that have granted permission in the EIA process cannot subsequently provide negative opinions. Other necessary procedures related to mining activities for which EIA positive decisions have been issued will be completed by relevant institutions within one month at the latest, provided that any financial obligations are completed.

1.4. “Strategic” and “Critical” mines

Under the new amendments, mines that may cause serious economic problems or security vulnerabilities in case of supply interruption or high price increases, are among the basic inputs of industrial production and carry high supply risk have been defined as “critical mines“. Mines that have high importance for national security and economic welfare and whose supply may be restricted due to internal or external factors have been defined as “strategic mines“.

The classification of these mines will be made by the Ministry after obtaining the opinions of the Ministry of National Defence, Ministry of Industry and Technology, Ministry of Trade and other relevant institutions. Urgent expropriation can be made for strategic or critical mines. Additionally, the President may decide to stock these minerals at certain rates or amounts, not exceeding 10% of the previous year’s production amount.

1.5. Changes to tender procedures

While the previous regulation provided for tender procedures for areas that had lapsed, been abandoned or defaulted for any reason and new areas other than Group II clause (b)[1] and Group IV[2] minerals, the new regulation clearly stipulates that Group I, Group II (a) and (c), Group III and Group V mine licences will be granted through tenders. Additionally, for Group II (b) and Group IV mines that could not be licensed through tender under the previous regulation, the tender method may be applied in cases deemed necessary by the GDMPA, which expands the tender procedure and grants more discretionary authority to the administration.

1.6. Removal of licence cancellation sanction due to low production amount

While the administrative fine applied in case of production below 30% of the project declaration in a five-year period is maintained, the provision leading to licence cancellation in case of administrative fine being applied twice within five years has been repealed. Thus, the risk of licence cancellation in cases of repeated low production has been eliminated, and only the application of monetary penalties is now deemed sufficient.

2. Amendments to the Law on the Use of Renewable Energy Resources for Electricity Generation No. 5346

2.1. Permit process in forested areas

With the addition made to the article regarding land needs, permit processes for the establishment of wind and solar energy-based electricity generation facilities on forest-natured real estate have been regulated. In this context, permits may be granted to be valid during the pre-licence period. If the production licence stage cannot be reached, this permit will automatically expire at the end of the pre-licence period. If the production licence stage is reached and the Energy Market Regulatory Authority (EMRA) notifies the relevant administration, the permit based on the pre-licence will be extended until the end of the production licence period. Additionally, the principle that permit applications will be concluded within 60 days at the latest has been introduced.

Also, the period until the end of 2025 regarding the application of an 85% discount to permit, rent, easement right and usage permit fees valid for renewable energy resource-based generation facilities has been extended to cover facilities that will enter operation until 31 December 2030.

2.2. Authority for zoning and permit approval by the Ministry for solar and wind energy power plants

Zoning plans, parcellation plans and their amendments related to solar and wind energy power plants with pre-licence or production licence may now also be approved by the Ministry. These plans will enter into force as of the approval date, will be announced on the Ministry’s website for 15 days, and will be finalised if there are no objections. Building permits, building use permits and business opening licences for buildings and appurtenances in these facilities may also be issued by the Ministry.

Additionally, in building permit applications, the seizure decision given by the court within the framework of the urgent expropriation decision will be considered as a document replacing the title deed.

3. Amendments to Electricity Market Law No. 6446

Within the scope of the added temporary article, urgent expropriation may be carried out until 31 December 2030 for the purpose of obtaining private property real estate necessary for facilities with pre-licence or production licence based on renewable energy sources. This period may be extended once by Presidential decree.

As per another added temporary article, for licensed electricity generation facilities that entered operation before 31 December 2024 without building permits or building use permits, it has become possible to issue “Generation Facility Compliance Certificate” if relevant engineering services have been obtained and conditions are found suitable. Additionally, administrative sanctions and demolition decisions and administrative fines previously given for electricity generation facilities within this scope will not be applied.

[1] Marble, Travertine, Granite, Andesite, Basalt and other stones produced as blocks and natural stones used for decorative purposes.

[2] a) Kaolin, Dickite, Nacrite, Halloysite, Endellite, Anauxite, Bentonite, Montmorillonite, Beidellite, Nontronite, Saponite, Hectorite, Illite, Vermiculite, Allophane, Imogolite, Chlorite, Sepiolite, Palygorskite (Attapulgite), Loughlinite and their mixture clays, Refractory clays, Gypsum, Anhydrite, Alunite (Alum), Halite, Sodium, Potassium, Lithium, Calcium, Magnesium, Chlorine, Nitrate, Iodine, Fluorine, Bromine and other salts, Boron salts (Colemanite, Ulexite, Boracite, Tincal, Pandermite or other Boron minerals containing at least 10% B₂O₃), Strontium salts (Celestine, Strontianite), Barite, Wollastonite, Talc, Steatite, Pyrophyllite, Diatomite, Olivine, Dunite, Sillimanite, Andalusite, Dumortierite, Kyanite, Phosphate, Apatite, Asbestos (Amianthus), Magnesite, Huntite, Natural Soda minerals (Trona, Nahcolite, Dawsonite), Zeolite, Pumice, Pozzolan, Perlite, Obsidian, Graphite, Sulfur, Fluorite, Cryolite, Emery Stone, Corundum, Diaspore, Quartz, Quartzite and Quartz sand containing at least 80% SiO₂, Feldspar (Feldspar and Feldspathoid group minerals), Mica (Biotite, Muscovite, Sericite, Lepidolite, Phlogopite), Nepheline Syenite, Chalcedony (Silex, Chert).

b) Peat, Lignite, Hard coal, Anthracite, Asphaltite, Bituminous Shist, Bituminous Shale, Cookeite and Sapropel (subject to the provisions of the Petroleum Law).

c) Gold, Silver, Platinum, Copper, Lead, Zinc, Iron, Pyrite, Manganese, Chromium, Mercury, Antimony, Tin, Vanadium, Arsenic, Molybdenum, Tungsten (Wolframite, Scheelite), Cobalt, Nickel, Cadmium, Bismuth, Titanium (Ilmenite, Rutile), Aluminum (Bauxite, Gibbsite, Boehmite), Rare earth elements (Cerium Group, Yttrium Group) and Rare earth minerals (Bastnaesite, Monazite, Xenotime, Cerite, Euxenite, Samarskite, Fergusonite), Cesium, Rubidium, Beryllium, Indium, Gallium, Thallium, Zirconium, Hafnium, Germanium, Niobium, Tantalum, Selenium, Tellurium, Rhenium.

d) Radioactive minerals containing elements such as Uranium, Thorium, Radium and other radioactive substances.