Turkey Overhauls Mining Rules: New Costs, Quicker Permits – Mining

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On October 2025, the Ministry of Energy and Natural Resources
(“Ministry”) introduced a series of significant
amendments to the mining framework through the Regulation Amending
the Mining Regulation1. These changes form a
continuation of the broader legislative reform that began with the
extensive revisions to the Mining Act in July 2025. The latest
amendments place strong emphasis on digitalization, increased
financial obligations, stricter production standards, and a
rehabilitation-oriented environmental approach. Collectively, these
shifts mark a substantial redefinition of the operational rules
governing the mining sector. In this article, we examine the key
changes introduced by the amendment and explore their potential
implications for industry stakeholders.

Restructuring of the Collateral System and Financial
Obligations

One of the most significant changes introduced by the Mining
Regulation is the redesign of the collateral and payment system.
The former “environmental compliance fee” has
been replaced with a new “rehabilitation fee”.
This update reflects a clearer and more focused approach to
environmental responsibilities in mining activities. Also, under
the new system, companies must pay the rehabilitation fee by the
end of January. If the payment is not made on time, the regulation
provides an additional period until June with late interest. If the
payment is still not completed, the mining license may be
cancelled. This approach increases the financial and operational
importance of complying with regulatory obligations.

Another important change concerns the distribution of the
operating license fee. Under the new system, 70 percent of the
operating license fee will be transferred to the general budget as
revenue and 30 percent will be recorded as income of the General
Directorate. Under the previous system, 50 percent went to the
general budget, 30 percent was held as collateral for environmental
compliance work and 20 percent was allocated to the General
Directorate. The new allocation model significantly increases the
state revenue generated from mining activities and at the same time
increases the financial burden on license holders.

An other significant increases in financial obligations is the
new minimum state royalty requirement. Under the new regulation,
the rule has been revised to provide that mining licenses with an
operating permit must pay each year a state royalty of at least
fifty percent more than the operating license fee. This change
represents a substantial increase in financial obligations for the
sector and is expected to have a direct impact especially on small
scale operators. In addition, the removal of the chromium exemption
in the state royalty calculation and the updates made to all
relevant provisions in line with the benchmark of fifty percent
more than the operating license fee indicate that the system has
been redesigned in a uniform and consistent manner.

Licensing: Tender or first come first
serve?

The recent amendments introduce an important change in the
approach to determining how mining areas will be licensed. In
particular, the scope of areas that may be allocated through the
first application method without a tender has been expanded. Under
the new system:

Group I, Group II subparagraphs (a) and (c), Group III and
Group V mining areas will be licensed through a tender

Group II subparagraph (b) and Group IV mining
areas will be licensed through the first application method

In addition, if the General Directorate of Mining and Petroleum
Affairs (Maden Petrol İşleri Genel
Müdürlüğü –
“MAPEG”) considers it necessary based on
technical grounds such as the history of the site, information on
neighbouring licenses, or a reserve or discovery report, Group II
subparagraph (b) and Group IV areas may also be licensed through
the tender method.

Furthermore, pursuant to the amendment, if a site is deemed
suitable for licensing through the tender method but permission is
not granted for all or part of the area and the successful bidder
does not request the license under these conditions, the tender
will be cancelled, and the tender fee will be refunded.

The new regulation also clarifies the application process. After
an application is submitted, the decision on whether the site will
be licensed through the first application method or through a
tender will be made with the approval of the Minister based on
MAPEG’s recommendation and will then be notified to the
applicant. Sites that are decided to be licensed through a tender
will be designated as tender areas. This amendment removes
uncertainty regarding which method will apply to each site and
provides greater predictability for the sector.

Applications will be submitted through the electronic system
e-Maden2 after the payment of the minimum operating
license fee. Tender requests will also be submitted through the
system in the same manner by paying the minimum operating license
fee and by specifying access details or map sheet and coordinates
as well as the mineral group, all within the limitations set out in
the Mining Law. With these changes, we expect that the use of
digital tools will accelerate application processes and enhance
transparency.

Application Documents and Deadlines: More Comprehensive
and More Strict

Companies seeking to obtain an exploration license are now
required to submit a much more extensive set of documents. Among
the documents that must be submitted within two months are the
first application undertaking and its supporting documents, as well
as an indefinite and unconditional letter of guarantee or other
proof demonstrating compliance with the investment guarantee
requirement. The minimum investment guarantee amount will be
announced each year by MAPEG based on the relevant mineral groups
and subgroups. In addition, for legal entities, a partnership
confirmation document that includes information on shareholding
structure has become mandatory.

Stricter Oversight in the Exploration and Operation
Phases

During the exploration period, the rate of progress in planned
activities has become much more critical. If less than 50 percent
of the investment program is completed for two consecutive years,
the submitted guarantee will be forfeited, and the license will be
cancelled. This rule aims to prevent license holders from leaving
their sites inactive.

There is also a significant change regarding reserve reporting.
A three-dimensional reserve report is now mandatory. In addition,
drilling data must be entered digitally into the e-Maden system.
These requirements are designed to strengthen transparency and
improve data quality in the sector.

It is also understood that by requiring the upload of
photographs, coordinates and technical data for drilling wells into
the e-Maden system, the regulation aims to improve the accuracy and
traceability of exploration data.

Operating License: MAPEG Will Now Handle Many
Permits

The amendments made major changes in the permitting process.
Permit applications for areas subject to special protections such
as specially protected environmental zones, national parks,
wetlands, wildlife protection and development areas, cultural and
tourism protection and development zones, tourism centres and
registered heritage sites will now be submitted by MAPEG, with the
exception of forest areas.

The license holder will only be required to prepare the project
and submit it to MAPEG. If the relevant authorities do not respond
within three months, an additional one month will be granted, and
if there is still no response at the end of this period, the permit
will be deemed to have been granted. While this amendment aims to
centralize and accelerate permitting processes and significantly
reduce bureaucracy, it should be noted that it also carries certain
inherent risks.

One of the most notable new requirements relating to the
operating license is the 15 percent production condition. In order
for a request to extend the license period to be accepted, the
license holder must have completed production amounting to at least
15 percent of the total production declared in the current
operating plan as of the application date. It is also stated that
this minimum production requirement may be met by calculating the
average production of all licenses held by the same license holder
that relate to the same mineral and have an operating permit. This
rule encourages active production and aims to prevent licensed
areas from remaining idle.

Restrictions Introduced on Royalty
Agreements

The amendments also introduce significant limitations regarding
royalty agreements. Except for Group IV subparagraph (c) licenses
and licenses held by public institutions and their affiliates, it
is no longer permitted to enter into more than one royalty
agreement for a single license. This change substantially restricts
the operational flexibility of license holders. In addition,
royalty agreements that do not specify coordinate information will
not be registered in the official records.

Mining Activities in Forest Areas: A New Permit
Process

The amendments also introduce a new requirement for conducting
mining activities in State forests. Before a license is issued, an
application for a permit must be submitted to the Ministry of
Agriculture and Forestry through the e-Government system. While the
permitting process has been digitalized, it has also been
accelerated. If the relevant authority does not provide a response
containing its final opinion within three months, a second notice
will be sent granting an additional one month. If no final opinion
is provided by the end of this period or if a positive opinion is
issued, the applicant will be required to complete the remaining
obligations set out in the legislation, after which the license
will be issued.

In addition, for mining exploration and operation activities in
State forests, a free of charge permit valid for twenty-four months
will be granted within three months for necessary facilities such
as roads, energy supply, water, communication and other
infrastructure. Upon request, this period may be extended for an
additional twelve months. These changes are expected to facilitate
the integration of mineral resources into the economy.

In addition, the regulation now explicitly provides that permits
issued by the Ministry of Agriculture and Forestry will also be
deemed to constitute a positive opinion for the purposes of the
Environmental Impact Assessment process. This provision
significantly simplifies the initial stage of the EIA procedure for
activities carried out in forest areas.

Another important development is the ability of MAPEG to
transfer permits granted in State forests to third parties. Under
the new rules, if the free of charge permit is not transferred,
operated or caused to be operated within a period of thirty-six
months, the permit will automatically become invalid.

Occupational Health and Safety: ISO 45001
Requirement

The amendments also introduce an important step in the area of
occupational health and safety. Companies are now required to
obtain the ISO 45001 Occupational Health and Safety Management
System Certificate within six months after the operating permit is
issued. This requirement is intended to reduce workplace accidents
and promote safer working conditions in the mining sector.
Considering the country’s track record in this area, it can be
said that this change is particularly significant.

Audits and Transparency

Audits will no longer be carried out by a three-person team
including mining and geological engineers. Instead, they will be
conducted by an engineering committee composed of at least two
mining or geological engineers. License holders will be required to
submit all financial documents for inspection. This amendment aims
to enhance transparency in the sector and strengthen the
effectiveness of audits.

Conclusion: A New Era for the Sector

With the comprehensive amendments to the Mining Regulation, it
can be argued that a new era has begun for Turkey’s mining
industry. Through increased digitalization, higher financial
obligations, a rehabilitation oriented environmental approach and
stricter production requirements, the rules governing the sector
are being rewritten. These changes are expected on one hand to
encourage the entry of strong and serious market players, and on
the other hand to place greater emphasis on environmental
responsibility and occupational safety. While financial and
operational obligations for license holders are increasing, the
state is strengthening both its revenue base and its supervisory
capabilities.

Indeed, it is critically important for sector stakeholders to
adapt to these new regulations and update their strategies
accordingly. Although representatives of the mining industry
generally view the amendments positively, they note that the
separate collection of rehabilitation fees and expanded reporting
requirements may create additional costs, particularly for small
scale operators3.

On the other hand, the expansion of licensing through the first
application method and the narrower application of the tender
procedure, together with the procedural simplifications introduced
for obtaining permits, may make market entry easier while
potentially weakening the preventive oversight intended through
permit-based controls, particularly in relation to environmental
matters. For this reason, it is essential that the sector be
closely monitored by supervisory authorities as well as all
relevant stakeholders, including environmental organizations.

Footnotes

1.
https://www.resmigazete.gov.tr/eskiler/2025/10/20251030-1.htm,
Last accessed: 10.12.2025.

2. https://www.turkiye.gov.tr/migem-e-maden,
Last accessed: 10.12.2025.

3. https://madenplatformu.com/maden-yonetmeligi-degisti-2025/,
Last accessed: 10.12.2025.

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