GÜNEŞ & GÜNEŞ LAW FIRM
Legal support for mining and quarry operators, natural stone producers, investors and exporters.
Legal advice and representation from licensing and land use through production and contracts to international trade.
FROM THE QUARRY TO PRODUCTION, FROM PRODUCTION TO TRADE
A mining or natural stone investment involves several different relationships that affect the legal status of the site, the continuity of production and the product’s access to the market. When licenses, land use, environmental obligations, operating agreements and commercial commitments are reviewed together, the legal framework of the investment decision can be set out more clearly.
Güneş & Güneş Law Firm provides legal advice and representation at the stages of investment planning, day-to-day operations and dispute resolution. Matters covered include the extraction, processing and sale of marble, travertine, granite and other natural stones, as well as the contract and administrative needs of mining operations.
The scope of the service is determined by the company’s role, the characteristics of the site, the stage of the transaction and the documents available.
License and registry records, operating permits, applications and notifications, and administrative acts established following inspection are reviewed. The legal remedies to be pursued regarding extensions of time, changes in activity and adverse administrative acts are assessed on a file-by-file basis.
Ownership, lease, easement (irtifak hakkı), access roads and site boundaries are addressed together with the permits required by the nature of the land. The fact that the license right and the right to use the property are separate is clarified at the outset of the investment.
Legal due diligence is conducted before any company or business transfer. License transfer, share transfer and the operating agreement relationship are assessed as separate transactions; price, security, allocation of liability, permits and closing conditions are reflected in the contract.
Supply of blocks and slabs, subcontracted processing (fason), machinery purchases, maintenance, transport and storage relationships are provided for in contracts. Quality, capacity, delivery schedule, wastage, acceptance, payment and delay provisions are structured around the actual production flow.
Samples, measurements, surface treatment, color and vein variations, packaging, delivery and risk of damage are clarified. In cross-border sales, payment security, customs, the product requirements of the target market, the applicable law and dispute resolution are reviewed together.
Depending on the scope of the project, the legal dimension of the Environmental Impact Assessment (ÇED) process, environmental permits and land use permits is assessed. Capacity increases, waste and water use, rehabilitation obligations and related administrative acts may be included in the scope of work.
Employment contracts, subcontracting employer (alt işveren) relationships, the legal dimension of occupational health and safety responsibilities, workplace accident processes and employee disputes are addressed. Technical safety inspection is the responsibility of the relevant specialists.
Defective or incomplete delivery, payment delays, termination of contracts, partnership disputes and damage claims are reviewed. Evidence, the need for interim legal protection, whether mediation applies, and the litigation, enforcement or arbitration routes are assessed together.
Consideration is given not only to the current need for the transaction but also to the responsibilities taken over and their effect on subsequent stages.
License and registry records, site and property records, permits, contracts, existing disputes and financial obligations are reviewed together. Technical reserve or productivity determination is a specialist study separate from the legal due diligence.
The legal consequences of share transfer, license transfer, transfer of the business and operating agreement options are distinguished. Permits and approvals, security, representations, allocation of debt and liability, and the conditions for completing the transaction are determined.
Supply, subcontracted processing, sales, transport and employment relationships are adapted to the flow of the business. License fees, state royalty (devlet hakkı) and rehabilitation obligations are tracked in the follow-up plan as separate items that do not replace one another.
Capacity increases and changes of site or method are reassessed against existing permits. Cessation of activity, winding up of contracts, rehabilitation and continuing obligations are planned separately.
CONTRACT DETAILS IN NATURAL STONE TRADE
The natural variations of natural stone do not by themselves resolve disputes over whether the delivered product conforms to the contract. The characteristics agreed by the parties and the method of acceptance should be recorded.
The product documents required for export vary according to the intended use of the stone and the target market. Where local representation is required under the law of a foreign country, the scope of work and coordination with a lawyer authorized in that country are also determined separately.
Ongoing legal advisory may cover not only intervention once a dispute arises, but also setting up the business’s contract and obligation framework in advance.
Comparison of sales, supply, operating agreement, subcontracted processing and transport contracts against the business’s current conditions.
Determination, based on shared permit and notification records, of legal monitoring responsibilities, deadlines and document flows.
Assessment of employment relationships, commercial correspondence, personal data, formal notices (ihtar) and the preservation of evidence before disputes arise.
The scope of advisory services, communication arrangements, fees and any separately undertaken lawsuits or procedures are determined in the agreement. Technical inspection, laboratory analysis and financial review are carried out separately from the legal service.
We establish the activity, the parties, the stage of the transaction and, where applicable, the date of notification. Conflict of interest and the suitability of accepting the matter are assessed without collecting unnecessary sensitive information.
License and permit records, site information, contracts and correspondence are reviewed together. Missing documents, the need for technical or financial expertise and possible legal routes are identified.
The work to be done, responsibilities, fees, separate expenses, authorization and reporting arrangements are agreed. The duty to monitor time-bound procedures is clearly defined.
The contract, application, negotiation or dispute follow-up is carried out within the agreed scope. Developments, points requiring a decision and next steps are reported to the client.
At the initial stage, a short summary of the matter and a list of the documents you have are sufficient. Missing documents do not prevent you from submitting a consultation request.
Share files containing trade secrets, personal data or other sensitive documents only after the need and a secure sharing channel have been determined.
An operating license and an operating permit are assessed separately. The scope of the environmental, land use and other permits required by the site and the project is reviewed separately. Holding a license alone does not show that all conditions for the activity have been met.
It is not. A license transfer concerns a change in the holder of the right. An operating agreement is a contract that regulates the operating relationship at a specific site. The legal nature of the contract, the permit and registry procedures, and the responsibilities of the parties are assessed separately.
License and registry records, site boundaries, permits, land rights, existing contracts, debts and obligations, lawsuits and rehabilitation responsibilities are reviewed together. Technical reserve and economic productivity studies are carried out separately by the relevant specialists.
It cannot be assumed that existing permits cover every change. The necessary procedures are determined on a project-specific basis, taking into account the new capacity, field of activity, production method and application date.
Rehabilitation should be assessed from the outset in investment and operational planning. Implementation obligations and related financial obligations are tracked separately; a transfer or end of the activity requires that existing responsibilities be reviewed separately.
The approved sample, the tolerances in the contract, the intended use of the product and the delivery conditions are reviewed together. Natural variation and breach of contract are not treated as the same; technical inspection and evidence gathering may be considered where necessary.
The documents depend on the nature of the product, its intended use and the target country. Customs documents, product conformity and the delivery terms agreed with the buyer are reviewed together. It is not assumed that the same document is required for every raw block or processed stone.
The act and its notification documents, inspection reports, and license and permit records should be gathered together so that the available application routes and time limits can be assessed without delay. Waiting for a reply to a consultation request does not stop the time limit for the procedure; please report any urgent matter by phone separately.
Depending on where your matter carries the most weight, you may review the related practice areas.
CONSULT WITH GÜNEŞ & GÜNEŞ
Founded in Kemer in 1999 and operating from Antalya since 2007, Güneş & Güneş Law Firm assesses legal needs relating to mining and natural stone activities across Türkiye. Communication is available in Turkish, English, German and Russian.
In-person consultations can be held at our office, and online consultations via Zoom or WhatsApp. International appointments are confirmed by stating the time in your city and country together with Türkiye time.
The initial communication, a consultation request or the sharing of documents does not by itself mean that the matter has been undertaken, that time limits are being monitored or that an attorney–client relationship has been established. Acceptance of a matter is completed by determining the scope, fees, separate expenses, the contract and the necessary authorization.
Information and documents shared in the initial assessment are used for legal assessment purposes, in accordance with confidentiality and personal data protection rules. First, a summary of the matter and a list of documents are shared; sensitive files are requested after the need and a secure channel have been determined.
This page contains general information. The regulation applicable to a specific transaction, the permits, application routes and time limits are assessed separately on the basis of current legislation and the documents in the file.