Exploration and operating licenses
Application, tender, exploration periods, extension of the period and license obligations.
Review the scope
LICENSING, INVESTMENT AND OPERATING PROCESSES
Mining Law and License Disputes
Legal advice and representation on mining exploration and operating licenses, permits, license transfers, operating agreements (rödovans) and administrative disputes.
The license, the operating permit and the right to use the land are examined separately
Holding a mining license does not mean that production can be carried out everywhere in the licensed area and under all conditions. The type of license and the mineral group, the scope of the operating permit, access to the land and the relevant environmental or other public permits must be assessed together. The right over the licensed area and ownership of the immovable property are not the same right.
For license holders, investors, operators, operating-agreement operators (rödovansçı) or landowners, we carry out the legal review of permit and contract relationships, the applications against the acts of MAPEG and other authorities, and the pursuit of private-law disputes. The review is based on the current status of the site and the legislation applicable on the date of the transaction.
DEADLINE AND DOCUMENT CHECK
Prioritize a served notification, a notice of deficiency or a suspension decision
License obligations, the completion of deficiencies, and fee and application time limits differ from one another. Keep the whole decision and the record of notification. Concluding a contract or filing a lawsuit does not automatically create permission to continue a suspended activity; obligations concerning the safety of life and environmental protection must not be delayed.
Telephone and contact informationWhat do you need legal support with?
You can select the heading that fits your need and review the scope of the service and the topics addressed in the initial assessment.
Operating and environmental permits
Review of the scope and sequence of the operating permit, the Environmental Impact Assessment (ÇED) and other related permits.
Review the scopeLicense transfer and investment
Transfer, company transactions, security and review of the license file.
Review the scopeOperating agreements and mine operation contracts
Permit, allocation of responsibility, production and payment, and termination conditions.
Review the scopeSite and land use
Ownership, forest and pasture land, access, neighboring properties and overlapping rights of use.
Review the scopeInspection and disputes
Sanctions, license revocation, suspension of operations and contract litigation.
Review the scopeRights in a mining project that are not interchangeable
The legal review matches the chain of permits with the commercial contracts on the same project.
| Document / relationship | Framework it provides | Matter to be checked separately |
|---|---|---|
| Exploration license | Exploration activity in the relevant group | Obligations of the period and permits specific to exploration |
| Operating license | The operating stage of the mining right | Operating permit and other related permits |
| Operating permit | The permitted production area and activity | Permit area, project and actual production |
| Land-use right | Access to and use of the immovable property | Ownership, forest, pasture and other special regimes |
| Operating agreement | Production and payment relationship between the parties | MAPEG permit, prohibitions and the responsibility of the license holder |
| ÇED decision | Environmental assessment of the project | Other environmental and activity permits |
The amendments made by Law No. 7554 of 2025 and its transitional provisions must be reviewed for existing licenses as well, according to the date of the specific transaction. Draft regulations are not applied as if they were rules in force.
Legal basis: Mining Law No. 3213 · Environment Law No. 2872
Service areas and legal processes
Advisory work, application preparation and dispute handling are assessed together according to the nature of the request, the position of the parties and the stage of the relevant transaction.
Exploration and operating license applications
Acquiring the right and preparing the application
The mineral group, the application or tender method, the applicant’s qualifications and the financial and technical obligations are reviewed. Site coordinates, existing rights, the license history and the application documents are checked together. Winning a tender or having an application registered does not mean that all permits have been completed.
Exploration periods and continuation of the license
The activities of the exploration period, reports, the project, extension of the period, relinquishment and the conditions for the license to move to the operating stage are assessed. The preparation of technical reports by authorized persons is matched with the content of the legal application. For licenses issued before a legislative amendment, an old timetable or an automatically acquired right is not assumed without checking the transitional provision.
Legal basis: Mining Law No. 3213 · MAPEG
The operating permit and other public permits
Building the chain of permits
The operating license, the operating permit, the ÇED process, ownership and use permits and the other approvals required for the activity are mapped together. The duties of the relevant authorities, the order of the applications and the scope of the permits are determined. The existence of one permit document does not replace another; compliance is sought for each site and activity.
Permit changes and capacity
It is reviewed whether a change in the permit area, a capacity increase, a new facility, a waste rock (pasa) or waste area, the production method or project changes require an additional permit. The start or continuation of production is compared with the actual scope of the existing decision. Legal work does not mean the preparation of an environmental impact or mining engineering report.
Legal basis: Mining Law No. 3213 · Environment Law No. 2872
License transfer, company transactions and investment due diligence
Reviewing the right to be transferred
The validity of the license, its periods, debts, sanctions, permit status, operating-agreement relationships and other rights over the site are reviewed. A license transfer and a share transfer in the company that holds the license are treated as separate legal transactions. Transferability, eligibility and the conditions of the administrative act are determined on the basis of the file.
The closing and liability structure of the contract
Administrative approval or registration, payment of the price, security, past obligations, representations and the conditions for withdrawal from the contract are tied together. Presenting only the license document to the buyer is not regarded as a sufficient legal review. An allocation of risk between the seller and the buyer does not, by itself, remove statutory liability toward the public authority.
Legal basis: Mining Law No. 3213 · Law No. 6098, Turkish Code of Obligations
Operating agreements and mine operation contracts
Limits of permit and activity
In an operating agreement between the license holder and a third party, the MAPEG permit, the type of mineral, and the scope of the site and the activity are checked. In particular, the statutory prohibition and exceptions concerning underground coal mines are assessed separately. An operating agreement is not the same transaction as a license transfer; a signed contract alone does not give permission to start production.
Production, payment and termination
The production and measurement method, sales data, the calculation of the operating agreement payment, the minimum obligation, equipment, employees, occupational safety and rehabilitation responsibilities are regulated. The continuation of the license holder’s responsibilities arising from the Mining Law is taken into account. On termination, the handover of stock and the site and the transfer of debts and records are expressly determined.
Legal basis: Mining Law No. 3213 · Law No. 6098, Turkish Code of Obligations
The site, land use and overlapping rights
Access to and use of the land
Private ownership, the status of Treasury, forest, pasture or protected land, and the need for roads and infrastructure are reviewed. The conditions of a lease, easement, allocation or other means of use are determined. Being a license holder does not directly eliminate the rights of the owner of the immovable property or the special protection legislation.
Boundary and damage disputes
The license boundary, the operating permit area, overlapping rights and the coordinates of the actual activity are compared with technical data. In claims of damage to a neighboring property, a road, water or another use, causation and the preservation of evidence are assessed. The technical verification of coordinate and reserve data is carried out by the relevant professional specialists.
Legal basis: Mining Law No. 3213 · Environment Law No. 2872 · Law No. 6098, Turkish Code of Obligations
State royalty (devlet hakkı), license fee and rehabilitation
Review of financial obligations and records
The state royalty, license and rehabilitation fees, assessment, payment and the consequences of delay are reviewed according to the year of activity and the type of license. Production, sales and shipment records are compared with the administrative calculations. A fixed fee or rate is not used as if it were valid for all mineral groups and years.
Closure, relinquishment and environmental obligations
Where the activity stops, the site is relinquished, or the license is transferred or ends, rehabilitation and other environmental responsibilities are assessed. Contractual winding up and the discharge of public obligations are tracked separately. It is not assumed that all environmental and financial obligations also end on the ground that the license has ended.
Legal basis: Mining Law No. 3213 · Environment Law No. 2872
Operating, contractor and occupational safety relationships
Roles and contract structure
The actual roles of the license holder, the operator, the operating-agreement operator, the contractor and the employees are determined. The nature of employment contracts, service procurement and subcontracting employer (alt işveren) relationships and the allocation of duties concerning occupational health and safety are reviewed. The title of a contract is not assessed independently of the actual relationship and statutory obligations.
Accidents and administrative review
In an accident or a dangerous situation, the priority is the safety of life and the necessary notifications to the competent authorities. In the legal process, incident records, training, inspection, assignment and technical findings are assessed. Administrative, private-law and criminal liability are subject to separate conditions; it cannot be concluded that a single party has assumed all liability by contract.
Legal basis: Mining Law No. 3213 · Labor Law No. 4857 · Occupational Health and Safety Law No. 6331
Inspections, administrative sanctions and dispute handling
Acts of MAPEG and other authorities
Inspection reports, notices of deficiency, administrative fines, suspension of operations and decisions revoking a permit or license are reviewed in terms of their legal basis and procedure. The dates of notification, of becoming aware and of application are recorded separately. The competent authority and the time limit are determined according to the type of decision and the specific statutory provision; a single time limit is not given for all decisions.
Litigation and interim legal protection
The need for an annulment action, a full remedy action, a payment claim, compensation, termination of a contract or preservation of evidence is assessed separately. Mediation in commercial disputes or a valid arbitration clause does not by itself cover an administrative license act. The conditions for requests for a stay of execution or an interim injunction are prepared with concrete evidence; no assurance of a decision or outcome is given.
Legal basis: Mining Law No. 3213 · Administrative Procedure Law No. 2577 (İYUK) · Code of Civil Procedure No. 6100 (HMK) · Law No. 6325 on Mediation
A practical guide for the initial assessment
The checks below help you prepare for the consultation and identify the priorities in your file.
Checking the license file before investing
Review together the current records that support the license document.
| Heading | Check |
|---|---|
| Right and period | Mineral group, type of license, period and past transactions |
| Permit area | Whether the operating permit and the coordinates match the actual activity |
| Land and environment | Land-use right, ÇED and other permits |
| Debts and obligations | State royalty, fees, deficiencies and sanctions |
| Third parties | Operating agreement, contractor, security and existing disputes |
Legal basis: Mining Law No. 3213 · Environment Law No. 2872
What to check in an operating agreement
The parties’ agreement is verified separately from the public permits.
| Heading | Question to ask |
|---|---|
| Permit and prohibition | Is an operating agreement possible for this activity, and is there a permit? |
| Site / production | Are the area, the mineral and the production limits defined? |
| Payment | Are the measurement, sales data, inspection and payment procedure clear? |
| Obligation | Who is responsible for occupational safety, records, fees and rehabilitation? |
| Termination | How will stock, equipment, the site and records be handed over? |
Legal basis: Mining Law No. 3213 · Law No. 6098, Turkish Code of Obligations
First records for a decision that has been notified
Assess the document not only with its result page but together with its annexes.
| Document / information | Why it matters |
|---|---|
| The decision and its annexes | The grounds and scope of the sanction |
| Record of notification | Calculation of the time limit for application |
| Inspection / defense | Comparing the procedure with the material facts |
| License / permit file | The context of the alleged violation |
| Records of actual activity | Evidence of production, suspension and damage claims |
Legal basis: Mining Law No. 3213 · Administrative Procedure Law No. 2577 (İYUK)
Related sectors of a mining investment
A mining project is assessed together with its production facility and infrastructure relationships.
Manufacturing and Industry
Processing of ore, stone and other inputs, and facility contracts.
Review the related areaEnergy and Infrastructure
Electricity, road, water and project infrastructure relationships.
Review the related areaImport, Export and International Trade
Delivery, quality and payment terms in the sale of minerals and processed products.
Review the related area
How do we handle your file?
At the first consultation, we identify the legal nature of the request, the existing documents, the missing information and the need for priority action. The scope of the consultation and of the work that follows are agreed separately.
Defining the site and the transaction
The license group, coordinates, period, status of the party and the date of the transaction are determined.
Review of the license, permits and contracts
The obligations and gaps where public records and private contracts intersect are identified.
A legal plan based on technical findings
The scope of the application, contract or lawsuit is prepared on the basis of engineering and environmental findings.
Timetable and file follow-up
Notifications, time limits, responses from authorities and the agreed steps are monitored regularly.
Work based in Antalya and follow-up across Türkiye
Güneş & Güneş Law Firm, founded in Kemer on March 18, 1999, provides advisory and representation services from its Antalya headquarters for legal needs in all 81 provinces of Türkiye. Depending on the location and nature of the file, a work plan is created through an in-person or online consultation.
In matters involving a foreign element, transactions under Turkish law are assessed. Where a transaction is needed in another country, the appointment, authority and fee scope of a local legal adviser are determined separately.
What should you prepare before the consultation?
For a start, a short summary showing the subject and the time limit is sufficient. Documents you do not have can be identified after the initial assessment.
In the first application
- The mineral group, the province of the site, the license number and your capacity as license holder, operator or investor.
- Your request and, if there is one, the decision that was notified and the date of notification.
- Whether production is continuing and any approaching permit, payment or completion deadline.
Documents that may be reviewed as needed
- The license, the operating permit, site coordinates, and project and activity reports.
- ÇED and other permits, land-use documents, and lease or easement contracts.
- Operating agreement, transfer, shareholder, contractor and product sales contracts.
- State royalty, license and rehabilitation fees, and production, sales and shipment records.
- Inspection reports, deficiency letters, defenses, sanction decisions and notifications.
You do not need to send identity numbers, medical reports, records relating to children or your entire file in the first application. The information shared is handled only for the purpose of legal assessment and only to the extent necessary. Detailed documents are requested after the need and a secure method of sharing have been determined. Review our approach to confidentiality and information security. Learn about secure document sharing.
Fees, scope and contact
The attorney’s fee is determined by taking into account the scope of the advisory work, application, contract work or litigation and the effort the matter requires. The fee, expenses and, where applicable, expert, translation, notary or external adviser costs are explained before the engagement; the work undertaken is defined in writing.
A first response to your consultation request is given within 48 hours. This response does not mean that the file has been reviewed in full or that a representation relationship has been established. If there is an approaching objection or litigation deadline, state this at the start of your application; do not wait for a reply for time-limited steps.
Frequently asked questions
Is an operating license enough to start production?
An operating license and an operating permit are different. The operating permit area must be checked together with the other permits required by the site and the activity.
Does a license also give ownership of the immovable property?
No. The mining right and ownership of the immovable property are different. Access to and use of the land must have a legal basis that complies with the relevant ownership or special-area regime.
Does a ÇED decision replace the other permits?
No. The scopes of the ÇED and of the other environmental, land or activity permits are different. The required chain of permits is assessed for the specific project.
Is an operating agreement a license transfer?
It is not. An operating agreement regulates the production and payment relationship; a license transfer depends on separate conditions. The statutory permit and activity restrictions for an operating agreement are also checked.
Can an operating agreement be made for every mine?
A general assumption is not correct. In particular, the prohibition and statutory exceptions concerning underground coal mines and the MAPEG permit must be reviewed separately.
If the operating-agreement operator assumes all responsibility, is the license holder not liable?
The license holder’s responsibilities arising from the Mining Law may continue. An agreement between the parties does not remove all statutory obligations toward the public authority.
Is buying the shares of the company that holds the license a sufficient review?
No. The license, permits, debts, sanctions, site and third-party relationships must also be reviewed. The legal conditions of a share transfer and of a license transfer are separate.
Can work continue after a lawsuit is filed against a suspension decision?
As a rule, filing a lawsuit does not automatically stop the decision. The scope of the decision, the special regulation and the conditions for a stay of execution must be assessed.
Do the 2025 amendments apply to old licenses?
This depends on the relevant regulation and its transitional provision. The same result cannot be stated for all old licenses without seeing the dates of the license and of the transaction.
Does relinquishing a license end all debts?
The financial, environmental and contractual consequences of relinquishment and termination are reviewed separately. Past obligations or rehabilitation responsibility may continue.
Does a law firm prepare the reserve and technical project report?
Legal service is the assessment of license and contract processes. Technical reports are prepared by the relevant authorized specialists; the legal work is coordinated with their findings.
Which document has priority for the initial review?
If there is a dispute, the decision and the record of notification; for an investment or transfer, the license, the operating permit and the existing contracts. The detailed document list is clarified at the initial assessment.
Related legal services
Administrative Law and Courts
Legal remedies against licenses, permits and public sanctions.
Environmental Law
ÇED, environmental permits and rehabilitation links.
Company Law
Shareholder and management transactions of the company that holds the license.
Contract Law
Operating agreement, investment, operating and product sales relationships.
Other related sectors
Legislation and information
This page has been prepared for general information purposes. The official sources below were checked on October 4, 2026 as part of content preparation. The rule to be applied, transitional provisions, competent authority and time limit are assessed separately according to the date of the transaction and the specific features of the case. The text is not a legal opinion or a commitment as to the outcome in any particular file.
- Mining Law No. 3213 (opens in a new tab)
In particular Articles 7, 13, 14, 16, 17, 24 and 30 and supplementary Article 7; the amendments made by Law No. 7554 and its transitional provisions.
- Environment Law No. 2872 (opens in a new tab)
ÇED, environmental obligations and sanctions; other legislation specific to the land is reviewed separately.
- Law No. 6098, Turkish Code of Obligations (opens in a new tab)
Framework for contracts, leases, performance, termination and liability.
- Labor Law No. 4857 (opens in a new tab)
Operating, employee and contractor relationships.
- Occupational Health and Safety Law No. 6331 (opens in a new tab)
Workplace risks and employer obligations; regulations specific to mining workplaces apply separately.
- MAPEG — Legislation and announcements (opens in a new tab)
License and permit applications and announcements on practice after Law No. 7554. Drafts opened for comment have not been treated as binding text.
- Administrative Procedure Law No. 2577 (İYUK) (opens in a new tab)
Annulment, full remedy and stay of execution.
- Code of Civil Procedure No. 6100 (HMK) (opens in a new tab)
Private-law litigation, preservation of evidence and interim injunction.
- Law No. 6325 on Mediation in Civil Disputes (opens in a new tab)
Mediation in private-law disputes; special conditions for bringing an action are reviewed separately.
Let us assess your license or site matter
Share the province of the site, the type of license, your request and, if there is one, the date of notification. Let us determine together the priority documents and the transactions needed.