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Law No. 3213
Official Gazette No. 18785
Enacted in June 15, 1985
Published in June 15, 1985
Purpose
ARTICLE 1.- The
acquisition of mining rights, exploration and operation of mines and
renunciation of mines are subject to the provisions of this law.
Minerals
ARTICLE 2.-
Substances mentioned below and found in nature as simple, complex or
mixtures are considered to be "minerals" under this law.
1. ENERGY MINERALS
Coal (all kinds of coals
varying from lignite to anthracite, asphalt. bituminous schists, bituminous
shale), radioactive minerals (uranium, thorium, radium, niobium, lanthanum,
niobium, praseodium, selenium).
2. METALLIC MINERALS
Gold, copper, pyrite,
cobalt, nickel, lead, zinc, silver, cadmium, bismuth, rareearths (indium,
gallium, itrium, thallium, germanium), tin tantalum, tellurium, molibdenum,
tungsten (wolframite, scheelite), iron manganese, titanium (ilmenite,
rutile), vanadium, arsenic mercury antimony, chromium, platinum, iridium,
palladium, osmium, ruthenium, rhodium, aluminium (bauxite).
(*) An approximate tentative
translation of the New Mining Law has been enclosed in this very early
Turkish edition of law and regulations for the information to the interested
foreigners.
3. INDUSTRIAL MINERALS
Clays (kaolin, kaolinite,
dickite, alunitic, kaolin, nacrite, halloysite. glausecolite, allophane,
imogolite, spherstone. refractory clay, fire clay. binder clay), bentonite
(illite, loglinite, montmorillonite, natroalunite saphonite, hectorite,
beydillite, atapuljite, alunite, natrium, potassium, lithium, calcium,
magnesium (anionic and cationic) salts (the rights in the Salt Law are
reserved), vollastonite, tale, steatite prophyllite, diatomite, dunite,
olivin zeolite, sillimanite, andalusite, dumortiortiorite, disten (kyanite),
phosphate, apatite, asbestos, magnesite, trona, perlite, graphite, sulphur,
flourite, cryolite, diasporite, barite, stronsium salt, quartz, quartzite
(containing at least 90 % of 5i02 ), boron salts (colemanite, ulexite,
borasite, tincal, pandermite) or other boron minerals containing' at least
10 % B2O3 , feldspat, mica (biotite, muscovite, serucite, lepidolite,
flogophite, vermiculite), marble (calker, dolomite calcite, aragonite,,
traverten, albatr, diabase, granite, serpentine and polishable other rocks),
nepheline, syenite, pumice, calcedon.
4. PRECIOUS STONES
Diamond, corundum,
morganite, emerald, aquamarine, heliodor, alexandrite, beryl, ruby, saphire,
agate, algea agate, onix, sardonix, jasp, carnolite, heliotrop, bloodstone,
cryzoprase, opal, quartz crystals, tour- maline, zircon, topase, moonstone,
turquoise, spodumene, amber, lapislazuli, oltu - stone, diopside,
amorsonite, labradorite, epidote, olivine, zeberjet, spinel, jadert, jad,
rhodonite, rhodocrosite, grena minerals, diaspore crystals, kemerrerite.
Any substance not mentioned
in this article may be made subject to the Mining Law upon the
recommendation of the Ministry of Energy and Natural Resources by the decree
of the Counsel of Ministers.
Not: The following included
Mining Law.
1. Marble has to be cut
able, given block and publishable Law no: 3382, 12.06.1987
2. Sepiolit 28.09.1989
3. CO2 and Turba : 19
Agust.1994
4. Methane: 21.02.1998,
5. Calcit and Jips :
22.10.1999
6. Sald: 26 Haziran 2001
5. GASES AND WATERS
EXPLOITED FOR THE EXTRACTION OF THE ABOVE MENTIONED MINERALS
Definitions
ARTICLE 3.- Definitions made
use of in this law are as follows:
Ministry : The Ministry of
Energy and Natural Resources.
Relevant department : The
Ministry of Energy and Natural Resources Mining Department. .
Right of priority : Priority
given to the first applicant for the mining right.
Denunciation : Denunciation
of a mineral appearance outside an exploration or preoperation concession
area which was not previously mentioned.
Exploration license :
Competence enabling exploration activities within a certain area.
Discovery: Finding of a
mineral appearance during a licence period as described in the regulations.
Preoperation license :
Competence granted to an applicant, for con- tinuation of preoperation and
other required searches prior to the mining activities, for maximum a period
of three years following the exploration period.
Operation licence : License
given for operating the mines.
Operating permission :
Permit required for operation of each mineral within an operation licence
area.
Declaration : Any written
document submitted to the authorities to clarify or define the situation.
Mine register : Registration
file in which all activities relevant to the mining are recorded.
Covery : Ore not technically
and economically feasible but operated for the desired mineral.
Prospection : General
geological studies prior to the exploration. Proven reserve : Quantity of
the reserve whose dimensions and grade are measured.
Economic ore : At prevailing
circumstances profitably exploitable ore. Expropriation : Nationalisation of
the private land for the mining activities within the licence area during
the operation licence.
Supervision : Inspection of
the mining area whether it is in accord with the "Safety Regulations" and
operation techniques.
Supervisor : Mining engineer
responsible for safety and technical problems of concession the mining or
any operating activities.
Reduction : Reduction of the
licence area according to this law. Annulment : Automatic abolishment of a
licence without a notice.
Balance sheet : A balance
sheet prepared for each operating permission separately and in accordance
with a model described in the regulations to calculate only the Royalty, the
Mining Fund contribution, denunciation and discovery.
Activity report : An
introductory text prepared by the supervisor according to the regulations.
Production map : A sealed
map showing the production within the operating permission area, the
quantity of the production and the method of the production.
Project : A report
describing the technique to be used to exploit mining resources and the
contribution of these resources in meeting the requirements of the country.
Weighting receipt : A
weighting bill showing the weight of the ore during the transportation.
Transportation certificate :
A dispatchment certificate.
Specialised State
Departments : Experienced State Departments in the mining related activities
: The Mining Department, MT A, TKI, Etibank, EIEI, DSI, various departments
of the Ministry of Industry and Commerce, The Ministry of Agriculture and
Forestry, TEK, and The Highway Authorities.
Mining rights : Permissions
granted for exploration, finding and operating and opportunities given to
those who assist in finding the ore reserves.
Guaranty deposit : A
temporary cash payment to secure the mining activities to be in compliance
with the law.
Gross profit : Gross profit,
excluding some overheads, calculated in balance sheet as described in the
regulations.
Royalty : A portion of the
gross profit gained from the mining operation.
Mining Fund : A fund formed
to maintain and support the mining activities.
Critical ore stocks : Ore
stocks reserved for the economic stability of the country.
Certificated technical
bureau : A private office, employing an engineer and a number of other staff
not objectionable for the national security, established to carry out the
duties other than supervision and control described in the regulations
particularly for verification of a data, evaluation, activity or project.
Ownership of the state
ARTICLE 4.- Minerals
are under the ownership and domination of the State, and are not considered
to be the property of the landowner where they are found.
Inheritance, transfer and
indivisibility of rights
ARTICLE 5.- Any
Priority right arising from denunciation, exploration licence, discovery,
preoperating licence and operation licence shall not be divided into parts
but shall be dealth with as one unit.
The mining rights and the
right of discovery may be transferred.
With the registration of the
situation to the "Mine Register" the transfer is completed.
The rights and obligations
arising from an application for an operation licence are transferred by
inheritance.
These rights and obligations
may be transferred, with the consent of the inheritors, to one of the
inheritors or to a third party meeting the requirements described in Article
6. In case of disagreement between the inheritors the court shall, upon the
application of one of the inheritors, decide to give these rights and
responsibilities to the most able one of the heirs, and if that is not
possible shall declare that the rights shall be sold. The court shall
determine such a case under the simple court procedure. In case the court is
not involved the licence, not transferred within six months, is abolished.
Transfer and inheritance
procedures are described in the regulations.
Transfer and inheritance of
the mining rights may not delay the application of this law.
Mining right
ARTICLE 6.- Mining
rights may be granted to the Turkish citizens able to practice all civil
rights set forth by the law, to corporate bodies formed under the relevant
law, to the State enterprises authorized in the mining activities, and other
relevant public administrations.
Mining licenses may be given
in the name of true or corporate bodies.
Employees of the State and
personnel working for the relevant public departments cannot acquire the
mining exploration, preoperation and operation licences.
If the Persons holding
mining exploration, preoperation or operation licences become employees of
the State they are obliged to transfer their licences of theirs within six
months.
Areas where mining
activities are subject to the permission.
ARTICLE 7.- Mining
exploration, preoperation and mining licences shall not be given for places
located within horizontal distance of 500 meters from the national
boundaries. Territorial waters, inland waters and places under these waters
are not subject to this restriction.
Mining exploration,
preoperation and operation activities in areas falling within municipal
construction planning zones of towns and cities may be carried out with the
permission of the concerning municipality. An exception to the provision of
the present paragraph is made for an area for which mining exploration,
preoperation or operation licence has been given and then the area is taken
into the construction planning zone of the municipality.
Mining activities in
forests, plantation areas, military zones, touristic areas and national
parks are subject to the permission according to the relevant laws.
Mining exploration,
preoperation and operation activities falling in areas within horizontal
distance of six meters from the public places are subject to the permission
of the Ministry.
Mining exploration and
operation for places located within horizontal distance of 60 meters from
private buildings and of 20 meters from court- yards and gardens are subject
to the permission of the proprietors. Persons proceeding with the mining
activities in areas mentioned in this article are liable to a punishment
amounting one third of the guaranty deposit. If the same offence is repeated
all amount of the deposit is confiscated and the licence is abolished.
Cases in which mining
licences cannot be granted
ARTICLE 8.- Mining
exploration, preoperation and operation licences are not granted for an area
for which one has already been given.
Mining incentive measures
ARTICLE 9.- Mining
investments may benefit from the privileges granted to the areas having
priority in regard to development.
Minerals falling within the
provisions of the preceeding paragraph are decided upon the prevailing
circumstances.
Way of declaration
ARTICLE 10.-
Technical and economical declarations made and reports prepared by the
authorized persons during the mining activities are considered to be true.
Technical personnel can make
declarations and may be held responsible for their fields. Licence holders
are responsible for all but technical declarations.
Faulty and insufficient
declarations may, by giving a reasonable explanation, be corrected within
two months following the date of the first submission. However, untrue,
deceptive, preventive and unrightfull declarations of the technical
personnel shall be considered invalid for three years following the
clearence of the situation. This situation shall be reported to their
professional bodies.
A licence holder committing
such crimes or causing others commit such crimes shall be punished by
accounting his guaranty deposit to the Mining Fund and his guaranty deposit
is increased five times the original amount. In case deposits are not
complete provisions of Article 13 are exercised. If the crime is repeated
the licence is abolished and deposits are accounted to the Mining Fund.
Provisions of the Turkish
Penal Coda are reserved
ARTICLE 11.- The
Ministry of Energy and Natural Resources conducts an investigation report,
with the cooperation of the concerning specialised governmental departments,
on technical and financial matters on site for the purpose of supervision
and direction of all mining activities and requirements.
Provisions of Article 10
apply to untrue and/or deceptive declarations made and disclosed following
an investigation done in accordance with the preceeding paragraph.
Particulars of the
investors, the manner the investigation is conducted and the preparation of
the reports and the settlement of other relevant issues are described in the
regulations.
Weighting receipt and
transportation certificate
ARTICLE 12.- A
transportation certificate and a weighting receipt, issued from the nearest
weighting post on the route of transportation, must be obtained. If these
requirements are not met the provincial authorities seizes the mineral and
prepares the legal documents for the court.
Persons or firms breaching
the provisions of the preceeding paragraph are subject to a fine amounting
five - fold the current value of the mineral and the mineral is confiscated.
Upon the court's decree, the
confiscated mineral is sold and the revenue is accounted to the Mining Fund.
Following an inquiry if it
is found that the licence holder has transported the mineral not in
compliance with the provisions of the first paragraph the deposit is
collected for the Mining Fund.
Ores extracted by persons
non-grata shall be temporarily upheld and the provisions of the first
paragraph apply. Extraction of a mineral in this manner is concidered to be
a crime committed against the State Property.
Levies and deposits
ARTICLE 13.- All
kinds of mining licences are granted with the settlement of the duties and
levies and guaranty deposits determined by the Act of Duties and Levies. On
abandoning the mining site the remaining hart of the deposit is returned.
The deposits are
proportional to the size of the mining area : 250 TL. per hectar for an
exploration licence, 500 TL. per hectar for a preoperation licence and 1000
TL. per hectar for an operation licence. These quantities are determined
each fiscal year and/or reevaluated according to the prevailing economic
conditions.
The boundaries of the
licence area may be altered maximum twice on the application of the licence
holder. Different licences for the adjacent mining fields may be combined
into one on application. The deposits are reevaluated according to the last
situation. The alteration of the licence areas, combination of licences
shall be done according to the regulations.
The portions of the deposits
accounted to the Mining Fund, and if the drawals according to this act are
not brought up to the aggregate sum within three months the remaining
deposit shall be accounted to the Mining Fund. If the deposit is not
refunded within the newt three months period the mining licence shall be
abolished.
Royalty
ARTICLE 14.- 5 % of
the gross profit obtained from the mining operation shall be paid as the
royality to the Treasury and another S % shall be paid to the Etibank as the
Mining Fund contribution. These sums are calculated and realised by the
relevant department until the evening of the last day of March annually.
(Chanched as follows)
21.02.2001: 10% of the gross
profit obtained from the mining operation shall be paid as the royality to
the Treasury. These sums are calculated and realised by the relevant
department until the evening of the last day of March annually.
For the firms which extract
and use the ore as raw input material in their own factories the royalty is
calculated by taking the gross revenue as being minimum 30 % of the total
cost shown in the balances.
The balances forming the
base for realisation of the royalty and the fund contributions are assessed
according to the regulations.
Denunciation and discovery
rights
ARTICLE 15.- The
right of denunciation arises upon the application of every adult Turkish
citizen to the relevant department for a mining field which has not
previously been granted an exploration and pre- operating licence with its
kind, place and dimensions.
Licence holder is also
considered to be the discoverer of the mines discovered during the
exploration and preoperation periods.
Preceedings relevant to the
denunciation and discovery rights are described in the regulations.
1 % and 2 % of the gross
revenue paid to the relevant department as the right of denunciation and
discovery respectively before the end of the last day of March annually by
the licence holder. The costs of the denunciation and discovery rights not
settled within a predetermined period are deducted from the licence deposit
by the relevant department and are paid to the right holder.
If the sums concerning the
denunciation and discovery rights remain unsettled until the end of the last
day of the same year without a force majeure then these sums are accounted
to the Mining Fund.
First application for an
exploration licence
ARTICLE 16.- Mineral
explorations are carried out with an exploration licence. Separate licences
are granted for marbles up to 250 hectars for minerals contained in
lakewaters up to 2000 hectars and for all others one licence and without a
field limitation.
The right of priority is
essential for applications. Applications are done to relevant department
based on 1/25000 scaled maps. The applicant is informed whether the field is
available. The available part of the field is reserved for 15 days provided
that one tenth of the deposit, calculated according to Article 13, is
accounted to the Mining Fund as the reservation fee. Applications not
completed within a specified period are cancelled.
Exploration licences are
granted to applications for which all formalities are completed and levies
and deposits are settled.
The manner an exploration
licence is granted according to this article is described in the
regulations.
Stages of exploration
activities
ARTICLE 17.- An
exploration licence is granted for three eight month stages for exploration
and a six month stage for preoperation project (total 30 months). This time
period shall not be extended.
The licence holder must
submit the exploration activities reports (prepared by at least one
geological engineer and a mining engineer), the preoperation project
(prepared at least one mining engineer) and the operation project (prepared
at least one mining engineer) to the relevant department by the end of the
last day of the exploration period.
One forth of the deposit
shall be returned to the licence holder if the project or the activity
report are submitted in time. If the reports and projects are not submitted
in time, deposits for that period are accounted to the Mining Fund.
It is essential to submit
the reports of all exploration activities before the end of the exploration
licence period to apply for an operating licence.
Exploration licences for
which the prerequisites are not fulfilled are nullified at the end of their
periods and are opened to new explorations.
The manner the activity
reports, the preoperation projects and operation projects are prepared is
described in the regulations.
Borders of exploration
ARTICLE 18.- The
exploration licence holder may prospect, in order to fulfil the requirements
of the technical necessities of the exploration, within the neighboring
licence areas provided that the neighboring field or operations are not
subjected to any damage. In case the exploration licence holder detects a
new mineral appearance, not recorded previously, within the operating
licence areas only the right of denunciation arises according to the
provisions of Article 15.
Preoperation licence
ARTICLE 19.- The
exploration licence holder may apply for a preoperation licence by stating
that the results of the exploration are satisfactory and greater
opportunities may arise for the operation of the mine.
The exploration licence
holder who has completed all kinds of formalities may apply for a
preoperation licence.
The formalities to be
fulfilled for a preoperation licence and the manner the preoperation
projects are prepared are described in the regulations.
Preoperation activity
ARTICLE 20.- The
period of the preoperation licence is for three years. This period cannot be
extended. The preoperation activity report must be submitted to the relevant
department with maximum one year intervals following the grant of the
licence. One third of the deposit is returned on the submission of the
reports of the activities. Otherwise, the: deposit is accounted to the
Mining Fund.
The manner in which the
preoperation of the preoperation activity reports is described in the
regulations.
Extraction of the ore during
the exploration and preoperation periods
ARTICLE 21.- The
licence holder may extract and sell one tenth of the proven ore indicated in
the activity report during the exploration and preoperation licence periods.
If the quantity exceeds one tenth, the provisions of Article 12 apply. The
extraction of the ore is done under the supervision of a mining engineer.
Opening of the fields to new
explorations
ARTICLE 22.- During
the exploration licence period if the licence holder declares that a
feasible reserve has not been found, or the licence holder abondones the
field on his desire, or the licence holder does not apply for a preoperation
or operation licence, or his licence is abolished according to the
provisions of Article 17, the field is automatically opened to new
explorations.
Informations concerning the
field opened to new explorations in the above manner are announced by the
relevant department and the provincial authorities for 60 days. If there is
no application within 60 days the boundaries of the field are deleted and
the field is opened to new explorations. If there is only one application,
the licence right arises according to the provisions of Article 16. If there
are more than one application, a public auction is held by the relevant
department and the revenue is accounted to the Mining Fund.
Annulment of the
preoperation licence
ARTICLE 23.-
Preoperation licences granted according to the pro- visions of Article 20
are abolished if the licence holder does not apply for an operation licence
by submitting an operation project at the end of the licence period.
Preoperation licences
abandoned, or are no longer valid, or abolished, are adjusticated according
to the provisions of Article 30.
Application for an operation
licence
ARTICLE 24.- The
operation licence right arises upon the application of the licence holder to
the relevant department before the end of exploration and preoperation
licence period.
It is essential, in order to
obtain an operation licence, to submit the size of the economic reserve, the
borders of the operation field which may, in the future, be subjected to a
reduction, the order of preference of the operation of the various parts of
the field and the project of the ore to be operated first.
Proceedings to grant the
operation licence, the manner the operation project is prepared and its
content are described in the regulations.
Duration of the operation
licence
ARTICLE 25.- Duration
of the operation licence cannot be less than 10 years. This period may be
extended provided that the relevant department explores in the field without
causing any loss of ore and a substantial investment has been done in the
field.
Total duration cannot,
however, exceeds 60 years. The duration starts from the day on which the
licence was granted.
Operation permission
ARTICLE 26.- The
operation licence holder cannot work without obtaining an operation
permission upon the submission of a project for any mineral within the
field.
First operation permission
is granted according to Article 24 together with the operation licence upon
the submission of the operation project to the relevant department. Within
six months from the day on which the permission was granted, the licence
holder must start to work in the field. Otherwise the licence is abolished.
The manner, the operation
permission is granted is described in the regulations.
Intransferability of the
operation permission
ARTICLE 27.- The
operation permission cannot be transferred. The operation licence can be
transferred as a whole as described in the regulations.
Operating the minerals
ARTICLE 28.- The
operation licence holder is obliged to operate the mines in the stated order
with maximum five year intervals according to the provisions of Article 24.
Operating activities
ARTICLE 29.- All
activities concerning the each operation within an operation licence are
carried out seperately.
Alterations on a project
must be reported to the relevant department. Otherwise provisions of Article
10 apply.
During the operation, the
licence holder must submit the operation activities report for each
operation, the production map, the balances, the exploration activities
report and the production projections for the coming year to the relevant
department before the end of March of each year.
If the conditions mentioned
in the preceeding paragraph are not fulfilled twice the deposit is accounted
to the Mining Fund. The licence is not nullified if all inconveniences are
remedied within three years.
Persons arranging the
operation activities reports, production maps and the production programmes
and the manner, these are done, are described in the regulations.
Adjudication
ARTICLE 30.- The
operation permission fields abolished, abandoned or reduced for any reason
are adjudicated by the relevant department in a public auction on a date
decided by the department. Prior to the public auction these fields are
announced for three months.
The minimum price for the
public auction shall not be less than the amount of the deposit
corresponding the purchase of the licence. The person offering the highest
price obtains the licence.
If at the end of the public
auction no one demands the field, a three month period is awaited to pass
after which the first applicant is granted the licence provided that the
applicant undertakes the sum, equivalent to the deposit, as the cost of the
adjudication. If no one demands the field after three months, the field is
automatically opened to explorations.
Technical controller in the
operation
ARTICLE 31.- The
holder of an operation permission is required to appoint at least one mining
engineer for technical control.
Duties and responsibilities
of the technical controller are described in the regulations.
Abandonment
ARTICLE 32.- The
Holder of a licence may, during any licence period, demand to abandone the
field by stating that he shall not carry out any mining operation in his
field and he shall give up his right of licence in a petition to the
relevant department.
However, the licence holder
should annex a report to the petition showing the final situation and also
he has fulfilled all safety measures required. Following a check up by the
Ministry if it is seen that everything is as declared, the remaining part of
the deposit is returned.
Abandoned licence fields are
reopened to new explorations by re- moving their borders. The provisions of
Article 30 are reserved.
Transfer of the
installations
ARTICLE 33.-
Following the annulment, abandonment or at the expiration of the
exploration, preoperation or operation licences the shafts, tunnels and
their reinforcements shall be transferred to the State without payment of
indomnity to the licence holder.
The installations,
equipment, tools and materials which fall outside the rules of the
preceeding paragraph remain as the property of the former licence holder.
Mining Fund
Mining Fund (Article 34) is
canceled in 21.02.2001
ARTICLE 34.- A Mining
Fund has been established under the super- vision of the Ministry of Energy
and Natural Resources to provide financial credits for exploration,
technical research, development, project preparation, installations,
construction, production and export activities.
Resources of the fund are as
follows:
1. transferred deposits,
2. revenues obtained by
selling the confiscated ore and materials, 3. public auction revenues,
4. shares from the export
and import of minerals,
5. budget allowances, and
6. other incomes.
Functioning of the law is
not subject to the rules of the General Accountancy Law, the State
Adjudication Law and the Allowance Law. The supervision of this law is
subject to the provisions of the Government decree issued on 20th October
1983 and numberred 72. This fund can be used, on the recommendation of the
Counsel of Ministers for stocking of the critical minerals, support buyings
and to subsidizie export done on a loss. The particulars of the fund are
described in the regulations.
Meeting the investigation
cost
ARTICLE 35.-
Expenditures going to the investigation of the mining activities and
declarations are met from the Mining Fund and are after- wards collected
from the licence holders as described in the regulations.
Protection of the covery,
leftovers and slags
ARTICLE 36.- If ores,
metals, coveries or slags formed or produced during the mining activity
contain valuable materials but economic evaluation of them is not possible
at the prevailing conditions of the day and also they do not threaten the
environment, they are preserved seperately for a future utilization.
Quantity, physical properties, results of chemical analyses and heaping
places of the coveries and leftovers are shown in the maps.
Quarry byproducts, within
the operation licence area, may be appraised by the holder of a licence.
Upon the termination of an
operation licence, due to any reason, the relevant department can sell the
extracted but not yet sold ores, the coveries and slags in a public auction
and the revenue is accounted to the Mining Fund. The manner this is done is
described in the regulations.
One third of the deposits of
those who acts contradictorily to the first paragraph is deducted and the
sum is accounted to the Mining Fund.
Stoppage due to force
majeure
ARTICLE 37.- Upon the
request of the holder of a preoperation or operation licence of a mine,
based on compelling or unforeseen circumstances, the temporary suspension of
the mining activities may be decided by the relevant department.
The holder of the licence is
obliged to start normal activity within six months of the removal of the
reasons which casued this temporary suspension.
Half of the deposit of a
licence holder who do not act in accord with the second paragraph is
accounted to the Mining Fund.
Form and particulars of the
mine register
ARTICLE 38.- The mine
register, containing all mining rights and activities on technical and
financial matters, is kept by the relevant department as described in the
regulations.
Transfer of the mining
licence, lien, security and mortgage or termination are recorded in this
register.
The mine register is open
(public). The concerning persons may ask for the register records in the
presence of one of the registration personnel: It cannot be claimed that the
record in the mine register are unknown.
The mining rights do not
mean any thing unless confirmed.
Liens on ores
ARTICLE 39.- The
holders of exploration, preoperation and operation licences after written
application to the relevant department, give liens on mineral ores which
have been produced to the persons indicated in the request without that
person holding the ores. This situation is entered into the mine register.
Sale of the ore under lien
is possible after obtaining the written permission of the lien holder.
The manner the register of a
lien is kept and other proceedings are described in the regulations.
Attachment and precautionary
measures
ARTICLE 40.- No
attachment can be placed nor precautionary measures be taken on the shafts,
pits, and tunnels or the machines, buildings, transportation equipments
above or under ground, installations and equipment to increase the value of
the mineral such as for extraction, dressing and smelting, as well as on
material needed for operation for one year.
However attachments can be
placed and precautionary measures taken on the preoperation or operation
licence as a whole, including the property mentioned in the first paragraph
and the slag. The right of lien of the third person is reserved.
The sale of a mine as a
whole by the Magistrate's office is subject to the procedures described in
Article 43.
Mine operation not be
interfered with attachment and precationary measures
ARTICLE 41.- In the
event of an attachment or precautionary measure taken on a mine as a whole
or on the ores, remnants and slags, and in the case of sales of the above by
a Magistrate's office, neither the creditor nor the Magistrate's office may
stop the mine operation, nor interfere with it.
Mortgage and its extent
ARTICLE 42.- The
holder of a preoperation or operation licence of a mine may contract
mortgage of one or more degrees or kinds on the mine as guarantee for a debt
arising from a loan contracted for the mine or debts which he will contract
or which it is probable that he will contract to this end.
In case of change of an area
occuring within the mortgaged pre- operation or operation licences the
existing mortgage shall be effective under the same conditions on the newly
created preoperation or operation licence without the necessity of any
procedural work.
The whole of the
installations equipment, tools and materials enumarated in the first
paragraph of Article 40 which constitutes an integral part of the
preoperation or operation licences fall within the scope of the mortgage.
Duration of a mortgage
cannot extend beyond duration of the licence.
The holder of a mortgage may
demand that a notation be made in the land title register within general
provisions therefore, in order that the holder of the preoperation or the
operation licence may not dispose of real estate constituting an integral
part of the preoperation or operation licence, and which is recorded in the
land title register.
In the event of expiration
of the preoperation or operation licence for the mine the mortgage has power
only on the installations, equipment, tools, and materials outside of the
ones enumarated in the first paragraph of Article 32.
The mortgage on a mine
becomes null by deleting the record of mortgage in the mine register.
Conversion of mortgage into
money
ARTICLE 43.- If the
mortgage expires, or the debt becomes payable, the creditors may, in order
to recover the debt cause the preoperation or operation licence which was
mortgaged, to be sold under general legal provisions.
The person who wishes to
acquire the preoperation or operation licence must have the required
qualifications under the law for acquiring such licences. The bidder proves
that he possesses these qualifications through a certificate which he
obtains from the Ministry. The Magistrate's office shall conduct the sale
among bidders who have presented this document.
The Magistrate's office
notifies the Ministry concerning the result of the sale. This is entered in
the mine register. The notation relative to the mortgages is deleted and the
transfer is completed.
Personal liability
ARTICLE 44.- The
holder of an operation licence for a mine is equally responsible personally
for the indebtedness guaranteed by the mortgage on the mine.
The transfer to another
person of mortgaged preoperation or operation licence does not modify in any
way the situation of the debtor through transferring this preoperation or
operation licence and the mortgage guaranteeing the debt is maintained
unchanged.
However, if the person
acquiring the preoperation or operation licence personally accepts and
assumes the debt guaranteed by the mortgage, and the debtor, to whom this
fact has been made known in writing by the Ministry, does not communicate by
writing within one year to the effect that reserves his licences towards the
original debtor, this latter who transfers the preoperation or operation
licence is freed of his debt.
References to the Civil Code
ARTICLE 45.- Articles
of the Civil Code pertaining to mortgage are applicable to mine mortgages.
Temporary occupation,
usufruct and condemnation
ARTICLE 46.- The
holder of the exploration licence may request the temporary occupation or
usufruct of the private real estates for the mining purposes, located within
the licence area by applying to the Ministry.
The sum is returned to the
rights of the temporary occupation and/or usufruct is decided by a group of
experts in compliance with the Law of Condemnation.
Following the expiry of the
exploration period, if a request arises for preoperation licence the
duration of the temporary occupation and/or usufruct thus established can be
extended provided that the extention does not exceed preoperating period.
In case the field suffers a
damage, the licence pay a sum which is determined by the Court to the
landowner. The licence holder is also obliged to put the land back into
utilizable conditions.
During the operation licence
period, if an agreement is not reached between the parties on matters
concerning the real estates condemnation may, on the request of the licence
holder, be realised according to the provisions of Law No. 2942 by the
Ministry.
Rights concerning the
activities of MTA
ARTICLE 47.- MTA may,
without any licence or permission, explore in any field in accordance with
the provisions of Article 18.
According to the provisions
of this law MTA obtains the right of exploration, preoperation and according
to Article 24~ earns the right of discovery of the mineral appearances
detected and transfers the licence during the licence period. Licence not
transferred during this period are abolished.
Establishment of technical
bureaus on oath and their responsibilities and limitations
ARTICLE 48.-
Technical bureaus on oath are formed with the permission of the Ministry to
carry out duties, excluding the supervision and control, prescribed in the
regulations.
These bureaus are formed by
the engineers having at least seven years of professional experience.
Formation of more than one
technical bureaus in the job and population intensive areas is subject to
the permission of the Ministry.
If a town or province a
technical bureau cannot be established or a previously established bureau is
shut down due to lack of jobs, a bureau in a neighboring province is
assigned.
Owners of the bureaus and
the persons employed by the bureaus and their relatives are not granted the
exploration, preoperation and operation licences.
Formation of the technical
bureaus, quality of the personnel working in these bureaus, the payment
tariffs, the work conditions and other matters are described in the
regulations issued by the Ministry.
If the personnel working for
these technical bureaus commit a crime they are regarded as public employee
and are punished accordingly. If the owner of the bureau commits these
crimes his bureau is closed and he cannot serve for another bureau.
Personnel of the bureau participated in the crime cannot work in another
bureau of the same kind any more.
Certificated technical
bureaus are subject to the control of the Ministry
ARTICLE 49.-
Provisions of Law No. 2840 are reserved. Nevertheless, exploration and
operation of boron, trona and asphaltite discovered after the effective date
of this law are subject to the provisions of this law.
The method and fundamentals
concerning the export of these minerals are decided by the Counsel of
Ministers.
ARTICLE 50.-
Exploration and operation of uranium and thorium are subject to the
provisions of this law following the effective date of this law.
The ore produced is sold to
the State or to buyers determined by the Counsel of Ministers.
Repealed Laws
ARTICLE 51.- Law No.
6309 and its annees and its modifications are repealed.
Mining Department
ARTICLE 52.- Within
six months following the effective date of this Law the Mining Department is
staffed with personnel and equipment technicaly and administratively capable
to execute this Law by the Ministry of Energy and Natural Resources.
TEMPORARY ARTICLES
T. ARTICLE 1.-The
licences cancelled previously for various reasons at the effective date of
this law concerning, at stages of the General Application File (GMD), the
First Investigation, the Project Investigation, the operation licence, the
operating rights regardless vf reconsideration of its borders shall
automatically be open to explorations.
This decree shall be valid
for the licences granted during the Ottoman Empire to the known minerals.
Applications shall start
from the day which is announced according to the provisions of Temporary
Article 5 and all applications done within the first week shall be
considered to be done on the same day.
The lists of the fields
confirmed by the Ministry which are open to explorations shall be announced
for one month before the acceptance date of the applications and be at
access of all at the concerning department.
If there are more than one
application to the same field, the person who contributes the largest sum to
the Mining Fund shall be granted the licences.
The right of discovery of
the field having the operating licence and the operating privilege is
reserved.
T. ARTICLE 2: The
general Application File, the First Investigation, the Project
Investigation, the Operation licence, operating right effective at the
effective date of this law according to Law No. 6309 shall continue their
activities - at whatever stage they may be - limited to the minerals they
are granted according to the provisions of this law.
Applications at the stage of
the General Application File are abolished according to the law if they
shall not settle the approiate deposits for the fields within five months to
the relevant department.
The licences of exploration,
the first investigation and the project investigation are obliged to request
for preoperation or operation licences by submitting the exploration
activities report prooperation project or operation project and by settling
the required deposits and levies as described in the regulations within
eight months following the effective date of this law.
The holders of these
licences may reduce the licence area, for once only, by applying to the
relevant department.
If a mineral is discovered
by the licence holder within the licence area and if this situation is
indicated in the activity reports, and if area and if this situation is
indicated in the activity reports, and if other rights have not been granted
to others, the right of preoperation and operation licences arises for the
mineral provided that a project is submitted.
The holders of the valid
operating licences and operating privileges are obliged to amend their
projects within eight months in accordance of the provisions of this law.
Additionally, they are obliged to settle the deposits and levies - and the
Royalty and the right of discovery if any - and to prepare the activity
report, the balances as described in the regulations, according to the
provisions of this law. If double payments arise these are deducted from the
debit accounts.
The licences not amended or
not fulfilling the requirements shall be abolished.
The provisions of Article 10
apply to deceptive, incomplete or untrue declarations.
The areas whose licences
have been abolished according to this article shall automatically be open to
explorations.
In case where licence areas
overlap and the licence holders cannot settle the dispute among themselves
the mining right shall be granted to the person who makes the largest
contribution to the Mining fund.
This procedure is carried
out in the presence of the concerning licence holders at the relevant State
department by a public auction.
T. ARTICLE 3.-
According to Law No. 6309 and at the effective date of this law all advance
payments made by the licence holders shall be accounted to the Mining Fund.
T. ARTICLE 4.- The
quarry licence holders, for marble, clays (kaolin kaolinitie,. dickite,
alunitic kaolin, nacrite, halloysite, glausecolite, allophane, imogolite,
spherstone, refractory clay, fire clay and binder clay) consisting at least
15 % A12 03 and feldspar, who continue their activities granted by the
provincial Government requested an extention to their activities before the
effective date of this law, shall be granted an operating licence provided
that the apply and settle - according to this law the deposit and levies and
by submitting the projects to the relevant department.
All quarry licences applied
for within the appropriate period according to Article 2 of the Mining Law
No. 6309 and awaiting to be comprised by the new law shall be granted
operating licences without a decree of the Counsel of Ministers provided
that the requirements of the first paragraph are fulfilled.
The applications done to the
Provincial Government until lst January 1985 for marble, clay and feldspar
quarry licences provided they have settled their arrangements with the
landowners and certify their applications with an official document, and by
settling the deposits and levies within two months from the effective date
of this law; according to the provisions of this law and by submitting the
preoperation project shall be granted the operation licence by applying to
the relevant department. Otherwise, their applications will be abolished.
The quarry licences not
completing the transitions shall be abolished at the end of the given
period.
The licences thus abolished
shall be auctioned according to the pro- visions of Article 30.
The two months period may be
extended, for once only, by two months by the Ministry.
T. ARTICLE 5.-
Applications for exploration licences shall not be accepted for six months
from the effective date of this law.
T. ARTICLE 6.-
Applications for the mining licences shall be done to the relevant
department in Ankara until the provincial departments are supplied with the
required documents and equipment.
T. ARTICLE 7: The 18
month period, granted to the former licence holders on ores, stowed
remainders, stocks of slags and coveries extracted in the fields of boron
salts indicated in the Temporary Article of Law No. 284~0, is extended to
December 1986. The transportation of the said materials, the Royalty payable
and the Mining Fund contribution and the declarations to be done are subject
to the provisions of this law.
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