Transfer Of Mining Licenses And Rights

Introduction

Pursuant to Article 168 of the Constitution of the Republic of Türkiye, natural resources and wealth are under the authority and disposal of the State. Since minerals are also considered within this scope, the right to explore and operate them belongs, as a rule, to the State. However, the state may transfer this authority for a limited period of time to natural and legal persons, provided that the conditions determined by law are met.

Mining rights refer to the set of rights and obligations arising from licenses and permits granted over minerals. As defined in Law No. 3213 on Mining ("Law"), mining rights include the authorities relating to exploration, discovery, and operation activities. Within this scope, rights such as exploration and operation, discovery, priority, easement and usufruct, reserve development, and the right to request expropriation are also encompassed under mining rights. In this study, we will address the transfer of mining licenses and the