Licence procedures
Exploration and operating licence applications, licence transfers, consolidation and extension requests.
Ankara --:-- · —
bilgi@utuhukuk.com
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Practice Area · 07
Mining Law
Exploration and operating licence procedures, administrative sanctions, licence cancellation actions and site disputes.
Last updated: · UTU Hukuk & Danışmanlık
Mining law is an area in which administrative law and technical regulation are closely intertwined. An apparently procedural shortcoming, such as failing to file an operating activity report on time or providing incomplete security, can result in cancellation of the licence.
UTU Hukuk & Danışmanlık handles licence application and transfer procedures, applications against administrative fines and suspension decisions imposed by the General Directorate of Mining and Petroleum Affairs, and licence cancellation actions.
The work also covers EIA processes, forestry and pasture permits, expropriation and the establishment of easement rights, and disputes arising from adjoining sites.
Scope
Which Mining Law matters do we handle?
UTU Hukuk provides litigation and advisory services in Ankara in Mining Law on the following matters: Licence procedures, Administrative sanctions, Permit procedures, Expropriation and easements, Security and state royalty and Site disputes. The headings below are the types of work we handle most often in this area. A preliminary meeting can also be arranged on a matter not listed here.
Administrative sanctions
Annulment actions against administrative fines, suspension of operations and licence cancellation decisions.
Permit procedures
Follow-up of EIA, forestry, pasture, business opening and operating licences, and environmental permits.
Expropriation and easements
Expropriation for mining sites, establishment of easement rights and actions for determination of compensation.
Security and state royalty
Security procedures, objections to state royalty assessments and payment disputes.
Site disputes
Overlaps between licence areas, allegations of encroachment and the law of neighbouring rights.
Authorities
Which authorities hear Mining Law cases?
Depending on their nature, Mining Law cases are handled before Administrative Court, Council of State, General Directorate of Mining and Petroleum Affairs and Civil Court of First Instance. The authority before which the matter is heard determines the applicable procedure and time limits from the outset. An application to the wrong authority usually results in lost time.
- Administrative Court
- Council of State
- General Directorate of Mining and Petroleum Affairs
- Civil Court of First Instance
Process
How do we work?
Every file goes through the same four steps. A stage that is rushed increases the cost of the one that follows.
Preliminary meeting
We listen to the subject of the file, its stage and the time limits. A conflict-of-interest check is carried out. The meeting is held by appointment and on a confidential basis.
Document review
Existing documents, service dates and the case file, if any, are examined. We establish which time limits are running and which rights can still be exercised.
Roadmap
Options are set out in writing together with their likely outcomes and costs. The engagement and the fee are agreed in a written contract before work begins.
Execution and reporting
Information is provided at every stage as the matter proceeds. Hearings, service and time limits are notified in advance; no surprises are left.
Q & A
Mining Law — frequently asked questions
Yes. An annulment action may be brought before the administrative court within sixty days of service of the cancellation decision. Because of the scale of loss caused by the suspension of operations, a request for a stay of execution is also important.
For administrative fines under the Mining Law the period runs from service of the penalty and is short. Making payment does not amount to waiving the right to bring proceedings, but the consequences differ.
The transfer agreement must be executed before a notary and approved by the General Directorate. The transferee must also satisfy the security and financial capability requirements.
An annulment action may be brought against a positive EIA decision or a decision that no EIA is required, both by the licence holder and by third parties. These actions turn largely on expert examination.
No. Activity carried out without a permit in areas classified as forest gives rise to both administrative sanctions and criminal liability.
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Related practice areas
Files rarely stay within a single area. The areas below are those that most often run alongside this one.
05Tax and Administrative LawObjections to tax penalty notices, settlement negotiations, annulment and full remedy actions, and administrative sanct…View 08Real Estate LawTitle deed cancellation and registration, construction in return for flats, expropriation, dissolution of joint ownership a…View 03Commercial LawFrom the formation of commercial contracts to the resolution of disputes; unfair competition, current account and commercial debt f…View
Let us assess your file together.
At the preliminary meeting we discuss the stage of the file, the time limits running and the available options. Meetings are by appointment and confidentiality is essential.