Introduction

The conduct of mining activities requires not only the acquisition of the relevant mining rights and licences but also a legally valid right to access and use the land on which such activities will be carried out. Accordingly, the mining licensing process and the process for securing land access constitute separate but closely interconnected legal aspects of a mining investment.

Under Article 4 of Mining Law No. 3213 (the “Mining Law”), minerals are under the jurisdiction and disposal of the State and are not subject to the ownership of the land in which they are located. As a consequence of this principle, ownership of land does not automatically grant the landowner rights over the minerals located underneath that land. Conversely, holding a mining licence does not automatically grant the licence holder ownership of, or an unrestricted right to use, privately owned land located within the licence area.

Indeed, Article 24 of the Mining Law requires the relevant land ownership permission, together with the other applicable permits, to be obtained and submitted to the General Directorate of Mining and Petroleum Affairs (“MAPEG” or the “General Directorate”) before an operating permit may be issued. Article 111 of the Mining Regulation similarly requires the environmental impact assessment decision, private property permission and workplace opening and operation licence to be obtained within three years following the effective date of the operating licence.

Against this background, the applicable land access regime varies depending on whether the relevant land is privately owned, owned by the Treasury or under the jurisdiction and disposal of the State, or subject to a special legal regime applicable to forests, pastures, agricultural land or other protected areas.

Distinction Between Mining Rights and Land Ownership

One of the fundamental principles of Turkish mining law is the separation between mining rights and ownership of the surface land. Article 4 of the Mining Law expressly provides that minerals are not subject to the ownership of the land in which they are located. Accordingly, the ownership rights of the landowner and the mining rights of the licence holder may coexist in respect of the same geographical area as distinct legal interests.

This distinction is particularly relevant where the licence area overlaps with privately owned land. Although the licence holder may hold the right to explore for or exploit minerals under its mining licence, conducting activities on privately owned surface land may require a separate legal basis, such as the landowner’s consent, a contractual right of use, an easement or usufruct right or, where the relevant statutory conditions are satisfied, expropriation.

Article 118 of the Mining Regulation complements this framework. As a general rule, the written consent of the landowner is required for mining activities to be conducted on privately owned land and within twenty metres of such land. Activities within sixty metres of schools, hospitals, libraries, roads, railways and similar places or facilities allocated to public services or public use are additionally subject to the permission of the General Directorate.

Access to Privately Owned Land

Article 46 of the Mining Law constitutes the principal statutory basis governing access to privately owned land.

During the exploration period, where the exploration area is located on privately owned land, the licence holder may apply to the General Directorate for the establishment of an easement or usufruct right for a specified period and for purposes relating to the use of the relevant land. The consideration payable for such right is determined by experts appointed in accordance with the principles of Expropriation Law No. 2942 (the “Expropriation Law”). If the project subsequently proceeds to the operation stage, the duration of the existing easement or usufruct right may be extended, provided that it does not exceed the operating period, or a new right may be established.

The Mining Law also permits the establishment of easement or usufruct rights for water, natural gas, electricity and communication lines brought from outside the licence area for facilities to be established within or adjacent to the operating licence area. Article 70 of the Mining Regulation further addresses access rights required for roads and mineral transportation lines.

In practice, a licence holder may first seek to secure access through a sale, lease, consent, right of use or other contractual arrangement with the landowner. Where an agreement cannot be reached and the relevant land is necessary for mining operations, the expropriation mechanism available under the Mining Law may become relevant.

Treasury-Owned Land and Land Under the Jurisdiction and Disposal of the State

The Mining Law establishes a specific regime for land owned by the Treasury and land under the jurisdiction and disposal of the State.

Pursuant to Article 46 of the Mining Law, no rent or occupation compensation is charged for mining activities conducted on such land. Article 117 of the Mining Regulation further provides that these areas are deemed allocated to mining activities for so long as the mining activities continue. Where the relevant area is owned by the Treasury or is under the jurisdiction and disposal of the State, no separate permission is required on the basis of land ownership, although documentation demonstrating the ownership status of the relevant area must be submitted.

This rule should not, however, be interpreted as meaning that all categories of publicly owned land are freely available for mining activities without further permits. Forests, pastures, protected areas and land allocated to another public purpose remain subject to the applicable special legislation and the permitting requirements under the Mining Law.

State forests, for example, are subject to a specific permitting regime. Article 7 of the Mining Law was substantially amended by Law No. 7554 in 2025 and introduced a revised procedure for mining activities in State forests. The exploration and operation of minerals and the construction of mandatory mining facilities, roads, energy, water, communication and other infrastructure within State forests are subject to the regime established under the Mining Law and Forest Law No. 6831.

A separate regime also applies to pastures, summer pastures and winter pastures. Under Article 14 of Pasture Law No. 4342, the designated use of areas required for mining activities where reserves have been identified following exploration may be changed subject to the statutory conditions. Article 115 of the Mining Regulation further regulates applications to the relevant provincial directorate of agriculture and forestry for exploration activities requiring physical intervention and the subsequent change of designated use at the operation stage.

With respect to agricultural land, Article 116 of the Mining Regulation provides that a public interest decision must be obtained pursuant to Article 13 of the Soil Conservation and Land Use Law No. 5403 before mining activities may be carried out. Consequently, the relevant land access analysis must consider not only the registered owner of the land but also the legal classification and regulatory status of the relevant property.

Expropriation

In the context of mining investments, expropriation is a statutory mechanism that may be used where privately owned land is required for mining operations but the licence holder and the landowner are unable to reach an agreement.

Under Article 46 of the Mining Law, privately owned land required for mining activities during the operating licence stage may be expropriated where the parties cannot reach an agreement, the operating licence holder makes the relevant application and the Ministry of Energy and Natural Resources determines that there is a public interest in the expropriation. The process is conducted in accordance with the Expropriation Law and the relevant costs and expropriation price are borne by the licence holder.

Articles 67 to 69 of the Mining Regulation set out the procedural framework in greater detail. Expropriation is not an automatic right arising from the existence of a mining licence. The licence holder is first expected to attempt to reach an agreement with the relevant landowners and must submit evidence of notices delivered through a notary and the meetings held with the owners as part of its public interest application.

The application must also contain information concerning, among other matters, the type and quantity of the mineral reserve, the period required for production, whether alternative production areas exist within the licence area, the economic contribution of the project, expected employment, State royalty payments and the manner in which the land will be rehabilitated following the completion of mining activities.

In determining whether a public interest decision should be issued, the authorities consider not only the operational needs of the licence holder but also the reserve and project characteristics, alternative production possibilities, the benefits and disadvantages of the proposed activities for the regional and national economy, losses that may be suffered by the landowner, the effect of the expropriation on the landowner’s continuing economic activities and environmental considerations relating to the relevant area.

Where a public interest decision is issued, the decision and supporting documents are transmitted by the General Directorate to the governorate in which the relevant property is located. The governorate then completes the expropriation process in accordance with the Expropriation Law.

Importantly, the expropriated land does not become the property of the mining licence holder. Title is registered in the name of the Treasury and the property is allocated to the licence holder for use in mining activities for so long as the relevant mining rights remain in force. The licence holder bears both the expropriation price and the related procedural costs.

The Mining Regulation also contains safeguards relating to the continued use of expropriated property. Where no activity or facility consistent with the purpose of the expropriation is established within five years following the finalisation of the expropriation price, the former owner or its heirs may, subject to the applicable conditions, seek the return of the property. Similarly, if the property is no longer required for mining activities, the former owner is afforded an opportunity to reacquire the property at its applicable market value.

The availability of expropriation is also subject to limitations depending on the relevant mineral group. Under Article 67 of the Mining Regulation, expropriation is not available for Group I minerals, Group II subgroups (a) and (c), crushed stone and certain construction raw materials.

Urgent Expropriation for Strategic and Critical Minerals

Law No. 7554 introduced an additional land access mechanism specifically for strategic and critical minerals through the new Article 8 of the Mining Law.

Under Article 8, mining activities relating to strategic or critical minerals may be subject to urgent expropriation in accordance with the Expropriation Law. The amendment therefore creates a separate mechanism intended to facilitate land access for mining projects concerning minerals considered particularly important for national security, economic welfare and security of supply.

Accordingly, the classification of a mineral as strategic or critical may have consequences not only for licensing and mineral policy but also for the mechanisms available to secure the land required for the relevant project.

Considerations for Mining Investors

Land access is one of the principal factors determining whether a mining investment is legally and operationally capable of implementation. The existence of an economically exploitable reserve within a licence area may not in itself be sufficient where the necessary surface rights and land permissions cannot be secured.

A legal due diligence review of a mining investment or an acquisition of a mining company should therefore compare licence coordinates against title deed and cadastral records, examine existing leases, consents, easements and other access rights relating to privately owned parcels, assess the status of any pending expropriation proceedings and identify overlaps with Treasury land, forests, pastures, agricultural land and other areas subject to special regulatory regimes.

Investors should also consider not only whether the required land access rights currently exist but whether those rights will remain effective throughout the intended life of the mine, whether additional land will be required for future project expansions and how the timing of permitting or expropriation procedures may affect the overall project timetable.

Conclusion

Under Turkish mining law, a mining licence and ownership of the relevant land are legally distinct concepts. A mining licence grants its holder the right to explore for or exploit minerals within a designated area but does not automatically create ownership or unrestricted surface rights over all properties situated within that area.

The method by which land access may be secured depends on the legal status of the relevant property. Access to privately owned land may be based on contractual arrangements, easement or usufruct rights and, subject to statutory requirements, expropriation. A specific regime applies to land owned by the Treasury or under the jurisdiction and disposal of the State, while forests, pastures, agricultural land and other specially regulated areas remain subject to additional permitting and land allocation requirements.

Accordingly, identifying the legal status of the relevant land, securing the necessary surface rights and assessing applicable land permits at an early stage of a mining investment are essential both for managing legal risk and for establishing a realistic project implementation timetable.