Mining Law No. 3213 and Environmental Impact Assessment (EIA) Regulation regulate the environmental aspect of mining activities. The investor cannot start operations without going through the EIA process.
EIA Process
- Is EIA Required? Whether the activity is on the Regulation ANNEX-I/ANNEX-II lists.
- ANNEX-I: Full EIA process is mandatory (large-scale mines).
- ANNEX-II: EIA not required or selection phase (small scale).
- Public participation: Meeting + petition.
EIA Positive Decision - Cancellation Case
- Local people, non-governmental organizations and municipalities may object to EIA decisions.
- Annulment case in the administrative court.
- Request for stay of execution (before the activity).
- Expert reports (hydrogeologist, ecologist, agricultural expert).
Mining Risks
- Contamination of water resources (cyanide, heavy metal).
- Destruction of agricultural lands.
- Risk of landslide and flood.
- Air pollution (dust).
- Noise pollution.
- Loss of biodiversity.
- Local public health impacts.
6th and 14th Chambers of the Council of State — Established Approach
The 6th and 14th Chambers of the Council of State require "reasonable and scientific basis" in the annulment of EIA decisions; Cancellation decisions are made in cases where the report is neglected, alternatives are not evaluated, public participation is insufficient or the technical analysis is shallow.
2872 Environmental Law Liability
- Objective responsibility for environmental pollution.
- Compensation lawsuit (lost agricultural product, drinking water, health).
- Pecuniary damage.
- Environmental treatment expenses.
Penal Dimension
- TCK art.181-184 crimes against the environment.
- Administrative fines (Ministry of Environment).
- Operation suspension decisions.
- Cancellation of mining license.
Practical Advice — Local People
Practical Advice — Investor
Mining files are multi-stakeholder and long-term. Environmental and administrative law lawyer recommended.