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Today, there are basically two ways to establish an electricity power generation facility. The first of these is Unlicensed Electricity Generation and the other is Licensed Electricity Generation.
The "Autoproducer License", which enables a facility or a person to generate electricity to be consumed by himself, has been abolished with the Electricity Market Law ("Law") that entered into force in 2013. On the same date, another regulation that can be used for this purpose, the "Unlicensed Electricity Generation" path was introduced.
Due to the increase of market share of renewable energy sources and these sources being both environmental friendly and economically advantageous, an important tendency has been observed towards this area in our country recently. Along with large-scale projects, important regulations are being entered into force by the legislator for the popularization of small scaled and rooftop SPPs as well and various resolutions are being published by Energy Market Regulatory Board (“EMRA”).
Turkey has been known with its potential of mine variety which also attracts the attention of the foreign investors. However, despite several amendments made to the Mining Law numbered 3213 (the “Law”) which came into force in 1985 over years, the mining sector has not developed as expected. Therefore, it was a necessity to remove the loopholes in the Law and find solutions for the problems in the mining sector. In that respect, the Law numbered 5995 which makes significant amendments to the Law was published in the Official Gazette and came into force on June 24, 2010.
Today, items such as clay, sand, gravel, limestone, rock, and the aggregate needed in constructions and similar activities are procured directly from agricultural lands by construction companies as a result of an agreement with the owners of such lands instead of construction companies buying the said materials elsewhere. However, since these materials are categorized as mineral under Mining Law, certain licenses and permits should be obtained for such activities. Sanctions to be imposed against a company with regard to its mining activities on a third party’s land without obtaining due mining licenses should be evaluated under Mining Legislation, Law on Soil Protection and Land Use, and Civil Law: