Energy and Mining Law in Turkey (2026) | Licensing, Permits, Compliance
Why this matters for investors
Energy and mining projects in Turkey sit at the intersection of public law permits, sector-specific licensing, environmental and social compliance, and contractual risk allocation (EPC, offtake, O&M, royalty/JV structures). The legal framework can be opportunity-rich—but it is also document-heavy and timeline-sensitive. Licensing milestones often lock in project value (or destroy it), and a single missing permit can stall commissioning, financing, or transfers.
This guide is written in a client-facing, investment-oriented style: it explains how the system works, which approvals typically control critical path, and where legal counsel adds measurable value in Turkey.
Key regulators you will deal with
Most projects touch multiple authorities. The “center of gravity” depends on whether you are building a power asset, operating a mine, or doing both (e.g., coal/lignite, critical minerals for batteries, energy infrastructure for mine sites).
- Ministry of Energy and Natural Resources (sector policy; energy and mining ecosystem guidance).
- Energy Market Regulatory Authority (electricity, gas, downstream petroleum/LPG market regulation; licensing and supervision).
- Energy Exchange Istanbul (EPİAŞ) (organized energy markets; renewable guarantees of origin / YEK-G market).
- General Directorate of Mining and Petroleum Affairs (MAPEG) (mining licensing/operations through e-Maden; petroleum/mining administration).
- Ministry of Environment, Urbanization and Climate Change (EIA/ÇED processes and environmental permitting framework).
- Ministry of Labour and Social Security (occupational health and safety baseline; critical for mines and construction sites).
Part I — Energy law in Turkey: what is licensed, and why?
1) The core electricity market framework
Turkey’s electricity market is built around licensing, grid connection rules, market balancing/settlement and supervision. The Electricity Market Law No. 6446 is a central pillar, covering generation, transmission, distribution, supply and market operation.
In practice, the legal “project lifecycle” is usually structured around:
- Company readiness (corporate formation, shareholder structure, compliance planning)
- Pre-licensing / licensing (depending on the project category)
- Grid connection and technical approvals
- Environmental and land/zoning permits
- Construction, commissioning, and market entry
The licensing architecture is designed so that major “bankability” questions are addressed early (ownership control, site, capacity, connection feasibility, and the main permits timeline).
2) Licensed electricity generation: a typical sequence
For licensed generation investments, Turkey follows a defined set of steps for documentation and application review (including pre-examination and evaluation).
From an investor’s legal standpoint, the make-or-break issues usually are:
- Connection capacity & grid constraints (technical feasibility translates into legal timelines)
- Land rights (ownership, easements, allocation, zoning status, interface with protected areas)
- Environmental approvals (EIA/ÇED triggers and scope)
- Change of control / transfer restrictions (licensing rules can restrict share transfers, pledges, or indirect control changes)
A practical legal strategy is to treat licensing as a compliance program rather than a formality: document discipline, version control, and “conditions precedent” management becomes essential for financing and M&A.
Renewable energy: incentives, certificates, and procurement models
1) Renewable Energy Law and support mechanisms
Turkey’s renewable energy framework is built on Law No. 5346 and the related support/incentive mechanisms that have shaped renewable investment over the last decade.
Depending on project type and commissioning date, incentives can include feed-in/support mechanisms (commonly discussed under YEKDEM practice), while large-scale projects may be developed through structured procurement/tender models (often referred to in market practice as “YEKA” tenders).
2) Guarantees of origin (YEK-G): why corporates care
A major commercial driver is the ability to document renewable sourcing. Turkey’s renewable guarantees of origin system (YEK-G) became operational in 2021 and is run through EPİAŞ infrastructure, enabling certification and market-based trading of renewable attributes.
Investor implication: YEK-G is not “just paperwork”—it can affect offtake negotiations with multinational buyers, ESG reporting, and corporate PPAs.
Oil & gas and downstream fuels: upstream vs. market regulation
Turkey separates upstream petroleum rights (exploration/production) from downstream market regulation (fuel trade, distribution, retail, etc.). Upstream petroleum activities are primarily governed by the Turkish Petroleum Law No. 6491, while downstream is linked to market legislation for petroleum products and natural gas/LPG.
Where legal work concentrates:
- Licensing applications and compliance reporting
- Joint operating agreements / farm-in / farm-out structures
- Midstream and storage arrangements
- Downstream permits, distribution contracts, and regulatory compliance audits
Geothermal and other energy sub-sectors
Geothermal investments are governed under their own legislation (commonly referenced as Law No. 5686 on Geothermal Resources and Natural Mineral Waters), which shapes exploration/operation rights and permitting logic.
Even when your core focus is mining, geothermal and energy infrastructure can matter because self-generation, process heat, and water/steam rights may become part of the broader permitting map for industrial projects.
Part II — Mining law in Turkey: licensing, operations, transfers
1) Mining Law No. 3213 and the license concept
Mining rights in Turkey are administered under Mining Law No. 3213 and secondary regulation. As a general principle, the state controls the mineral regime and grants operational rights through a licensing system rather than transferring full private ownership of mineral resources in situ.
For investors, the real asset is: the license, its scope, its geographic boundaries, its compliance record, and the permits attached to it.
2) The e-Maden system: practical access to licensing
Mining applications and workflows are handled through e-Maden, MAPEG’s electronic system, typically accessed via e-Government authentication routes. Investors should assume that the licensing journey is “digital-first” and process-driven.
Why counsel helps here: Because the system is procedural, many disputes are avoidable through correct classification, correct submissions, and proactive compliance scheduling.
3) Mineral groups and license types
Turkey classifies minerals into groups, and this classification impacts the applicable license type and operational obligations.
From a transaction perspective, mineral group classification matters because it can change:
- fees and financial obligations
- permit intensity (forest/pasture/heritage constraints)
- reporting/inspection frequency
- operational safety expectations
4) Transfer, change of control, and structuring
Mining (and energy) assets are frequently acquired via share deals rather than direct license transfers—because permits, contracts, and liabilities often sit in the project company. However, Turkish practice may still require regulatory approvals for transfers or changes that effectively move control.
The “investor-grade” way to approach transfers is to build a regulatory matrix at the start of the deal:
- which approvals are needed before signing?
- which approvals are conditions precedent to closing?
- which approvals can be obtained post-closing but within a compliance deadline?
Part III — Permitting, environment, ESG, and worker safety
1) Environmental Impact Assessment (EIA / ÇED)
Many energy and mining projects require an EIA pathway (or an exemption/negative decision route depending on thresholds and project characteristics). Turkey updated its EIA regulation framework, and the Ministry maintains the official regulation listing and related notices.
Practical investor point: EIA is not only an “environmental” issue—it affects land acquisition schedules, financing drawdowns, construction start dates, and stakeholder risk.
2) Occupational health & safety: a non-negotiable compliance pillar
Mines and construction-heavy energy projects sit in high-risk categories where safety compliance is central. Turkey’s Occupational Health and Safety Law No. 6331 is a baseline framework and shapes employer obligations on risk assessment, training, and safety organization.
Investors should also consider mine-specific operational safety expectations reflected in mining-sector compliance practice.
Deal implication: OHS compliance history can become a hidden liability—especially in asset acquisitions. A robust legal due diligence should test not only documents, but the operational reality (training logs, incident reporting, contractor controls).
Part IV — 2025 “Super Permit” reforms: what changed for mining and renewables?
In July 2025, Turkey enacted a major reform package commonly referred to in market practice as the “Super Permit Law” (Law No. 7554), published in the Official Gazette and also communicated via MAPEG announcements.
While the full impact depends on project specifics, the reform direction is clear: accelerate and centralize permitting, especially for strategic mining and renewable energy investments, and reduce multi-agency friction.
Examples highlighted in legal market analyses include:
- easing or restructuring permitting interfaces in forest/pasture and related land categories
- facilitating time-bound administrative coordination
- introducing mechanisms relevant to land acquisition / expropriation for certain renewable projects (subject to statutory limits)
Investor takeaway: For new projects, your timeline assumptions (and risk buffers) should reflect the post-2025 regime. For existing projects, you should assess whether the reforms create new options (accelerated permitting steps) or new obligations (stricter conditions, documentation, or supervision).
Land rights, easements, and expropriation: where projects often stall
Energy and mining assets are land-intensive. A project can be “licensed” and still be “non-buildable” if land rights are not secured cleanly.
A legally sound land strategy usually includes:
- ownership / title checks (encumbrances, zoning constraints, protected status)
- easement planning (access roads, transmission lines, pipelines, water rights)
- interface with public lands (forests, pastures, treasury lands)
- expropriation risk management (including urgent expropriation mechanisms where applicable under sector rules)
Transaction lens: Land is not just real estate; it is a permitting container. Buyers often overpay when land risk is not priced accurately.
Foreign investors: common structures and recurring legal questions
Foreign investment is widespread in Turkey’s energy and mining market. The recurring questions are less about “can foreigners invest?” and more about how to structure for bankability and compliance.
Typical legal workstreams include:
- project company formation and governance (shareholders’ agreement, reserved matters)
- licensing “fit” (whether the licensing timeline fits your financing timeline)
- local content or procurement obligations (where relevant)
- investment incentive strategy and documentation
- compliance systems (sanctions, anti-corruption, supply chain due diligence)
For licensed electricity generation investments, Turkey also provides published workflow guidance through official investment channels and ministry resources.
Contracts that drive risk allocation (and disputes)
A strong project is not only permitted—it is contracted correctly. In Turkey, the most important contract categories typically include:
Energy projects
- EPC / BoP contracts (delay LDs, performance testing, change order rules)
- grid connection and interface agreements (technical obligations as legal liabilities)
- corporate PPAs / offtake agreements (indexation, curtailment, force majeure)
- O&M agreements (availability guarantees; spare parts strategy)
- financing documents and security packages (pledges, assignments, step-in rights)
Mining projects
- mining services agreements (contractor responsibility boundaries; HSE allocation)
- royalty/streaming arrangements (production measurement, audit rights, termination)
- concentrate/offtake sales (quality disputes, sampling, INCOTERMS allocation)
- joint venture agreements (decision deadlocks, dilution, budget approvals)
Practical point: Many “legal disputes” in the sector are actually measurement disputes (capacity, output, quality) that become legal only because contracts did not define measurement governance precisely.
Dispute resolution: administrative vs. commercial pathways
Energy and mining disputes can land in different forums depending on what is being challenged:
- Administrative disputes: licensing decisions, permit refusals, regulatory sanctions
- Commercial disputes: EPC claims, offtake defaults, shareholder disputes, land/private law claims
- Criminal/incident-linked matters: serious workplace accidents, environmental harm scenarios (high-stakes risk)
A well-designed legal strategy anticipates forum, timeline, and interim relief tools (including injunction-like protection and evidence preservation) before the dispute crystallizes.
A practical legal checklist for investors
If you are evaluating a project in Turkey, a lawyer-led checklist often includes:
- License map: what is required, what is obtained, what is pending, and by when
- EIA/ÇED status: decision, scope, stakeholder sensitivities, litigation exposure
- Land & zoning: buildability, easements, access, protected area overlap
- Change-of-control constraints: approvals needed for share transfers/pledges
- Compliance audit: reporting, inspections, fines, legacy liabilities
- Contract bankability: termination rights, dispute clauses, step-in rights
- Security package feasibility: can lenders take the security they expect?
- Tax/fee/royalty exposure: financial obligations attached to licenses and operations
- Community & ESG risk: stakeholder engagement, grievance management
- Exit readiness: what a future buyer will ask (build the data room now)
FAQ
1) Do energy projects in Turkey require a license?
Many do—especially grid-connected generation and market activities. Licensing steps are structured under the electricity market framework.
2) What is MAPEG and why does it matter?
MAPEG is the key authority administering mining (and related petroleum/mining administrative workflows) and operates e-Maden for applications and procedures.
3) What is the EIA/ÇED process and who manages it?
The EIA regulation is maintained under the environment ministry framework and is a central permitting gate for many projects.
4) What is YEK-G in Turkey?
YEK-G is Turkey’s renewable guarantees of origin system, operational since 2021 and implemented through EPİAŞ mechanisms.
5) What changed with the 2025 “Super Permit Law”?
Law No. 7554 introduced major amendments affecting mining and energy permitting practice, communicated by MAPEG and reflected in market guidance.
6) Are workplace safety obligations strict in mining?
Yes. Turkey’s OHS framework (Law No. 6331) sets baseline employer obligations and is highly relevant in mines and construction.
7) Can you buy a mining project via share acquisition?
Often yes in practice, but you must analyze regulatory approvals, compliance history, and whether a change of control triggers permissions.
8) What are the biggest legal risks in early-stage projects?
Typically: land buildability, EIA scope/timeline, grid connection feasibility, and transfer restrictions.
9) What are the biggest legal risks in operating assets?
Compliance inspections, reporting failures, safety incidents, environmental obligations, and contract performance disputes.
10) What should be in a Turkish energy/mining due diligence report?
A license-permit matrix, EIA status and exposure, land rights analysis, compliance/audit history, and contract bankability review.
Conclusion
Energy and mining investments in Turkey can be highly attractive—but the winning projects are those that treat law as a project discipline, not a last-minute filing exercise. The best outcomes typically come from
- mapping licenses and permits early,
- designing a land and EIA strategy that matches construction realities,
- drafting bankable contracts that prevent measurement and delay disputes, and
- structuring acquisitions around regulatory approvals and compliance history—especially under the post-2025 “Super Permit” environment.
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