Judicial review of cancellation of mining licenses

Terms of issuance of mining licenses and reasons for cancellation vary from time to time owing to arrangements and changes made in law. The legal basis of the mining sector legislation periodically revised and / or amended owing to problems encountered in practice, disputes and on behalf of filling the vacuum created as a result of the provisions of the alleged unlawful annulled by the Constitutional Court. The attitude of the judiciary, against to disputes reflected the judiciary as a result of the legal war of investors, forms basis to made or to be made regulations and amendments in the legislation. Mining-related regulations that be left incomplete and not fully filled at the doctrine, have been tried to fill with judicial decisions. In this context, judicial decisions are guide for the regulation and implementation of mining activities. One of the most important points in the mining sector, which have an important place in determining the development of the country and the national economy and provide raw materials for industry, is the presence of mines which determined to correspond to the forest. The most important problem which encountered is the detecting of the presence of overriding public interest in the performance of mining activities in the forests which provide already the public interest due to the natural qualities and assets. The opinion of "mining activities causing serious harm to on forests carry the public interest at least as much as forests" is dominant. The detection of underground resources of our country, and be regained into economy by processing, are important that behalf on being a fully independent by reducing the dependence on foreign countries. In this case, the required conditions and the causes of the cancellation of licenses, for licenses to be granted on behalf of mining activities will take place in forests that are protected by legislation, are still regulated by judicial decisions relating to the settlement of the dispute reflected the judiciary. The attitude of the judiciary in respect of cancellation was tried to determine by aligning the causes of cancellation of mining license and the causes of cancellation of permission of granted on the forests in the light of judicial decisions.