Mining exploitation in Administrative Law

The development levels of countries are not defined merely on the basis of economic development, but the sustainability of the environment and the economy are considered together. Practices show that successful economy policies, especially in terms of exhaustible natural resources; can be achieved through stable and precise legislation that complies with the fundamental principles of law. According to the Article 168 of the Constitution of the Republic of Turkey the minerals are under the authority and disposal of the state, and the right to explore and exploit the minerals belongs to the state. In terms of Turkish Law where the Civil Law System has been adopted, mining activities which are subject to intense regulation by the state, and the rights obtained through these activities have been brought under legal regulation in the consideration of the distinctive principles of administrative law. Processes of mineral exploration, exploitation and closure of mines are under the supervision, control and management of administrative bodies. For this reason, all processes related to mining activities are subject to administrative procedures such as permits, licensing and sanctions which are with in the scope of administrative law. The historical process of Turkish mining legislation from the Ottoman Empire period to the founding period of the Turkish Republic and afterwards, shows that the legal regulations dealing with economic issues are heavily influenced by the economic and political conditions of countries. Mining-related legal regulations, which interfere rights such as property and environmental rights also freedom of enterprise, are the subject of several branches of law. Therefore, these regulations constitute the intersection point of many branches of law with administrative law. Within the scope of this study, these intersection points are mentioned when regarded necessary, but the subject has examined in accordance with the basic principles and institutions of administrative law. Permits, licencing process and administrative sanctions related to mining activities are regulated in the dispersed legislation; it has been tried to be clarified neatly in its general framework, and the solutions for the problems encountered in practice have been addressed in the light of judicial decisions.