TEMA Foundation: No to Article 6! TEMA Foundation draws attention to Article 6 of the Kanun Law Proposal Amending Electricity Market Law and Some Laws submitted to the Presidency of the Turkish Grand National Assembly. which will pave the way to establish facilities outside the licensed field of mining companies in the adoption by Article 6 of the change in Turkey's forests, farmlands, pastures, drinking water basins and coasts are also likely to be included in the mining facility.
'The Law Proposal Amending the Electricity Market Law and Some Laws' was submitted to the Presidency of the Turkish Grand National Assembly on October 5, 2020. The bill, which is expected to come to the General Assembly of the Assembly in the coming days, includes changes in energy markets as well as mining. Among the amendments regarding the Mining Law followed by the TEMA Foundation from the first day, especially the 6th Article amendment stands out. If article 6 of the draft is accepted in its proposed form, some of the mining activities carried out within the boundaries of the mining license area will now be carried out outside the license area of the enterprises.
Making a statement on the subject, TEMA Foundation Chairman Deniz Ataç; “In the new law proposal consisting of 47 articles, we have previously drawn attention to Articles 3 and 5. Positive steps were taken towards these items and changes were made in the articles. I would like to state that we welcome these positive steps with great happiness and thanks. However, just as positive steps were taken regarding the draft, at the same meeting, we learned that the 6th article, which foresees an amendment to the Mining Law, was added to the draft. Unfortunately, this change paves the way for mining companies to establish facilities outside the license area. In the current practice, activities related to mining and operation of mines are carried out within the boundaries of the license.
Although the license areas are often determined in such a way as to cause unacceptable damage to nature, living spaces and water assets; The fact that mines remain within the boundaries of the license is an important means of handling and controlling the environmental risks caused by mining, the destruction of nature and public health in a holistic manner. With the new regulation, mining-related facilities will be able to expand beyond the license areas and spread to natural areas, agricultural and pasture areas, and water basins without any limits and planning. If the regulation becomes law; natural assets, natural areas, agriculture and pasture areas will be divided by facilities; Pollution related to mining activities will spread to much wider areas and mining activities will be superior to existing activities and property rights in that area ”and invited all MPs to take action to say no to Article 6.
Atac who also referred to the definition of "temporary facility" in the text of Article 6 that threatens nature, agricultural production and human health by removing the license limits in mining; "Even though" temporary facility "is emphasized in the article text, this definition in the Mining Law causes permanent damage to the area it is located on. These facilities, called "temporary facilities", are very important in terms of both public health and natural health.