Analysis of Contracts and Legislation for Forest Mining Permits in Türkiye: Toward a Sustainable Approach

ABSTRACT

This study evaluates the effectiveness of environmental and forest legislation in promoting sustainability in Türkiye, with a particular focus on participatory aspects of access to forestland agreements. Utilizing sustainability performance metrics and indicators defined by the World Bank, we identified relevant variables. We then assessed the legislation’s effectiveness using statistical methods, based on a sample of 114 participants from the forestry and mining sectors. The study found the legislation ineffective in improving the economic conditions of local communities not relocating during mining activities (62.75% failure rate). Additionally, 52.2% of participants deemed the legislation inadequate in providing access to information, and 58.35% found stakeholder participation insufficient. Legislation regarding the financial profitability of the administration (59.2%), protection of water resources (54.4%), and soil protection (58.3%) was also considered inadequate. While 6 of the 16 analyzed sustainability criteria were scrutinized, suggesting a trend toward sustainable legislation, it cannot be definitively concluded that this trend is sufficient to ensure forest sustainability. Further research and legislative adjustments may be needed to address the identified shortcomings and fully promote sustainable forest management in Türkiye.

KEYWORDS:

• Forestland
• mining
• environmental
• legislation

SUSTAINABLE DEVELOPMENT GOALS:

• SDG 11: Sustainable cities and communities

Acknowledgments

The authors thank the anonymous reviewers who provided valuable feedback that improved this manuscript. The data in this study were obtained from the Ph.D. thesis entitled “The Effect of Environmental and Forest Law on Mining Contracts”.

Disclosure statement

No potential conflict of interest was reported by the author(s).

Availability of data and material

The datasets used or analyzed during the current study are available from the corresponding author on reasonable request.

Author contribution

N.T.Y. suggested the subject and the method of the manuscript; O.D.E designed the research process; N.T.Y wrote and analyzed the main manuscript text and prepared figures and tables. All authors provided critical feedback and helped shape the research, analysis and reviewed the manuscript. N.T.Y and O. D. E. wrote the final draft.

Notes

¹ Article 7 of the Mining Law dated 4/6/1985 and numbered 3213.

² The Court of Accounts, (2020). Access: 12.10.2021 (https://www.sayistay.gov.tr).

³ Reclamation Act 1902, Surface Mining Control and Reclamation Act ABD, Australia “Mining Rehabilitation Fund Act.