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REGULATIONS

Hydrogen Will Now Be Deemed a Mineral

Official titleRegulation on the Amendment of the Mining Regulation

With the amendment made to the Mining Regulation, hydrogen gas has been included within the scope of minerals, and the requirement of being 'final' in certain administrative procedures has been abolished.

Details of the Regulation

With Article 1 of the amendment made, the phrase 'hydrogen (H2) gas' was added to Article 5 of the existing Mining Regulation, clarifying the status of hydrogen under mining law. This situation indicates that hydrogen production and exploration activities will be evaluated within the framework of mining legislation. The repeal of the phrase 'a final' in Article 101 pursuant to Article 2 aims to reduce the bureaucratic burden by easing the requirement of a final decision sought in administrative application or evaluation processes.

REGAS Commentary

The inclusion of hydrogen, which is of strategic importance in the energy sector, in the mining legislation legally reinforces the role of domestic resources in energy production and storage. The removal of the 'final' requirement in administrative processes, on the other hand, will enable enterprises or applicants to take action more quickly.

Questions You Might Have

What does it mean for hydrogen to be deemed a mineral?
From now on, hydrogen exploration and exploitation activities will be subject to the rights, obligations, and inspection regime provided by the Mining Law and the relevant regulations.
What does the removal of the requirement for a final decision change?
Since the obligation to wait for a decision or situation to 'become final' in administrative proceedings has been eliminated, applications can be concluded more rapidly.

Key Terms

Maden Yönetmeliği
The primary legislation that determines the legal and technical procedures regarding the exploration, operation, and abandonment of mines.
Kesinleşmiş Karar
A decision whose time limit for applying for legal remedies has expired or for which higher judiciary avenues have been exhausted, and which cannot be altered.

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