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Article author:Yingting Lawyers Group | Update time:2026-05-27 | Reading times:105
Director Zhao's mine has been in trouble recently.
His coal mine has been in operation for more than ten years, with complete licenses and safe production, and does not owe a penny of the resource tax paid every year. But when the license was due to be renewed this year, staff from the Natural Resources Bureau told him: "Your green mine construction is not up to standard and needs to be corrected before applying for renewal."
Mine director Zhao was confused: "The output and safety of my mine are fine, so why are they not up to standard?"
The words "green mine" have stumped many veteran mine workers.
Simply put, green mines refer to mines that implement scientific and orderly mining during the entire process of mineral resource development, control the disturbance of the mining area and surrounding ecological environment within a controllable range, and achieve coordination between resource development and ecological protection.
It is not as simple as "planting a few trees and laying some turf", but a systematic project covering six major aspects: mining environment, resource development methods, comprehensive utilization of resources, energy conservation and emission reduction, technological innovation, and enterprise management.
In recent years, the country has paid more and more attention to the construction of green mines. The "Regulations on the Implementation of the Mineral Resources Law" announced in May 2026 will elevate the construction of green mines to the legal level.
The "Regulations on the Implementation of the Mineral Resources Law" puts forward clear requirements for green mine construction and ecological restoration:
1. Ecological restoration costs must be managed in a dedicated account.
The regulations clarify that mining rights holders shall withdraw a mine geological environment management and restoration fund in accordance with regulations, which shall be used exclusively for mining geological environment management and restoration and land reclamation. This fund account must be set up separately and cannot be mixed with other funds, and——shall not be seized, frozen or transferred.
Many mine owners are accustomed to putting this money in the company's accounts or misappropriating it for other purposes. This practice will face legal risks after the new regulations are implemented.
2. Ecological restoration is a mandatory obligation.
The regulations stipulate that the mining right holder shall complete the mine geological environment restoration and land reclamation obligations before suspending or closing the mine. This obligation is mandatory and will not disappear just because you stop production or operations.
If the mining right holder fails to perform or does not fully perform the restoration obligations, the registration authority may entrust a third party to perform the restoration at the expense of the mining right holder. Moreover, if the repairs are not in place, the renewal and transfer of mining rights will be affected.
3. Green mines have incentive policies.
The regulations clearly provide policy support to green mining enterprises - including priority allocation of resources, priority approval of land use, reduction and exemption of relevant taxes and fees, etc. On the other hand, those who do not build green mines may be subject to restrictions in mineral rights transfer and approval.
According to the requirements for green mine construction, mine managers Zhao can self-examine from the following five aspects:
1. Mining environment.Are the production and living areas divided into zones? Are the roads hardened and greened? Is wastewater treated and discharged up to standard? Are dust and noise effectively controlled?
2. Resource development methods.Is the mining plan scientific and reasonable? Is there any cross-border mining or destructive mining? Are technologies such as backfill mining and comprehensive utilization of waste rock applied?
3. Comprehensive utilization of resources.Does the mineral processing recovery rate meet national standards? Are associated minerals comprehensively recycled? Can waste rock and tailings be turned into treasure?
4. Energy conservation and emission reduction.Are energy consumption indicators better than national standards? Did the cleaner production audit pass? Will carbon intensity continue to decline?
5. Scientific and technological innovation.Has a technical R&D team been established? Are digital and intelligent mining technologies used? Have you obtained relevant patents or technological achievements?
Green mine construction, on the surface, is an environmental protection requirement, but in fact it is related to the life and death of mineral rights renewal.
After the implementation of the new regulations, special account management of ecological restoration costs has become a mandatory requirement. Suggestions to all mine owners:
First, immediately verify whether repair funds are in place.Check your mine geological environment management and restoration fund account - is the balance sufficient? Are funds managed in separate accounts?
Second, prepare or update a repair plan.In accordance with current standards, re-evaluate the repair scope, repair standards, and repair time limits to ensure that the plan is feasible and the cost is sufficient.
Third, establish a normalized repair mechanism.While mining, treating and reclamating, the restoration work should be incorporated into daily production management instead of waiting until shutdown.
Fourth, prepare renewal materials in advance.At least one year before the mining right expires, start preparing renewal application materials, including green mine construction status report, restoration project acceptance report, etc.
Fifth, consult promptly when encountering problems.If you encounter problems with policy understanding and procedures during the construction of green mines and mineral rights renewal, it is recommended to consult a professional lawyer in time to avoid detours.
Yingting Law Firm has been involved in the field of mining rights for many years and is familiar with green mine construction policies and mineral rights renewal processes. We can provide you with full-process legal services such as policy interpretation, program design, material preparation, and dispute resolution.
If you have any questions, please contact us. Protect green mines and protect your mining business.
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Source: Yingting Law Firm
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