mineral resources

Yingting lawyer reminds

Hello everyone, I am lawyer Zhu Zi. On May 29, the Ministry of Justice and the Ministry of Natural Resources jointly held a press conference to interpret the just-announced "Regulations on the Implementation of the Mineral Resources Law." This matter has a lot to do with our mine boss, and I must make it clear to you as soon as possible.

Core policy: Mining land can be transferred by agreement

The most important part of this interpretation is the clarification of how to obtain mining land. The regulations say that if land is needed for the exploration and mining of mineral resources, it can be transferred or leased through agreement in accordance with the law, or the land can be provided through long-term lease, lease first and then transfer, or flexible term.

Translated into adult language: In the past, if you wanted to open a mine, just getting the land might have stuck you for months or even years. Now it's better. You can negotiate directly with the government and negotiate the transfer without going through the traditional bidding, auction and listing process.

Collective land can also be used

There is another major breakthrough - this time it is clearly stated that mining land can be state-owned or collectively owned by farmers. In the past, many mine owners encountered an embarrassing situation: the mine was on collective land, and either they could not negotiate, or the price would be too high. Now the policy has opened the door for you to use collective land through agreement.

Temporary land use for open-pit mining can be approved in phases

Attention friends involved in open pit mines! This regulation specifically mentions that temporary land for open-pit mining of strategic minerals can be approved in installments, and the renewal period shall not exceed the term of the mining rights. This is definitely good news for our companies engaged in open-pit mining.

Pitfalls that need attention

The policy is a good policy, but there are a few points that I must remind you of:

First, the transfer under the agreement is not for free. You must pay no less in transfer fee and rent. Second, the ecological restoration costs must be arranged in advance. The regulations clearly state that the money cannot be seized, frozen or transferred. Third, in principle, the term of land use shall not exceed the term of the mining rights. When the mineral rights expire and are renewed, the land use must also be renewed.

Yingting lawyer reminds

The Mining Law Implementation Regulations will be officially implemented on June 15. This is the biggest change in the mining field since 1996. It is recommended that all mine owners do their homework in advance to see if there are any problems left over from history in their own mining rights, and whether they should be corrected or corrected.

If you have any questions about mining land, please feel free to contact me. I am lawyer Zhu Zi, and I have been focusing on mining legal services for ten years.

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