Law firm introduction More》
Beijing Yingtong Law Firm has focused on the protection of the rights and interests of private enterprises for many years. It has represented many corporate rights protection cases in the legal practice of rights protection in natural resources, mining, land, waters, territorial space, corporate equity, criminal defense, factory demolition, environmental protection shutdown, prohibition and vacation, etc., including large-scale real estate...
Law firm services
Law firm personnel More》
Visiting address More》
Want to acquire land for a strategic mineral project? Understand this new policy first, and the approval will be twice as fast!
Home page >> Business areas >> mineral resources
Article author：Yingting Lawyers Group | Update time：2026-06-05 | Reading times：143
Dear mining bosses, the Ministry of Natural Resources recently issued a policy, which is a major benefit to our strategic mineral projects.
This policy is called "13 Articles for Guaranteeing Natural Resource Elements" (referred to as Document No. 38), and one of it is particularly important: temporary land can be used for open-pit mining of strategic minerals, and the renewal period shall not exceed the term of the mining rights.
What does this sentence mean? Let me explain to you.
## How difficult was it to get land in the past?
Anyone who works in the mining industry knows that mining land is a big problem.
Your mine is in the wild and may occupy forest land, farmland, or even basic farmland. According to previous policies, occupying these lands requires land acquisition procedures, which require approval, compensation, and resettlement. The process can take two or three years, or take more than half a year. For some small mines, the mines are almost exhausted by the time the licenses are approved.
Some bosses want to take the shortcut of "temporary land use", but previous policies strictly limited the scope of temporary land use, making it difficult for mining projects to take advantage of temporary land use.
## What does Document No. 38 say now?
Document No. 38 clarifies: For open-pit mining of strategic minerals, you can apply for the use of temporary land.
There are three key points:
First, only strategic minerals.
Not all mines are suitable, they must be strategic minerals. What are strategic minerals? Rare earth, tungsten ore, antimony ore, tin ore, indium ore, germanium ore and other minerals in short supply, as well as energy minerals such as shale gas, natural gas hydrate, etc. The specific list will be adjusted every year, so please check the latest policy.
Second, the period of temporary land use.
Renewal shall not exceed the term of the mining rights. In other words, if your mining license expires in 5 years, the temporary land use can be extended for up to 5 years. After expiration, you must either reapply or reclaim it according to regulations.
Third, the land use procedures have been simplified.
Document No. 38 also has a big trick: Provincial approval for land use first. In the past, the authority to approve construction land rested with the Ministry of Natural Resources, but now the ministry entrusts it to the provincial level, and the approval time limit has been greatly shortened.
## There is another breakthrough: geothermal mineral water can be set up overlapping with permanent basic farmland
Many people may not notice this, but it is very practical.
In the past, the registration department would not register geothermal mineral water mining rights if they overlapped with permanent basic farmland. Now Document No. 38 says that as long as strict protection measures are taken and the cultivation layer is not damaged, overlapping installations can be made.
This is definitely good news for hot spring tourism, geothermal heating and other projects.
## Ying Ting Lawyer Reminder
The policy is a good policy, but there are a few points to pay attention to in practice:
1. Temporary land use does not mean that it costs nothing.
Temporary land use requires payment of temporary use fees, and the standards refer to local land acquisition compensation standards. In addition, the temporary land must be reclaimed after expiration. If it is not reclaimed or the reclamation does not meet the standards, the deposit will not be refunded.
2. The ecological protection red line is a hard line.
Even if your mine is a strategic mineral, if it is located within the ecological protection red line, temporary land use will not be approved. Areas such as nature reserves and drinking water source protection areas cannot be touched.
3. Cultivated land occupation must be balanced.
Those who occupy cultivated land need to implement a balance between occupation and compensation. This has nothing to do with you. It is a matter for the government, but you must cooperate in providing relevant materials.
4. The approval process must be carried out in advance.
Approval for temporary land use requires submission of materials such as mine construction plans and reclamation plans. These materials must be prepared in advance. Don’t wait until construction starts to find out that they have not been approved.
## If you have any questions, please contact Yingting
Mining land is the basic guarantee for mining development. If land use is not compliant, there will be big trouble in the future. Our team has handled many mining land disputes and helped companies solve many difficult problems.
If your mine has questions about land use, or is applying for land use approval but it is not going smoothly, you are welcome to come and chat with us. I am lawyer Zhu Zi, specializing in mining legal services. See you in the next issue.
Recommended reading
- Mineral rights mortgage financing: a new financing path for private mining companies
- Should the government’s investment promotion agreement be scrapped at the drop of a hat? The law has your back!
- Mining in the name of land leveling? The Central Inspection Team is exposed! Mine bosses, please don’t step into this trap.
- Mining license renewal delayed? The new regulations stipulate that a reply must be made within 15 days
- New opportunities for administrative reconsideration: increased litigation winning rate, smoother rights protection channels
- Mineral rights mortgage financing: a new financing path for private mining companies
- Should the government’s investment promotion agreement be scrapped at the drop of a hat? The law has your back!
- Mining in the name of land leveling? The Central Inspection Team is exposed! Mine bosses, please don’t step into this trap.
- Are companies being fined too much for small things? Court: The punishment is inappropriate and must be corrected!
- New opportunities for administrative reconsideration: increased litigation winning rate, smoother rights protection channels
