mineral resources

There is a saying in the mining circle: "We are not afraid of difficulty in obtaining a mining license, but we are afraid of government research." Many mine owners have had this experience - the application materials are submitted, and then there is a long wait. Asking means "we are studying", asking again means "soon, soon". In the end, either the certificate will be approved but I don't know when, or it will expire and there will be no news.

Beijing Yingting Law FirmToday I want to tell you: After the implementation of the new regulations, the "research and study" method will no longer work.

How did the 15-day response system come about?

First, let’s clarify a concept: the “15-day reply” mentioned here is a comprehensive expression combining current regulations and reform trends. Article 16 of the new regulations stipulates: "The original mining rights transfer department shall make a decision on whether to approve the renewal before the expiration of the mining rights." Pay attention to the word "should" - in law, "should" means "must", which is a mandatory provision, not a selective norm.

Combined with the spirit of the State Council's "decentralization, regulation and service" reform in recent years and the Ministry of Natural Resources' requirements on administrative approval time limits, the approval time limit for mining license renewals is being significantly reduced. In many places, 15 working days has become the norm.

Why is this system so important?

For mineral rights holders, mining licenses are their lifeblood. Without a mining license, you cannot mine legally; if you cannot mine legally, there will be no income; but the investment has been made, and the equipment, personnel, and maintenance costs are all there. Every day you wait for approval is a loss of real money.

Under the previous system, the time limit for review and approval was unclear, giving some inactive officials room to drag their feet. The mineral rights holder obviously has complete materials and meets the conditions, but has been put on hold indefinitely due to various reasons. He wants to cry without tears.

Where is the breakthrough in the new regulations?

First, the time limit requirement is clarified. A decision "should" be made, which means it must be made before the deadline expires, and cannot be delayed indefinitely in the name of "research".

Second, departmental responsibilities have been strengthened. Failure to respond within the time limit is considered administrative inaction, and the mining rights holder may complain, appeal or even file a lawsuit in accordance with the law.

Third, leave room for "implied approval". Although the new regulations do not clearly stipulate this, from the basic principles of administrative law, failure to respond within the statutory time limit may have legal consequences that are favorable to the applicant.

Practical suggestions

First, be sure to keep your credentials when submitting your application. Keep everything you can including the receipt, receipt, and courier tracking number.

Second, follow up on the approval progress regularly. Don’t think that it’s over after you hand in the materials. Make regular phone calls or visit to inquire, and leave communication records.

Third, protect your rights in a timely manner after the expiration date. If there is no news after a reasonable period of time, take legal action immediately without waiting or delaying.

Lawyer Yingting reminds you:Renewal of a mining license seems simple, but in fact there are many ways to do it. Material preparation, application procedures, approval follow-up, and rights relief are all carefully considered.Beijing Yingting Law FirmWe have focused on mining legal services for many years. If you are worried about renewing your mining license, please contact lawyer Liu Jingzhu and let us help you take the initiative into your own hands.

*Please consult a professional lawyer for specific questions. This content does not constitute legal advice. *