mineral resources

I often tell mine bosses that the most important thing about mining license management is not "normal times" but "before expiration". No one cares about you during normal mining, but if it is not handled properly before expiration, it will be a big problem. Last week, a coal mine owner in Xinjiang called me and said that his mining license expired in two months, but his mine was still operating at full capacity, and asked me what to do. I was anxious at that time——Beijing Yingting Law FirmWe must remind everyone: the three months before the mining license expires is the most critical window period!

First thing: confirm whether the renewal application has been submitted.

Article 16 of the new regulations is written clearly in black and white: Those who apply for renewal of mining rights must apply for renewal before the expiration of the time limit.6 months to 3 monthsApply within the original mining rights transfer department. Pay attention to this time window - too early will not work (you may be asked to resubmit), too late will not work (you may be directly rejected).

If your mining license expires in two months and you haven’t submitted an application for renewal yet, you may want to hurry up. Prepare the materials quickly. If you can submit them today, don’t wait until tomorrow. Remember, when submitting an application, you must keep the credentials—acceptance receipt, signature receipt, and express delivery tracking number. These are important evidence for future rights protection.

The second thing: Check whether the application materials are complete and compliant.

What materials need to be submitted for renewal of mining license? The new regulations do not list them one by one, but based on past experience and relevant regulations, they usually include: renewal application, original mining rights certificate, mineral resource reserve report, mining plan, environmental impact assessment report, mining area ecological restoration plan, etc.

If the materials are incomplete, the approval department may require supplements and corrections, and the time for supplements and corrections will not be counted within the approval time limit. Many mining rights holders are stuck because of insufficient materials - the approval could have been completed in 15 days, but because it took three months to supplement the materials, the mining rights have long since expired.

The third thing: Be prepared to prevent "just in case".

Even if you submit the materials on time and the materials are complete, the possibility of the approval department making a decision not to renew cannot be ruled out. In this case, you have two options:

The first is to file an administrative review or administrative lawsuit in accordance with the law to request the revocation of the decision not to renew. In practice, if the mineral rights owner meets the conditions and has complete materials, the approval department needs sufficient reasons to make a decision not to renew.

Second, if there are indeed recoverable resources in your mining area, you can consider applying for mining rights reservation. The new regulations have clear provisions on the retention of exploration rights. For mining rights, relevant legal provisions can also be cited to apply for reservation.

Lawyer Yingting reminds you:The expiration of a mining license is no small matter, involving investments ranging from millions to billions. In the critical three months before expiration, it is recommended to: 1. Designate a dedicated person to be responsible for the management of mining licenses; 2. Establish an expiration early warning mechanism; 3. Maintain regular communication with the approval department.

Beijing Yingting Law FirmWe have extensive experience in the field of mining license renewal and can help you check the entire process from material preparation to approval follow-up to avoid unnecessary losses due to "time window" issues. Lawyer Liu Jingzhu reminded: Mining license management is no small matter, and active prevention is always more effective than passive relief.

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