mineral resources

Recently I met the person in charge of a mining company in Shaanxi and said that their company submitted an application to renew their mining license six months ago, but it has neither been approved nor rejected, and it is just "hanging" there. The mine has been operating, but I have no idea - if one day it says it won't be approved, the losses will be huge.

In this case,Beijing Yingting Law FirmI must tell everyone: After the implementation of the new regulations, this "nothing is settled" situation will be fundamentally changed.

The legal logic of "implied approval"

Although the expression "more than 15 days is deemed to be consent" is not directly quoted, the logic of the new regulations and related regulations is very clear:

First of all, Article 16 of the new regulations requires that "the original mining rights transfer department shall make a decision on whether to grant renewal before the expiration of the mining rights." The word "should" is a mandatory requirement, which means that it is a legal obligation of the department and is not optional.

Secondly, the basic principle of administrative law is that administrative agencies should respond to applications from citizens, legal persons and other organizations within the statutory time limit. Failure to respond within the statutory time limit constitutes administrative inaction. Administrative agencies usually bear the adverse consequences of administrative inaction.

Thirdly, the direction of the "decentralization, regulation and service" reform in recent years is clear: reducing the approval process, shortening the approval time limit, and improving administrative efficiency. For applications with complete materials and meeting legal conditions, delays in review and approval are also detrimental to administrative agencies.

How is this rule used in practice?

First, clarify the application time. Make sure your renewal application is submitted within the window of 6 months to 3 months before expiry. Too early or too late may affect your claim.

Second, keep the application credentials. When submitting an application, be sure to obtain an acceptance receipt, which should indicate the acceptance date and response deadline. This is key evidence for subsequent claims of rights.

Third, follow up on progress regularly. Don’t think that submitting the application is the end. Communicate regularly with the approval department to understand the progress of the approval, and keep communication records fixed.

Fourth, act promptly after the expiry date. If a reply is not received within a reasonable period (such as 15 working days), the following measures can be taken: 1. Send a reminder letter and request a reply within a time limit; 2. Complain to the superior authority; 3. File an administrative reconsideration; 4. File an administrative lawsuit as appropriate.

Real case: Dispute over the renewal of mining license of a coal mining enterprise in a certain province

A coal mining company in a certain province submitted a renewal application on time before the mining license expired. After still not receiving a reply two months later, the coal mining company commissionedBeijing Yingting Law Firmintervene. The legal team issued a lawyer's letter to the approval department, clearly stating that it constituted administrative inaction and requiring a decision to be made within a time limit. A week later, the approval department approved the renewal application.

Lawyer Yingting reminds you:"Exceeding the deadline is deemed to be consent" is not an empty statement. The key is that you must have evidence to prove that you submitted the materials on time and met the renewal conditions. When it comes to mining license renewal, it is always safer to take the initiative than to wait passively.

If you are troubled by "no response" to the renewal of your mining license, please contact Beijing Yanting Law Firm. Lawyer Liu Jingzhu will help you safeguard your rights and interests according to law.

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