mineral resources

Rejection of mineral rights renewal is a nightmare for any mining company. I have seen some mine bosses being denied renewal of their mining licenses. The entire company was paralyzed, workers were laid off, and investments were wasted.Beijing Yingting Law FirmToday we will take stock of the 4 common reasons why mineral rights renewal is rejected and how to deal with them.

Reason 1: The application time does not meet the regulations.

Article 16 of the new regulations stipulates that renewal applications should be submitted 6 months to 3 months before the expiration of the mining right. If you apply too early, the department may make you wait; if you apply too late, you may be rejected directly.

Response plan: Establish a mineral rights management ledger, start preparing renewal materials at least 8 months in advance, and ensure that applications are submitted within the specified window period.

Reason two: The application materials are incomplete or do not meet the requirements.

There are many materials that need to be submitted for renewal: renewal application, reserves report, mining plan, environmental assessment, ecological restoration plan, etc. If the materials are incomplete or do not meet legal requirements, the approval department may require supplements and corrections, and the time for supplements and corrections will not be included in the approval period.

Response plan: Before submitting an application, be sure to fully communicate with the approval department, confirm the list of materials that need to be submitted, and check item by item to ensure nothing goes wrong.

Reason three: Failure to meet planning and control requirements.

This is the most overlooked reason. With the adjustment of territorial spatial planning and the delineation of ecological red lines, many mining areas that were legal in the past may now fall into prohibited or restricted development areas. If your mine conflicts with current planning, your renewal application is likely to be refused.

Response plan: Regularly check the relationship between mining areas and territorial spatial planning, and deal with conflicts in a timely manner if conflicts are found. Risks can be resolved by applying for planning adjustments and reducing the scope of mining areas.

Reason four: There are illegal mining activities or unpaid fees.

If you have violated laws and regulations during the validity period of your mining rights, such as mining beyond the scope, underpaying transfer proceeds, and failing to carry out ecological restoration as required, your application for renewal is likely to be rejected.

Response plan: Compliance operation is the fundamental prerequisite for the renewal of mining rights. In daily mining, operations are strictly carried out in accordance with the approved mining plan, all fees are paid in full and on time, and ecological restoration obligations are effectively fulfilled.

What should I do if I have been rejected?

Being rejected doesn’t mean the end is over. You can consider the following paths:

First, apply for administrative review. Apply for administrative reconsideration to the people's government at the same level or the superior authority of the department that made the decision, requesting that the decision not to renew be revoked.

Second, file an administrative lawsuit. If you are dissatisfied with the reconsideration result, you may file an administrative lawsuit with the People's Court.

Third, seek a negotiated solution. In some cases, you can communicate and negotiate with the approval department to complete the relevant procedures and then apply again.

Fourth, assess investment losses. If the renewal is indeed impossible, the losses must be assessed in a timely manner and compensation must be claimed in accordance with the law.

Lawyer Yingting reminds you:There are many reasons for refusal of mineral rights renewal, but they can be summed up into two categories: procedural issues and substantive issues. Procedural issues are relatively easy to resolve, while substantive issues require detailed analysis of specific circumstances. It is recommended that before applying for renewal, you entrust a professional lawyer to conduct a "pre-trial" to nip the risk in the bud.

Beijing Yingting Law FirmFocusing on mining legal services, we have extensive experience in mining rights renewal, administrative reconsideration, administrative litigation and other fields. If you are worried about the renewal of your mining rights, please contact lawyer Liu Jingzhu and we will find a solution together.

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