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The prospecting rights have hit the ecological red line. Can retaining them still save lives?
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Article author：Yingting Lawyers Group | Update time：1970-01-01 | Reading times：174
Foreword#p#Page title#e#
#p#Paging title#e#"Our prospecting area has been included in the ecological protection red line. Can we still apply for reservation?"#p#page title#e#
#p#Paging title#e#In recent years, as the country has increased its efforts to protect the ecological environment, more and more exploration rights have encountered ecological protection red lines. This has left many mining companies confused and anxious. #p#Paging title#e#
#p#Paging title#e#Today, lawyer Ying Ting will explain in detail the relationship between ecological protection red lines and the retention of exploration rights. #p#Paging title#e#
#p#Paging title#e#What is the ecological protection red line? #p#Paging title#e#
#p#Paging title#e#Official definition#p#Paging title#e#
#p#Paging title#e#Ecological protection red lines refer to the spatial boundaries and management limits that require strict protection in terms of natural ecological service functions, environmental quality and safety, and natural resource utilization. #p#Paging title#e#
#p#Paging title#e#Involved area type#p#Paging title#e#
#p#Paging title#e#- National and provincial nature reserves - Scenic spots - Forest parks - Wetland parks - Drinking water source protection areas - Important ecological function areas - Other areas that need protection #p#Page title#e#
#p#Paging title#e#The impact of ecological protection red lines on exploration rights#p#page title#e#
#p#Paging title#e#Legal basis#p#Page title#e#
#p#Paging title#e#Article 26 of the newly revised "Mineral Resources Law" in 2024 stipulates: #p#page title#e#
#p#Paging title#e#"Within the scope of natural reserves, exploration and mining activities that meet the control requirements can be carried out in accordance with the law. If the established mining rights do not meet the control requirements, they should be withdrawn in an orderly manner in accordance with the law."#p#page title#e#
#p#Paging title#e#Specific impact#p#Paging title#e#
#p#Paging title#e##p#Paging title#e#Situation 1: The exploration rights are within the ecological protection red line#p#Page title#e##p#Paging title#e#
#p#Paging title#e#If your exploration rights exploration area is within the ecological protection red line: #p#Page title#e#
#p#Paging title#e##p#Paging title#e#Scenario 2: Part of the exploration rights is within the ecological protection red line #p# Pagination title #e##p#Paging title#e#
#p#Paging title#e#If your prospecting rights exploration area#p#page title#e#Part#p#Page title#e#Located within the red line of ecological protection: #p#Page title#e#
#p#Paging title#e#When faced with the issue of ecological protection red lines, is there any hope of retaining exploration rights? #p#Paging title#e#
#p#Paging title#e#Three key points #p#Paging title#e#
#p#Paging title#e##p#Paging title#e#1. Whether the exploration area has been established before the red line is drawn?#p#Paging title#e#
#p#Paging title#e#According to the principle of "non-retroactivity of laws": - Delineate the red line of ecological protection#p#page title#e#Previous#p#Page title#e#Exploration rights that have been established will be treated differently - draw the red line#p#page title#e#After#p#Page title#e#The newly established exploration rights may have violations #p#page title#e#
#p#Paging title#e##p#Paging title#e#2. Whether it meets the control requirements#p#Paging title#e##p#Paging title#e#
#p#Paging title#e#The "Mineral Resources Law" clearly stipulates that "those that meet the control requirements" can continue to carry out activities. #p#Paging title#e#
#p#Paging title#e#Needs assessment: - The impact of exploration activities on the ecological environment - Whether environmentally friendly exploration techniques are used - Whether measures can be taken to reduce environmental impacts #p#page title#e#
#p#Paging title#e##p#Paging title#e#3. Is there any exit compensation?#p#Paging title#e##p#Paging title#e#
#p#Paging title#e#For exploration rights that need to be withdrawn: - Fair and reasonable compensation should be given in accordance with the law - The owner of the exploration rights can claim reasonable compensation#p#page title#e#
#p#Paging title#e#The processing path for exploration rights within the ecological protection red line#p#Page title#e#
#p#Paging title#e#Path 1: Apply for reservation#p#Paging title#e#
#p#Paging title#e##p#Paging title#e#Applicable conditions: #p#Paging title#e#- Exploration rights have been established before the red line is drawn - Exploration activities comply with control requirements - The ore bodies that can be mined have been identified #p#page title#e#
#p#Paging title#e##p#Paging title#e#Operation suggestions: #p#Paging title#e##p#Paging title#e#
Path 2: Apply to withdraw and receive compensation#p#Paging title#e#
#p#Paging title#e##p#Paging title#e#Applicable conditions: #p#Paging title#e#- The exploration area does not meet the control requirements - Cannot be retained - Willing to cooperate to exit #p#page title#e#
#p#Paging title#e##p#Paging title#e#Operation suggestions: #p#Paging title#e##p#Paging title#e#
Path 3: Waiting for policy adjustment#p#Paging title#e#
#p#Paging title#e##p#Paging title#e#Applicable conditions: #p#Paging title#e#- The range of ecological protection red lines may be adjusted - The exploration area is within the adjustment range - Willing to wait#p#page title#e#
#p#Paging title#e##p#Paging title#e#Operation suggestions: #p#Paging title#e##p#Paging title#e#
Typical case analysis#p#Page title#e#
#p#Paging title#e#Case: Case of retaining exploration rights in a provincial nature reserve#p#Page title#e#
#p#Paging title#e##p#Paging title#e#Background: #p#Page title#e#A mining company obtained a tungsten mine exploration right in 2015, which is valid for 5 years. In 2019, the scope of the local provincial nature reserve was adjusted and the exploration rights exploration area was included in the scope of the reserve. #p#Paging title#e#
#p#Paging title#e#When the exploration rights expired in 2020, the company applied to retain them for the following reasons: #p#page title#e#
#p#Paging title#e#Processing result: #p#Paging title#e#After many communications with the competent authorities, finally: #p#page title#e#
#p#Paging title#e#Enlightenment: #p#Paging title#e#- Risks caused by policy changes can be reduced through advance communication - Reasonable demands should be persisted - The intervention of professional lawyers can help protect rights and interests #p#page title#e#
#p#Paging title#e#Lawyer Ying Ting suggested #p# pagination title #e#
#p#Paging title#e#The mining lawyer team of Beijing Yingting Law Firm has handled many exploration rights cases involving ecological protection red lines and has summarized the following suggestions: #p#page title#e#
#p#Paging title#e#Precaution#p#Page title#e#
#p#Paging title#e#Coping with things #p#Page title#e#
#p#Paging title#e#Post-event relief#p#Paging title#e#
#p#Paging title#e##p#Paging title#e#
#p#Paging title#e#Special reminder: #p#Paging title#e##p#Paging title#e#
#p#Paging title#e#The issue of ecological protection red lines is a hot and difficult issue in the current field of mining rights, involving policy, law, technology and other levels. #p#Paging title#e#
#p#Paging title#e#If you encounter similar problems, you are welcome to consult the professional mining lawyer team of Beijing Yingtong Law Firm. #p#Paging title#e#
#p#Paging title#e##p#Paging title#e#Warm reminder: This content is for reference only and does not constitute legal advice. Please consult a professional attorney for specific questions. #p#Paging title#e##p#Paging title#e#
#p#Paging title#e#Previous article：Should the exploration rights be renewed or retained? Choosing the wrong one could cost you tens of millions.
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