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What should we do if the retention of exploration rights encounters the red line of ecological protection? Lawyer advice
Home page >> Business areas >> mineral resources
Article author：Yingting Lawyers Group | Update time：1970-01-01 | Reading times：137
Preface "Our exploration area has been classified as an ecological protection red line, can we still apply for reservation?" 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. Today, lawyer Ying Ting will explain in detail the relationship between ecological protection red lines and the retention of exploration rights.
What is the ecological protection red line?
Official definition: 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.
Type of area involved
•
National and provincial nature reserves•
Scenic Area•
forest park•
Wetland Park•
drinking water source protection zone•
important ecological functional area•
Other areas requiring protectionThe impact of ecological protection red lines on exploration rights
Legal basis Article 26 of the newly revised Mineral Resources Law in 2024 stipulates: "Within the scope of natural reserves, exploration and mining activities that meet the control requirements may be carried out in accordance with the law. If the established mining rights do not meet the control requirements, they shall be withdrawn in an orderly manner in accordance with the law."
specific impactSituation 1: The exploration rights are within the ecological protection red lineIf your exploration rights exploration area is within the ecological protection red line: 1.May not be renewed——In areas involving ecological protection red lines, renewal may not be approved 2.Exploration may not continue——Environmental assessment is required 3.May need to exit——If it is clear that the control requirements are not metScenario 2: The exploration rights are partially within the ecological protection red lineIf your prospecting rights exploration areapartLocated within the ecological protection red line: 1. You can apply to retain areas outside the red line. 2. Areas within the red line may need to be withdrawn. 3. Need to cooperate with the competent authorities to make adjustments.When faced with the issue of ecological protection red lines, is there any hope of retaining exploration rights?
Three key points are important1. Whether the exploration area has been established before the red line is drawnAccording to the principle of "non-retroactivity of law":•
Delineating red lines for ecological protectionbeforeExploration rights that have been established will be handled differently.•
Draw the red lineafterNewly established exploration rights may have irregularities2. Whether it meets the control requirementsThe "Mineral Resources Law" clearly stipulates that "those that meet the control requirements" can continue to carry out activities. Needs assessment:•
Impact of exploration activities on the ecological environment•
Whether environmentally friendly exploration techniques are used•
Can measures be taken to reduce environmental impact?3. Is there any exit compensation?For exploration rights that need to be withdrawn:•
Fair and reasonable compensation should be given in accordance with the law•
Exploration rights holders may claim reasonable compensationProcessing path for exploration rights within ecological protection red lines
Path 1: Apply for reservationApplicable conditions:•
Exploration rights were established before redlining•
Exploration activities comply with control requirements•
Proven ore bodies available for miningOperation suggestions:1. Submit an application to the competent authority 2. Provide documentation proving compliance with control requirements 3. Explain the necessity of retentionPath 2: Apply to withdraw and receive compensationApplicable conditions:•
The exploration area does not meet the control requirements•
Can't keep it anymore•
Willing to cooperate with withdrawalOperation suggestions:1. Negotiate the exit plan with the competent authorities 2. Apply for reasonable compensation 3. Properly handle the exploration facilities 4. Carry out ecological restoration workPath 3: Waiting for policy adjustmentsApplicable conditions:•
The range of ecological protection red lines may be adjusted•
The exploration area is within the adjustment range•
willing to waitOperation suggestions:1. Pay attention to policy trends 2. Keep abreast of red line adjustment information 3. Make various preparationsTypical case analysis
Case: Retention of exploration rights in a provincial nature reserveBackground: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. When the exploration rights expired in 2020, the company applied to retain them for the following reasons: 1. The exploration rights had been established before the adjustment of the protected area 2. The tungsten ore body that could be mined had been discovered 3. The company was willing to use environmentally friendly exploration technologyProcessing results:After many communications with the competent authorities, in the end: 1. Part of the exploration area was withdrawn from the nature reserve 2. Some areas that met the control requirements were retained 3. The company received a certain amount of economic compensationInspiration:•
Risks arising from policy changes can be reduced through advance communication•
Reasonable demands should be adhered to•
The intervention of professional lawyers can help protect rights and interestsSuggestions from Yingting Lawyer 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:
Precaution 1.Before obtaining exploration rights, check whether the exploration area involves ecological protection red lines 2. Understand the local ecological protection red line planning 3. Assess policy risksResponse during the incident 1. When encountering red line adjustments, promptly assess the impact 2. Proactively communicate with the competent authorities 3. Prepare sufficient supporting materials 4. Seek professional legal help
Post-event relief 1. If the exploration rights are required to be withdrawn, claim reasonable compensation 2. If the application for retention is rejected, analyze the reasons and then supplement the materials or find another way 3. Keep the investment funds, work results and other evidence ---Special reminder: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. If you encounter similar problems, you are welcome to consult the professional mining lawyer team of Beijing Yingtong Law Firm. *Warm reminder: This content is for reference only and does not constitute legal advice. Please consult a professional attorney for specific questions. *
•
Delineating red lines for ecological protectionbeforeExploration rights that have been established will be handled differently.•
Draw the red lineafterNewly established exploration rights may have irregularities2. Whether it meets the control requirementsThe "Mineral Resources Law" clearly stipulates that "those that meet the control requirements" can continue to carry out activities. Needs assessment:•
Impact of exploration activities on the ecological environment•
Whether environmentally friendly exploration techniques are used•
Can measures be taken to reduce environmental impact?3. Is there any exit compensation?For exploration rights that need to be withdrawn:•
Fair and reasonable compensation should be given in accordance with the law•
Exploration rights holders may claim reasonable compensationProcessing path for exploration rights within ecological protection red lines
Path 1: Apply for reservationApplicable conditions:•
Exploration rights were established before redlining•
Exploration activities comply with control requirements•
Proven ore bodies available for miningOperation suggestions:1. Submit an application to the competent authority 2. Provide documentation proving compliance with control requirements 3. Explain the necessity of retentionPath 2: Apply to withdraw and receive compensationApplicable conditions:•
The exploration area does not meet the control requirements•
Can't keep it anymore•
Willing to cooperate with withdrawalOperation suggestions:1. Negotiate the exit plan with the competent authorities 2. Apply for reasonable compensation 3. Properly handle the exploration facilities 4. Carry out ecological restoration workPath 3: Waiting for policy adjustmentsApplicable conditions:•
The range of ecological protection red lines may be adjusted•
The exploration area is within the adjustment range•
willing to waitOperation suggestions:1. Pay attention to policy trends 2. Keep abreast of red line adjustment information 3. Make various preparationsTypical case analysis
Case: Retention of exploration rights in a provincial nature reserveBackground: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. When the exploration rights expired in 2020, the company applied to retain them for the following reasons: 1. The exploration rights had been established before the adjustment of the protected area 2. The tungsten ore body that could be mined had been discovered 3. The company was willing to use environmentally friendly exploration technologyProcessing results:After many communications with the competent authorities, in the end: 1. Part of the exploration area was withdrawn from the nature reserve 2. Some areas that met the control requirements were retained 3. The company received a certain amount of economic compensationInspiration:•
Risks arising from policy changes can be reduced through advance communication•
Reasonable demands should be adhered to•
The intervention of professional lawyers can help protect rights and interestsSuggestions from Yingting Lawyer 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:
Precaution 1.Before obtaining exploration rights, check whether the exploration area involves ecological protection red lines 2. Understand the local ecological protection red line planning 3. Assess policy risksResponse during the incident 1. When encountering red line adjustments, promptly assess the impact 2. Proactively communicate with the competent authorities 3. Prepare sufficient supporting materials 4. Seek professional legal help
Post-event relief 1. If the exploration rights are required to be withdrawn, claim reasonable compensation 2. If the application for retention is rejected, analyze the reasons and then supplement the materials or find another way 3. Keep the investment funds, work results and other evidence ---Special reminder: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. If you encounter similar problems, you are welcome to consult the professional mining lawyer team of Beijing Yingtong Law Firm. *Warm reminder: This content is for reference only and does not constitute legal advice. Please consult a professional attorney for specific questions. *
•
The exploration area does not meet the control requirements•
Can't keep it anymore•
Willing to cooperate with withdrawalOperation suggestions:1. Negotiate the exit plan with the competent authorities 2. Apply for reasonable compensation 3. Properly handle the exploration facilities 4. Carry out ecological restoration workPath 3: Waiting for policy adjustmentsApplicable conditions:•
The range of ecological protection red lines may be adjusted•
The exploration area is within the adjustment range•
willing to waitOperation suggestions:1. Pay attention to policy trends 2. Keep abreast of red line adjustment information 3. Make various preparationsTypical case analysis
Case: Retention of exploration rights in a provincial nature reserveBackground: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. When the exploration rights expired in 2020, the company applied to retain them for the following reasons: 1. The exploration rights had been established before the adjustment of the protected area 2. The tungsten ore body that could be mined had been discovered 3. The company was willing to use environmentally friendly exploration technologyProcessing results:After many communications with the competent authorities, in the end: 1. Part of the exploration area was withdrawn from the nature reserve 2. Some areas that met the control requirements were retained 3. The company received a certain amount of economic compensationInspiration:•
Risks arising from policy changes can be reduced through advance communication•
Reasonable demands should be adhered to•
The intervention of professional lawyers can help protect rights and interestsSuggestions from Yingting Lawyer 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:
Precaution 1.Before obtaining exploration rights, check whether the exploration area involves ecological protection red lines 2. Understand the local ecological protection red line planning 3. Assess policy risksResponse during the incident 1. When encountering red line adjustments, promptly assess the impact 2. Proactively communicate with the competent authorities 3. Prepare sufficient supporting materials 4. Seek professional legal help
Post-event relief 1. If the exploration rights are required to be withdrawn, claim reasonable compensation 2. If the application for retention is rejected, analyze the reasons and then supplement the materials or find another way 3. Keep the investment funds, work results and other evidence ---Special reminder: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. If you encounter similar problems, you are welcome to consult the professional mining lawyer team of Beijing Yingtong Law Firm. *Warm reminder: This content is for reference only and does not constitute legal advice. Please consult a professional attorney for specific questions. *
•
Risks arising from policy changes can be reduced through advance communication•
Reasonable demands should be adhered to•
The intervention of professional lawyers can help protect rights and interestsSuggestions from Yingting Lawyer 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:
Precaution 1.Before obtaining exploration rights, check whether the exploration area involves ecological protection red lines 2. Understand the local ecological protection red line planning 3. Assess policy risksResponse during the incident 1. When encountering red line adjustments, promptly assess the impact 2. Proactively communicate with the competent authorities 3. Prepare sufficient supporting materials 4. Seek professional legal help
Post-event relief 1. If the exploration rights are required to be withdrawn, claim reasonable compensation 2. If the application for retention is rejected, analyze the reasons and then supplement the materials or find another way 3. Keep the investment funds, work results and other evidence ---Special reminder: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. If you encounter similar problems, you are welcome to consult the professional mining lawyer team of Beijing Yingtong Law Firm. *Warm reminder: This content is for reference only and does not constitute legal advice. Please consult a professional attorney for specific questions. *
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