Beijing Yingtong Law Firm has focused on the protection of the rights and interests of private enterprises for many years. It has represented many corporate rights protection cases in the legal practice of rights protection in natural resources, mining, land, waters, territorial space, corporate equity, criminal defense, factory demolition, environmental protection shutdown, prohibition and vacation, etc., including large-scale real estate...
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Article author:Yingting Lawyers Group | Update time:1970-01-01 | Reading times:134
The "Regulations on the Implementation of the Mineral Resources Law" that came into effect on June 15, 2026, made major adjustments to the mining rights renewal system:
Exploration rights: Renewable 3 times in 5 years, up to20 yearsmining rights: When the validity period expires, you can apply for renewal, up to30 yearsOil, natural gas and strategic minerals: The number of renewals can be increased
This is a substantial positive policy. However, the author found in practice thatMost mine owners are unaware that renewal applications have strict time window requirements.
New regulations are clear: The holder of the mining right shallFirst 6 months to 3 monthsApply internally to the registration authority for renewal of registration.
What does this mean?
Missing the time window = invalidation of mineral rights = years of exploration investment wasted
The renewal of exploration rights requires the submission of a report on the completion of exploration investment. If the investment is below the legal minimum, the renewal application may be rejected.
The renewal of exploration rights requires a proportional reduction of the exploration area:
If the actual scope of exploration exceeds the approved scope of the license, the renewal application will be rejected.
Major safety accidents and environmental pollution incidents occurring during the exploration process may affect the renewal approval.
Materials required for renewal application include: renewal application, mining rights evaluation report (if necessary), exploration implementation plan, geological data submission voucher, etc. If the materials are incomplete, you will be asked to make corrections, which will delay the application process.
If the mineral rights are subject to seizure, mortgage, ownership disputes, etc., review of renewal applications may be suspended.
The author recommends that companies establishMining rights certificate ledger, start preparing renewal materials 8-10 months before expiration to ensure sufficient time for corrections.
Six months before renewal, enterprises should check on their own:
The renewal of exploration rights will inevitably face the issue of area reduction. Enterprises should plan the exploration area in advance and keep the core mineralization zone within the renewal scope.
The quality of the renewal application, exploration implementation plan and other materials directly affects the approval results. It is recommended to hire an experienced lawyer or geological engineer to assist in preparation.
A highlight of the new regulations:If the registration authority fails to make a decision within the time limit, the extension will be deemed to be approved.. But the premise of this rule is that the application materials are complete and compliant. Enterprises must not be paralyzed by this and should still actively follow up on the approval progress.
[Case] A case where the exploration rights of a certain province have expired and failed to apply for renewal
Facts of the case: The exploration rights of a mining company expired on June 30, 2024. Due to internal management problems, the company did not submit its renewal application until September 2024. The registration authority refused to accept the application on the grounds of "overdue application".
result: The exploration license was cancelled, and the company’s initial exploration investment of tens of millions of yuan was irreversible.
Lesson: The mining rights certificate expiration reminder mechanism is not optional, but required.
Time node response actions--------------------Start renewal preparations 8-10 months before expiration, establish a ledger, submit renewal application 6 months before expiration (earliest application time), ensure the application has been accepted (latest application time), 3 months before expiration, follow up on the approval progress, prepare supplementary materials, and fail to respond after the due date, invoke the "deemed consent" rule, and claim for mineral rights extension
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