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...
Home page >> Business areas >> mineral resources
Article author:Yingting Lawyers Group | Update time:1970-01-01 | Reading times:186
[Field: Mining]
According to Article 17 of the Mineral Resources Law (revised in 2024), the period of each approval for renewal registration of exploration rights shall not exceed 5 years, and the number of renewals shall in principle not exceed 3 times. This means,Your prospecting rights can last for up to 20 years.
Article 27 of the "Regulations on the Implementation of the Mineral Resources Law" (revised in 2026) further clarifies:
“If the exploration right holder needs to extend the exploration work time, he shall apply to the registration management authority for renewal of registration 30 days before the expiration of the exploration license.”
Here I would like to particularly emphasize:Not 30 days before expiration, but 30 days before expiration. Many business owners confuse these two concepts - "the first 30 days" means counting backwards, and even in advance when there are holidays. If your exploration license expires on August 31st, you must apply for it by August 1st at the latest.
Mining rights have a longer term than prospecting rights. Article 20 of the Mineral Resources Law stipulates that the term of mining rights is determined based on the size of the mine:The maximum period for large mines is 30 years, the maximum period for medium-sized mines is 20 years, and the maximum period for small mines is 10 years.. The mining right holder also needs to apply for renewal within the specified time before the validity period expires.
This is the core of this article——Based on practical experience, the best application window for renewal of exploration rights is 6 to 3 months before expiration. The reasons are as follows:
1.Material preparation takes time: Renewal application requires submission of exploration work summary report, investment completion status, next-step exploration plan and other materials;
2.Review period needs to be reserved: The registration authority takes 20 to 30 working days to review;
3.Leave enough opportunities for correction: If the materials need to be corrected, it will take time;
4.Administrative relief should be reserved: In case of rejection, there is still time to apply for administrative reconsideration or file a lawsuit.
Zhang owns a lithium mine exploration right in Xinjiang, and the expiration date of the exploration license is September 15, 2026. On September 10, 2026, Zhang entrusted an intermediary agency to prepare renewal materials. After the materials were prepared on September 13, Zhang failed to submit them in time due to a business trip. Zhang submitted an application after returning on September 16, but the window refused to accept it on the grounds that "the exploration license has expired."
Assess the damage: The exploration rights block is located in a national strategic mineral management and control area, and the exploration rights themselves are valued at more than 30 million yuan. Zhang later had to reapply for exploration rights, but according to the principle of "no duplicate exploration rights in the same area", the block had been acquired by other companies. Zhang's late application cost him exploration rights worth more than 30 million yuan.
This case tells us:There is no concept of "grace period" in the renewal of exploration rights..
Finally, I would like to remind all private mining company owners:Renewal of exploration rights is not a trivial matter, the time node is the line between life and death. Today, when mineral resources are becoming increasingly scarce and the value of mineral rights continues to rise, retaining an exploration right is a core asset for the future development of the company.
Previous article:Mineral rights mortgage financing: three conditions are indispensable, don’t let hundreds of millions of mines turn into dead assets