[Field: Laws and Regulations]

The implementation regulations of the Mineral Resources Law will be fully switched from June 15, and the old rules will be invalidated.

On June 15, 2026, the State Council Order No. 839 "Regulations on the Implementation of the Mineral Resources Law" was officially implemented. At the same time, 6 old regulations including the "Details for the Implementation of the Mineral Resources Law" were simultaneously abolished. This marks that my country's mineral resources legal system has entered a new stage, with a comprehensive restructuring of rules in various aspects such as mining rights management, land use systems, mortgage financing, and strategic mineral management and control. As the leader of a private mining enterprise, you must clearly understand:The old rules have been completely abolished and the new rules have taken full effect. This article provides you with an in-depth analysis of the core changes and practical points.

1. The six old regulations will be abolished simultaneously, and the issue of legal coherence needs to be paid attention to.

The revision was unprecedented, with six administrative regulations including the "Details for the Implementation of the Mineral Resources Law" (State Council Order No. 152 of 1994), the Measures for the Registration and Management of Mineral Resources Exploration Blocks (State Council Order No. 240 of 1998), the "Registration and Management Measures for Mineral Resources Exploitation" (State Council Order No. 241 of 1998), and the "Management Measures for the Transfer of Exploration and Mining Rights" (State Council Order No. 242 of 1998) being abolished at the same time.

This means that mining rights transfer contracts, administrative licensing approval processes, fee payment standards, etc. that were previously formed based on old regulations need to be re-examined in accordance with the new regulations. Special reminder: If your company is undergoing transfer, extension, change, etc. procedures, be sure to confirm whether the accepting authority has adjusted the review standards in accordance with the new regulations to avoid rejection of the application due to incorrect procedural basis.

2. Comprehensive adjustments to the term of exploration rights and mining rights, and major changes in renewal rules

The new regulations make significant adjustments to the duration of mining rights. According to Articles 16 and 17 of the "Regulations on the Implementation of the Mineral Resources Law":

-Exploration right period: The initial establishment period is up to 4 years, the extension period is up to 2 years each time, and the total period is no more than 8 years (the prospecting breakthrough strategic action project can be up to 10 years). The old rule that exploration rights could last for decades is a thing of the past.
-Mining rights term: Based on the size of the mining area and mineral classification, the period for open-pit mining of small mines shall not exceed 10 years, the period for underground mining of medium-sized mines shall not exceed 15 years, and the period for large-scale mines shall not exceed 20 years. You must apply for extension before the expiration of the period.

Lawyer Tips: If your exploration rights are close to the 8-year limit, or your mining rights are about to expire, you must start preparations for renewal immediately. The new regulations require that renewal applications need to submit a reserve verification report, development and utilization plan implementation status and other materials. The preparation period is long. Do not wait until the expiration date and then improvise.

3. Control over strategic minerals has been tightened and 36 types of minerals have been classified and managed.

The new regulations implement national strategic security requirements and implement hierarchical control over 36 types of strategic minerals. According to Article 8 of the "Regulations on the Implementation of the Mineral Resources Law":

-Class I strategic minerals(Rare earth, tungsten, niobium, tantalum, lithium, beryllium, etc.): Exploration and mining are subject to national planned mining area management, foreign investment is prohibited from entering, and private enterprises need to pay special attention to whether they have obtained mineral rights or are in the exploration stage.
-Class II strategic minerals(Bulk minerals such as iron, copper, aluminum, nickel, etc.): Total quantity control is implemented and must comply with the development intensity determined by the national plan.
-Three types of general minerals: Under the conditions of environmental protection and safety, private enterprises can participate in competition for transfer on an equal basis.

Practical warning: Strategic mineral rights obtained by some private enterprises in the early years may face the risk of being included in planned mining areas and restricted from transfer. It is recommended to sort out the list of corporate mineral rights as soon as possible and conduct a compliance assessment on mineral rights involving strategic minerals.

4. Innovation in the mining land use system and clear rules for mineral rights mortgage financing

Another highlight of the new regulations is to clarify the joint management of mining land and mining rights. According to Article 25 and Article 30 of the "Regulations on the Implementation of the Mineral Resources Law":

- Mining land (mining land, mineral processing land, etc.) can be transferred, leased, etc. with flexible terms, and is no longer required to be expropriated as state-owned land.
-Mining rights mortgageMortgage filing needs to be done with the registration authority. When the mortgage rights are realized, the mineral development control requirements must be met. Mortgage of strategic mineral rights is restricted.

This is a major benefit to private mining companies - land costs are reduced and financing channels are expanded. But please note: mortgage filing ≠ mortgage registration. Financial institutions must verify the legal effect and implementation conditions of mortgage filing before lending.

5. Transition period arrangements: These matters must be completed within the year

There will be a 6-month transition period (until December 15, 2024) after the new regulations are implemented. The following matters require business owners to focus on:

1.Mining rights validity period verification: Check the validity period of all exploration rights and mining rights under your name, and start the renewal application 12 months in advance.
2.Sorting out strategic mineral rights: Conduct risk assessments on mineral rights involving 36 strategic minerals, and consult professional lawyers when necessary.
3.Mortgage Financing Contract Review: If a mining rights mortgage financing contract has been signed, it must be verified whether it meets the requirements of the new regulations and the agreement shall be supplemented if necessary.
4.Self-inspection of land use compliance: Whether the land use procedures have been completed for the occupied mining land. If the procedures have not been completed, corrections must be made during the transition period.

Lawyer advice

Facing the new mineral resources legal system, private mining business owners should:

First, immediately carry out a "physical examination" of mining rights compliance, sort out whether the mineral rights under your name have validity period risks, whether they involve strategic minerals, whether there are mortgage/seizure restrictions, etc.

Second, establish a term management ledger, dynamically monitor the validity period of each mineral right’s exploration license and mining license, and set up an early warning mechanism to avoid the loss of mineral rights due to expiration.

Third, carefully assess the feasibility of newly acquired mining rights, especially for new establishment and transfer applications involving strategic minerals, one should fully understand the control policies to avoid wasted investment.

Fourth, improve the legal documents for mining rights mortgage financing, clarify the mortgage filing process and default resolution mechanism with financial institutions to prevent legal risks.

The legal rules for mineral resources have been completely switched. Only by proactively adapting and operating in compliance with laws and regulations can private mining companies make steady progress in the new wave of resource development.