mineral resources

“My mine will be closed down with just one word from the government, and the compensation is not enough to repay the loan!” This is the most common problem reported by mining business owners in the past two years.

1. Core Rules of Judicial Interpretation

The Supreme People’s Court’s Judicial Interpretation on Mining Rights Disputes clearly stipulates:If mining rights need to be recovered early due to public interests, fair compensation should be provided.

Three core meanings:

1.Fair compensation is a legal obligation: It is not an administrative gift. The compensation standard must be based on the actual value of the mining rights.

2.Based on third-party evaluation: The government’s unilateral pricing is invalid

3.Policy shutdown cannot be deprived without compensation: The property rights and interests obtained by the mining right holder in accordance with the law are protected by law.

2. Typical cases

A mining company in a certain province was asked to withdraw due to the adjustment of ecological red lines. The initial investment totaled 38 million yuan, but the local government only agreed to compensate it 12 million yuan. After entrusting our firm to intervene, the value of the mineral rights was confirmed to be 51 million yuan through third-party evaluation. In the end, the court ruled that compensation should be based on the evaluated value.

3. Lawyer’s advice

1.Entrust evaluation immediately: Don’t wait for the government to come up with a plan before reacting passively

2.Keep investment receipts intact: Lay the foundation for subsequent rights protection

3.If you have any objections to the compensation plan, consult a lawyer promptly: Don’t sign an agreement hastily

The government can take back mineral rights in accordance with the law, but it must compensate fairly.