mineral resources

Recently I met Mr. Wang, a mine owner in Inner Mongolia. He hurriedly came to me and said, "Lawyer Liu, I heard that new regulations will be implemented on June 15. Do I need to re-apply my mining rights certificate? Do I need to change my mining license?" I have met many anxious mining rights owners like Mr. Wang recently. Today Beijing Yingting Law Firm will talk to you,The "Regulations on the Implementation of the Mineral Resources Law of the People's Republic of China" that will come into effect on June 15, 2026, what exactly do you, the mining rights holders, need to confirm?

The first thing: confirm that your mining rights certificate is still valid.

Article 78 of the new regulations clearly stipulates that exploration licenses and mining licenses issued in accordance with the law before July 1, 2025 will continue to be valid during the validity period. In other words, as long as your certificate has not expired, there is no need to panic or reapply. But there is a premise here - the certificate itself must be obtained legally and the validity period has not expired. If you find that your license is about to expire, you need to look down quickly.

The second thing: verify the relationship between your mineral rights and land spatial planning.

Article 9 of the new regulations requires the mining rights transfer department to ensure that the area to be transferred complies with the national land and spatial planning and control requirements. This means that if your mining area conflicts with the new national spatial planning, you may face adjustments. As a mineral rights holder, you should take the initiative to go to the natural resources department to verify whether your mining area complies with the current planning.

The third thing: understand the difference between prospecting rights and mining rights.

Many bosses cannot distinguish between "mining rights certificate" and "mining license". Simply put, the mineral rights certificate is your property rights certificate, proving that you have rights to this mineral resource; and the mining license is the administrative approval for your permission to mine.Beijing Yingting Law FirmLet me remind you that after the implementation of the new regulations, the application procedures and requirements for these two certificates will be adjusted, so don’t get confused.

The fourth thing: Check whether you need to pay back the mining rights transfer proceeds.

Article 14 of the new regulations stipulates that the transferee of mining rights shall pay the proceeds from the transfer of mining rights in full and on time. If payment is not made in full and on time, liquidated damages must be paid in accordance with relevant national regulations and the transfer contract. If you have historical arrears, it is best to take the initiative to clear the arrears before June 15 to avoid incurring more liquidated damages.

The fifth thing: Confirm whether your ecological restoration plan for the mining area is implemented.

The new regulations strengthen the ecological restoration system in mining areas, and mining rights holders are the persons responsible for ecological restoration in mining areas. If your mine is currently mining or has stopped mining, you must prepare and implement an ecological restoration plan for the mining area as required. This is not only a legal obligation but also a requirement to retain mining rights.

Lawyer Yingting reminds you:There is less than a month left before June 15th. It is recommended that all mining rights holders conduct self-examination according to the above five things as soon as possible. If you have any questions, please consult a professional lawyer in time. The new regulations bring not only norms, but also opportunities - only mining rights holders who comply with the law can gain a firm foothold in the future mining market.

If you want to know more about the legal issues related to mineral rights protection, please contact Beijing Yuting Law Firm. Lawyer Liu Jingzhu will provide you with professional legal services.

Please consult a professional lawyer for specific questions. This content does not constitute legal advice.