mineral resources

June 15th is getting closer and closer, and the "Regulations on the Implementation of the Mineral Resources Law" will be officially implemented. Recently, many friends who own mining rights have asked me: "Lawyer Liu, the new regulations will be implemented soon. What exactly are we going to do?" TodayBeijing Yingting Law FirmWe have prepared a practical self-check list for everyone, just follow it.

Item 1: Confirm the validity period of mining rights.

Open your mineral rights certificate and see what the expiration date is. Remember a key time point:6 months to 3 months before the mining right expiresis the application window for renewal. If you find that it is less than 6 months before expiration, start the renewal process quickly, don't wait until the last day to think about it.

There is another situation that requires special attention: some mineral rights holders hold exploration rights and mining rights at the same time. The expiration dates of the two certificates may be different, so they must be confirmed separately to avoid omissions.

Item 2: Confirm the payment of income from the transfer of mining rights.

Dig out the mining rights transfer contract you signed that year and check whether the transfer proceeds have been paid in full. If you have installment payments or missed payments, be sure to find ways to make up for them before the new regulations come into effect. The new regulations keep a close eye on the issue of arrears, so don’t lay waste to yourself.

Item 3: Confirm whether the mining area involves planning conflicts.

Go to the local Natural Resources Bureau to check whether the scope of your mining area conflicts with current land spatial planning, ecological protection red lines, permanent basic farmland, etc. If there is a conflict, you must plan a response plan in advance, whether to apply for adjustment of the scope or application for compensation to withdraw, and you must be mentally prepared and take practical actions.

Item 4: Confirm the implementation of the ecological restoration plan.

The new regulations strengthen the ecological restoration system in mining areas, and mining rights holders must fulfill their ecological restoration obligations. Check this out: Have you prepared an ecological restoration plan for your mining site? Are ecological restoration costs extracted on an annual basis? Is the restoration project progressing as planned? If you haven't done this, start now.

Item 5: Confirm the disclosure of exploration and mining information.

The new regulations continue the exploration and mining information disclosure system for mining rights holders. Check this: Have you completed the exploration and mining information for the previous year before March 31 of each year? Is the published content true and accurate? If it is included in the abnormal list or the list of seriously dishonest subjects, it must be rectified as soon as possible.

Lawyer Yingting reminds you:The above five confirmations may sound cumbersome, but they are not difficult to do. The key is to develop a habit of regular inspections to avoid small problems turning into big ones. The new regulations will be implemented soon on June 15. If you find any problems during the self-examination process, it is recommended to consult a professional lawyer immediately to formulate a response plan.

Beijing Yingting Law FirmHe has focused on mining legal services for many years and has extensive experience in mining rights registration, renewal, transfer, dispute resolution and other fields. Lawyer Liu Jingzhu reminds you: Mining rights are large assets, and protecting them is your right and your responsibility.

If you have any questions during the self-examination process, please contact Beijing Yuting Law Firm and we will provide you with professional legal guidance.

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