mineral resources

A few days ago, a mining boss from Northeast China complained to me, saying that his mining license expired in three months and he submitted an application for renewal half a year in advance. As a result, two months have passed and there has been no movement from the Natural Resources Bureau. "When I asked, they said, 'Wait a minute, let's do some research.' I had no idea whether my mine could continue to operate."

In this case,Beijing Yingting Law FirmI have good news for everyone: the new regulations have given you support.

The core breakthrough of the new regulations: 15-day response system

Article 16 of the new regulations clearly stipulates: The original mining rights transfer department shall make a decision on whether to approve the renewal before the expiration of the mining rights. Note that the word here is "should", not "can". This means that the competent authorities have a clear legal obligation to make a decision within a time limit and cannot continue to "research and study" indefinitely.

Although the new regulations do not directly specify the specific number of "15 days", combined with the relevant provisions of the Mineral Resources Law and the overall direction of the administrative approval reform, the approval time limit for mining license renewal is being significantly reduced. In practice, many places have achieved the goal of completing approval within 15 working days.

What does "15 days to reply" mean?

First, it means your application will not be put on hold indefinitely. The previous situation of "there is nothing to follow once the materials are submitted" will be fundamentally changed. If there is no reply within the legal time limit, you can claim your rights according to law.

Second, it means that you have the right to know the progress of the approval. After submitting the application, if there is no news after a reasonable period of time, you have the right and reason to inquire about the progress, urge or complain.

Third, it means that exceeding the time limit may have legal consequences of "deemed consent". Although the new regulations do not explicitly stipulate the "tacit approval" system, combined with the basic principles of administrative law and the trend of the "decentralization, regulation and service" reform in recent years, failure to respond after the deadline may be beneficial to you.

What should we pay attention to in practice?

First, the application time must be accurate. The new regulations require applications to be made 6 months to 3 months before expiration. Too early or too late may cause problems.

Second, the application materials must be complete. If the materials are incomplete, the approval time limit will be calculated from the date when the materials are completed.

Third, keep your application credentials. When submitting an application, be sure to keep the receipt or signature record. This is an important evidence for claiming your rights.

Lawyer Yingting reminds you:If your mining license renewal application encounters "delay", don't wait passively. It is recommended to send a reminder letter first and keep relevant evidence. If you still do not receive a response within a reasonable period of time, you can complain to the superior authority or entrust a lawyer to file an administrative review.Beijing Yingting Law FirmWe have handled numerous mining license renewal disputes and can help you safeguard your rights and interests according to law.

If you encounter problems related to the renewal of mining licenses, please contact Beijing Yingtong Law Firm. Lawyer Liu Jingzhu will provide you with professional help.

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