mineral resources

"My mine was crushed, how much compensation can I get?" This isBeijing Yingting Law FirmThe most frequently asked questions when receiving inquiries about mining rights overlay. Today, let’s talk in detail about the scope of direct losses after the mining rights are suppressed.

Let’s first clarify a premise: What is direct loss?

Direct losses refer to property losses that are directly caused by overturning and can be specifically quantified. The opposite is indirect losses, such as expected benefits. Legally, direct losses are usually easier to support.

Specific scope of direct losses

According to Article 17 of the 2026 Supreme Court Judicial Interpretation on Mining Rights Disputes, the direct losses caused by overwriting of mining rights mainly include:

Item 1: Paid income from mining rights transfer

The transfer income you paid when you obtained the mining rights is the most direct investment. If the mining rights are completely covered, the money should be refunded in full; if it is only partially covered, the money should be refunded according to the covered ratio.

For example: a mining company spent 100 million yuan to obtain mining rights. The mining area covers an area of 10 square kilometers. Now it has been covered by 3 square kilometers. Then the transfer income compensation that can be claimed is about 30 million yuan.

Item 2: Exploration investment and interest

The exploration expenses invested in the exploration rights stage include geological surveying, geological drilling, laboratory analysis, geophysical prospecting work, trench exploration and other field work, as well as indoor data compilation, report preparation and other expenses. These investments must be supported by complete financial documents.

Item 3: Investment in established mining facilities and interest thereon

The fixed assets invested in the mining rights stage include: tunnel projects such as shafts, tunnels, and chambers; ground facilities such as mineral processing plants, crushing systems, and transmission systems; equipment such as transformers, distribution cabinets, winches, and hoists; as well as preliminary land leveling, foundation construction, and other expenses invested in the construction of these facilities.

Item 4: Cost of relocation of corresponding facilities

If equipment and facilities need to be relocated from the compressed area to other areas due to compression, this part of the relocation costs, transportation costs, installation and commissioning costs should be included in the scope of compensation.

Item 5: Losses due to suspension of production and business

Here is a special note: losses caused by suspension of production and business operations are controversial in judicial practice. Some people believe that it is an indirect loss and cannot support it, while others believe that if the suppression does lead to a short-term production shutdown, this part of the loss will be a direct loss.Beijing Yingting Law FirmSuggestions should be made based on the specific circumstances.

Frequently Asked Questions about Compensation Calculations

Question 1: Can the expected income be compensated?

Answer: Expected gains are indirect losses and are not supported in principle. However, if sufficient evidence can be provided to prove the inevitable loss of benefits caused by the suppression, there are also cases that are supported in judicial practice.

Question 2: Which evaluation agency should I choose?

Answer: It is best to be entrusted jointly by both parties. If the other party is unwilling to jointly entrust it, it can be entrusted unilaterally, but attention should be paid to choosing a qualified and reputable evaluation agency, and the evaluation method must withstand cross-examination.

Question 3: What should I do if negotiation fails?

Answer: You can apply for coordination with the natural resources authority, or you can directly file a civil lawsuit with the People's Court.

Lawyer Yingting reminds you:Mining rights overburden compensation is a highly professional job, involving many fields such as mining rights evaluation, financial auditing, and legal analysis. It is recommended to entrust professional lawyers to intervene as soon as possible after being suppressed to control risks throughout the entire process from evidence collection, loss assessment to negotiation and litigation representation.

If you would like to know more detailed calculation methods for mining rights overburden compensation, please contact usBeijing Yingting Law Firm, Lawyer Liu Jingzhu will provide you with professional guidance.

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