mineral resources

When I first entered the industry, the biggest headache in handling mining rights overturn cases was the lack of legal basis. At that time, there were almost no legal provisions on compensation for overturning. Mining rights holders had to either accept the "superior price" offered by the construction unit or fall into endless wrangling. More than twenty years have passed,Beijing Yingting Law FirmIt is good to see that the legal system for compensation for overturning mineral rights has undergone fundamental changes.

Dilemma of the old times

Under the old system, mineral rights overburden compensation faced several core issues:

First,Compensation standards are unclear. The law only says "compensation should be made", but there are no regulations on how to compensate or how much to compensate. The construction unit will pay whatever they say, and the mining rights holders have no bargaining power at all.

Second,Negotiation procedures are not standardized. The construction unit can talk however they want, and there are no rules for when or how many rounds of talks. Some construction units deliberately delay and wait until the mining rights expire before pressing ahead, thus greatly reducing costs.

Third,Relief channels are not smooth. What should I do if negotiation fails? There is no clear legal basis for prosecution, there is no special department for accepting complaints, and mining rights holders have no way to complain.

Changes to the new system

The Mineral Resources Law revised in 2024 and the Implementation Regulations of the Mineral Resources Law implemented in 2026, as well as the judicial interpretation of mining rights disputes issued by the Supreme Court, have jointly constructed a relatively complete legal system for override compensation:

First, the principle of "compensate first and suppress later" is clarified.

Although the law does not directly use the expression "compensate first and then suppress", it can be seen from the logic of judicial interpretation: if the compensation is suppressed without signing a compensation agreement, the construction unit shall bear tort liability. This means that signing a compensation agreement is a prerequisite for overriding.

Second, the scope of compensation is refined.

Article 17 of the 2026 Supreme Court Judicial Interpretation clearly stipulates four compensation contents: paid mining rights transfer income, exploration investment and interest, investment and interest in established mining facilities, and relocation of corresponding facilities. These are direct losses that can be seen and calculated, and have a clear basis for calculation.

Third, the property rights protection of mining rights has been strengthened.

The new regulations continue the provisions of the Mineral Resources Law on the property attributes of mining rights. Mining rights are property rights and are protected by property rights laws. If a construction project overwhelms mining rights, in principle, it must negotiate with the mining rights holder and provide compensation, and "forced buying and selling" is not allowed.

Fourth, relief channels have been improved.

Now, mining rights holders can safeguard their rights through the following channels: complain and report to the competent authorities, apply for government coordination, apply for arbitration, file civil lawsuits, and file administrative lawsuits. Relief channels are diversified and there is more room for choice.

Lawyer Yingting reminds you:The system has improved, but there are still many problems in practice. The specific calculation method of compensation standards has not yet been unified, the market-based mechanism for override assessment is not yet complete, and the judgment standards in judicial practice are also inconsistent. This requires the intervention of professional lawyers to help mining rights holders safeguard their rights according to law.

Beijing Yingting Law FirmHe has long been paying attention to the evolution of the mining legal system and has accumulated rich experience in the field of mineral rights override compensation. Lawyer Liu Jingzhu reminded: The law protects those who safeguard their rights in accordance with the law, not those who wait passively. If you encounter the problem of overwriting of mineral rights, you must take the initiative and deal with it in accordance with the law.

If you want to know more about the legal provisions on compensation for mining rights overburden, please contact Beijing Yingtong Law Firm and we will provide you with professional legal services.

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