The newly revised Mineral Resources Law has been officially implemented, and supporting documents have been formulated to enter the fast lane
2025-07-07
Starting from July 1st, the newly revised Mineral Resources Law will officially come into effect. This revision is the first major overhaul of the Mineral Resources Law after 29 years, and it is a groundbreaking event in the history of natural resource rule of law construction. ”At a recent press conference held by the Ministry of Natural Resources, Wei Lihua, the chief planner of the Ministry, stated. The reporter learned from the briefing that the new Mineral Resources Law adheres to a problem oriented approach and faces prominent issues that urgently need to be addressed in mining management practices. It has achieved new breakthroughs in mining land, acquisition of strategic mineral resources, exploration and mining "through trains," integration of oil and gas exploration and mining, and compensation for mining rights recovery. The Ministry of Natural Resources attaches great importance to the implementation of the Mineral Resources Law, and regards the implementation of the new Mineral Resources Law as the top priority of current and future natural resource management work. ”Wei Lihua said. It is understood that the Ministry of Natural Resources is actively promoting the formulation of relevant supporting documents. In 1986, China promulgated its first Mineral Resources Law, which clarified that mineral resources belong to the state and provided basic legal guarantees for the exploration and development of mineral resources, marking the legalization of mineral resource management in China. In 1996, China made an amendment to the Mineral Resources Law, improving the system of compensated use and lawful transfer of mining rights. In 2009, individual textual revisions were made to the Mineral Resources Law. Since then, the Mineral Resources Law has not been amended for many years, becoming a weakness in mining management. Wei Lihua said that the new mineral resources law adheres to the problem orientation, faces the outstanding problems that need to be solved urgently in the practice of mining administration, and has achieved new breakthroughs in mining land use, land acquisition for the exploitation of strategic mineral resources, the "through car" for exploration and mining, the integration of oil and gas exploration and mining, and compensation for the recovery of mining rights. The transfer of mining rights is an important part of mining rights management. The reporter learned from the briefing that the new Mineral Resources Law has for the first time legally established a market-oriented allocation system for exploration and mining rights through bidding, auction, and listing. It stipulates that mining rights should be sold through competitive means such as bidding, auction, and listing, reflecting the concept of adhering to the decisive role of the market in resource allocation. At the same time, the new Mineral Resources Law implements the provisions of the Civil Code on property rights protection and establishes for the first time a registration system for mining rights and property rights. In the past, exploration and mining licenses were both property rights certificates and licenses. The new Mineral Resources Law has completely ended the history of "one license carrying two rights". Wei Lihua introduced that the new Mineral Resources Law adapts to the new era and new requirements, and embodies the concept of coordinated development and safety, coordinated development and protection, market allocation of resources, property rights protection and equal protection, and whoever mines repairs in terms of guiding ideology and institutional arrangements. The revision of the new Mineral Resources Law has been successfully completed, winning broad consensus from all sectors of society in ensuring the security of national mineral resources and promoting green and high-quality development of the mining industry. Zhuang Xiaoyong, deputy director of the Economic Law Office of the Law Working Committee of the Standing Committee of the National People's Congress, said at the briefing that the revised Mineral Resources Law, which meets the new requirements of the new situation of mineral resources development and protection, fully summarizes the practical experience of reform such as the transfer of mining rights, highlights the goal of safeguarding the safety of national mineral resources, focuses on key links and major issues in the field of mineral resources, follows the laws of geological work and mining development, and ensures that the system design conforms to the actual situation of mineral resources exploration and mining, which is of great significance to promoting high-quality development of mining and providing resource support for promoting Chinese path to modernization. Actively promoting the formulation of relevant supporting documents, the newly revised Mineral Resources Law was reviewed and approved in November last year. In order to strengthen leadership and organizational work, the Ministry of Natural Resources issued a notice in December last year on the implementation of the new Mineral Resources Law, which comprehensively planned and arranged the implementation of the new Mineral Resources Law. The reporter learned from the briefing that the Ministry of Natural Resources is accelerating the drafting process of the implementation regulations for the Mineral Resources Law. At present, the draft of the regulation has been submitted to the State Council through legislative procedures and is undergoing legislative review by the Ministry of Justice. In addition, the Ministry of Natural Resources has conducted a comprehensive cleanup of departmental regulations and normative documents related to mineral resource management, and has put forward corresponding cleanup suggestions in accordance with the principle of "abolishing as much as possible and modifying as much as possible". The effectiveness of the law is reflected in the execution process. It is understood that the Ministry of Natural Resources is currently actively promoting the formulation of relevant supporting documents. The relevant person in charge of the Land and Space Ecological Restoration Department of the Ministry of Natural Resources introduced that in order to promote the implementation of the ecological restoration system for mining areas established by the new Mineral Resources Law, the Ministry of Natural Resources is urgently studying and formulating the "Notice on Further Strengthening the Supervision of Ecological Restoration for Production Mines" and the "Guidelines for the Preparation of Ecological Restoration Plans for Mining Areas". The relevant person in charge of the Mineral Resources Protection and Supervision Department of the Ministry of Natural Resources introduced that in order to implement the requirements of the new mining law on the management of overlying mineral resources, the development of a catalog of mineral resources sub minerals, and the disclosure of exploration and mining information, and to effectively connect the old and new systems, the Ministry of Natural Resources has organized the drafting of policy documents such as the "Notice on Doing a Good Job in the Management of Overburden Mineral Resources in Construction Projects", "Catalog of Mineral Resources Sub minerals", and "Notice on Further Strengthening the Management of Exploration and Mining Information by Mining Rights Holders". The relevant person in charge of the Mining Rights Management Department of the Ministry of Natural Resources introduced that in terms of mining rights management, the Ministry of Natural Resources has focused on the construction of mining rights registration system and exploration and mining license system, continuously deepening the reform of mineral resources management. One is to establish a mining rights registration system, create a mining rights registration book, highlight the usufructuary nature of mining rights, and strengthen the protection of rights. The second is to improve the permit system for mineral resource exploration and mining, and effectively connect the old and new systems. The third is to improve the management system of transfer contracts and develop a model text for mining rights transfer contracts. (New Society)
Edit:XINGYU Responsible editor:LIUYANG
Source:21jingji.com
Special statement: if the pictures and texts reproduced or quoted on this site infringe your legitimate rights and interests, please contact this site, and this site will correct and delete them in time. For copyright issues and website cooperation, please contact through outlook new era email:lwxsd@liaowanghn.com