Mining Law and Policy Encyclopedia | How to Apply for the Delimitation of Mining Area Boundaries
Release time:
2022-10-14
Source:
China Mining News
The mining area refers to a three-dimensional spatial region encompassing the scope available for mining mineral resources, the distribution range of underground and surface mine infrastructure, or the extent of open-pit stripping operations. This region is delineated jointly by turning-point coordinates and the depth of mining. The designation of a mining area is an administrative act through which the registration and management authority legally reviews and approves the mining area proposed by the applicant. The functions of designating a mining area are as follows: First, the approval document designating the mining area serves as the basis for the applicant to carry out various preparatory tasks for mining registration; accordingly, the applicant can complete all necessary procedures for establishing a new mining right. Second, once the mining area has been designated, the registration and management authority will no longer accept new applications for mining rights within that area, thereby ensuring the exclusivity of the existing mining rights.
The basis for applying to delineate the mining area boundaries: Before submitting an application for a mining right following the completion of mineral exploration work, the holder of the prospecting right shall, based on the geologic exploration reserve report that has been reviewed and filed, apply to the registration and management authority for the delineation of the mining area boundaries. For non-coal mines with large-scale resource reserves and medium-to-large coal mines, the level of mineral resource exploration required shall reach the exploration stage; for other mines, the exploration level shall be at least detailed exploration or higher. If the mining area proposed by the holder of the prospecting right involves multiple mineral types, the mining area boundaries shall be delineated according to the primary mineral type and any associated co-occurring mineral types as specified in the reviewed and filed mineral resource reserve report.
Materials to be submitted for delineating the mining area boundaries: If a prospecting rights holder applies for the delineation of mining area boundaries, they shall submit the Application for Delineating Mining Area Boundaries, the Mineral Resource Reserve Report, the Review Opinion Letter and Filing Certificate, the applicant’s entity qualification documents, the coordinates of the prospecting rights area, the proposed mining area boundaries, the estimated resource reserve range, and a composite map overlaying these three elements, the Exploration License, as well as supporting documents demonstrating payment of the mining rights transfer revenue (price) or proof of compensated disposal.
A reservation period shall be designated for the mining area boundary. If a prospecting rights holder applies for mining rights, the reservation period for the mining area boundary shall remain in effect until the date on which its application for mining registration is approved and the mining license is obtained. During the reservation period, the prospecting rights holder shall apply to retain its prospecting rights no later than 30 days before the expiration of the exploration license’s validity period.
(Contributed by the legal team of Attorney Wu Yonggao from Beijing Jincheng Tongda Law Firm)