40 Mining Legal Issues That Every Mining Professional Must Know
Release time:
2015-10-14
Source:
1 What are mineral resource extraction activities? Why is paid extraction of mineral resources implemented?
Answer: According to Article 2 of the Implementation Regulations of the Safety Law of Mines of the People’s Republic of China, mining activities refer to the exploration of mineral resources and the construction, production, closure, and related activities carried out within the mining areas approved in accordance with the law. Mineral resources are owned by the state and represent a valuable national asset. Naturally, when exploiting mineral resources owned by the state, it is only right that a certain fee be paid to the state as compensation. For a long period in the past, China adopted a policy of free exploitation of mineral resources, enabling some enterprises and individuals engaged in mining to easily reap profits and incomes. In effect, this turned a portion of the nation’s wealth into collective or private ownership—a practice that was fundamentally unreasonable. Moreover, the free exploitation of state-owned mineral resources masked the weak management and operational shortcomings of many mining enterprises, hindering efforts to improve their management standards, enhance economic and social benefits, and promote the rational development, utilization, and protection of mineral resources. As stipulated in Article 5 of the Mineral Resources Law of the People’s Republic of China, the state adopts a paid-exploitation system for mineral resources, with the primary means being the collection of resource taxes and mineral resource compensation fees—economic compensation designed to offset the depletion of these resources.
2. What are minerals that cannot be comprehensively mined temporarily? What are minerals that must be extracted simultaneously with the main ore body but cannot be fully utilized at present? What are the sporadic minerals located at the margins of the mining area’s designated boundaries?
Answer: Mineral resources that cannot be mined and processed comprehensively at present refer to coexisting or associated minerals whose extraction, beneficiation, and smelting technologies have not yet been fully developed; whose extraction is economically unfeasible at this time; which currently lack market demand both domestically and internationally; and which will not be damaged during the mining of the primary mineral resources. For these minerals that cannot be mined and processed comprehensively at present, effective protective measures should be adopted—for example: leaving behind necessary safety pillars and maintaining tunnels properly for future mining; using mining methods such as backfilling to extract lower ore bodies without disturbing the upper ore bodies that are temporarily not being mined; and, for ores that can be extracted using the same mining system but are not currently being mined, after the primary ore has been fully extracted, preserving and maintaining the necessary tunnels and underground facilities.
Minerals that must be mined simultaneously with the main ore body but cannot yet be comprehensively utilized refer to those minerals whose coexisting and associated minerals cannot be separately mined or transported during the extraction of the main ore, owing to the geological conditions of the deposit. As a result, these minerals can only be extracted together with the main ore.
Scattered mineral deposits located at the periphery of the mining area refer to ore bodies and veins that lie outside the mining areas designated in the overall mining plan within the mining area, or to marginal sections of ore bodies that mining enterprises deem do not affect normal production and safety and can therefore be allocated for exploitation by other mining right holders.
3. What are the “three rates” of a mine?
Answer: The so-called “three rates” of a mine refer to the mining recovery rate, the mining dilution rate, and the ore dressing recovery rate. Among these, the mining recovery rate and the mining dilution rate quantitatively reflect the extent to which underground resources are utilized.
The mining recovery rate refers to the percentage of the actual amount of ore extracted within a mining area relative to the geological reserves in that same area, as calculated by the mining enterprise. Depending on the size of the calculation area, the recovery rate can be categorized into face-level, district (mining block) level, and mine-wide recovery rates. The mine-wide recovery rate specifically refers to the overall recovery rate for the entire mine, open-pit mine, or mining bureau. The mining recovery rate is a key technical and economic indicator used to assess the quality of a mining enterprise’s extraction technology and management level, as well as the degree to which resources are effectively utilized. The higher the mining recovery rate, the more ore is extracted, the less ore is lost in the mine, and the better the efficiency of resource development and utilization. Conversely, a low mining recovery rate results in reduced ore recovery and higher costs. To cut costs and maximize output value and profits, mining enterprises often adopt practices such as extracting rich ores while discarding poor ones, mining easy-to-extract deposits while abandoning difficult ones, extracting thick veins while ignoring thin ones, and mining large-scale deposits while neglecting smaller ones—leading to significant resource losses. A low recovery rate also shortens the service life of the mine.
The mining dilution rate is the ratio of the difference between the ore grade in the original geological deposit within the mining area and the ore grade of the extracted ore, relative to the original ore grade. During the mining process, dilution occurs when waste rock and gangue are mixed in, high-grade ore is lost, or certain valuable components dissolve or are dispersed, resulting in an extracted ore grade that is lower than the ore grade used in the initial industrial reserve calculations. This phenomenon is known as ore dilution. It serves as one of the key indicators for evaluating the quality of extracted ore by mining enterprises and also provides a basis for assessing the rationality of mining methods employed. A high ore dilution rate can lead to a decline in the quality of the final product and negatively impact the economic performance of the enterprise.
The recovery rate in mineral processing refers to the percentage of the weight of the valuable component being recovered in the concentrate (generally referring to the refined ore) relative to the weight of that same valuable component in the feed ore. This is a key technical and economic indicator used to evaluate the mineral processing technology, management level, and degree of recovery of valuable components in the feed ore of mining enterprises; it also serves as an indicator reflecting the level of resource utilization. The recovery rate reflects the extent of loss of the analyte during the sample analysis process—lower losses result in higher recovery rates. Generally, provided that the quality requirements for the concentrate are met, the higher the recovery rate of a particular valuable component in the concentrate, the more completely that valuable component has been recovered.
4. What is a mining right? What is a mining rights holder?
Answer: According to Article 6 of the Implementation Rules of the Mineral Resources Law of the People’s Republic of China, mining rights refer to the right enjoyed by a legally qualified entity or individual who applies for registration with the competent authority for mineral resources, obtains a mining permit, and within the prescribed scope and duration of mining, extracts the minerals authorized for exploitation and acquires the resulting mineral products. The entity or individual that obtains the mining permit is referred to as the mining right holder.
5. What are the rights and obligations of a mining rights holder?
Answer: Once a mining rights applicant’s mining project receives national approval and the mining rights are obtained, the applicant becomes the mining rights holder. While enjoying the legal rights to exploit mineral resources and reaping economic benefits, the mining rights holder is also required to shoulder corresponding legal obligations. According to the provisions of laws and regulations on mineral resources, mining rights holders have the following rights and obligations:
The rights enjoyed by the mining right holder are as follows: (1) The right to construct production and living facilities necessary for mining within the approved mining area; (2) The right to carry out mining activities within the scope and duration specified in the mining license; (3) The right to obtain the licensed mineral products as well as co-produced and associated mineral products; (4) The right to conduct production exploration within the mining area; (5) The right to independently sell mineral products and set their prices in accordance with national regulations; (6) The right to legally acquire land use rights and other surface rights (such as rights of way for roads and rights to establish power, water supply, oil pipelines, and communication lines) in accordance with national regulations.
Obligations of the mining right holder: (1) The obligation to commence mine production and construction within the approved time frame and carry out mining operations; (2) The obligation to conduct mine design in accordance with national regulations, adopt advanced and rational mining methods and ore-processing technologies, ensure that the mine’s “three rates” meet the design requirements, and make comprehensive use of coexisting, associated, low- and medium-grade, thin ore deposits, and ores that are difficult to beneficiate; (3) The obligation to submit statistical reports on the development and utilization of mineral resources as required by the state and to safeguard the security of mine archival materials; (4) The obligation to accept supervision and inspection by state officials as stipulated by the state and to complete annual inspections or registration procedures on time; (5) The obligation to pay, as prescribed by the state, fees for the use of mining rights, the purchase price of mining rights, compensation fees for mineral resources, resource taxes, and other related charges; (6) The obligation to implement, as required by the state, measures for environmental protection, soil and water conservation, occupational safety and health protection, and land reclamation.
6. How does a prospecting rights holder apply for mining rights?
Answer: According to the provisions of the Mineral Resources Law of the People’s Republic of China and other relevant laws and regulations, the holder of a prospecting right has the right to priority access to a mining right. For projects that comply with mineral resource planning and industrial policies (including meeting entry requirements, etc.), the holder of the prospecting right shall, within the validity period of the exploration license, submit an application to the registration authority for delineating the mining area and registering the mining rights.
7. What qualification requirements must the applicant for mining rights meet?
Answer: Due to the high risks and specialized technical requirements associated with mineral resource extraction, the state mandates that mining right holders possess specific legal capacity when granting mining rights—meaning that mining right applicants must meet certain qualification criteria. According to the Mineral Resources Law and relevant regulations, mining right applicants shall meet the following qualification requirements:
(1) Possessing the necessary technology and financial resources that are compatible with the mining plan. Both technical capabilities and financial strength are indispensable prerequisites for mining right holders to carry out mineral resource extraction. The formulation of a mine exploitation plan is based on the various natural conditions of the ore deposit as provided by geological studies. For example, the selection of an appropriate mining method depends on factors such as the occurrence and geometry of the ore body, the structure of the ore itself, and the stability of the surrounding rock. At the same time, it is also necessary to take into account the permissible degree of ground subsidence required by critical surface structures (such as railways and bridges). The choice of beneficiation methods, meanwhile, hinges on the type of ore as well as its physical and chemical properties, the nature of its mineral inclusions, and the size distribution of these inclusions. Different mining and beneficiation methods demand corresponding technical conditions; this is an essential prerequisite for scientifically and rationally exploiting mineral resources, as well as for their effective utilization and protection. Financial resources are a fundamental precondition for enterprise production and construction. If the initial capital investment is insufficient, mining right holders will either have to halt construction and production altogether or resort to indiscriminate extraction—focusing solely on rich deposits while neglecting poorer ones—in pursuit of exorbitant profits. Therefore, applicants for mining rights must provide assurance of their investment and financing capabilities.
(2) Corporate legal entities or individual business operators holding a business license. As the holder of a mining right, one not only acquires corresponding rights under the law but also assumes corresponding obligations. Within the designated mining area, the mining right holder enjoys the exclusive right to occupy and exploit mineral resources. At the same time, the mining right holder is obligated to carry out rational exploitation and protection of mineral resources, safeguard the ecological environment, pay taxes and fees to the state, and accept state supervision and inspection. Should the mining right holder abuse its rights or fail to fully fulfill its obligations, it shall bear legal responsibility. Therefore, mining right holders must be corporate legal entities capable of independently exercising civil rights and fulfilling civil obligations and bearing civil liability. Currently, China has a large number of individual producers engaged in mining activities. When granting mining rights, the mining registration and management authorities require that individual miners who do not have legal person status must be formally registered with the administration for industry and commerce, hold a valid business license, and be legitimate operators capable of assuming civil liability.
(3) The applicant for a mining right must either be the holder of a prospecting right or the proposed mining area must constitute “unoccupied land.” The legal prerequisite for establishing a mining right is that the applicant must either hold a prospecting right or that the proposed mining area must be “unoccupied land” where no mining rights have yet been established. A geological exploration report is one of the documents that, according to national regulations, mining right applicants are required to submit when applying for a mining right. Every proposed mining area must have undergone a certain degree of geological exploration work. Generally speaking, the applicant should be the holder of a prospecting right; legally, the holder of a prospecting right enjoys priority in mining within the scope of their prospecting right. This priority is absolutely guaranteed as long as the holder does not waive their right to mine, and no other civil entity may infringe upon it. Of course, under special circumstances, this priority enjoyed by the holder of a prospecting right to exploit mineral resources may yield to the fundamental interests of the state. In exceptional cases, for reasons of national interest, the state may assign the mining right to an entity designated by the state for exploitation, or may reserve it as a strategic national reserve. However, the state will provide appropriate economic compensation for any loss of rights suffered by the holder of the prospecting right.
8. What is the mining rights approval and registration system?
Answer: The mining rights approval and registration system refers to the state’s regulatory framework for examining, approving, and issuing mining licenses to state-owned mining enterprises, collectively-owned mining enterprises, privately-owned mining enterprises, and individual miners. Under this system, after undergoing the legally prescribed procedures for review and licensing, the state entrusts its mineral resources—owned by the state—to specific mining enterprises for management and operation. This constitutes an important legal mechanism through which the state exercises its ownership rights. The mining rights approval and registration system is a crucial component of China’s mineral resource legal regime. Both China’s Constitution and the Mineral Resources Law explicitly stipulate that mineral resources are owned by the state, making the state the sole owner of these resources. Only the state has the right to exercise control over possession, use, revenue generation, and disposal of mineral resources. However, since the state as a whole cannot personally exercise all aspects of its ownership rights, many countries around the world, while safeguarding the state’s ownership of mineral resources, also provide that any entity or individual who fulfills the required procedures for applying for mining registration may obtain mining rights and engage in lawful mining activities. Currently, in China, any entity or individual seeking to obtain mining rights must follow the approval, registration, and licensing system prescribed by the Mineral Resources Law and complete the necessary application procedures for mining registration. The approval and registration system for mineral resource exploitation reflects the fundamental premise of state ownership of mineral resources, thereby ensuring the state’s coordinated planning, comprehensive development, and rational allocation of these resources. At the same time, through this system, the state can also employ legal means to clarify and regulate various relationships arising from mining activities.
9. What is the mining area boundary?
Answer: The mining area refers to the three-dimensional spatial region—comprising the area legally designated by the registration and management authority as suitable for mining mineral resources, the distribution range of underground mine shafts and tunneling facilities, or the open-pit stripping area. The area of the mining area is the area of the projection of this three-dimensional spatial region onto the ground surface. The mining area serves as the spatial boundary within which the mining rights holder carries out mining activities and fulfills the rights and obligations conferred by law. According to the “Notice of the Ministry of Natural Resources on Further Improving Issues Related to Mining Rights Registration and Management” (Guotu Zifa [2011] No. 14), the designation of a mining area refers to the administrative act whereby the registration and management authority legally reviews and approves the three-dimensional spatial region proposed by the applicant, encompassing both the area suitable for mining mineral resources and the planned distribution range of mining facilities. The approval document designating the mining area serves as the basis for the applicant to carry out all preparatory work for mining registration. In principle, the registration and management authority shall approve the designation of the mining area based on the area suitable for mining mineral resources. If the planned distribution range of mining facilities extends beyond the scope of the exploration rights, the application for designation of the mining area may be approved only after undergoing expert review and obtaining approval from the registration and management authority.
The delineation of mining area boundaries is intended to enable mining right holders to fully exercise their mining rights and fulfill their mining obligations; it also serves as the prerequisite for determining fee standards. The boundaries of mining areas must be legally defined by the registration and management authority, and no other organizations or individuals may arbitrarily define them. When determining the distribution range of ore bodies and identifying the potential locations of shaft and tunnel facilities required for mining (in the case of open-pit mining, identifying the possible stripping areas), the registration authority shall, while ensuring smooth mining operations, strive to delineate the mining area boundaries in a scientifically sound and reasonable manner. This requirement is designed to facilitate the establishment of additional mining or exploration rights in adjacent areas, thereby maximizing the efficient utilization of mineral resources.
10. How do we define the mining area application’s scope as “blank land”?
Answer: The term “blank land” refers to an area within a mining district where no mining rights have been established or retained, making it legally “unclaimed.” This situation often arises when, after the completion of previous geological surveys, the prospecting right holder concludes that the discovered mineral deposit lacks further potential for exploration and development, and voluntarily relinquishes their rights once it becomes clear that the deposit is not economically viable. Another scenario is when a prospecting right holder discovers a mineral deposit with mining potential but lacks the financial resources or technical capability to carry out extraction themselves. If, within the two-year period during which the prospecting rights are retained, the holder fails to find a suitable partner or an appropriate financing arrangement, they are compelled to give up their mining rights. In both of these cases, the mining rights are reclaimed by the state and subsequently re-allocated through either granting or tendering procedures at an appropriate time.
11. What are the legal procedures for applying to delineate the boundaries of a mining area?
Answer: The boundaries of the mining area must be delineated by the authority responsible for mining registration management. The specific work can be divided into the following three steps:
(1) The applicant for mining rights shall submit an application for delineating the mining area. In accordance with the licensing authority stipulated in the “Administrative Measures for the Registration of Mineral Resource Exploitation” and the authorization granted by the competent department of natural resources to the provincial (autonomous region, municipality) departments of natural resources for the approval of mining rights, the applicant shall submit the application materials for delineating the mining area to the mining registration and management authority for review. The application shall specify: ① the necessity of establishing the mine; ② an overview of the geological exploration work and the methods used to obtain geological data; ③ a preliminary plan for the development and utilization of mineral resources, accompanied by a map indicating the proposed mining area (marked using national rectangular coordinates); ④ a planned arrangement of investment channels for mine construction, as well as any other issues that need to be clarified.
(2) Delimitation of mining area boundaries. After receiving the application materials submitted by the applicant, the mining registration and management authority shall carefully review the reliability of the applicant’s geological report and the reasonableness of the preliminary plan for the exploration and utilization of mineral resources, and then make a decision on whether to approve the mining operation. If the mining operation is approved, the authority shall, at the same time as delimiting the mining area boundaries, approve the types of minerals to be mined and specify the duration for which the mining area boundaries will be retained. In addition, the mining registration and management authority will also put forward specific comments and requirements regarding the plan for the exploration and utilization of mineral resources, including requirements related to the scale of mine construction, comprehensive development and utilization of mineral resources, and integrated recovery efforts.
(3) Retention of the mining area boundary. Once the mining area boundary has been demarcated, it signifies that the mining registration and administration authority has approved the applicant to carry out preparatory work for the exploitation of mineral resources within that area. Consequently, mining registration and administration authorities at all levels will no longer accept new applications for mining rights within this area. The reservation period for the mining area boundary is determined based on the time required for preliminary work in mine construction: no more than 3 years for large-scale mines, no more than 2 years for medium-scale mines, and no more than 1 year for small-scale mines.
Only after the mining area has been demarcated can applicants for mining rights—who need to obtain project approval or establish a company—present the demarcated mining area to the planning and management authorities to apply for project approval and prepare feasibility study reports. For those who have not yet established a company, they should go to the relevant authorities to handle the procedures for enterprise approval or company establishment.
12. What matters should be noted when applying to delineate the mining area boundaries?
Answer: According to the “Notice of the Ministry of Natural Resources on Further Improving Issues Related to the Registration and Management of Mining Rights” (Guotu Zifa [2011] No. 14), the exploration degree of mineral resource reserves used as the basis for delineating mining area boundaries shall comply with the requirements of current regulations and standards. Large- and medium-sized coal mines shall reach the exploration degree level; non-coal mines and small coal mines, in principle, shall also reach the exploration degree level. Simple ore deposits shall reach the detailed exploration degree and meet the requirements of mining design. As stipulated in the “Notice of the Ministry of Natural Resources on Further Standardizing the Management of Mineral Rights Transfer” (Guotu Zifa [2006] No. 12), Class III minerals specified therein shall achieve the geological work degree required for mine construction; specific requirements in this regard shall be separately prescribed by the natural resources authorities of each province (autonomous region, municipality). The delineation of mining area boundaries must conform to both the mineral resource planning and the mineral rights allocation plan. In principle, applications for new mineral rights within nationally planned mining areas will not be accepted unless the mineral rights allocation plan for such areas has been approved. If a prospecting right holder within a nationally planned mining area applies for a mining right based on their existing prospecting right, and the proposed application scope does not conform to the mineral resource planning and the mineral rights allocation plan, the applicant shall, in principle, adjust the application scope to ensure consistency with these plans before submitting the application for delineation of the mining area boundary.
13. What is the reservation of mining area boundaries? What is the significance of reserving mining area boundaries?
Answer: The reservation of the mining area, also known as the reserved mining area, refers to the period from the time the mining area is demarcated until the date when the applicant for a mining right submits the application for such right. This period is called the reserved period for the mining area. The mining area represents the spatial scope within which the mining rights holder may carry out mining activities and fulfill the rights and obligations conferred by law. Once the mining area has been demarcated, it signifies that the authority responsible for managing mining rights registration has approved the applicant’s intention to undertake preparatory work for the exploitation of mineral resources in that area. Based on the duration required for preliminary work in mine construction, the reserved period for the mining area is set as follows: no more than 3 years for large-scale mines, no more than 2 years for medium-scale mines, and no more than 1 year for small-scale mines. Only after the mining area has been demarcated can applicants seeking mining rights—who need to obtain project approval or establish an enterprise—present the demarcated mining area to the planning management authorities to apply for project approval and prepare feasibility study reports, among other tasks. If the applicant has not yet established an enterprise, they must go through the relevant procedures for enterprise approval or establishment with the appropriate authorities. From the time the applicant submits the request to demarcate the mining area until the time they apply for a mining permit, the applicant is engaged in activities such as project initiation, conducting feasibility studies, and establishing an enterprise. Only upon completion of these tasks can the applicant obtain the mining permit. Before obtaining the mining permit, the registration and management authority will no longer accept applications for mining rights from other parties within the same demarcated area. Therefore, there is a need to specify the duration between the demarcation of the mining area and the issuance of the mining permit. While ensuring that the applicant has sufficient time to complete the necessary steps—such as project initiation, feasibility studies, and enterprise establishment—the registration and management authority will set specific time limits for processing the mining permit application once the mining area has been demarcated. Should the applicant exceed these time limits without applying for an extension or without submitting a mining rights application, it will be deemed as an automatic waiver. In cases where special circumstances require an extension of the time limit, the applicant must submit a formal request, which will then be reviewed and approved by the registration and management authority. If the applicant fails to apply for an extension within the prescribed period and also fails to submit a mining rights application, their right to the mining area will be considered forfeited.
The significance of the legal provisions governing the reservation procedure for mining area boundaries lies in ensuring the exclusivity of mining rights. Article 3 of the "Administrative Measures for the Registration of Mineral Resource Exploitation" stipulates a hierarchical filing system for registration authorities. In delineating mining area boundaries, registration authorities at all levels can thus identify which areas are vacant and eligible for the establishment of mining rights, as well as which areas already have pending applications for mining rights and therefore cannot be granted new mining rights—thereby preventing the duplication of mining right allocations.
14. What conditions must be met to apply for the registration of a newly established mining right?
Answer: According to the "Mineral Resources Law of the People's Republic of China," the "Administrative Measures for the Registration of Mineral Resource Exploitation," and relevant regulations, an application for new registration of mining rights must meet the following conditions: (1) The applicant for mining rights must be a corporate legal entity. The "Notice of the Ministry of Natural Resources on Further Improving Issues Related to the Registration and Management of Mining Rights" (Guotu Zi Fa [2011] No. 14) stipulates that applicants for mining rights must possess independent corporate legal status, and the registered capital of the enterprise must be no less than 30 percent of the total investment required for mine construction as calculated in the approved mineral resource development and utilization plan. For foreign-invested enterprises applying for mining rights for minerals classified as restricted, they must provide project approval documents issued by the relevant authorities. (2) The mining area has been demarcated and is within the valid reservation period. (3) The scope of the registration application falls within the approved demarcated mining area. (4) The application does not fall under circumstances where the issuance of mining permits is suspended. (5) The designed service life and production scale of the mine are reasonable. (6) Co-occurring minerals are developed, utilized, and recovered comprehensively. (7) The applicant for mining rights possesses the necessary qualification requirements. (8) The applicant meets environmental protection and safety requirements for the exploitation of mineral resources. (9) The mineral resource development and utilization plan complies with the prescribed requirements. (10) The applicant complies with other relevant regulations governing the exploitation of mineral resources.
15. What documents are required to obtain a mining permit?
Answer: In the process of specifically implementing laws, regulations, and policies, the competent department for land and resources generally requires mining right applicants, when obtaining a mining permit, to submit the following documents to the registration and management authority: (1) the receipt for the mining rights registration application; (2) the business license of the enterprise; (3) a letter of authorization or power of attorney; (4) the identification card of the authorized representative; (5) the identification card of the legal representative; (6) receipts for payment of relevant fees.
16. How does the law stipulate the validity period of mining rights?
Answer: The term of mining rights refers to the validity period of the mining permit. According to Article 7 of the “Administrative Measures for the Registration of Mineral Resource Exploitation,” the validity period of a mining permit is determined based on the scale of mine construction: for large-scale or larger mines, the validity period of the mining permit shall not exceed 30 years; for medium-sized mines, the validity period shall not exceed 20 years; and for small-sized mines, the validity period shall not exceed 10 years. If a mining right holder wishes to continue mining after the expiration of the mining permit’s validity period, they must apply to the registration and management authority for renewal procedures no later than 30 days before the expiration date. If the mining right holder fails to complete the renewal procedures within the prescribed time limit, the mining permit shall become automatically invalid.
17. What aspects does the registration and management authority cover in its day-to-day management of mining rights?
Answer: According to the provisions of laws and regulations on mineral resources, after the transfer of mining rights, the authority responsible for mining rights registration and management shall carry out routine administrative tasks. The main aspects of these administrative tasks include annual inspections, changes to mining rights, extensions, and cancellations.
18. Under what circumstances is it necessary to register a change in mining rights?
Answer: Mining rights are civil rights with specific, concrete content. When a mining rights holder obtains a mining right, the associated rights and obligations are already formally established through the mining permit—a legal instrument. If, during the validity period of the mining permit, the mining rights holder is unable to carry out mining activities as prescribed in the mining right due to certain reasons, the holder must apply for an amendment to the terms of the mining right, complete the relevant registration procedures, and obtain a new permit certificate. According to Article 15 of the “Administrative Measures for the Registration of Mineral Resource Exploitation,” a mining rights holder shall apply to the mining registration authority for amendment registration if any of the following circumstances occur:
(1) Modification of the mining area boundary. The mining area boundary is delineated and approved by the mining rights registration authority upon review of the mining rights application. Any changes to the mining area boundary during the course of mine production will inevitably affect the amount of mineral resources extracted. Therefore, the mining rights holder must go to the registration authority to complete the approval and amendment procedures, and obtain re-approval after review by the mining rights registration authority.
(2) Changing the primary mined mineral species. In mining rights management, the classification of mineral species is one of the bases for determining the authority to approve and issue mining licenses. Therefore, if a mining enterprise’s mined mineral species changes, it must go through the necessary amendment procedures at the mining registration and management authority.
(3) Changing the mining method. The mining method adopted by a mining enterprise determines the mining techniques, transportation methods, and the overall construction and production layout of the mine. If the mining method of a mine changes, it means that the mine development and utilization plan—which has been reviewed and approved by the mining registration and management authority—will undergo significant alterations. Therefore, the mining registration and management authority must re-examine the plan and complete the necessary amendment registration procedures.
(4) Changing the name of a mining enterprise. The name of a mining enterprise is the designation under which the mining rights are managed; it is the name registered with the industrial and commercial authorities, thereby establishing the enterprise as a legal entity, and also serves as the identifying mark of the mining rights holder. Without a clearly defined mining enterprise name—or if the name is unclear—this could lead to gaps in the management of mining rights or cause administrative confusion. Managing mining enterprise names, much like managing household registration, is a fundamental prerequisite for ensuring the effectiveness of mining rights administration.
(5) Transfer the mining rights in accordance with the law. Once a mining enterprise obtains approval to transfer its mining rights in compliance with the law, both the transferor and the transferee shall complete the registration for the amendment of the mining permit. This amendment is not merely a formal change in the name of the mining enterprise; rather, it also involves a change in both the formal and substantive aspects of the mining rights holder associated with that name.
The “Notice of the Ministry of Natural Resources on Further Improving Issues Related to the Registration and Management of Mining Rights” (Guotu Zifa [2011] No. 14) stipulates that, except for the circumstances specified in Article 15 of the “Administrative Measures for the Registration of Mineral Resource Exploitation,” whenever there is an increase or decrease in the primary mined mineral species, a change in production scale, or a change in the mine’s name, the mining right holder shall, within the validity period of the mining license, apply to the registration and management authority for a change of registration.
19. How should I proceed with an application to expand the mining elevation range?
Answer: Expanding the mining elevation range falls under the circumstances that require registration of a change in mining rights. The mining right holder must first submit an application for expanding the mining elevation range to the original registration authority, attaching supporting documentation demonstrating the need to expand the mining elevation (including geological reserve reports and approval filing certificates, geological cross-section diagrams, borehole logs, and other relevant materials). After obtaining approval, the holder must then conduct reserve verification, prepare a development and utilization plan, a mine geological environmental protection and restoration plan, a soil and water conservation plan, a land reclamation plan, and an environmental impact assessment. Once all required application materials have been prepared according to the requirements for changing the mining area boundary, the holder may submit an application to the original registration authority to modify the mining area boundary. Only after the registration authority approves the change in the mining area boundary and reissues the mining license can the mining operations commence within the expanded mining elevation range.
20. How should I proceed with an application to expand the mining area’s scope (planar extent)?
Answer: Expanding the scope of a mining area (i.e., its planar extent) falls under the circumstances requiring registration of a change in mining rights. The holder of mining rights must first submit an application for expanding the mining area to the original registration authority, attaching supporting documentation demonstrating the need to expand the mining area (including geological reserve reports and proof of their review and filing, or brief descriptions of geological reserves, etc.). After obtaining approval, the holder must then conduct reserve verification, prepare a development and utilization plan, a mine geological environmental protection and restoration plan, a soil and water conservation plan, a land reclamation plan, and an environmental impact assessment. Once all relevant application materials have been prepared in accordance with the requirements for changing the mining area’s scope, the holder may submit an application for such change to the original registration authority. Only after the registration authority approves the change in mining area scope and reissues the mining permit can mining operations commence within the expanded area.
21. Why must the mining right holder obtain a change registration when there is a change in the primary mineral species being mined?