In response to issues identified by inspection and research conducted by supervisory authorities in the areas of natural resource and ecological conservation, Shaanxi Province recently issued guidelines to explore the establishment of a compensation mechanism for the withdrawal of mining rights within protected areas.

　　This year 5~6 During his research visits to Gansu and Shaanxi, Lu Hao, Minister of the Ministry of Natural Resources, pointed out that the issue of phasing out mining rights in nature reserves should be addressed in a historically specific manner. It is important to distinguish between mining rights established before the designation of the reserve, those established after its designation, mining rights whose approval processes involved violations of laws and regulations, mining rights whose approval involved local-level authorities, and those involving central-level authorities. Guiding opinions on phasing out mining rights should be formulated, drawing on the experiences gained from pilot programs conducted in various regions. In its feedback report on the inspection of Shaanxi Province, the Central Environmental Inspection Group also highlighted the impact of mining activities within various protected areas on the ecological environment.

　　In the first half of this year, an inspection and research conducted by the Xi'an Supervision Bureau revealed two prominent issues in the Qinling region regarding natural resource and ecological conservation: First, the withdrawal of mining rights and compensation have yet to be fully implemented. As of now, in Shaanxi Province’s national-level nature reserves, the following are involved: 30 All mining rights have been fully withdrawn, and mining rights involved in various protected areas below the provincial level are being gradually phased out. Shaanxi Province is implementing the withdrawal of mining rights according to the principles of categorized management and the approach of “withdrawal first, compensation later.” However, with regard to compensation for legally obtained mining rights, there is basically no clear policy yet, and no compensation has been paid. As a result, some cities and counties are facing pressure from petitioning and litigation. Second, the costs of restoring and rehabilitating abandoned mines are high, placing significant financial burdens on grassroots governments, and current investment remains insufficient. In accordance with the requirements of the Ministry of Natural Resources, the Xi'an Supervision Bureau promptly reported to the Shaanxi Provincial Government issues related to the withdrawal of mining rights and geological environmental remediation in the Qinling Ecological Protection Zone. In response, the relevant official in charge at the provincial government has called for the swift issuance of guiding opinions on the withdrawal of mining rights and for accelerating the geological and ecological restoration of the Qinling region.

　　After thorough communication with the Ministry of Natural Resources and following deliberation and approval at a regular meeting of the Shaanxi Provincial Government, the General Office of the Shaanxi Provincial Government has issued the “Guiding Opinions on the Orderly Withdrawal of Mining Rights in Protected Areas in Shaanxi Province,” exploring the establishment of a compensation mechanism for the withdrawal of mining rights that have been legally obtained and operated within protected areas.

　　Shaanxi Province has established four basic principles for the lawful and orderly withdrawal of mining rights within protected areas: First, prioritize ecological protection and ensure that all mining rights overlapping with protected areas are withdrawn as required. Adhere to the principle of ecological priority and green development, conduct a comprehensive survey and cleanup of mining rights within protected areas, and set deadlines for the withdrawal of mining rights that overlap with the boundaries of these protected areas. Second, handle mining rights in a categorized manner according to law and regulations. Fully respect the legal establishment of mining rights, safeguard the legitimate rights and interests of mining right holders and employees, and adopt diversified, legally compliant approaches tailored to different circumstances such as mineral types and investment models. Third, coordinate comprehensively and advance steadily. Uphold government leadership and inter-departmental collaboration, clearly define responsibilities, implement measures in stages, and promote the orderly withdrawal of mining rights within protected areas in a fair and just manner. Fourth, impose strict requirements and carry out phased ecological restoration. Strictly prohibit obtaining mining rights through illegal or non-compliant means, resolutely crack down on illegal exploration and mining activities, reduce existing mining stockpiles, and achieve zero new additions. Rigorously enforce responsibility for ecological and environmental restoration and remediation, and steadily implement ecological restoration efforts.

　　Shaanxi Province focuses on from “ Which mines are exiting? “” How do I exit? “” Who will lead the exit? “” How to compensate ” Four aspects: exploring the establishment of a compensation mechanism for the withdrawal of mining rights within protected areas.

　　At “ Which mines are exiting? ” The above clearly defines mining rights that have been established in accordance with the law and overlap, in whole or in part, with the boundaries of the protected area—including mining rights established prior to the designation of the protected area, as well as those established after the designation but with all required procedures completed and having obtained approval from the competent authority of the protected area or having passed the environmental impact assessment.

　　At “ How do I exit? ” Furthermore, depending on the specific circumstances of mining rights, we will adopt categorized disposal methods such as self-termination, relocation and modification, or comprehensive cancellation. If the validity period of an exploration license or mining license has expired, or if the renewal registration procedures required before expiration have not been completed, the license shall be treated as having been self-terminated. For mining rights that partially overlap with protected areas, the overlapping portion may be relocated to avoid encroaching upon the protected area. Mining rights within protected areas that have not been disposed of through self-termination or relocation and modification shall be subject to comprehensive cancellation.

　　At “ Who will lead the exit? ” First, it is clearly stipulated that the municipal-level government is the responsible entity, while the county-level government serves as the implementing entity. The county-level government organizes and carries out the classified disposal of mining rights in accordance with the implementation plan formulated by the municipal-level government. The county-level government signs compensation agreements with the holders of mining rights, takes specific responsibility for closure and withdrawal, determines the amount of compensation, organizes and implements the restoration and remediation of mine geological environments and land reclamation, and conducts preliminary acceptance inspections. In the actual withdrawal process, it may proceed according to... “ Exit first, then compensate. ” According to the principle, first complete the withdrawal procedures and the cancellation of relevant permits and licenses. After passing the acceptance inspection, provide compensation promptly.

　　At “ How to compensate ” Second, establish a compensation mechanism for the withdrawal of mining rights. For prospecting rights, if the reserves have been confirmed through commercial exploration, compensation shall be provided according to a fixed standard based on the valid work volume as documented in the reserve evaluation and filing. For mining rights, compensation shall be provided in accordance with the national coal capacity-reduction policy, taking into account factors such as the type of mineral being mined, production capacity (scale), and the number of employees to be resettled. The payment for both prospecting and mining rights shall adhere to... “ Whoever earns it, whoever refunds it. ” on the principle that, based on the actual allocation ratios at various levels and the status of funds received, refunds shall be made separately by the provincial, municipal, and county authorities. Among these, provincial-level geological exploration costs and the geological exploration fund are excluded from the refund scope. Compensation funds shall adhere to... “ Whoever benefits, whoever compensates. ” The principle is to raise funds following a model that prioritizes city and county-level initiatives, with provincial subsidies and active efforts to secure central government support.

　　Mining rights that were illegally obtained after the establishment of protected areas and lack complete documentation, mining rights that have engaged in illegal activities during production and operation yet refuse to accept penalties, and mining rights whose exploration and mining activities have caused severe environmental damage without fulfilling their obligations to restore and rehabilitate the environment—Shaanxi Province has clearly stated that such rights will be investigated and dealt with according to law and will be phased out.