The Direction of Several Mining Policies in the Context of Ecological Civilization Construction
Release time:
2018-06-28
Source:
The policy orientation regarding mining development hinges primarily on two key aspects. On the one hand, mineral resources serve as an essential material foundation for national economic construction and social development, and they are the primary source of energy (power) and industrial raw materials for humanity. Therefore, the mining industry is an indispensable foundational sector for human society. At present, China is still in the mid-to-late stages of industrialization—a phase characterized by significantly high demand for mineral resources. On the other hand, as people’s living standards continue to rise, their aspirations for improving quality of life are becoming increasingly strong. The building of an ecological civilization is closely linked to the well-being of the people, to enhancing their quality of life, and to securing a bright future for the nation. Thus, sound mining policies must be guided by this overarching principle: on the one hand, they must provide reliable resource guarantees for economic and social development, ensuring national resource and energy security; on the other hand, they must meet people’s growing demands for quality of life—especially in terms of environmental protection—by adopting advanced concepts, pursuing appropriate policy orientations, and leveraging cutting-edge technological means to achieve green development in the mining sector, aligning with the carrying capacity of ecological and environmental systems, and ultimately realizing the goal of sustainable development. This is both the sacred mission and the fundamental basis upon which the mining industry must stand.
Judging from the development trends of recent years, China’s policy orientation regarding the mining industry is undergoing changes in the following areas: ——
(1) Policy Trends Regarding Mineral Resource Management
The revision of the “Mineral Resources Law” has been launched. More than ten administrative regulations and departmental rules on geological and mineral resource management have been revised and improved.
According to 2017 Year 9 Moon 22 The State Council issued the “Decision on Cancelling a Batch of Administrative Licensing Items.” The former Ministry of Natural Resources has intensified efforts to streamline administration and delegate power, combine deregulation with regulation, and optimize services in the geology and mining sector, comprehensively abolishing non-administrative licensing items. The number of government administrative approval items that have been canceled or delegated reaches— 56%。
The primary mineral management functions of the natural resources department will in the future shift their focus to: “ Establish industry standards and regulations, strengthen supervision during and after the event, punish illegal and non-compliant activities, and safeguard market order. ”。
Implement a reform of the mineral resource rights and fees system. A new mineral resource rights and fees system has been established, comprising revenues from the transfer of mining rights, fees for the occupation of mining rights, and a fund for the restoration and management of mine geological environments.
At 6 Provinces (and autonomous regions) are deploying pilot programs to reform the system for granting mining rights and exploring the implementation of competitive bidding for mining rights.
5 Moon 5 On [date], the Ministry of Natural Resources issued a notice stating that, in order to further advance the supply-side structural reform of the coal industry, eliminate outdated production capacity, release high-quality capacity, improve the structure of coal supply, and maintain a dynamic balance between market supply and demand, the "Opinions of the Ministry of Land and Resources on Supporting the Steel and Coal Industries in Resolving Overcapacity and Achieving Recovery and Development" ... “ From 2016 Starting from the year, 3 Cease approving the delineation of coal mining area boundaries within the year. ” The provision is no longer in effect.
(2) Policy Changes Regarding Geological Exploration
2013 Before the year, the state encouraged geological exploration units through risk exploration subsidies. “ Go out. ” , but 2013 The year has already announced the cessation of applications for overseas projects.
Clearly delineate the boundaries between the market and the government, and have the government withdraw from the commercial geological sector. Geological exploration efforts funded by central government finances will further focus on public-interest, basic geological surveys and strategic mineral exploration. Local governments will also prioritize investment in basic, public-interest geological surveys, while investment in mineral exploration is likely to decline further. Following the classification reform of public institutions, public-interest geological work will primarily be undertaken by first-category public-interest institutions; most second-category public-interest institutions and geological exploration units that have been transformed into enterprises will be restricted to conducting commercial geological activities. In a certain sense, this fundamentally upends the previous survival and development model of geological exploration units.
The geological exploration qualification has been officially revoked. In accordance with the arrangements outlined in the State Council’s “Negative List for Market Access” and the “Reform Plan for the Transfer of Mining Rights,” starting from... 2018 Starting from this year, with the exception of shale gas, oil and gas, rare earths, and tungsten mines, no qualification requirements will apply to exploration activities for other mineral types. The land and resources authorities at all levels will no longer accept applications for the establishment, renewal, modification, or re-issuance of geological exploration qualifications, nor will they carry out approval procedures. Furthermore, they are prohibited from engaging in disguised approval practices by transferring these tasks to subordinate institutions or associations for continued review. This means that as long as your company possesses the necessary documentation and technical expertise, it can obtain a prospecting right for Category I—high-risk exploration—simply by filing an application first.
(3) Environmental protection requirements for mineral exploration and mining are becoming increasingly stringent.
The Ministry of Ecology and Environment has newly issued the "Administrative Measures for Soil Environmental Management of Industrial and Mining Land." ( Pilot program ) 》, 8 Moon 1 Effective from the date of issuance.
The Measures stipulate that industrial and mining enterprises are the primary entities responsible for the protection of soil and groundwater on industrial and mining land. Enterprises that have caused soil and groundwater contamination on such land shall bear the principal responsibility for remediation and restoration. Regarding pollution prevention and control, for new, modified, or expanded projects of key units, an environmental baseline survey of soil and groundwater on industrial and mining land must be conducted during the preparation of the environmental impact assessment, in accordance with relevant national technical specifications. A survey report must be prepared and submitted to the environmental impact assessment database as required. In addition, similar to key units involved in wastewater and pollutant gas emissions, the status of soil contamination will also be regularly monitored and publicly disclosed in the future. The Measures further specify that key units shall, in accordance with relevant technical specifications, either conduct soil and groundwater monitoring themselves or entrust third parties to do so on a regular basis. Particular attention should be paid to monitoring soil and groundwater around areas and facilities with potential contamination risks, and relevant information shall be made public as required.
Since the 18th National Congress, the country has stepped up efforts to shift its development model and strengthen the construction of nature reserves and the establishment of a national park system. This has set clear requirements for the transformation and upgrading of geological exploration work, and mineral resource exploration and mining in these areas have been curbed.
2016 Year, the State Council added 240 One county has been included in the National Key Ecological Function Zone, bringing the total number of National Key Ecological Function Zones to... 676 a county-level administrative division. 2013 ~ 2017 Year, the State Council added 100 One national nature reserve, bringing the total number to... 463 One.
The Supreme People's Court has issued a judicial interpretation to strengthen the legal constraints on mineral resource exploration and mining activities within areas such as nature reserves, scenic spots, key ecological function zones, ecologically sensitive areas, and fragile ecological zones.
2017 In recent years, an increasing number of provinces—including Inner Mongolia, Qinghai, and Hunan—have issued documents to steadily advance the withdrawal of mining rights within nature reserves. The former Ministry of Natural Resources has also issued a document launching efforts to clear out mining rights in various protected areas.
The spatial scope for mineral exploration and mining is steadily shrinking, the environmental costs of mineral exploration and mining are continuously rising, and the environmental constraints on mineral exploration and mining are becoming increasingly stringent.
( Four ) Take measures for green mine construction. “ Real money and silver ” Incentive policies
2017 Year 3 Month, formerly the Ministry of Land and Resources, the Ministry of Finance, the Ministry of Environmental Protection, and others 6 The “Implementation Opinions on Accelerating the Construction of Green Mines,” jointly issued by various departments, covers aspects such as land use, mineral resource utilization, fiscal policy, and financial support. 4 In this aspect, we have come up with “ Real money and silver ” Incentive and policy measures.
These include: prioritizing the selection of mineral extraction indicators for green mines; for mining land, after legally completing the procedures for construction land use, it can be transferred or leased via agreement, or leased first and then granted through a subsequent transfer; mines meeting the relevant conditions may, in accordance with the law, enjoy reduced tax rates. 15% The tax rate is used to levy corporate income tax, among other things. For enterprises that meet green mine standards, a system will be established. “ Red List ” be incorporated into the enterprise credit system and enjoy corresponding incentive policies. The former Ministry of Natural Resources will, together with relevant departments, conduct assessments across all provinces. ( District, city ) Evaluate the progress and effectiveness of annual green mine construction, and link the progress of green mine construction to the annual land-use planning targets.
( Five ) Adopt differentiated mining land-use policies.
2005 In that year, the former Ministry of Natural Resources approved a pilot program to reform the land-use approach for mining bauxite in Pingguo, Guangxi. 2009 In [year], the former Ministry of Land and Resources conducted a phased acceptance inspection of the pilot program for reforming land-use practices in mining operations at the Pingguo bauxite mine in Guangxi. 2011 In that year, the former Ministry of Natural Resources expanded the pilot program for mining land use and approved additional projects in Yunnan Phosphate, Shanxi Pingshuo Coal Industry, Inner Mongolia Ordos, Liaoning, and other regions. 4 Pilot program in a specific region.
At 2016 Year 7 The “Guiding Opinions on Strengthening the Restoration and Comprehensive Management of Geological Environments in Mining Areas,” jointly issued by the former Ministry of Land and Resources together with four other ministries, already reflects content related to reforms in the management of mining land. The “Opinions” explicitly state that it is necessary to refine land-use policies and establish differentiated, targeted land-use policies tailored to different types of minerals and development approaches.
Through a series of explorations and practical efforts, the issues existing in China’s mining-related land have been gradually clarified, and relevant policies have been adjusted and improved.
Regarding the pilot policy on the economical and intensive use of temporary land for mining, the relevant departments of the former Ministry of Natural Resources stated that shallow open-pit mines... 5 For projects completed within the year, follow the pilot program procedures; for those not completed by year-end, proceed with the standard approval process. During the pilot period, if the nature and intended use of the land remain unchanged, such land will not be considered illegally used. At the same time, the policy of tripartite consent must be followed—meaning that the local county government, residents, and mining enterprises must all agree.
Regarding the characteristics and trends of land policies for mining operations, a relevant division within the former Ministry of Natural Resources once stated in an interview with reporters that mining enterprises need to clearly understand the core objectives of these policies, fully grasp and make effective use of the existing policy framework. In recent years, the characteristics and trends of land policies for mining operations have included: 6 This aspect:
One is Land supply policies are closely linked to the nation’s industrial policies and national development plans, and in recent years have been aligned with the nation’s supply-side reform. “ Three reductions, one supplementation, and one lowering. ” That is, the overarching direction of the five major tasks—reducing overcapacity, destocking, deleveraging, lowering costs, and addressing weak links—remains consistent. Consequently, for industries that the state encourages, land supply will naturally be relatively more flexible.
Second is Land supply indicators and supply standards vary across different industries—for example, approval processes for land use for clean energy have been streamlined.
Third, the rights associated with land supply methods—namely allocation, transfer, and lease—are held by the local government where the enterprise is located. Different land supply methods confer different levels of authority and capabilities (for example, leasing does not allow for financing).
Fourth is Regarding the term of land use rights, it is stipulated that the transfer shall not exceed. 50 Each year, enterprises need to conduct detailed calculations based on their own development plans and cost-bearing capacity to determine a reasonable amount of land acquisition.
Five is Land prices have a minimum standard; for example, in the western region, land prices are set at the minimum standard. 70%。
Six is When seeking temporary land use, don't take unconventional approaches (such as leveraging personal connections); instead, make good use of and fully leverage the existing policies.
For some time now, there have been numerous regulations governing mine land reclamation and the restoration and management of mine geological environments, involving multiple departments such as land resources, environmental protection, forestry, and water conservancy. These regulations often overlap, and in some cases, identical provisions even contradict or conflict with each other across different rules. Following the reorganization of the Ministry of Natural Resources, it is expected that the “Land Reclamation Plan” and the “Mine Geological Environment Restoration and Management Plan” will be merged into a single document. The new regulations will adhere to the principle of streamlining administration and delegating power, without compromising the original guiding principles. As a result, the land remediation fees paid by enterprises will be eligible for withdrawal and used specifically for the corresponding restoration and management efforts.
(6) Improve the mechanism for allocating revenues from resource development.
Pursuing the core values of inclusive, shared, and harmonious mining development. Relevant authorities are implementing resource-for-the-people initiatives, improving and refining mechanisms for the distribution of resource-development benefits, further tilting these benefits toward the places of origin, and exploring reforms in resource-revenue distribution in impoverished regions to provide compensation to indigenous residents.
At the same time, we advocate that enterprises fulfill their social responsibilities, foster harmonious mining areas, establish mechanisms for sharing benefits between mines and local communities, and encourage mining companies to invest in local public welfare initiatives, thereby enhancing the sense of gain among local residents.
(7) Accelerate the institutional development of international cooperation in the mining sector.
To further promote cooperation and exchanges and deepen international collaboration in mineral exploration and development, we need transparent and stable mining policies. Relevant authorities are currently formulating or refining policies and regulations aimed at encouraging foreign investment in China’s mining sector. They are actively implementing the free trade pilot zones as well as related bilateral and multilateral free trade arrangements, exploring the establishment of a pre-entry national treatment plus negative list management system, relaxing restrictions on investment sectors, streamlining investment procedures, and creating a favorable environment for foreign investment in the mining industry.
Meanwhile, relevant authorities are strengthening exchanges and coordination with various countries on aspects such as mining management policies, technical standards, and industry norms, in order to address the varying degrees of challenges existing in areas including mining rights markets, mining investment and financing, trade in mining products, environmental准入, and labor employment. “ Glass door ” Phenomenon: Oppose trade protectionism, reduce institutional costs, promote the liberalization and facilitation of mining investment, and provide institutional safeguards for international cooperation in the mining sector.
It is worth noting that, at present, China’s mining industry as a whole is large in scale but lacks strength. Meanwhile, longstanding issues such as rigid mining systems and mechanisms, tightening resource constraints, prominent ecological problems, and growing public demands are becoming increasingly apparent. As a result, the traditional development model has become unsustainable.
As the economy enters a new normal, the central government has incorporated ecological civilization development into its agenda. “ Five-in-one ” Overall layout and proposal for construction “ Beautiful China ” and “ Innovation, Coordination, Green Development, Openness, and Shared Benefits ” Against the backdrop of the development philosophy, we should seize the favorable opportunity presented by advancing supply-side structural reform, stay abreast of changes in our mining policies, promote industrial transformation and upgrading, advance the construction of green mines, and achieve a fundamental shift in the mode of mining development. At the same time, we must closely monitor new developments and emerging trends in the mining sector, driving China’s mining industry from medium-to-high-speed growth toward a mid-to-high-end level, fostering new competitive advantages, and transforming China from a large mining country into a powerful mining nation.
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