A Comprehensive Review of Mining Rights Policies in Protected Areas in 2017: Thousands of Mining Rights in 15 Provinces and Cities Have Been Revoked!
Release time:
2018-02-03
Source:
On July 5 of this year, the Ministry of Natural Resources issued a notice titled “Work Plan for Clearing Mining Rights within Nature Reserves.” The core of the plan focuses on national-level nature reserves and requires all provinces (municipalities and autonomous regions) to conduct a comprehensive survey and inventory of mining rights within various protected areas under their administrative jurisdiction, categorize and organize these rights systematically, and perform a thorough analysis. The aim is to lay a solid foundation for the classified management and disposition of mining rights within nature reserves.
Since then, cleanup efforts have been launched across provinces and cities nationwide to address mining rights within protected areas.
1. Xinjiang
On December 5, 2017, the official website of the Autonomous Region’s Department of Land and Resources consecutively published three notices and announcements: 983 mining enterprises located within 29 nature reserves, including the Lop Nur Reserve, will cease all exploration and mining activities, withdraw from the nature reserves, and complete the required geological and environmental restoration and remediation work on schedule.
It is understood that among the 983 mining enterprises located within various nature reserves in Xinjiang, there are: 285 mining rights enterprises still valid across 29 protected areas; 372 mining rights enterprises whose renewal applications have been submitted but not approved; and 326 mining rights enterprises that have voluntarily ceased operations because they failed to apply for renewal.
2. Hunan
On December 1, 2017, the Hunan Provincial Government issued the “Implementation Plan for the Withdrawal and Disposal of Mining Rights within Nature Reserves in Hunan Province” and the “Implementation Plan for the Withdrawal and Disposal of Exploration Rights within Nature Reserves in Hunan Province” (hereinafter referred to as the “Plans”), accelerating the orderly withdrawal of mining and exploration rights from nature reserves and ensuring that the issues identified in the central environmental inspection feedback are properly addressed.
The two “Plans” also call for establishing a long-term mechanism to ensure that no new exploration or mining rights are granted within nature reserves. By the end of this year, the central environmental inspection authorities will complete the withdrawal of illegally established exploration and mining rights. For other exploration and mining rights involving nature reserves, the withdrawal process must be completed by the end of May next year.
3. Inner Mongolia
On August 3, 2017, the “Notice of the People’s Government of the Inner Mongolia Autonomous Region on Issuing the Plan for the Withdrawal of Industrial and Mining Enterprises from Nature Reserves” (Inner Mongolia Government Document No. 28 [2017]) set a goal to achieve the comprehensive and orderly withdrawal of 663 industrial and mining enterprises from nature reserves within approximately three years. By the end of July 2017, all industrial and mining enterprises located in the core and buffer zones of nature reserves were to be immediately shut down, and all enterprises in the experimental zones were to cease operations entirely. By the end of December 2018, phased achievements were to be attained. By the end of December 2020, all industrial and mining enterprises within nature reserves were to have completed their orderly withdrawal, and the ecological environment of the nature reserves was to have been effectively restored.
Mining rights that are legally held within the experimental zone must be phased out of nature reserves within a specified timeframe. For industrial enterprises with complete documentation, those failing to meet emission standards must be immediately shut down; other enterprises must complete their phase-out within a prescribed deadline. By the end of December 2018, 70% of prospecting rights must have been phased out, and 30% of mining rights and industrial enterprises must have completed their phase-out. By the end of December 2019, virtually all prospecting rights must have been phased out, and the phase-out rates for mining rights and industrial enterprises must reach approximately 70%. The remaining mining rights and industrial enterprises—those presenting greater difficulties—must essentially complete their phase-out by the end of December 2020.
4. Shandong
On August 9, the Department of Natural Resources and the Department of Forestry of Shandong Province issued the “Notice on Further Strengthening the Withdrawal of Mining Rights within Nature Reserves at All Levels Across the Province.”
By the end of 2017, all cities shall verify the prospecting rights and mining rights established within nature reserves and develop plans for their phased withdrawal within a specified timeframe.
For exploration rights located partly within nature reserves, it is permissible to adjust the exploration blocks, amend the exploration license, and withdraw from the scope of exploration restrictions imposed by the nature reserve. For commercial exploration rights, the identified resource reserves may be incorporated into the national mineral resource reserve, and reasonable compensation shall be provided based on the exploration costs incurred.
All open-pit mines already established within nature reserves and underground mines entirely located inside these reserves must immediately cease mining activities, complete the legal procedures for canceling their mining permits, and withdraw from the nature reserves.
5. Henan
On August 18, 2017, with the approval of the provincial government, the Department of Land and Resources of Henan Province and 10 other provincial departments jointly issued the “Work Plan for the Disposition of Mining Rights within Various Nature Reserves in Henan Province,” outlining the arrangements for the disposition of mining rights in 30 nature reserves across the province.
The “Plan” requires that the handling of mining rights within nature reserves be carried out in a pragmatic and categorized manner. First, mines whose environmental impact assessment reports have not been approved by the competent authorities shall be shut down. Second, mining rights that have expired shall be officially announced as null and void by the registration authority in accordance with the law. Third, for exploration and mining areas that partially overlap with nature reserves, the overlapping portions shall be deducted, and an appropriate buffer zone shall be maintained between the mining areas and the nature reserves. For exploration and mining areas that largely or entirely overlap with the boundaries of nature reserves, a phased and orderly withdrawal shall be carried out in accordance with the law.
6. Sichuan
On August 8, 2017, the Sichuan Provincial Department of Land and Resources issued the “Notice on Accelerating the Rectification of Mineral Rights in Nature Reserves,” requiring all cities (prefectures) to take measures such as halting exploration and mining activities, sealing mine shafts, dismantling equipment, restoring vegetation, and canceling permits, thereby speeding up the rectification of mineral rights within nature reserves. Mineral rights located in national-level nature reserves, as well as those in the core zones and buffer zones of provincial-level nature reserves, must complete shaft sealing and equipment dismantling by August 31.
7. Gansu
On December 8, 2017, the Gansu Provincial Government issued the “Measures for the Categorized Withdrawal of Mining Rights in the Qilian Mountain National Nature Reserve in Gansu.”
The Measures clearly stipulate that mining rights within the Qilian Mountain National Nature Reserve across the province will, as of October 8, 2014—and based on the delineated boundaries of the reserve—be completely phased out. This includes all previously established legal exploration and mining rights, as well as any exploration and mining rights subsequently obtained with complete procedures and approved by the competent authority of the reserve. The phasing-out process will be carried out through three methods: cancellation, deduction, and compensation.
8. Guangdong
Notice dated August 4, 2017, from the Guangdong Provincial Department of Land and Resources on the issuance of the “Work Plan for Clearing Mineral Rights within Nature Reserves in Guangdong Province.”
The “Plan” outlines the following key steps and timelines for this cleanup effort: First, in accordance with the base map of national-level nature reserves issued by the Ministry of Natural Resources, conduct a verification of mining rights within these reserves and submit categorized disposal recommendations to the Ministry of Natural Resources by the end of August. Second, request the provincial departments of environmental protection, forestry, housing and urban-rural development, and marine fisheries to provide data on various provincially-managed protected areas, thereby creating a base map delineating the scope of provincially prohibited zones for mineral resource exploration and mining, and submit this map to the Ministry of Natural Resources by the end of August. Third, distribute the base map of provincially prohibited zones for mineral resource exploration and mining to cities at or above the prefectural level. Each locality shall conduct a comprehensive survey and categorization of mining rights within all types of protected areas under its jurisdiction, formulate categorized disposal recommendations, and submit the cleanup results by mid-September. Fourth, each locality shall carry out cleanup work on mining rights within all municipally- and county-level protected areas designated within its administrative region, develop disposal recommendations, and submit the cleanup results by the end of October.
9. Chongqing
Chongqing Municipality has clarified that subsidies and rewards for the closure and withdrawal of mining rights will be allocated as follows: 6 million yuan for coal mines, 3 million yuan for underground non-coal mines (excluding geothermal and mineral water resources), 250,000 yuan for open-pit non-coal mines operating sand quarries, 550,000 yuan for stone quarries, and 850,000 yuan for shale brick factories. Among these, the municipal-level subsidy funds will be centrally managed by the municipal finance department, while the district- and county-level subsidy policies and funding will be the responsibility of the respective district and county governments.
Taking the implementation of rectifications for issues identified in the central environmental inspection as an opportunity, the Chongqing Municipal Bureau of Land and Housing has been closely monitoring mining enterprises within nature reserves, strictly enforcing differentiated exit strategies and managing each case through a step-by-step rectification, closure, and deregistration process. Currently, the annual withdrawal rate of mining rights in nature reserves across the city has exceeded 80%. Among these, 36 mining rights have been withdrawn, achieving 87.8% of the annual withdrawal target; 15 prospecting rights have been withdrawn, fully completing the annual withdrawal task. Furthermore, all 28 mining rights within the controlled zones of Jinyun Mountain, Zhongliang Mountain, Tongluo Mountain, and Mingyue Mountain in the main urban area have now been completely phased out.
10. Ningxia
On January 18, 2017, the Ningxia Department of Land and Resources announced that, going forward, no new mining rights will be granted within the boundaries of the region's 14 nature reserves, scenic areas, or within visually visible zones surrounding highways and railways. Furthermore, any existing mining rights previously established in nature reserves will not be renewed or registered under any circumstances. All such mining operations must be shut down and phased out within the time limits stipulated by relevant national regulations.
As of now, all 53 mining rights within the Helan Mountain National Nature Reserve have been fully relinquished. Among these, 45 mining enterprises have been shut down, and 8 exploration rights have been withdrawn.
11. Yunnan
The Yunnan Provincial Department of Natural Resources and Planning has reviewed and approved the “Work Plan for Clearing Mining Rights within Various Protected Areas” and emphasized the establishment of a coordinated mechanism, a ledger of mining rights, and a system of contact persons. All relevant parties are urged to take immediate action and conduct a comprehensive investigation, with the goal of completing the clearance of mining rights within protected areas by the end of November.
The Yunnan Provincial Department clarified that the primary tasks of this mineral rights cleanup are as follows: First, based on the base map delineating prohibited and restricted areas for mineral exploration and mining, conduct a comprehensive survey and verification of all mineral rights within the mineral rights approval system, and compile a detailed list of mineral rights—including underlying data—covering various types of protected areas. Second, carry out a verification of mineral rights located within national-level nature reserves, identifying and compiling a list of such rights along with categorized and organized data. Third, each prefectural (or municipal) Bureau of Land and Resources shall, on the basis of a thorough survey and cleanup, prepare a summary and analytical report detailing the basic situation of the survey and cleanup efforts, the approaches and measures adopted, existing problems and difficulties encountered, and put forward recommendations for the classified management and disposition of mineral rights within protected areas.
12. Fujian
Recently, the Fujian Provincial Department of Natural Resources and Planning issued a notice requiring natural resource departments at all levels throughout the province to accelerate the clearance of mining rights within nature reserves. Specifically, the survey, identification, and categorization of mining rights in national-level nature reserves must be completed by August; the survey, identification, and categorization of mining rights in other types of protected areas must be completed by the end of September; and the comprehensive clearance of mining rights in all types of protected areas must be fully completed by the end of November.
13. Heilongjiang
The cleanup of mining rights within provincial nature reserves is steadily progressing. According to a verification conducted by the Provincial Department of Natural Resources and Land, a total of 182 mining rights overlap with national-level protected areas, including 55 valid mining rights and 127 expired mining rights. The identified mining rights are being reported and gradually cleared, with particular emphasis placed on the cleanup of mining rights within various provincial-level protected areas.
14. Hebei
On August 9, 2017, Hebei Province formulated the “Work Plan for Clearing Mining Rights in Nature Reserves.” Focusing on national-level nature reserves, the plan calls for a comprehensive cleanup of mining rights (excluding radioactive minerals) within protected areas—defined as zones where exploration and exploitation of mineral resources are prohibited—in all types of protected areas across the province.
The mining rights within protected areas and the types of protected areas themselves are numerous and their situations are complex. Based on a meticulous investigation and statistical analysis of factors such as the establishment dates, boundaries, and legal bases of protected areas, as well as changes in the establishment dates, legal bases, boundaries, reserves, and production levels of mining rights, we will carry out a rational classification and organization. We will then perform statistical analyses as required, laying the foundation for the next step of categorized management and disposition of mining rights.
15. Anhui
Recently, the Department of Natural Resources and Land of Anhui Province forwarded the “Work Plan for Clearing Mining Rights within Nature Reserves” issued by the Ministry of Natural Resources and Land, and also released a task division plan specific to the province. The plan requires that, by March 2018, while completing the comprehensive cleanup of mining rights within national-level nature reserves, a thorough cleanup of all mining rights within areas designated as prohibited for mineral exploration and extraction in local-level (provincial, municipal, and county) protected areas must also be carried out. This will lay the foundation for the classified management and disposition of mining rights within nature reserves and further enhance the level of mineral resource administration.