Recently, the cleanup efforts targeting industrial and mining enterprises, geological exploration fund projects, and mining rights within protected areas have become a hot topic of intense public attention. Sandstone菌 has compiled a batch of news for you—let’s take a look together!

Sichuan

Recently, the Sichuan Provincial Department of Natural Resources and国土资源 issued an urgent notice requiring the natural resources departments of all cities and prefectures to strengthen their awareness of environmental protection as a top priority from a political perspective and to take vigorous measures to ensure that the rectification of mining rights in nature reserves and national parks is effectively implemented.

The Sichuan Provincial Department requires that, based on the difficulty level and prioritizing according to urgency, mining rights involving nature reserves and national parks be effectively strengthened through three categories of rectification measures: immediate rectification, short-term rectification, and rectification with a specified deadline.

For those whose permits have expired and for which no renewal application has been filed, or those included by the local government on a closure list, or those found to have engaged in illegal or non-compliant activities and thus ordered to close by the local government, as well as those mining right holders who have voluntarily committed to relinquishing their mining rights and whose withdrawal has been decided by the local government, the department of natural resources and land shall promptly report upward through the appropriate levels to the registration authority to apply for cancellation (revocation) of the mineral resource exploration licenses and mining licenses.

If the mining rights holder has already signed an exit agreement, the exit procedure shall be initiated immediately. The department of natural resources and land should actively cooperate with relevant departments, urging the mining rights holder to carry out tasks such as dismantling surface facilities, sealing mine shafts, and restoring ecological vegetation on the ground. The mining rights holder shall promptly apply for cancellation of the mineral resource exploration license and mining license, and complete the rectification work by the end of the year.

For issues that cannot be rectified promptly, a timetable, roadmap, implementation plan, and phased objectives must be formulated. All levels—from top to bottom—should work in concert and pool their efforts to ensure that the rectification tasks are completed within the specified deadlines.

The Sichuan Provincial Department emphasized:

Local authorities should carefully organize inspections and spot checks of mineral exploration, mining activities, and various construction projects within their jurisdictions. If any illegal activities are discovered, they must immediately order a halt to such activities and initiate formal investigations and prosecutions.

? Thoroughly review the basic information on mining rights related to nature reserves and national parks;

In accordance with the relevant provisions regarding the phased withdrawal of mining rights already granted in nature reserves and national parks, the processing of applications for the extension or modification of mining rights shall be suspended.

Shandong

On August 9, the Department of Land and Resources of Shandong Province, together with the Provincial Forestry Department, jointly issued the “Notice on Further Strengthening the Withdrawal of Mining Rights within Nature Reserves at All Levels Across the Province,” requiring all cities to verify the exploration and mining rights established within nature reserves by the end of 2017, develop corresponding plans, and complete the withdrawal within a specified timeframe.

The Notice requires:

Mining right holders who have already obtained prospecting rights and mining rights within the nature reserve must immediately cease all exploration and mining activities and withdraw in an orderly manner within a specified time limit.

For prospecting rights and mining rights that existed prior to the establishment of the nature reserve, as well as for those prospecting and mining rights established after the reserve was set up, provided that all relevant procedures have been completed and the consent of the competent authority of the reserve has been obtained, differentiated compensation and exit plans shall be proposed accordingly, and these rights shall be legally withdrawn from the nature reserve.

The resource reserves identified and maintained under existing prospecting and mining rights within nature reserves can be designated as national mineral resource reserves.

The establishment of new prospecting rights and mining rights within nature reserves is strictly prohibited. Any activities such as mining, sand excavation, and quarrying within these protected areas are also strictly forbidden. Illegal exploration and mining activities will be severely cracked down upon to effectively safeguard ecological civilization development.

Regarding the withdrawal of exploration rights, the Notice clearly states:

If exploration rights and commercial exploration rights established with funding from the national treasury are entirely located within nature reserves, the exploration activities shall be terminated, the exploration licenses shall be revoked, and the entities shall withdraw from the nature reserves. The identified resource reserves may be designated as part of the national mineral reserve and shall be compensated reasonably based on the exploration costs incurred.

If the exploration rights partially overlap with a nature reserve, the exploration block can be adjusted, the exploration license can be amended, and the scope of exploration restricted by the nature reserve can be withdrawn.

For commercial exploration rights, the identified resource reserves can be designated as national mineral reserve areas and appropriately compensated based on the exploration costs incurred.

Regarding the methods for withdrawing mining rights, the Notice clearly states:

All open-pit and underground mining areas already established within the nature reserve must immediately cease all mining activities, complete the legal procedures for canceling their mining permits, and withdraw from the nature reserve.

For underground mining areas whose boundaries partially overlap with nature reserves, adjust the mine area boundaries, amend the mining permit, and withdraw from the areas within the nature reserve that are subject to restrictions on mining activities.

Actively carry out the use of the deposit for geological environment remediation and restoration of mines that have exited nature reserves, as well as the geological environment remediation work for these mines.

For projects that have already begun remediation efforts, you may apply for acceptance and withdraw the security deposit. For projects that have not yet started remediation, the security deposit can be transferred to cover remediation costs, with the local government taking charge of carrying out the remediation work.

Regarding the handling of legacy issues—such as mine geological environments—arising from the cleanup of mining rights, targeted recommendations can be put forward during the investigation and baseline assessment as well as the classification and sorting process, laying the foundation for future funding arrangements for remediation and restoration.

The Notice emphasizes that the governments of cities and counties (city districts) should actively explore models such as off-site exchange of resource reserves and encourage enterprises to shift to new industries and undergo transformative development. They should guide mining right holders within nature reserves to withdraw from mining activities and transition to other green industries. In accordance with the principle of jurisdictional management, the people's governments of all relevant cities and counties (city districts) are responsible for supervising mining right holders within the boundaries of their respective nature reserves to cease exploration and mining operations, and for ensuring that geological environmental protection and restoration efforts are properly carried out.

Anhui

On August 11, the Department of Natural Resources and Land of Anhui Province issued the “Inspection Plan for Implementing Rectification Measures in Response to Feedback from the Central Environmental Inspection.” The plan requires that from August 16 to 31, three inspection teams—each led by a department official—be dispatched to the province’s 16 cities and two county-level areas under provincial administration. Guided by a problem-oriented approach, these teams will conduct in-depth on-site inspections and checks, employing methods such as on-site inquiries, document reviews, and symposium discussions to urge all localities to fully accelerate the implementation of rectification measures in response to feedback from the central environmental inspection.

The “Plan” is divided into two aspects: focused inspection and extended inspection, clearly defining the primary tasks and key areas of this inspection.

Key inspection items include:

? The status of mining rights clearance issued at all levels across the province, as well as the status of mining rights established within various protected areas, including a thorough review of mining rights issued at all levels throughout the province to determine whether any mining rights overlap with designated nature reserves, and whether environmental impact assessment plans for mines and mine geological environmental protection and comprehensive management plans are complete.

The implementation status of the mine geological environment remediation projects arranged in the “Implementation Plan for Ecological and Environmental Governance of Mines along the ‘Three Lines and Three Sides’ in Anhui Province.”

Extended inspections include:

? Progress of the national-level mine geological environment remediation project;

? Progress on the supplementary investigation of mine geological environments and the preparation of plans for mine geological environment restoration and comprehensive management, including the progress of supplementary investigations of mine geological environments in various regions and the progress of preparing plans for mine geological environment restoration and comprehensive management in those regions.

Since 2009, the six cities in northern Anhui Province have applied for funds related to the “two rights” to implement village relocation and comprehensive remediation projects in coal-mining subsidence areas. This includes the implementation status of village relocation and comprehensive remediation projects in coal-mining subsidence areas, the management practices of these projects by implementing agencies, the allocation and use of special funds and matching funds, and the management of project documentation and archives.

The “Plan” requires that all localities treat the implementation of corrective measures in response to feedback from the central environmental inspection as a crucial political task. They must comprehensively review and accurately report on the progress of all relevant tasks, and provide clear recommendations for handling any unfinished tasks, along with committed deadlines for completion. Following the conclusion of the inspection, all localities will fully implement the corrective measures from November 9 to December. The Anhui Provincial Department will conduct a comprehensive verification of the implementation status in each locality in January 2018.

Gansu

Recently, the General Office of the Gansu Provincial Government issued and implemented the "Implementation Opinions of Gansu Province on Carrying Out the 'Opinions of the General Office of the State Council on Improving the Ecological Protection Compensation Mechanism'," which proposes accelerating the establishment of a withdrawal mechanism for existing mining rights in the core zones, buffer zones, and experimental zones of nature reserves.

Gansu Province has proposed studying and developing a system of ecological compensation standards for mineral resource development, scientifically assessing the environmental pollution and ecological damage caused by mineral resource exploitation, formulating plans for mine environmental protection and remediation, and implementing comprehensive environmental improvement and ecological restoration projects.

Gansu Province requires:

Improve the accountability mechanism for mine environmental restoration, establish a provincial-level fund for the restoration and management of geological environments in mines, and accelerate efforts to address geological environmental issues left over from past mining activities. Conduct research and develop standards and procedures for compensation related to subsidence in coal-mining void areas.

Gansu Province emphasizes:

Reform the cost accounting system currently used by mining enterprises, incorporating environmental remediation and ecological restoration costs into their production costs. Continuously enhance the influence of ecological compensation costs on the mechanism for determining mineral resource prices, and establish a sustainable mineral resource pricing system.

Accelerate the establishment of an exit mechanism for existing mining rights in the core zones, buffer zones, and experimental zones of nature reserves.

Gansu Province has also proposed improving the compensation mechanism for key ecological areas and formulating and implementing differentiated measures for phasing out mining and other resource development projects.

Yunnan

Recently, the Department of Natural Resources and Land of Yunnan Province reviewed and approved the “Work Plan for Clearing Mining Rights within Various Protected Areas,” emphasizing the establishment of a coordinated mechanism, a ledger of mining rights, and a system of liaison officers. The department stressed that immediate action must be taken and a comprehensive investigation conducted, with the work of clearing mining rights within protected areas to be completed by the end of November.

The Yunnan Provincial Department clarified that the primary tasks of this mineral rights cleanup are:

Based on the base map delineating the prohibited and restricted areas for mineral resource exploration and mining, conduct a comprehensive survey and verification of mining rights within the mining rights approval system, and compile a detailed list of mining rights—including underlying data—covering all types of protected areas.

? Conduct a verification of mining rights within national-level nature reserves, and compile a list of mining rights along with categorized and organized data.

On the basis of a comprehensive review and cleanup, the land and resources bureaus of each province (or city) shall prepare a summary and analytical report that provides detailed information on the basic situation of the review and cleanup efforts, the approaches and measures adopted, the existing problems and challenges, and puts forward recommendations for the categorized management and disposition of mining rights within protected areas.

In addition, the land and resources authorities at all levels should conscientiously carry out the revision and adjustment of the third-round mineral resource plans at the provincial, prefectural (city), and county (city, district) levels. They should maintain close communication and coordination with the competent authorities responsible for environmental protection, forestry, water resources, and other protected areas, promptly collecting, organizing, and dynamically updating and maintaining information and data on various protected areas. They should continuously refine the base maps delineating prohibited and restricted areas for mineral exploration and mining. Furthermore, they should strengthen communication with legal affairs departments, review and standardize locally formulated regulatory documents related to protected areas and mineral resource management, and further revise and improve relevant management systems and local government regulations.

The Yunnan Provincial Department pointed out that, given the large number and complex nature of mining rights and protected areas within the reserves—along with the wide scope, systemic nature, and significant challenges involved in the cleanup efforts—land and resources authorities at all levels should proactively strengthen communication and coordination with departments such as environmental protection, forestry, and water resources. On the basis of meticulous investigation and statistical analysis of changes in the establishment dates, boundaries, and legal bases of protected areas, as well as changes in the establishment dates, boundaries, legal bases, reserves, and production volumes of mining rights, they should carry out rational classification, organization, and statistical analysis to establish a robust data foundation, thereby laying the groundwork for the classified management and disposition of mining rights.

The Yunnan Provincial Department emphasized that the principal leaders of land and resources authorities at all levels must personally make arrangements and proactively seek instructions and report to their respective people's governments. They should strengthen communication and coordination according to the division of tasks, actively consult with relevant departments such as environmental protection, forestry, water resources, and finance to leverage their respective functions, establish a collaborative working mechanism, and, based on actual conditions, formulate and refine supporting measures to ensure that the cleanup and disposal work is carried out in a lawful, orderly, proactive, and pragmatic manner. It is also necessary to establish a registry and database of mining rights within various protected areas under the jurisdiction of the administrative region, clearly documenting the basic information on mining rights in these protected areas. Meanwhile, the land and resources authorities of each prefecture (city) shall designate a liaison officer to facilitate timely communication and coordination of all related tasks.

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.

The Fujian Provincial Department emphasized that land and resources authorities at all levels must firmly uphold the principle of prioritizing ecological protection, coordinate the relationship between the development and utilization of mineral resources and ecological construction and environmental protection, and attach great importance to the cleanup of mining rights within various protected areas. They should immediately launch a comprehensive survey and inventory of mining rights within national parks, nature reserves, forest parks, scenic spots, geological parks, World Natural Heritage sites, wetland parks, drinking water source areas, and aquatic germplasm resource conservation areas under their administrative jurisdiction. They should also formulate work plans and actively, steadily, thoroughly, and effectively carry out all tasks related to the cleanup of mining rights in these protected areas.

The Fujian Provincial Department requires that land and resources authorities at all levels proactively strengthen communication and close cooperation with departments such as environmental protection, forestry, water resources, and housing and urban-rural development, establish a coordinated mechanism, and pool their efforts to achieve synergy. For significant issues encountered during the cleanup work, authorities should proactively report and communicate with the Party committees and governments at the same level. Regarding matters such as the formulation of plans for phasing out mining rights, they should submit proposals to the governments at the same level for decision-making. At the same time, it is essential to intensify public awareness campaigns on the cleanup of mining rights within various protected areas, enhance policy interpretation, summarize best practices and valuable experiences gained during the cleanup process, promptly address public concerns and hot topics, and create a favorable public opinion atmosphere and social environment for the cleanup of mining rights in all types of protected areas.

Ningxia

On August 21, at the briefing on the comprehensive ecological and environmental remediation as well as the cleanup and categorized disposal of mining rights in the Helan Mountain National Nature Reserve in the Ningxia Hui Autonomous Region, it was reported that, as of now, all 53 mining rights within the Helan Mountain National Nature Reserve have been fully withdrawn. Among these, 45 mining enterprises have been shut down, and 8 exploration rights have been relinquished. Most of the non-coal mines within the reserve have completed ecological restoration and remediation work and are currently undergoing autonomous-region-level acceptance inspections. Of the 17 coal mining enterprises, 15 have already signed agreements for closure, withdrawal, and ecological restoration; among these, 10 have already begun carrying out ecological restoration and remediation efforts.

In Ningxia, efforts to comprehensively improve the ecological environment and to clean up and categorize mining rights have been strengthened through enhanced planning and source control. When drafting the regional mineral resource plan for 2016–2020, all 14 nature reserves in the region were designated as areas where exploration and mining are strictly prohibited.

Meanwhile, Ningxia is strengthening policy formulation to ensure that the cleanup of mining rights is carried out in a systematic and orderly manner.

A policy for the refund of mining rights fees has been formulated. A comprehensive survey and verification have been conducted on the remaining resource reserves of all mines licensed at both the provincial and ministerial levels within nature reserves. The amount of minerals extracted and the remaining reserves of closed and decommissioned mines have been clearly identified, and the amount of fees that mining enterprises should refund has been accurately calculated and determined. In accordance with the principles of “acting in strict compliance with laws and regulations, refunding all due amounts, and expediting the process,” refund procedures are currently being processed for five enterprises, including Touxin Coal Mine.

The “Opinions on the Withdrawal and Use of Security Deposits for Environmental Remediation and Ecological Restoration of Mining Enterprises in the Helan Mountain National Nature Reserve” have been issued. Currently, procedures for withdrawing security deposits have been completed for five mining enterprises.

A compensation policy has been formulated for enterprises that are closing and exiting the market. Currently, the compensation process has been initiated, and the 15 coal mining enterprises that have signed agreements have already received partial compensation.

Henan

Recently, with the approval of the Henan Provincial Government, the Department of Natural 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” clearly states:

? The establishment of new mining rights within nature reserves is strictly prohibited, and all existing mining rights within nature reserves will be included in the scope of disposal.

? Adhere to the principles of legality and orderliness. Based on a clear understanding of the current situation, systematically address the mining rights already established within nature reserves—mature a batch, dispose of a batch—ensuring timely rectification.

Adhere to the principle of compensation in accordance with the law and effectively safeguard the legitimate rights and interests of mining right holders.

The “Plan” emphasizes that the disposal of mining rights in nature reserves shall proceed in an orderly manner according to the following procedures: defining the scope of the nature reserve, clearing and verifying the status of mining rights, implementing the disposal of mining rights, organizing inspections and acceptance checks, handling relevant permits and licenses, and refunding the fees paid for mining rights. It is essential to adhere to a pragmatic approach and classify disposal measures based on factual circumstances.

Mines whose environmental impact assessment reports have not been approved by the competent authorities shall be shut down.

Mining rights that have expired shall, in accordance with the law, be publicly announced and revoked by the registration authority.

If the exploration and mining area partially overlaps with a nature reserve, the overlapping portion shall be deducted, and an appropriate buffer zone shall be maintained between the exploration and mining area and the nature reserve. If most or all of the exploration and mining area overlaps with the boundaries of a nature reserve, it shall be phased out in an orderly manner in accordance with the law.

The “Plan” stipulates that the disposal of mining rights in nature reserves shall be organized and implemented by the governments of cities under provincial jurisdiction and counties (cities) directly administered by the province. The departments and units responsible—namely, land resources, public security, finance, human resources and social security, environmental protection, water resources, agriculture, forestry, industry and commerce, work safety supervision, and electricity—shall each carry out their respective tasks according to their assigned responsibilities.

The ongoing efforts to centrally clean up and protect mining rights within protected areas across various regions underscore the urgent need for ecological and environmental protection today. In Qinghai, due to inadequate efforts in protecting the ecological environment, two units within the land and resources system were publicly criticized, and six officials were held accountable. Details are as follows:

Qinghai

On August 21, Qinghai Province reported six typical cases involving individual units and leading cadres in the field of ecological and environmental protection who failed to take responsibility, remained inactive, acted slowly, or acted improperly. Among these cases, two units from the land and resources system and six officials were held accountable.

The Land and Resources Bureau of Datong County, Xining City, and the Dongxia Town Government failed to perform their duties effectively in shutting down the illegal sand and soil quarry in Tianjiagou Village, Dongxia Town. Regarding the issue of indiscriminate and excessive sand and soil mining in Tianjiagou Village, which has led to damage to parts of the mountain slopes and destruction of farmland, the County Land and Resources Bureau and Dongxia Town experienced poor coordination in their remediation efforts and lagged behind in law enforcement, resulting in delays in the work. After careful deliberation, the Datong County Government decided to publicly criticize the County Land and Resources Bureau and the Dongxia Town Government, and to hold admonitory talks with Wang Shengbiao, Deputy Director of the County Land and Resources Bureau, and other relevant officials.

The Civil Affairs and Land & Resources Bureau, Environmental Protection Bureau, Water Resources Bureau, Former Safety Production Supervision Bureau, Agriculture and Pastoral Affairs Bureau, and Forestry Bureau of Minhe County, Haidong City, have been found to have inadequately performed their duties and lacked strict supervision in the fields of ecological and environmental protection. During a special inspection and supervision campaign targeting the orderly development of non-coal mines in Minhe County, it was discovered that 17 non-coal mines and 55 sand-and-gravel yards had, to varying degrees, issues such as operating without proper licenses or with incomplete documentation, illegal mining activities, indiscriminate and excessive excavation, and damage to the ecological environment. Upon investigation, it was determined that the Minhe County Civil Affairs and Land & Resources Bureau had failed to adequately supervise and regulate the protection and development of mineral resources, resulting in the long-term persistence of illegal mining and indiscriminate extraction practices. Following deliberation and decision by the Minhe County Commission for Discipline Inspection and Supervision, Bai Xiangyun, the former director of the County Civil Affairs and Land & Resources Bureau, received a cautionary talk; Han Xiangdong, the deputy director, was given a Party warning and subjected to organizational disciplinary action; and Yan Yongjie, the director of the County Civil Affairs and Land & Resources Bureau’s survey and mapping center, was given a serious Party warning and an administrative record of demerit.

The issue of inadequate performance by Hai Yansheng, Deputy Director of the Geomapping and Geographic Information Bureau of Golmud City, Haixi Prefecture. Qinghai Haolong Company engaged in mining activities under the guise of exploration at Xiaogangou, illegally using hazardous chemicals to extract and process rock gold ore, thereby damaging mineral resources and the surrounding environment and causing economic losses amounting to 368,100 yuan. During his tenure responsible for this work, Hai Yansheng failed to carry out adequate daily inspections and supervision of Haolong Company, resulting in a failure to detect and address problems at an early stage. Following a review and decision by the Golmud City Bureau of Land and Resources, Hai Yansheng has been given an administrative demerit.

Relevant departments in Chido County, Yushu Prefecture, failed to fulfill their responsibilities in addressing the issues identified by the provincial environmental protection inspection team, allowing the previously closed Jiaji Mining Company to resume illegal mining activities once again, thereby causing serious negative impacts. After careful deliberation, the Chido County Party Committee and County Government decided to publicly criticize the County Bureau of Land and Resources and other relevant units throughout the county. Additionally, Ni Ma Zaxi, Director of the County Bureau of Land and Resources, and other individuals involved were publicly criticized and subjected to cautionary talks, and they were required to submit a detailed written self-criticism to both the County Party Committee and the County Government.

The other two typical cases are as follows: In Gonghe County, Hainan Prefecture, the Party committees and governments of certain townships failed to adequately fulfill their duties in addressing issues such as unauthorized construction and illegal access routes along the southern shore of Qinghai Lake; in Waliyi Township, Jiuzhi County, Golog Prefecture, the county agricultural and pastoral bureau and the county development and reform bureau performed their duties inadequately in environmental improvement efforts.