The revised draft of the Mineral Resources Law was reviewed for the first time to consolidate the foundation of the national mineral resources security system

On December 25,2023, entrusted by The State Council, Wang Guanghua, Minister of Natural Resources, made an explanation on the draft revision of the Mineral Resources Law at the seventh session of the Standing Committee of the 14th National People's Congress. On December 26, the People's Daily published an article entitled "The revised draft of the Mineral Resources Law was reviewed for the first time to comprehensively consolidate the foundation of the national mineral resources security system". The full text is as follows.

 On December 25,2023, entrusted by The State Council, Wang Guanghua, Minister of Natural Resources, made an explanation on the draft revision of the Mineral Resources Law at the seventh session of the Standing Committee of the 14th National People's Congress.

 Mineral resources are the important material basis for economic and social development. and exploration and development of mineral resources is related to the national economy, people's livelihood and national security. The Mineral Resources Law was enacted in 1986, and some provisions were amended in 1996 and 2009. Since its implementation for more than 30 years, this law has played a positive role in promoting the development of the mining industry and strengthening the exploration, exploitation, utilization and protection of mineral resources.

 The revision of the Mineral Resources Law follows the following overall thinking: Highlight the goal of ensuring national mineral resources security, To provide institutional guarantee for strengthening domestic exploration and development of mineral resources, increasing the production of production, improving the level of economical and intensive utilization, and enhancing the capacity of emergency supply, Strengthening the foundation of the national mineral resources security system; Stick to the problem orientation, Focusing on the key links and major issues such as the transfer of mining rights, the exploration and exploitation of mineral resources, the ecological restoration of mining areas, the reserve of mineral resources, and the emergency response, Enhance pertinacity and effectiveness; Follow the laws of geological work and mining development, To ensure that the system design is in line with the actual situation and characteristics of mineral resources exploration and exploitation, We will effectively play the positive role of combining legal system incentives and guidance with norms and constraints.

 The draft revision consists of eight chapters and 76 articles, making a relatively comprehensive revision to the current mineral Resources Law.

 We will strengthen domestic exploration and development of mineral resources and increase their storage and production. First, we will strengthen policy support. Regulation state perfect policies and measures to strengthen the basic geological survey work, increase support for strategic mineral resources exploration and mining, and to promote strategic mineral resources to increase reserves and increase capacity, promote strategic upgrading of mineral resources industry, enhance the level of mineral resources security, and the organization to carry out the basic geological survey and strategic mineral resources vision survey and potential evaluation made clear provisions. Second, we will improve the mining right system. Optimize the way of obtaining mining rights, Provisions stipulate that the mining rights shall be acquired through competitive transfer, At the same time, it is clear that it can be obtained by other means as stipulated by laws, administrative regulations or The State Council; Improve the starting mechanism of mining right transfer, Encourage units and individuals to provide the source of the exploration right block to the competent department of natural resources and apply for transfer; Standardize the transfer of mining rights, To ensure the transfer of mining rights and the actual needs of strengthening the exploration and exploitation of mineral resources; Strengthen the standardization and guidance of the collection of proceeds from the transfer of mining rights, It is clear that the measures for collecting the proceeds from the transfer of mining rights shall be conducive to mobilizing the enthusiasm of mineral resources exploration; We will strengthen the protection of the rights of mining rights holders. Third, to strengthen the protection of strategic mineral resources. It is clear that strategic mineral resources shall not be overlaid in principle, and those that really need to be approved by the department in charge of natural resources under the State Council or the department in charge of natural resources under the people's government of the province, autonomous region or municipality directly under the Central Government authorized by it. Fourth, improve the mining land system suitable for the exploration and exploitation of mineral resources. It makes clear that land that is really necessary for the exploitation of strategic mineral resources may be expropriated according to law, and that land occupied by open-pit mining of strategic mineral resources may be used temporarily after the approval of the department in charge of natural resources of the people's governments at or above the provincial level.

 We will strengthen the management of the exploration and exploitation of mineral resources. First, we will improve the exploration and exploitation licensing system. To meet the requirements of the reform of the mining right system, separate the acquisition of mining right from the exploration license and mining license, and stipulate that the mining right holder shall, before conducting mineral resources exploration and mining operations, work out exploration plans and mining plans respectively, and report to the original department of mining right for approval to obtain the exploration license and mining license. Second, to maintain the order of exploration and mining activities. It is stipulated that mining right holders to explore and exploit mineral resources may pass in adjacent areas and erect relevant facilities; No unit or individual may interfere with or disrupt the normal conduct of mineral resources exploration and mining activities. Third, we will promote rational development and utilization. It stipulates that the processes, equipment and technologies shall be advanced and applicable and meet the requirements of ecological environment protection and safe production; the symbiotic and associated minerals shall be comprehensively exploited and rationally utilized for exploration and exploitation; and the mining right holders shall be required to take effective measures to ensure that the recovery rate, recovery rate and comprehensive utilization rate of mineral resources meet the relevant national standards. Fourth, establish a resource reserve management system.

 We will improve the ecological restoration system in mining areas. A chapter on "Ecological Restoration in mining areas" is added to identify the subjects responsible for ecological restoration in mining areas; encourage social capital to participate in ecological restoration in mining area; require the mining right holder to prepare the ecological restoration plan and carry out ecological restoration in the mining area; specify that the ecological restoration in mining areas shall be qualified; and require the mining right owner to withdraw the ecological restoration expenses in mining areas.

In addition, the draft revision also makes provisions and adjustments to the establishment of a mineral resources reserve and emergency response system, strengthening supervision and management, improving legal responsibilities, and the implementation of equal protection of property rights and equal participation in market competition.