China Bans Transfer of Mining Rights Obtained Through Agreement Within Five Years
2026-06-15 18:16
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en.Wedoany.com Reported - On June 15, 2026, China's Ministry of Natural Resources held a regular press conference in Beijing to introduce the background, main content, and implementation arrangements of the "Regulations on the Implementation of the Mineral Resources Law of the People's Republic of China" (hereinafter referred to as the "Regulations"). The Regulations, together with the newly revised Mineral Resources Law, form the core of the legal system for mineral resource management. The Regulations explicitly stipulate that mining rights obtained through agreement transfer are prohibited from being transferred within five years; applications for mining rights renewal must be submitted between six months and three months before expiration, and a system for reducing the area of exploration rights upon renewal is implemented to curb the practice of "staking claims without exploration."

An official from the Department of Legal Affairs of the Ministry of Natural Resources stated at the press conference that the Regulations feature four characteristics: comprehensively detailing and implementing the authorization provisions of the new Mineral Resources Law; fully integrating existing administrative regulations on mineral resources; strengthening mineral resource management across the entire chain; and optimizing the mining business environment in all aspects. The natural resources departments will prioritize the integrated implementation of the "one law and one regulation" as the primary task in current mineral resource management.

Regarding mining rights management, a relevant official from the Department of Mining Rights Management of the Ministry of Natural Resources introduced that the Regulations specify that for strategic minerals with high scarcity and medium or above resource reserve scales, or for exploration blocks with special requirements for exploration and mining technology or ecological environmental protection, the bidding method shall be prioritized for transfer to avoid the "highest bidder wins" approach. At the same time, the Regulations refine the circumstances for agreement transfers, allowing agreement transfers for scattered and dispersed resources in adjacent areas. In terms of transfer and renewal, it clarifies prohibited transfer scenarios, such as those within five years of an agreement transfer. Mining rights holders must pay mining rights transfer proceeds and occupancy fees in full and on time. The Regulations also detail circumstances for reducing transfer proceeds, encouraging the improvement of comprehensive development and utilization levels of mineral resources.

In terms of resource security, the Regulations establish a full-chain policy system, improving the comprehensive coordination and linkage system for the exploration, production, supply, storage, and sales of strategic mineral resources; establishing a catalog system for strategic mineral resources, implementing protective mining measures for specific strategic mineral resources; strengthening mineral resource planning and control; coordinating resource security with ecological security, clarifying that relevant activities can be legally carried out within nature reserves; establishing and improving a supply security early warning and monitoring work system; and promoting the upgrade of industry standards for the "three rates" indicators of 125 mineral types to national standards.

Regarding ecological restoration of mining areas, the Regulations clarify that the mining rights holder is the responsible party for restoration, and the restoration obligation is not exempted by the transfer of mining rights; implementing a system of phased and zoned restoration and "mining while restoring"; and encouraging social capital to participate in mining area restoration in accordance with the law. In terms of mining land use, the Regulations clarify the connotation of mining land, supply methods, operational rules for temporary land use, and reclamation and restoration acceptance requirements, promoting "clean mineral rights transfer" and the integration of mining and land.

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