en.Wedoany.com Reported - The Zhejiang Provincial Department of Natural Resources recently issued the "Notice on Further Standardizing the Establishment of Open-Pit Mining Rights" (hereinafter referred to as the "Notice"), requiring further standardization of the establishment and transfer management of open-pit mining rights, strengthening project management, and promoting the rational development and utilization of mineral resources.
The "Notice" clarifies the reinforcement of rigid planning controls. The proposed mining site must comply with regulatory requirements such as the overall territorial space plan and mineral resource plan. The mining area must not overlap with prohibited mining zones, including permanent basic farmland, ecological protection red lines, nature reserves, Class I and Class II protected forests, key areas of natural forest protection, internationally important wetlands, nationally important wetlands, world natural (and mixed natural-cultural) heritage sites, and drinking water source protection areas. For major projects at or above the provincial level that require the establishment of mining rights outside planned mining blocks, after rigorous demonstration, the mineral resource plan may be adjusted in accordance with regulations, and mining rights may be established and transferred. The establishment of mining rights must strictly follow the principle of "project initiation first, ecological priority, joint site survey, demonstration and review, and clean mining rights transfer." Where overlap with restricted mining areas is involved, written consent from the relevant competent authorities must be obtained.
The "Notice" emphasizes strict safety conditions for new mines. For new open-pit mine construction projects, county-level natural resources authorities should conduct joint site surveys and reviews with emergency management, ecological environment, and other relevant departments. The distance between the proposed mining area of a new open-pit mine and other mines, as well as production and living facilities, must comply with legal regulations on protective distances for related facilities. Only when statutory conditions are met can mining rights be established and transferred. Under the coordination of the local government, county-level natural resources authorities must, in conjunction with relevant departments, conduct spatial overlay comparison and information verification for the proposed mining rights, and after thorough demonstration, reasonably delineate the mining area.
The "Notice" points out the need to strengthen control over the transfer indicators of construction stone mining rights, implementing total volume control and regionally differentiated management. For counties (cities, districts) where the remaining resources of existing mining rights can supply mining for more than 10 years, no new mining rights will generally be established. The Zhejiang Provincial Department of Natural Resources will comprehensively consider factors such as local ecological and environmental protection, resource endowment, supply-demand balance, and the utilization rate of designed production capacity of existing mining rights to determine the annual mining rights transfer indicators. Proposed mining rights included in the annual transfer indicators will be entered into the transfer project library after review by the natural resources authority of the city with districts. After completing the joint departmental site survey and demonstration for the proposed mining rights, county-level natural resources authorities must fill in relevant information and upload materials on the provincial spatial governance digital platform "Green Mine Smart Use."
The "Notice" also requires all localities to strictly implement the requirements for "clean mining rights" transfer and legally guarantee the reasonable demand for mining land and forest use. For related rights and interests within the mining area or its impact scope of the proposed mining rights to be transferred, commitments issued by local governments or functional departments cannot replace legally signed compensation agreements with relevant collective economic organizations, enterprises, or individuals. The transferring department must compile information on the proposed mining rights, guarantees for land and forest use, costs of "clean mining rights" transfer, clean transportation methods, special clauses, and contact information for supervision and reporting into the transfer announcement. Mining rights trading institutions should conduct transfer transactions in accordance with the principles of "openness, fairness, and justice." Natural resources authorities at all levels must earnestly assume their primary responsibilities, promote the establishment of a working mechanism characterized by "government leadership, departmental coordination, openness, and fairness," and strictly follow the relevant provisions of transfer contract management and the transfer announcement to formulate mining rights transfer contracts on a "one mine, one document" basis.
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