Abstract:
The revision of the
Mineral Resources Law in 2024 is a comprehensive, systematic, and reconstructive revision of the 1986
Mineral Resources Law, which has been implemented for more than 30 years. It is an important measure to implement General Secretary Xi Jinping’s important instructions and directives, as well as the decisions and deployments of the Party Central Committee and the State Council. It is of great significance for promoting high-quality development of the mining industry, advancing ecological civilization construction, and ensuring national mineral resource security. To ensure the implementation of the new
Mineral Resources Law, it is necessary to analyze the key issues involved in major institutional changes and improve them. One of the major institutional changes in the new
Mineral Resources Law of 2024 is the separation of mining rights registration and exploration and mining administrative licensing. Through literature review and qualitative research methods, this paper examines the evolution of the relationship between mining rights registration and exploration and mining administrative licensing from blending to separation. It analyzes how this change can highlight the property rights nature of mining rights, restrain the administrative power of managing mineral resources within necessary limits, and promote the development of the mining rights market. It explores the need to study whether mining rights registration should be included in real estate registration, whether exploration and mining licenses can be transferred, the content and duration of mining rights certificates and exploration and mining licenses, as well as how new and old certificates are connected, and the determination of illegal mining crimes. This paper proposes corresponding countermeasures and suggestions, including temporarily not including mining rights registration in the unified registration of real estate, determining the content of the mining rights certificate and exploration and mining license based on their nature, non-transferable exploration and mining license but can be reapplied for within the validity period of the mining rights, adhering to the principle of replacing the old certificate only when there are changes in the content of the new certificate, and adjusting the criteria for constituting the illegal mining crime.