The performance and guarantee of ecological restoration obligation in mining areas during the transfer of mining rights under the background of the new Mineral Resources Law

Ecological restoration in mining areas represents a crucial measure for implementing national ecological civilization initiatives and advancing the modernization characterized by harmonious coexistence between humans and nature. It plays a vital role in balancing resource exploitation with ecological protection and in safeguarding regional and national ecological security. The newly revised the Mineral Resources Law of the People’s Republic of China in 2024 introduces a dedicated chapter that explicitly stipulates ecological restoration in mining areas, providing a foundational framework for establishing a long-term restoration mechanism. However, in practice, the fulfillment of ecological restoration obligations remains insufficient during the transfer of mining rights, and accountability is often difficult to enforce. Based on the existing institutional framework for ecological restoration in mining areas, this paper examines the legal attributes and regulatory requirements of mining rights transfer. It further explores the connection between the performance of mining rights transfer contracts and the practice of ecological restoration, supported by analysis of typical cases. The study proposes a pathway for constructing a safeguard mechanism to ensure ecological restoration during mining rights transfer. The research indicates that the obligations and responsibilities related to ecological restoration in the context of mining rights transfer face multiple implementation challenges, including disputes over restoration entities, absence of specific contractual clauses, and inadequate funding. These issues have led to increasingly prominent problems such as ambiguity in responsibility, dilution of obligations, and breaks in the execution chain. Therefore, it is essential to develop coordinated multi-dimensional safeguard mechanisms encompassing legal, administrative, economic, and technical aspects. At the legal and regulatory level, system design should be further refined to require detailed ecological restoration clauses in transfer contracts, clearly defining rights and obligations, phased objectives, acceptance criteria, and liabilities for breach of contract, along with establishing a third-party evaluation mechanism. At the economic level, a performance deposit system and dedicated restoration funds should be implemented to ensure independent oversight and earmarked use of funds, while diversified financing channels such as government subsidies and green credit should be explored. At the technical level, the development and promotion of industry technical standards should be strengthened, and cooperation between enterprises and research institutions should be encouraged to advance cost-effective and efficient restoration technologies. These measures aim to reinforce the implementation of ecological restoration responsibilities and better achieve the compatibility and mutual promotion of resource development and ecological protection.