构建新型制度，破解矿业用地难题——新矿产资源法关于矿业用地法律条款的立法考虑

Core Viewpoint - The new Mineral Resources Law addresses the long-standing issues in the mining sector, particularly the challenges related to land acquisition for mining activities, by introducing a comprehensive framework for mining land use and management [4][6][14]. Group 1: Mining Land Acquisition - The new law specifies that mining land is categorized into exploration and mining land, with dedicated provisions for mining land use [4]. - It emphasizes the need for land use planning to consider the actual requirements for mineral exploration and extraction [5][6]. - The law allows for multiple methods of land supply, including transfer, leasing, and capital contribution, to alleviate the difficulties faced by mining enterprises in acquiring land [7]. Group 2: Strategic Mineral Resources - The law permits the expropriation of collectively owned land for the extraction of strategic mineral resources, recognizing their importance for national economic and defense security [8][9]. - It introduces innovative regulations for temporary land use during the open-pit mining of strategic minerals, allowing for more flexible land management [10][11]. Group 3: Land Use and Environmental Considerations - The law mandates that mining land use must be determined based on necessity, with a maximum duration not exceeding the mining rights period [13][14]. - It emphasizes the importance of balancing mineral resource extraction with ecological protection, requiring mining companies to restore land and ecological conditions during and after mining activities [11][12]. Group 4: Overall Impact - The new law signifies a shift from separate management of mining and land use to a coordinated approach, aiming for high-quality development in the mining sector while addressing the "legal mining, illegal land" issue [14].