净矿出让
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最高法发布矿产资源纠纷案最新司法解释 2月1日起施行
Yang Shi Xin Wen· 2026-01-21 03:38
Core Viewpoint - The Supreme People's Court has issued an interpretation regarding the application of laws in mineral resource dispute cases, effective from February 1, 2026, to ensure the implementation of the new Mineral Resources Law that took effect on July 1, 2025 [1][2]. Group 1: Legal Framework - The interpretation consists of twenty-three articles aimed at clarifying the rights and obligations of parties involved in mineral resource transactions [1]. - It allows the transferee to terminate contracts if they cannot legally obtain mining land due to the transferor's actions, thereby protecting the transferee's rights to explore and mine [1]. - The interpretation mandates compensation for mining rights holders if their rights are revoked for public interest or if they are required to exit protected natural areas [1]. Group 2: Environmental and Compensation Provisions - Mining rights holders who have fulfilled their ecological restoration obligations and passed inspections cannot be sued for ecological damage caused by their mining activities, barring new evidence [2]. - For public interest projects in energy, transportation, and water resources, if mining resources are overlapped without a compensation agreement, it does not constitute infringement, but fair compensation for losses incurred must be provided [2]. - Compensation includes the value of the mining rights, exploration investments, established mining facilities, and relocation costs [2].
福建新矿法实施后首宗探矿权成功出让
Zhong Guo Zi Ran Zi Yuan Bao· 2025-10-23 02:00
Core Insights - The successful auction of exploration rights for ceramic clay mines in Yongchun County, Quanzhou City, marks the first such auction in Fujian Province since the implementation of the revised Mineral Resources Law of the People's Republic of China [1] - This auction is also the first exploration rights transfer in Quanzhou City in the past five years, indicating a significant regulatory shift in the mining sector [1] Regulatory Changes - The exploration rights transfer adhered to the "net mine" requirements set forth by the new mining law, ensuring compliance with ecological protection and land use regulations [1] - A comprehensive compliance review mechanism was established to guarantee that all stages from assessment to auction are conducted legally and transparently [1] - The management approach for mining rights has transitioned from "administrative dominance" to a "market-driven + full-process supervision" model [1] Market Activity - Under the guidance of the Fujian Provincial Natural Resources Department, various cities including Longyan, Zhangzhou, and Quanzhou have systematically conducted mining rights transfers, resulting in the auction of nine mining rights this year [1] - Notably, two of these mining rights pertain to copper polymetallic exploration, marking the first transfer of metal mining rights in Fujian Province in 15 years [1] - The ongoing mining rights transfer activities are stimulating market vitality and supporting a new round of strategic actions for mineral exploration breakthroughs [1]