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The Implementing Regulations of the Mineral Resources Law will come into effect next month

2026-05-26View Original

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Clear provisions are set forth regarding oil and gas exploration rights as well as exploration and exploitation activities. According to a report from Sinochem News, Premier Li Qiang of the State Council signed a decree issued by the State Council, announcing the Implementing Regulations of the Mineral Resources Law of the People’s Republic of China, which will come into effect on June 15, 2026.   The Regulations consist of 8 chapters and 79 articles, and contain many innovative provisions regarding mining rights, the management of mineral resource exploration and exploitation, ecological restoration in mining areas, mineral resource reserves, and emergency response. They provide a legal framework for promoting the high-quality development of the mining industry in the new era and ensuring the security of mineral resources.   Regarding mining rights, the Regulations lay down specific provisions regarding their establishment, grant, renewal, transfer, etc. The Regulations specify that the term of the prospecting right is 5 years, and it can be extended upon expiration; the extension can be granted up to 3 times, with each extension lasting 5 years. For petroleum, natural gas, and other strategic mineral resources identified by the competent department of natural resources under the State Council, the number of renewal times may be increased according to actual circumstances, with the approval of said competent department.   Regarding the management of mineral resource exploration and exploitation, the Regulations stipulate the establishment and improvement of a system of technical standards and norms for basic geological surveys; specify the procedures for applying for exploration permits and mining licenses; strengthen the guarantee of land use for the mining industry; promote the comprehensive utilization of mineral resources; and define the legal validity of mineral resource reserve reports. The Regulations stipulate that when exploitable oil, natural gas, and other mineral resources are discovered during the exploration of such resources, the person holding the exploration rights may proceed with extraction after carrying out testing operations and submitting a plan for integrated exploration and exploitation to the original authority that granted the mining rights. They must also complete the necessary registration procedures with the relevant energy authorities as required by law. Where a prospecting rights holder exploits mineral resources such as oil and natural gas in accordance with the provisions of the preceding paragraph, he shall, within the time limit specified by the competent department for natural resources under the State Council, apply to the original department that granted the mining rights to convert his prospecting rights into mining rights, go through the registration procedures for mining rights in accordance with the law, and obtain a mining license.   Regarding the ecological restoration of mining areas, the Regulations specify that the holder of the mining rights is responsible for such restoration, detail the elements that must be included in the restoration plans, and establish time limits for completing the restoration work as well as procedures for its verification.   Regarding mineral resource reserves and emergency response, the Regulations specify that the establishment of a strategic mineral resource reserve system should follow the principles of \"government leadership, social participation, diversified complementarity, and efficient coordination.\" They further detail the systems related to the reserve of strategic mineral resources, production capacity, and resources located in specific areas, while also improving the measures for emergency handling of mineral resource issues.   When explaining the Regulations, officials from the Ministry of Justice and the Ministry of Natural Resources stated that upon the implementation of these Regulations, the six accompanying administrative laws under the original Mineral Resources Law would be repealed simultaneously. Next, efforts will be focused on promptly improving the supporting systems and strengthening coordination to ensure the effective implementation of all relevant systems.

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