Mineral legal perspective | Lawyers focus on the issue of "net ore" transfer in Shandong Province
Published:
2022-03-01
On May 1, 2020, the Ministry of Natural Resources issued the Opinions on Several Matters Concerning the Reform of Mineral Resources Management (Trial) (Natural Resources Regulation No. 2019) (hereinafter referred to as the "Opinions"). In order to guide the "net ore" transfer of mineral resources in Shandong Province and clarify the working procedures of "net ore" transfer, in accordance with the relevant provisions such as the opinions of the Ministry of Natural Resources on promoting the Reform of Mineral Resources Management (for trial implementation) and the Circular of Shandong Provincial Department of Natural Resources on promoting the Reform of Mineral Resources Management, combined with the actual situation of Shandong Province, Shandong Provincial Department of Natural Resources on December 9, 2021, formulate the "Guiding Opinions on the Transfer of" Net Mines "in Shandong Province (Trial)", now let us understand the situation of the transfer of "net mines" in Shandong Province: What are the conditions for the transfer of "net ore" in Shandong Province in 1? According to the "Guiding Opinions on the Transfer of" Net Mines "in Shandong Province (Trial)" and other relevant policies and regulations, the conditions for the transfer of "net mines" in Shandong Province are: (I) conform to the territorial space planning; (II) in accordance with mineral resources planning; (III) in line with the relevant national and provincial industrial policies and the needs of economic and social development; The scope of (IV) transfer meets the requirements of land use, forest use and sea use; (V) mining rights to transfer the boundaries of the scope of accurate, clear ownership of mineral resources assets, no dispute; (VI) mining minerals meet the requirements of differentiated management of mining rights; The proceeds from the transfer of (VII) mining rights have been assessed; The geological reserves within the scope of (VIII) transfer have been identified, and the technical data required for the preparation of plans for the development and utilization of mineral resources, geological environment protection and land reclamation have been completed; Compensation for the land and its above-ground attachments, power facilities, roads and historical assets within the scope of (IX) transfer has been negotiated and disposed of in place; After the transfer of the (X) mining right, the transferee shall go through the registration of the mining right in accordance with the regulations. If it involves temporary occupation or permanent use of the land, it shall go through the examination and approval procedures in accordance with the law. After the relevant work is completed, it can enter the site to carry out the relevant infrastructure preparation work without affecting the mining activities; (11) Other circumstances that meet the conditions for the transfer of "net ore. What are the steps to 2. the "net mine" transfer? According to the "Guiding Opinions on the Transfer of" Net Mines "in Shandong Province (Trial)" and other relevant policies and regulations, the transfer of "net mines" in Shandong Province generally has the following steps: (I) work plan for assignment According to the transfer conditions, planning blocks and preliminary preparations determined by the mineral resources plan, the county-level natural resources department organizes relevant business departments to study and determine the scope of the mining area to be transferred, and solicit the ecological environment, transportation, water conservancy, forestry, emergency And other departments and the township government (sub-district office) where the transfer scope is located, formulate a "net mine" transfer work plan, and organize the implementation after being approved by the county-level people's government. Among them, the municipal "net ore" transfer work plan shall be studied, determined and implemented by the municipal department in charge of natural resources. Provincial "net mine" transfer work, the implementation of the "Shandong Provincial Department of Natural Resources Mining Rights Transfer Work Flow" provisions. (II) Site Survey In accordance with the "net ore" transfer work plan, the county-level natural resources department organizes relevant departments and the township (street) and villagers' representatives where the mining area is located to inspect the site, issue a survey report, and sign written opinions. The transfer of "net ore" at the provincial and municipal levels shall be carried out in conjunction with the competent departments of natural resources at the county level, and a site survey report shall be prepared. The main contents of the survey report include: 1. The scope of transfer; 2. The status of resources; 3. The setting of mining rights; 4. The status quo of land use, original facilities, roads, etc.; 5. Find out the location, land type, ownership and other conditions of the land and the attachments on the ground; 6. Verify the overlap of various protection areas such as ecological protection red lines, permanent basic farmland, urban development boundaries, nature reserves, drinking water source protection areas, national public welfare forests, and protection areas of immovable cultural relics. 7. Other situations that need to be explained. (III) Disposal Compensation Scheme In accordance with the clear division of responsibilities in the "net mine" transfer work plan, confirm with local rural collective economic organizations, farmers, and property owners of above-ground attachments, draw up a disposal compensation plan, and sign a compensation agreement after the mine location has been publicized without objection. Public transfer of (IV) organizations Through the public resources trading platform at or above the county level to the public transfer. The announcement of the transfer shall comply with the provisions of laws and regulations and shall not set exclusive conditions. (V) sign the contract of assignment The bidder shall sign the confirmation of the transaction as required within 3 working days after the end of the transaction. Within 5 working days after signing the transaction confirmation letter, the transferor shall publicize the transaction result to the public according to the release channel of the transfer announcement, and the publicity period shall not be less than 10 working days. The transfer contract can only be signed after the publicity has no objection. To sum up, Shandong Province clearly requires the improvement of land use procedures in accordance with laws and regulations in the "net mine" transfer work. If the conditions are met, the simultaneous handling of mining rights and construction land use rights can be explored. The transfer of mining rights still emphasizes the promotion of competitive transfer of mining rights, simplifying the approval procedures for mining rights, strengthening supervision and management during and after the event, and ensuring that the management of mineral resources is in place.
On May 1, 2020, the Ministry of Natural Resources issued the Opinions on Several Matters Concerning the Reform of Mineral Resources Management (Trial) (Natural Resources Regulation No. 2019) (hereinafter referred to as the "Opinions"). In order to guide the "net ore" transfer of mineral resources in Shandong Province and clarify the working procedures of "net ore" transfer, in accordance with the relevant provisions such as the opinions of the Ministry of Natural Resources on promoting the Reform of Mineral Resources Management (for trial implementation) and the Circular of Shandong Provincial Department of Natural Resources on promoting the Reform of Mineral Resources Management, combined with the actual situation of Shandong Province, Shandong Provincial Department of Natural Resources on December 9, 2021, formulate the "Guiding Opinions on the Transfer of" Net Mines "in Shandong Province (Trial)", now let us understand the situation of the transfer of "net mines" in Shandong Province:
What are the conditions for the transfer of "net ore" in Shandong Province in 1?
According to the "Guiding Opinions on the Transfer of" Net Mines "in Shandong Province (Trial)" and other relevant policies and regulations, the conditions for the transfer of "net mines" in Shandong Province are:
(I) conform to the territorial space planning;
(II) in accordance with mineral resources planning;
(III) in line with the relevant national and provincial industrial policies and the needs of economic and social development;
The scope of (IV) transfer meets the requirements of land use, forest use and sea use;
(V) mining rights to transfer the boundaries of the scope of accurate, clear ownership of mineral resources assets, no dispute;
(VI) mining minerals meet the requirements of differentiated management of mining rights;
The proceeds from the transfer of (VII) mining rights have been assessed;
The geological reserves within the scope of (VIII) transfer have been identified, and the technical data required for the preparation of plans for the development and utilization of mineral resources, geological environment protection and land reclamation have been completed;
Compensation for the land and its above-ground attachments, power facilities, roads and historical assets within the scope of (IX) transfer has been negotiated and disposed of in place;
After the transfer of the (X) mining right, the transferee shall go through the registration of the mining right in accordance with the regulations. If it involves temporary occupation or permanent use of the land, it shall go through the examination and approval procedures in accordance with the law. After the relevant work is completed, it can enter the site to carry out the relevant infrastructure preparation work without affecting the mining activities;
(11) Other circumstances that meet the conditions for the transfer of "net ore.
What are the steps to 2. the "net mine" transfer?
According to the "Guiding Opinions on the Transfer of" Net Mines "in Shandong Province (Trial)" and other relevant policies and regulations, the transfer of "net mines" in Shandong Province generally has the following steps:
(I) work plan for transfer
According to the transfer conditions, planning blocks and preliminary preparations determined by the mineral resources plan, the county-level natural resources department organizes relevant business departments to study and determine the scope of the mining area to be transferred, and solicit the ecological environment, transportation, water conservancy, forestry, emergency And other departments and the township government (sub-district office) where the transfer scope is located, formulate a "net mine" transfer work plan, and organize the implementation after being approved by the county-level people's government.
Among them, the municipal "net ore" transfer work plan shall be studied, determined and implemented by the municipal department in charge of natural resources.
Provincial "net mine" transfer work, the implementation of the "Shandong Provincial Department of Natural Resources Mining Rights Transfer Work Flow" provisions.
(II) Site Survey
In accordance with the "net ore" transfer work plan, the county-level natural resources department organizes relevant departments and the township (street) and villagers' representatives where the mining area is located to inspect the site, issue a survey report, and sign written opinions.
The transfer of "net ore" at the provincial and municipal levels shall be carried out in conjunction with the competent departments of natural resources at the county level, and a site survey report shall be prepared.
The main contents of the survey report include: 1. The scope of transfer; 2. The status of resources; 3. The setting of mining rights; 4. The status quo of land use, original facilities, roads, etc.; 5. Find out the location, land type, ownership and other conditions of the land and the attachments on the ground; 6. Verify the overlap of various protection areas such as ecological protection red lines, permanent basic farmland, urban development boundaries, nature reserves, drinking water source protection areas, national public welfare forests, and protection areas of immovable cultural relics. 7. Other situations that need to be explained.
(III) Disposal Compensation Scheme
In accordance with the clear division of responsibilities in the "net mine" transfer work plan, confirm with local rural collective economic organizations, farmers, and property owners of above-ground attachments, draw up a disposal compensation plan, and sign a compensation agreement after the mine location has been publicized without objection.
Public transfer of (IV) organizations
Public transfer to the public through the public resources trading platform at or above the county level. The announcement of the transfer shall comply with the provisions of laws and regulations and shall not set exclusive conditions.
(V) sign the contract of assignment
The bidder shall sign the confirmation of the transaction as required within 3 working days after the end of the transaction. Within 5 working days after signing the transaction confirmation letter, the transferor shall publicize the transaction result to the public according to the release channel of the transfer announcement, and the publicity period shall not be less than 10 working days. The transfer contract can only be signed after the publicity has no objection.
To sum up, Shandong Province clearly requires the improvement of land use procedures in accordance with laws and regulations in the "net mine" transfer work. If the conditions are met, the simultaneous handling of mining rights and construction land use rights can be explored. The transfer of mining rights still emphasizes the promotion of competitive transfer of mining rights, simplifying the approval procedures for mining rights, strengthening supervision and management during and after the event, and ensuring that the management of mineral resources is in place.
Key words:
Related News
Zhongcheng Qingtai Jinan Region
Address: Floor 55-57, Jinan China Resources Center, 11111 Jingshi Road, Lixia District, Jinan City, Shandong Province
