Recently, the Ministry of Natural Resources issued the Opinions of the Ministry of Natural Resources on Several Matters Concerning Deepening the Reform of Mineral Resources Management, which made detailed provisions on comprehensively promoting the competitive transfer of mining rights, strictly controlling the transfer of mining rights by agreement, and actively promoting the "net ore transfer".
of mining rights, except for special circumstances such as agreement transfer, all mining rights shall be transferred through public competition by means of bidding, auction and listing in accordance with the Rules for the Transfer and Transaction of Mining Rights (Natural Resources Regulation [2023] 1). Promote the use of guarantees or deposits in mining rights transactions, and explore the establishment of relevant rules to ensure the smooth progress of mining rights transactions. For the
competitive transfer of the exploration right of oil and gas (including petroleum, hydrocarbon natural gas, shale gas, coalbed methane and natural gas hydrate), the starting price shall be determined according to the guidance on the standard of the starting price of the transfer income of mining rights formulated by the Ministry of Natural Resources and the Ministry of Finance.
2. Strictly control the transfer
of rare earth and radioactive mineral exploration and mining projects by agreement or key construction projects approved by the State Council, and the competent departments of natural resources may transfer mining rights to specific subjects by agreement. The Ministry of Natural Resources shall seek the opinions of the provincial government on the transfer of mining rights by agreement, and the local authorities in charge of natural resources shall submit the transfer of mining rights by agreement to the local government at the same level for approval.
Based on the requirements of mine safety production and the rationality of mining rights setting, it is necessary to further explore and exploit mineral resources (except for sand, stone and soil minerals for ordinary construction) by using the original production system, and to set up deep or upper, peripheral and scattered resources of mining rights, as well as the distance between adjacent mining rights of the same main body. The prospecting right or mining right may be transferred by agreement.
3. Actively promote the transfer
of "net ore", implement the transfer of "net ore" of sand and gravel mining rights, and actively promote the transfer of "net ore" of other minerals. Strengthen the preparatory work for the transfer of mining rights, optimize the transfer process of mining rights, and improve service efficiency. According to mineral resources planning, geological work results and market demand, a project bank for the transfer of mining rights should be established, and in conjunction with relevant departments, the scope of the transfer should be reasonably determined in accordance with the law to avoid the red line of ecological protection and other prohibited and restricted exploration and mining areas, and the examination and approval matters and management policies such as land use, sea use, forestry and grass use should be well linked up so as to facilitate the transfer of mining rights. Mining rights holders can go through the examination and approval procedures for land use, sea use, forest use and grass use in accordance with the law and regulations, and carry out exploration and mining work normally. If the exploration and mining work cannot be carried out
due to force majeure, the competent department of natural resources may change or terminate the contract according to law, withdraw the mining right, and return the proceeds from the transfer of the mining right that has been levied in accordance with the relevant provisions.
4. The Ministry of
Natural Resources is responsible for the registration of the transfer of mining rights of petroleum, hydrocarbon natural gas, shale gas, natural gas hydrate, radioactive minerals, tungsten, rare earth, tin, antimony, molybdenum, cobalt, lithium, sylvite and crystalline graphite; Provincial departments in charge of natural resources are responsible for the registration of the transfer of mining rights of other strategic minerals and the implementation of mineral resources planning and control measures. The competent departments of natural resources at or below the provincial level shall be responsible for the registration of the transfer of mining rights of other minerals. The assessment of the proceeds from the transfer of
mining rights shall be organized and carried out by the competent departments of natural resources at the provincial level.
5. Opening the oil and gas exploration and exploitation market
Domestic and foreign-funded companies registered within the territory of the People's Republic of China with net assets of not less than 300 million yuan are eligible to obtain oil and gas mining rights in accordance with regulations. Oil and gas exploration and exploitation shall meet the qualification requirements and regulations of safety and environmental protection, and have corresponding technical capabilities for oil and gas exploration and exploitation.
6. Implementing the system
of integration of oil and gas exploration and exploitation If an oil and gas mining right holder discovers oil and gas resources that can be exploited and decides to continue exploitation after completing the oil (gas) testing operation, he may carry out exploitation after submitting the plan of integration of exploration and exploitation (annex) to the competent department of natural resources with registration authority within 30 days. In areas where geological reserves are proved in the course of exploration and exploitation, mineral resources reserve reports shall be prepared in time for evaluation and filing. Within five years of reporting the integrated exploration and mining plan, the mining right holder shall sign a contract for the transfer of mining rights and register the mining rights according to law. If the integrated exploration and mining plan has been
reported for more than five years and the mining right has not been transferred, it shall be treated as illegal mining. If the mining right holder decides not to continue mining after completing the oil (gas) testing operation, and if the mining is completed or can not be transferred and stopped within five years, the mining right registration shall not be handled.
7. Adjustment of the term
of the exploration right The term of registration for the new establishment, extension and retention of the exploration right is 5 years. When applying for renewal registration of exploration right, 20% of the area specified in the exploration license shall be deducted, the scope of non-oil and gas resources submitted/the scope of oil and gas proven geological reserves submitted shall not be included in the deduction base, and the area of deep or upper exploration of established mining rights shall not be deducted. The oil and gas exploration right may deduct the same area of other blocks of the exploration right holder in the same basin, but the newly transferred oil and gas exploration right shall not be used to deduct the area of other blocks of the exploration right holder within five years. If there is an agreement in the contract for the assignment of
mineral exploration right, it shall be implemented in accordance with the contract.
8. Implementing new classification
of mineral resources and reserves, mineral resources management and planning, policy formulation, mineral resources exploration and mining, resource reserves estimation and evaluation, mineral resources statistics and publication, and formulation of relevant technical standards. The current national standards and specifications such as Classification of Solid Mineral Resources Reserves (GB/T 17766-2020), Classification of Oil and Gas Mineral Resources Reserves (GB/T 19492-2020) and geothermal and mineral water should be implemented.
9. Strengthen the assessment and filing
of mineral resources reserves. The competent departments of natural resources shall implement the legal requirements of the state ownership of mineral resources, assess and file the mineral resources reserves declared by the mining owner or the project construction unit according to the application, and issue the assessment and filing documents. The competent department of natural resources may entrust the mineral resources reserve assessment institution to organize the assessment and filing work according to the scope and authority of the assessment and filing, and the relevant expenses shall be implemented in accordance with the relevant provisions of the State.
10. To clarify the scope and authority
of evaluation and filing, the transfer of exploration rights to mining rights, the change of minerals in mining rights, and the change (expansion or reduction) of mining rights involve the change of mineral resources reserves. If the proven geological reserves of oil and gas minerals during the exploration and mining period, the cumulative proven mineral resources of other minerals during the mining period have changed significantly (the change exceeds 30% or reaches a medium-sized scale or above), and the important minerals are covered by construction projects, a mineral resources reserve report conforming to relevant standards and norms shall be prepared and applied for review and filing. No review and filing shall be conducted for the retention and alteration of mineral exploration rights, the continuation, transfer and transfer of exploration and mining rights, the closure of mines, and the listing and financing of mines. The Ministry of
Natural Resources shall be responsible for the assessment and filing of mineral resources reserves for which exploration licenses or mining licenses have been issued at the corresponding level, and the competent departments of natural resources at the provincial level shall be responsible for other work. Where a construction project covers important minerals, the competent department of natural resources at the provincial level shall be responsible for the evaluation and filing, except for petroleum, hydrocarbon natural gas, shale gas, natural gas hydrate and radioactive mineral resources. We will continue to promote the construction of a market service system for mineral resources reserves to meet the needs of enterprises in production and operation, the development of the mining industry and the market.
11. To standardize the geological exploration work
funded by finance, the exploration projects funded by the central or local finance shall not set up exploration rights, and the geological exploration work shall be carried out on the basis of the project task book. If the exploration right has been established before December 31, 2019, the competent department of natural resources may continue to handle the extension of the exploration right, cancel the exploration right after completing the prescribed exploration work, and transfer or reserve it by the competent department of natural resources. The amount of newly added resources of a
financially funded exploration project shall be examined by an evaluation institution entrusted by the competent project unit, and the review opinions shall be issued. The new resources of other exploration projects shall be examined by the relevant institutions entrusted by the mining right holder.
This opinion shall be implemented from the date of issuance and shall be valid for five years. The Opinions of the Ministry of Natural Resources on Several Matters Concerning Promoting the Reform of Mineral Resources Management (Trial Implementation) (Natural Resources Regulation No.7, 2019) shall be abolished at the same time. Where other documents issued before the implementation of this Opinion are inconsistent with the provisions of this Opinion, they shall be implemented in accordance with this Opinion.
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