Land and mineral resources are important resource elements for steady growth and important material basis for economic and social development. Mining needs land, especially for open-pit mining such as coal, metal and sand, which is relatively large. However, for a long time, due to the limitations and constraints of some objective factors, there has been an embarrassing situation of "legal mining and illegal land use" in some places, which has plagued the local natural resources management departments and management counterparts. The management department did not dare to go beyond the limits, and the mining right holder looked at the mine and sighed: "Why is it so difficult to use the land legally for mining?"
In my opinion, there are legal reasons for this. For example, the Mineral Resources Law of the People's Republic of China focuses on the disposal, allocation and supervision of mining rights and their proceeds, with less consideration of land policies related to them; However, the Land Administration Law of the People's Republic of China focuses on the protection of agricultural land, the disposal and allocation of the right to use construction land and the control of land use, and the land administration has less pre-set requirements for mining land due to the particularity of mining land, resulting in the mismatch between land use and mining demand. At the same time, the complex situation of land use for mining production facilities, involving numerous management agencies, mutual constraints, many requirements for application and approval, and many links for approval, is also the crux of "legal mining and illegal land use". In November
last year, the Ministry of Natural Resources issued the Notice on the Guarantee of Mining Land, which, on the basis of fully considering the particularity of mining land and the objective law of mineral resources development, put forward multi-channel and differentiated guarantee of the rational demand for mining land, and pointed out the direction for effectively solving the problem of mining land from the top-level design. Governments at all levels and relevant administrative departments need to further emancipate their minds and refine relevant measures to ensure that good policies are stable and far-reaching, take root and further release policy dividends.
Classified measures should be taken to solve practical problems. For example, for the problem of illegal mining land left over from history, on the basis of respecting the reality, according to the different reasons such as imperfect laws and regulations, lax law enforcement by the government, and the reasons of mining enterprises themselves, dialectical treatment and classified measures should be taken; In view of the road for ore transportation and the supporting land for production of new mines, it is necessary to increase the types of temporary land, separate the mining land from the industrial land, give it special policies, maximize the legalization of mining land, and so on.
It is in line with the latest policies to support the development of mining entity economy. We will make good use of relevant dividends such as the industrial land supply policy, improve the supply system of long-term lease, lease before transfer and flexible term transfer of mining land in combination with the actual situation of mining land, support mining enterprises to select appropriate land use methods, match the transfer period of mining land with the mining period, and determine the transfer period of mining land according to the mining right period.
Integrate government functions and further optimize the business environment. For example, we should actively explore and promote the transfer of "net mines", and for many administrative licenses related to mining rights, such as land use rights, forest rights and ecological environment assessment, we should unify all procedures led by one department, so as to achieve the goal of "less running for mining enterprises and more services for government departments", and promote the transformation of the government from "emphasizing management" to "emphasizing market services".
In addition, relevant laws and regulations should be revised as soon as possible to fundamentally solve the problem of mining land. For example, we can learn from the integration of real estate management, the integration of sea area use rights and mining rights in sea sand mining, and promote the integration of mining rights and related cultivated land, forest (grass, wet) land use rights.
The economy should be stable and development should be safe. To further improve the security of mining land, natural resources departments at all levels need to constantly emancipate their minds, proceed from reality and start from problems, so as to make the policy dividend more effective.
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