Original Title: Notice of the General Office of the People’s Government of Fujian Province on Further Strengthening the Management of Mineral Resources and Promoting High-Quality Development of the Mining Industry (Min Zheng Ban [2024] No. 24)
To the People’s Governments of all cities, counties (districts), the Pingtan Comprehensive Experimental Zone Administrative Committee, all departments and directly affiliated agencies of the Provincial People’s Government, major enterprises, and institutions of higher education:
To thoroughly implement Xi Jinping’s Thought on Ecological Civilization, fully carry out the decisions and arrangements of the Party Central Committee and the State Council, strictly regulate the development, utilization, and protection of mineral resources, strengthen the standardized management of mineral rights concessions, enhance the capacity to ensure mineral resources, improve supply quality, utilization efficiency, and governance effectiveness, promote high-quality development in the mining sector, and achieve the organic integration of resource development and utilization with ecological and environmental protection as well as economic and social development, the Provincial Government hereby issues the following notice on further strengthening the management of mineral resources in our province:
I. Optimizing the Layout of Mineral Resource Exploration and Development
(1) Strengthen Planning Guidance and Support. Strictly implement territorial spatial planning and mineral resource planning; align with and implement ecological and environmental zoning control requirements; scientifically demarcate exploration and development areas; and prohibit mineral resource exploration and mining that do not meet control requirements. Mining rights proposed for concession shall be included in the annual mining rights concession plan in accordance with regulations.Where it is necessary to add or adjust exploration and mining planning blocks based on new geological discoveries or achievements, or to meet critical mineral demands for economic and social development, the authority responsible for formulating mineral resource plans shall propose adjustment plans and complete relevant procedures in accordance with regulations.
(2) Deepen the implementation of the new round of the Mineral Exploration Breakthrough Strategy. In key areas such as designated basic survey zones, key survey zones, key exploration zones, and deep sections of major mines, focus on strategic minerals including iron, manganese, copper, gold, cobalt,tungsten, lithium, niobium, tantalum, beryllium, molybdenum, tin, and crystalline graphite, and in conjunction with revenue from the transfer of mining rights, increase support for the new round of the Mineral Exploration Breakthrough Strategic Action, strive to increase resource reserves, and establish a reserve system for important mineral resources.We will encourage and support holders of mining rights for strategic minerals to increase exploration investment, accelerate exploration efforts and the progress of “exploring deep zones and hidden deposits, and surveying margins and subsurface conditions,” achieve new breakthroughs in mineral exploration, provide resource guarantees for stable and increased production at existing resource bases, and extend the service life of mines.
II. Strengthening the Standardized Management of Mineral Resource Allocation
(1) Allocate mining rights in a scientific and orderly manner. Based on local engineering construction, industrial production needs, and demand for raw and auxiliary materials, appropriately allocate exploration rights for strategic minerals and minerals in which our province holds a competitive advantage—provided they comply with relevant national regulations as well as our province’s industrial policies, planning, environmental protection, and safety requirements—to encourage market entities to intensify exploration efforts and enhance the level of mineral resource security.Open-pit mines for ordinary construction sand and gravel shall not be demarcated by mountain ridges. Where the proposed mining area of a sand and gravel mine spans different county-level administrative regions on either side of a ridge line, the mining area shall not be divided and must be granted as a single unit. Localities shall strengthen analysis of sand and gravel market operations and, within the total control quota for mining rights, grant sand and gravel mining rights in a prudent and orderly manner, with a focus on concentrated mining areas, to effectively ensure the province’s demand for sand in engineering construction.
(2) Strictly regulate access to mineral resource development. When converting an exploration right into a mining right, the designed production scale must comply with national and provincial minimum mining scale requirements (see the appendix for the minimum mining scales of key mineral types designated by the province), and the designed service life must not be less than 5 years.Strict safety production access requirements for mines shall be enforced. Except under specified circumstances, the boundaries of newly established mining rights shall not overlap with the vertical projection boundaries of existing mining rights, and no more than one mining right may be established for the same ore body suitable for concentrated development. For applications to extend mining rights, the designed production scale must comply with national and provincial minimum mining scale regulations. For mining rights that meet planning control requirements and access conditions, the natural resources department shall accept applications for mining right registration in accordance with the law.Mining enterprises may only commence mining operations after obtaining a mining license and completing relevant approval procedures, such as environmental impact assessments, soil and water conservation, and work safety, in accordance with the law.Mining enterprises are encouraged to engage in mergers and reorganizations in accordance with the law, consolidate adjacent mining rights, and promote large-scale, intensive operations. Where mining rights are terminated due to adjustments to various government plans, changes in industrial policies, or other reasons, the people’s governments at the municipal, county (district) levels shall establish and improve compensation mechanisms to safeguard the legitimate rights and interests of mining right holders; where the return of transfer proceeds (consideration) is involved, such matters shall be handled in accordance with relevant regulations.
(3) Strictly control the transfer of mining rights by agreement. For key construction projects approved by the State Council, natural resources departments may, in accordance with their authority for the registration of mining rights transfers and after obtaining the consent of the people’s government at the same level, transfer mining rights to specific entities by agreement.Where, based on requirements for mine safety production and the rationality of mining rights allocation, it is necessary to utilize existing production systems to further explore and exploit mineral resources (excluding ordinary construction sand, gravel, and soil-type minerals), and any of the following circumstances apply, prospecting rights and mining rights may be granted by agreement in accordance with regulations:
1. New mineral resources discovered following exploration work conducted in the deeper or upper parts of the mining area of an existing mining right;
2. Where scattered resources adjacent to an existing mining right are confirmed to belong to the same ore body, or where the mining area must be adjusted due to geographical constraints that make division impractical, or for safety reasons such as expanding the stripping area of an open-pit mine;
3. Where the shaft and tunnel works of an existing mine are located outside the mining area;
4. Narrow strip areas approximately 300 meters wide located between adjacent mining rights held by the same entity.
The natural resources department, in accordance with its authority for the registration of mining rights grants, shall organize expert reviews of the application materials for agreement-based grants. Upon approval by the experts, the application shall be publicly announced in accordance with the provisions of the Ministry of Natural Resources’ “Notice on Issuing the Rules for Mining Rights Grant Transactions” (Natural Resources Regulation [2023] No. 1).If no objections are raised during the public notice period, a mining right transfer contract shall be signed with the mining right holder, and the mining right applicant shall apply for mining right registration with the mining right registration authority in accordance with the law.
(4) Strengthen the guarantee of land for mining operations. In accordance with the Ministry of Natural Resources’ “Notice on Ensuring Land for Mining Operations” (Ziranzhi Fa [2022] No. 202) and other relevant regulations, ensure that reasonable land use needs for mine construction are met.The use of land reclamation, restoration, and vacated land quotas to process mining land procedures is encouraged, and the methods for supplying mining land shall be optimized. Provided that the “Three Zones and Three Lines” control rules are complied with, mining land located outside urban development boundaries that is included in the list of key projects under the national spatial planning and the “One Map” may undergo approval procedures for the conversion of agricultural land in accordance with the law.For mining land within urban development boundaries where land expropriation is required, such land shall be incorporated into a land expropriation and consolidated development plan in accordance with regulations and submitted for approval in accordance with the law. For mining projects utilizing state-owned construction land, applicants shall, upon presentation of a mining license, apply for the transfer of state-owned land use rights through negotiated agreements in accordance with regulations; the term of state-owned land use shall be consistent with the term of the mining license.For mining projects utilizing rural collective construction land, reasonable land use needs may be met through equity participation or joint ventures involving rural collective construction land use rights, or by entering the market via rural collective operational construction land in accordance with national unified arrangements. Efforts will be made to prioritize meeting the reasonable land use needs of green mines. Reform and innovation will be explored to promote the “integration of mining rights and land use rights” in land grant systems.
III. Improving the Efficiency of Mining Administrative Services
(1) Clarify the authority for the grant and registration of mining rights. The Provincial Department of Natural Resources is responsible for the grant and registration of mining rights for strategic minerals (excluding the 14 types of strategic minerals granted and registered by the Ministry of Natural Resources), geothermal resources, mineral water, and sea sand.Natural resources departments at the prefecture-level city level are responsible for the transfer and registration of mining rights for metal minerals, cryptocrystalline graphite, micaceous shale, barite, limestone, natural quartz sand, kaolin, and decorative stone, excluding mineral types transferred and registered by the Ministry of Natural Resources or the Provincial Department of Natural Resources.County-level natural resources departments are responsible for the transfer and registration of mining rights for non-metallic minerals, excluding those for which the Ministry, provincial, or prefecture-level city natural resources departments are responsible. Where the primary mineral type is changed or an additional primary mineral type is added, resulting in a change to the primary mineral type, management shall be conducted in accordance with the transfer and registration authority for the primary mineral type after the change or addition.
(2) Optimizing planning review procedures. For newly granted mining rights or existing mining rights involving changes to mineral types, boundaries, or mining methods, natural resources departments shall focus their reviews on requirements specified in the mineral resource plan, such as exploration and mining directions, total volume, structure, layout, and minimum mining scale. Other exploration and mining registration matters, such as mining right extensions, transfers, amendments, and changes to the mining right holder’s name, do not require a review of compliance with the mineral resource plan.
(3) Strengthen the review of the “Three-in-One” plan for mining rights. Natural resources departments shall, in accordance with their authority for the registration of mining rights, organize and implement the review of the “Three-in-One” plan for mining rights (i.e., the mineral resource development and utilization plan, the mine geological environment governance and restoration plan, and the land reclamation plan). The review panel shall include relevant experts dispatched by the emergency management department at the same level.The review results shall be publicly disclosed for a period of 7 working days; if no objections are raised by the end of the disclosure period, they shall be promptly announced to the public. In cases involving changes to mineral types, adjustments to the scale of mining operations, or adjustments to the boundaries of the mining area, the mining rights holder shall revise the “three-in-one” plan, and the review shall be organized and implemented by the natural resources department with the corresponding authority for the grant and registration of mining rights.
(4) Streamline Mining Right Application Materials. In accordance with the principles of standardization, streamlining, and transparency, further streamline and optimize the list of required materials for mining right applications. Materials that natural resources departments can query or obtain through intergovernmental information-sharing channels shall no longer be required to be submitted by applicants.
IV. Promoting Green Transformation and Upgrading of the Mining Industry
(1) Deepen the Advancement of Green Exploration and Development. Strictly implement relevant standards and specifications for green exploration, actively explore and promote the application of new technologies, methods, and processes for green exploration, and establish a number of green exploration demonstration projects. Intensify efforts to build green mines by incorporating green mine construction requirements into mining rights concession announcements and concession contracts. New mines shall be constructed in strict accordance with green mine requirements, and existing mines shall be upgraded and renovated in strict accordance with green mine requirements.Establish and improve a routine selection mechanism for green mines. Adopt a phased approach—selecting, applying for, and approving in batches—to promptly organize applications for provincial-level or higher green mine designations for eligible mines. Strengthen the dynamic management of the green mine registry and development database, and promptly remove mines that no longer meet green mine criteria in accordance with regulations.
(2) Strengthen the Remediation and Restoration of Mine Geological Environments. Strengthen the implementation of the annual inspection system for mine geological environment remediation and restoration. Following the principle of county-level self-inspection, municipal-level review, and provincial-level spot checks, and relying on an information-based regulatory platform, conduct comprehensive inspections of the geological environment remediation and restoration status of all active mines in the province (excluding geothermal and mineral water mines). Urge mining right holders to strictly fulfill their remediation and restoration obligations in accordance with mine geological environment remediation and restoration plans,land reclamation plans, and to establish mine geological environment remediation and restoration fund accounts and fully allocate funds in accordance with regulations. Mining rights holders whose remediation, restoration, and land reclamation efforts fail to meet plan requirements or who fail to allocate and use funds as required shall be ordered to rectify the issues within a specified timeframe; those who fail to rectify or whose rectification is inadequate shall be investigated and dealt with in accordance with the law.
(3) Promote the conservation and comprehensive utilization of mineral resources. Strictly enforce the “three rates” standards for mineral resources (i.e., mining recovery rate, ore dressing recovery rate, and comprehensive utilization rate), gradually phase out outdated mining processes, equipment, and management practices, as well as backward production capacity that fails to meet requirements regarding the “three rates,” safety, and environmental protection, and comprehensively promote the efficient utilization of mineral resources.Strengthen the utilization of tailings, waste rock, and mine waste; encourage mining enterprises to extract valuable metal components from tailings, as well as to use tailings, waste rock, and mine waste for backfilling mine shafts and tunnels and for mine restoration and remediation.
V. Strict Enforcement and Supervision of Mineral Resources
(1) Consolidate Regulatory Responsibilities at All Levels. Provincial-level authorities shall further establish and improve a mineral resource regulatory mechanism featuring clear delineation of powers and responsibilities and close coordination among departments such as natural resources, public security, ecology and environment, water resources, emergency management, and forestry, thereby forming a framework of joint management and governance. People’s governments of prefecture-level cities and the Pingtan Comprehensive Experimental Zone Administrative Committee shall strictly implement national and provincial regulatory requirements for mineral resources, organizing relevant departments to strengthen inspections of mineral resource development, utilization, and protection within their jurisdictions.County (city, district) people’s governments shall further refine the division of responsibilities among relevant departments, organize townships (towns, subdistricts) to strengthen patrols, and enhance source tracing, information sharing, referral of leads, joint investigations, and joint law enforcement to maintain order in mineral resource management.
(2) Strengthen Corporate Accountability. Urge mining enterprises to strictly implement ecological governance and restoration measures during the development and utilization of mineral resources in accordance with green mine standards, environmental impact assessments, the “three-in-one” mining rights plan, and soil and water conservation plans; strengthen work safety management, strictly implement work safety responsibility systems and operational procedures, and enhance the graded control of safety risks and the identification and rectification of hidden hazards;Strengthen the management of tailings dams, strictly implement relevant regulations on the construction, operation, backfilling, and closure of tailings dams, and ensure the safe operation of tailings dams.
(3) Strictly Investigate and Punish Illegal Acts. Further improve the information-sharing mechanism for approval and supervision, as well as the enforcement and supervision mechanism of “monitoring from the sky, inspecting on the ground, and managing online.” Ensure that illegal acts in the mineral resources sector are detected early, stopped early, and strictly investigated and punished. Where criminal conduct is suspected, cases shall be resolutely transferred to judicial authorities in accordance with the law, effectively promoting the coordination between administrative law enforcement and criminal justice.
This notice shall take effect from the date of issuance and remain valid for five years. In the event of any inconsistencies between this notice and previous relevant provisions, this notice shall prevail.
