The mine opened to the nature reserve, how the mineral rights holders defend their legitimate rights and interests!

What should I do when mineral resources exploration and development conflict with environmental protection? At the 2017 China Prospector Annual Meeting, Wu Yonggao, Legal Counsel of the Real Estate Registration Center of the Ministry of Land and Resources, gave a mining right in the nature reserve in a speech at the special forum of the legal section. Mining right holders: First, to find out which functional area of ​​their mining rights in the nature reserve, and second, learn to protect their legitimate rights and interests.

Wu Yonggao said that as of the end of 2013, the area of ​​nature reserves nationwide reached 146.31 million hectares, accounting for about 15% of the country's land area, but there were phenomena such as blurred functional areas and unclear realm on the ground.

Wu Yonggao said that according to the Regulations on Nature Reserves, nature reserves can be divided into core areas, buffer zones and experimental areas. The mining rights holders need to clarify two questions: First, whether the protected area delineates the core area and the buffer zone, and second, whether the mining rights are in the core area and the buffer zone. If it is not in the core area and buffer zone, according to the regulations of the “Experimental area may have qualified construction projects”, some protection rights may be reserved in the protection zone.

What is the mining right in the core area and buffer zone of the protected area? The Ministry of Environmental Protection and other ten departments, "Notice on Further Strengthening the Supervision and Management of the Development and Construction Activities of Nature Reserves", provide for the protection of the right to explore, mining and water rights Under the premise, the core areas and buffer zones of the nature reserve will be withdrawn according to law.

There are several ways to exit:

First, the mining rights that have not been transferred or registered are not transferred, and the mining rights are not transferred or the registration procedures are completed.

Second, the mining rights that are due are no longer subject to continuation registration, but are subject to cancellation procedures.

The third is to adjust the scope of the nature reserve, and by releasing the area of ​​the nature reserve and functional zoning, release some areas to make the mining rights “legal”.

Wu Yonggao pointed out that in the above notice, "the legal exploration rights, mining rights and water abstraction rights that existed before the establishment of the nature reserve, and the completion of the procedures after the establishment of the nature reserve have been completed, and the exploration rights agreed by the competent authorities of the protected area have been obtained. The mining rights and water abstraction rights shall be classified and proposed with different compensation and withdrawal schemes. Under the premise of safeguarding the legitimate rights and interests of exploration rights, mining rights and water rights holders, the provisions of the core areas and buffer zones of the nature reserve shall be withdrawn according to the law. The mining right holder can make a claim for compensation.

Because whether it is the mining rights established before the establishment of the protected area, or after the establishment of the protected area, the exploration rights and mining rights obtained by the mining right holders through legal procedures are based on the interests of the government to form a protection, and belong to the Property Law. The “Administrative Licensing Protection Rights and Interests” stipulated by laws and regulations such as the Administrative Licensing Law, the mining right holders can reasonably propose relevant compensation requirements.

Regarding the scope of compensation, Wu Yonggao suggested that it should include the remaining years of the mining rights paid or the price of the remaining reserves, prospecting inputs or mining infrastructure inputs and audited depreciation, and appropriate expected returns.

How do mining rights holders safeguard their legitimate rights and interests? Wu Yonggao believes that there are three ways to resolve, reconsiderate and administrative litigation through negotiation.

Wu Yonggao explained the case of Su Yaohua v. the People's Government of Boluo County of Guangdong Province, which was announced by the Supreme People's Court. “The typical significance of the case is that in environmental management activities, the government and environmental protection departments need to pay attention to the balance between public interests and private interests. They should not only consider the needs of environmental protection, but also ignore the reliance interests of legitimate operators. In particular, to avoid Responsibility for compensation, deliberately looking for various reasons to identify legitimate production and operation activities as 'illegal' phenomenon." Wu Yonggao said.

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