It is not difficult to foresee that the mines are looking for blindness, the tailings are refined and comprehensively utilized, and the resources “One Belt, One Road†will be promising; and the extensive, wasteful, and polluting mining methods will never return.
"12 green gold card" is not only recourse for past environmental debts, but also sounded a green high-tech mining and resource utilization horn. In the process, mining companies in nature reserves have encountered some difficulties. In order to protect its own interests reasonably and legally, it is necessary to thoroughly understand the spirit of the policy and make timely adjustments.
Recently, the Ministry of Land and Resources issued the “Working Plan for the Cleanup of Mining Rights in Nature Reservesâ€, which forced the mining rights to safely withdraw from the protected areas, and the new mining rights could no longer enter the nature reserve.
Since the 18th National Congress of the Communist Party of China, General Secretary Xi Jinping has repeatedly pointed out the outstanding problems of destroying the ecological environment. This shows that the Party Central Committee attaches great importance to ecological environmental protection. As a mining enterprise, its development must meet the requirements of the central government, and it cannot be discounted in protecting the environment. However, in this process, when mining companies withdraw from the nature reserve, how can the previous investment be properly recovered, and how to protect their legitimate interests when doing follow-up work, these quickly become the hot spot in the mining industry. topic.
Clearly in the nature of the region
At present, some local nature reserves in China have unclear functional divisions and blurred boundaries on the ground. What happens when mineral resources exploration and development conflict with environmental protection? At the 2017 China Prospectors Annual Meeting, Wu Yonggao, legal counsel of the Real Estate Registration Center of the Ministry of Land and Resources, believes that the mining rights holders who have mining rights in the nature reserve first: It is necessary to clarify which functional area of ​​the protected area is in the protected area; the second is to maintain its legitimate rights and interests.
According to the Regulations of the Nature Reserve, nature reserves can be divided into core areas and buffer zones, as well as experimental areas. The mining rights holder must clarify two issues:
有 Whether the protected area has a core area and a buffer zone;
具体 Where is your mining right? If the mining rights are not in the core area and the buffer zone, according to the regulations of the “Experimental area may have qualified construction projectsâ€, the protected area may retain a part of the reasonable existence of mining rights.
Then, what about the mining rights in the core area of ​​the protected area and the buffer zone? The Ministry of Environmental Protection and other ten departments, "Notice on Further Strengthening the Supervision and Management of the Development and Construction of Nature Reserves," have stipulated that the exploration rights, mining rights and water withdrawals are guaranteed. Under the premise of the legitimate rights and interests of the right holders, the core areas of the nature reserve and the buffer zone shall be reasonably withdrawn according to law.
The way to exit is as follows:
1. If there is a mining right that has completed the transfer or registration, it will not transfer the mining rights or go through the registration formalities.
2. The mining rights of the period 2, no longer apply for renewal registration, but go through the formalities for cancellation.
3. Change the scope of nature reserves, and change some areas of the nature reserve and functional zoning, and reserve some areas to make some mining rights “legitimateâ€.
Three ways to defend rights
How should mining rights holders defend their legitimate rights and interests? Basically, they can resolve, reconsiderate and administrative litigation through negotiation.
"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, and the right to explore, mining and water, which have been agreed by the competent authorities of the protected area, It belongs to the 'Administrative Trust Protection Rights' stipulated by the Laws and Regulations of the Property Law and the Administrative Licensing Law. It is necessary to classify and propose differentiated compensation and withdrawal schemes. Under the premise of safeguarding the legitimate rights and interests of exploration rights, mining rights and water rights holders, Exiting the core area of ​​the nature reserve and the buffer zone, eligible mining rights holders can justify the legitimate compensation requirements. The compensation required by the mining right holder generally includes the payment of the remaining years of the mining rights or the price of the remaining reserves, the investment in geological exploration, the deforestation expenses of the mining infrastructure and the audited machines, and reasonable pre-earnings.
The Supreme People's Court promulgated on June 24, 2017, "The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Mining Rights Disputes", effective July 27, 2017.
The following basic concepts should be followed in the trial of mining rights disputes:
1. Mining rights As a property right, transferability is one of its essential characteristics.
2. Mineral resources are characterized by scarcity, exhaustion and non-renewability. The development and utilization of mineral resources must follow the path of sustainable development.
3. The exploration and exploitation of mineral resources must be accompanied by changes or even damage to the surrounding ecological environment, with strong negative externalities. The government and environmental protection departments need to pay attention to the balance between public interest and private interests. They should not only consider the need for environmental protection, but also ignore the reliance interests of legitimate operators.
The Ministry of Environmental Protection, the Ministry of Land and Resources, the Ministry of Water Resources, the Ministry of Agriculture, the State Forestry Administration, the Chinese Academy of Sciences and the State Oceanic Administration jointly issued the "Notice on Joint Implementation of the "Green Shield 2017" National Nature Reserve Supervision and Inspection Special Action", decided 2017 From July to December of the year, a special campaign for supervision and inspection of national nature reserves was organized nationwide. At the same time, in accordance with the Ministry of Land and Resources's "Working Rights Clearance Work Plan in Nature Reserves", the mining rights in the nature reserve will be completely retired by the end of December 2017, and the mining rights in the protected area will be reported to the Ministry of Land and Resources. summary report. All localities comprehensively sort out the mining rights in the nature reserve, and set up the exit account, requiring all types of prospecting right holders and mining rights holders in the nature reserve to stop exploring, mining and other activities, suspending their continuation and change work and new Set the mining rights. With the principle of “exit first, then compensateâ€, exit. It is forbidden for social capital to enter the nature reserve for exploration. The minerals identified in the protected area can only be used as a national strategic reserve resource, and environmental protection has been fully integrated into our work and life.
Forging Hydraulic Press,Metal Forming Pressure,Metal Press Forming Process,High-Speed Fine-Blanking Press
Chongqing Jiangdong Machinery Co., Ltd , https://www.cqjdpress.com