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Q&A Regarding China's " The Mineral Resources Law of the People's Republic of China"(4)

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Q: Which department formulates the specific measures for the registration of mining rights?
A: The specific measures for the registration of mining rights shall be formulated by the competent department of natural resources under The State Council.

Q: What is the term of the exploration right?
A: The term of the exploration right is five years. When the term of the exploration right expires, it can be renewed. The maximum number of renewals shall not exceed three times, and each renewal period is five years. When renewing, the area of the exploration zone shall be reduced in accordance with the regulations. Except as otherwise provided by laws and administrative regulations.

Q: What is the term of the mining right?
A: The term of a mining right is determined in combination with the reserves of mineral resources and the scale of mine construction, and shall not exceed thirty years at the longest. When the term of a mining right expires and there are still exploitable mineral resources within the registered mining area, it may be renewed. Except as otherwise provided by laws and administrative regulations.

Q: Under what circumstances is it not necessary to obtain a prospecting right?
A:
  1. State-funded exploration of mineral resources;
  2. The mining right holder conducts exploration for the needs of mining activities within the registered mining area;
  3. Other circumstances as prescribed by The State Council and the competent department of natural resources under The State Council.

Q: Under what circumstances is it not necessary to obtain a mining right?
A:
  1. For personal use in daily life, individuals dig up sand, stone and clay that can only be used as ordinary building materials;
  2. Within the approved operation area and construction period, the construction unit of a construction project may excavate sand, stone and clay that can only be used as ordinary building materials due to construction needs.
  3. Other circumstances as prescribed by The State Council and the competent department of natural resources under The State Council.
Where there are circumstances as prescribed in the first and second items of the preceding paragraph, the requirements for supervision and administration as prescribed by the province, autonomous region or municipality directly under the Central Government shall be observed.

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