China issues guidelines on managing mineral resources affected by construction projects
The Ministry of Natural Resources of Chin has recently issued a notice on strengthening the management of construction projects that encroach upon or encumber mineral resources. The notice outlines the following key provisions:
When formulating and implementing territorial spatial plans, full consideration should be given to the distribution of mineral resources, with alignment to existing mining rights and mineral resource plans. Spatial conflicts between development and construction activities and mineral resource utilization should be addressed in advance, and the siting of construction projects should be rationally arranged to minimize the encumbrance of mineral resources. Within energy- and resource-rich areas designated by the competent department of natural resources under the State Council, where adjustments to urban development boundaries are necessitated by overlaps with mining rights boundaries, such adjustments may be made following due justification and in conjunction with the dynamic maintenance of territorial spatial plans.
During site selection and route planning for construction projects, proactive inquiries should be made on the websites of provincial-level natural resources authorities regarding the distribution of mineral resources and the status of mining rights within the proposed footprint. Provincial-level and higher natural resources authorities should proactively provide public encumbrance inquiry services through the "One Map" platform, with feedback to be delivered within five working days.
Where scientific assessment determines that the footprint of a construction project overlaps with mineral resources but does not impede normal exploration and mining activities, or where a mining enterprise encumbers mineral resources within its own mining rights area for supporting projects such as exploration, beneficiation, or smelting, such cases shall not be treated as encumbrance of mineral resources. Mineral resources newly discovered or for which new mining rights are established within the project footprint after project implementation shall likewise not be deemed as encumbered. For construction projects within urban development boundaries, the approval process for mineral resource encumbrance shall be streamlined as appropriate; where regional encumbrance assessments have already been conducted, separate inquiry and encumbrance management procedures shall no longer be required.
