Beijing Municipality, Questions Relevant to Strengthening the Administration of Exploration Rights and Mining Rights Circular

Issued: January 16 2003
Effective: as of date of issue

Main contents: Exploration rights and mining rights may be granted by the authority in charge of registration of such rights through invitation for bids, auction, public listing or agreement. Such grant constitutes the primary market of exploration rights and mining rights (Sections One and Two). The Circular lists the scope of exploration rights and mining rights that may be granted (Section Three). The municipal land and resources department is authorized by the Ministry of Land and Resources to approve applications for and assignment of exploration rights in respect of mineral resources within the municipality (Section Four). However, applications for mining rights in respect of medium-sized or larger mineral reserves or where the applicant is a foreign investor shall be approved by the Ministry of Land and Resources (unless the authority is authorized by the ministry to handle such applications). Approval of foreign investment in the mining of geothermal resources and mineral water and the granting of mining rights in relation thereto is within the jurisdiction of the municipal land and resources department (Section Five).
Related legislation: PRC Mineral Resources Law (Revision), Aug 29 1996, CLP 1996 No.8 p8; State Council General Office, Transmission of the«Ministry of Land and Resources, Further Rectifying the Administration of Mineral Resources Opinion» Circular, 2001 and Administration of Granting and Assigning Mining Industry Rights Tentative Provisions, Oct 31 2000, CLP 2000 No.4 p48