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The prospecting right holder may exploit complex types of deposits that meet the requirements of the national regulations on exploration and mining; However, the original exploration license should be issued by the authority, the mineral reserves examination and approval agency and the exploration project department to submit the demonstration materials, after review and approval, in accordance with the provisions of the regulations on the management of mining registration, for mining registration. "During the validity period and retention period of the prospecting right, the prospecting right holder shall have the right to obtain the mining right of mineral resources in the exploration operation area in priority, and the registration management authority shall not accept the person's mining right application in the exploration operation area without the consent of the prospecting right holder. If the prospecting right holder applies for mining rights in its exploration and operation area, the mining rights may not be evaluated, and the registration management authority shall not collect the price.
When the prospecting right holder applies for the mining right within the scope of its exploration block in accordance with the law, it shall go through the mining registration in accordance with the provisions of the mining registration management regulations, but shall enjoy the priority during the validity period and retention period of the prospecting right, and obtain the mining right by approving the application.
If you have a prospecting right, you need to apply for a mining right
1. Make a geological report, obtain relevant results after general survey, detailed investigation or exploration, and file with the Provincial Land and Resources Department, and then apply for demarcation of the mining area, calculate the price of mining rights, and then go to the Energy Bureau to handle the legal access.
Second, the next step is to do the feasibility research institute report, development and utilization plan, preliminary design, water resources, soil and water conservation, environmental impact assessment, etc. to obtain approval. Then prepare the mine environment, land reclamation and other relevant approvals to the Provincial Land Department to submit information.
The situation varies from province to province, so you can consult the relevant departments.
Provide legal services for prospecting rights, mining rights, exploration and mining rights. Related agency services. The following (Mining License, Prospecting License, Lawyer Service).
The processing time is two months as fast as two months and more than half a year when it is full.
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Provide prospecting rights to mining rights agency services, all over the country can be accepted according to the situation. The following (Mining License, Prospecting License, Lawyer Service).
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It usually takes two months.
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The approval opinions for the conversion of prospecting rights into mining rights shall be sent to the applicant in a timely manner, with a copy to the relevant geological and mineral resources authorities, local people**, and other relevant competent departments. The approval opinion shall include the following main contents:
1. Agree to mine the types of minerals, reserves and geographical location of the mining area;
2. The scope of the mining area demarcated by the national standard coordinates (the number of inflection points and the mining depth of the coordinates);
3. Opinions and requirements for the comprehensive development and utilization of mineral resources (including the scale of mine construction, the expected service life of the mine, the comprehensive utilization of mineral resources, and the requirements for comprehensive development);
4. Reservation period for the scope of the mining area;
5. Other issues that need to be explained.
Prospecting rights refer to the right to explore for mineral resources. Mining rights refer to the rights of mining enterprises to exploit, utilize, benefit and manage mineral resources in accordance with the provisions of the law in the activities of mining mineral resources. One is exploration and the other is mining, which is different in nature.
Measures for the Administration of Registration of Exploitation of Mineral Resources".
Article 5. When applying for a mining license, the applicant for mining rights shall submit the following information to the registration authority:
1) Application for registration and a map of the scope of the mining area;
2) Proof of the qualifications of the applicant for mining rights;
3) the development and utilization plan of Hongjuzhi mineral resources;
4) Approval documents for the establishment of mining enterprises in accordance with the law;
5) Environmental impact assessment report on mining mineral resources;
6) Other information required by the competent department of geology and mineral resources.
If the application is made for the exploitation of mineral resources in the national planning mining area or the mining area with important value to the national economy and the specific minerals for the national protective mining, the approval documents of the relevant competent departments shall also be submitted.
Those who apply for the exploitation of oil and natural gas shall also submit the approval documents for the establishment of oil companies or the consent to carry out oil and natural gas exploitation, as well as the certificate of legal personality of the mining enterprise.
Detailed Rules for the Implementation of the Mineral Resources Law of the People's Republic of China
Article 16. The prospecting right holder shall enjoy the following masking rights:
1) Conduct exploration in accordance with the area, time limit and work object specified in the exploration permit;
2) Erect power supply, water supply and communication pipelines in the survey operation area and adjacent areas, but shall not affect or damage the original power supply, water supply facilities and communication pipelines;
3) Passage in the exploration operation area and adjacent areas;
4) Temporary use of land according to the needs of the project;
5) Priority to obtain the prospecting rights of newly discovered minerals in the exploration operation area;
6) Priority to obtain mining rights for mineral resources in the exploration and operation area;
Seven Lachao) self-sale of mineral products in accordance with the approved engineering design and construction in the exploration, except for the mineral products purchased by the designated unit.
When exercising the rights listed in the preceding paragraph, the prospecting right holder shall comply with the provisions of the relevant laws and regulations if it shall be approved or other formalities shall be performed.
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Hello, the validity period of the mining license is determined according to the scale of mine construction: if it is large-scale, the mining license is valid for up to 30 years; For medium-sized ones, the mining license is valid for a maximum of twenty years; For small ones, the mining license is valid for up to ten years. Legal basis:
Measures for the Administration of Mineral Resources Exploitation Registration Article 7 The validity period of the mining license shall be determined according to the scale of mine construction: if it is large-scale or more, the mining license shall be valid for up to 30 years; For medium-sized ones, the mining license is valid for up to 20 years; For small ones, the mining licence has a maximum balance of 10 years. If the mining license expires and it is necessary to continue mining, the mining right holder shall, 30 days before the expiration of the mining license, go through the renewal registration procedures with the administrative authority of Dengjin Shouting.
If the mining right holder fails to go through the renewal registration formalities within the time limit, the mining license shall be revoked by itself.
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Legal Analysis: Prospecting rights and mining rights shall not be transferred except in accordance with the following provisions:
1) The prospecting right holder has the right to carry out the prescribed exploration operations in the demarcated exploration operation area, and has the right to obtain the mining right of mineral resources in the exploration operation area on a priority basis. After completing the prescribed minimum exploration investment, the prospecting right holder may transfer the prospecting right to another person with approval in accordance with the law.
2) Mining enterprises that have obtained mining rights, due to merger, division, joint ventures or cooperative operations with others, or due to enterprise assets and other changes in the property rights of enterprise assets, need to change the subject of mining rights, with the approval of law, the mining rights can be transferred to others for mining.
Legal basis: "Provisions on the Administration of Registration of Business Scope of Enterprises" Article 5 Noisy Rubber Strip To apply for a licensed business project, the applicant shall apply to the examination and approval authority in accordance with the laws, administrative regulations, and decisions, and after approval, apply for registration with the enterprise registration authority with the approval documents and certificates. If the examination and approval authority has a restriction on the operation period of the licensed project, the registration authority shall register the business period, and the enterprise shall engage in business within the business period approved by the examination and approval authority.
To apply for a general business project, the applicant shall independently select one or more types of business with reference to the Classification of National Economic Industries and relevant regulations, and directly apply for registration with the enterprise registration authority in accordance with the law.
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Legal analysis: prospecting rights and mining rights are collectively referred to as mining rights, both of which are a kind of property rights that are used for impenetration, and the right holder enjoys the right to prospect and exploit mineral resources within the scope specified in the exploration license and mining license obtained in accordance with the law, but the content of the rights is different, and the obligations of the right holder are also different. The rights of prospecting rights holders mainly include the erection of power supply, water supply and communication pipelines in the exploration operation area and adjacent areas; Passage in the exploration operation area and the adjacent area of the facies dispute; Temporary use of land according to the needs of the project; Priority to obtain prospecting rights for new minerals discovered within the scope permitted by the exploration permit; Priority is given to obtaining the mining rights of mineral resources in the exploration and operation area; After the completion of the prescribed minimum exploration investment, the prospecting right may be transferred to another person with approval in accordance with the law; According to the provisions of the state, the sale of mineral products in the exploration work.
The rights of the mining right holder are mainly to build the production and living facilities required for mining within the approved mining area; engage in mining activities within the scope and duration specified in the mining license; Licensed mining of mineral products and co-occurring and associated mineral products; Conduct production exploration within the boundaries of the mining area; Sales of mineral products and determination of mineral products in accordance with national regulations**; In accordance with the provisions of the state, the stove cavity shall obtain land use rights and other above-ground property rights in accordance with the law; In accordance with the provisions of the state, it shall be publicly issued to the public and open to the public in accordance with the law.
Legal basis: Administrative Measures for the Registration of Mineral Resources Exploration Blocks Article 19 If the prospecting right holder discovers a complex type of mineral deposit that meets the requirements of the national exploration and mining regulations during the validity period of the exploration permit, it may apply for mining and go through the mining registration formalities with the approval of the registration authority.
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