Is mining land considered construction land?

It doesn't belong. Mining land refers to mining, quarrying, sand (sand) quarrying, salt pans, brick kilns and other ground production land and tailings dumping land. Construction land refers to the land for the construction of buildings and structures, urban and rural residential and public facilities, industrial and mining land, energy, transportation, water conservancy, and communications.

Extended information: The construction land management system includes the management, quota, approval, and licensing of construction land. ** Functional departments use administrative, legal, economic and technical means to allocate and coordinate the land use relationship of various departments, units and land use units, ensure the basic needs of food and construction, and strictly control the transformation of agricultural land to non-agricultural land and take various management measures, which is an important part of land management.

Among them, the main work of construction land management is:

Research and compile medium and long-term land use plans and annual land use plan indicators for various types of construction land, and supervise their implementation.

Handle the expropriation and allocation of land, the transfer of urban state-owned land, and the supervision and management of the transfer of land use rights in accordance with the law.

Inventory and deal with illegal land use and illegal land use.

Formulate and improve laws, regulations and various rules and regulations for the management of construction land.

Organize the formulation of national construction projects and the compilation and implementation of quota indicators for township land. The examination and approval authority of construction land is generally carried out by the land management department of the people's ** at or above the county level.

Construction land is generally divided into residential land, public facility land, industrial land, commercial land, logistics and warehousing land, transportation facility land, municipal public facilities land, road square land, green space, and special land. Construction land can be divided into agricultural construction land and non-agricultural construction land according to the nature of the land it uses. According to the different land ownership and construction content, it is divided into national construction land, township (town) construction land, foreign-invested enterprise land and other construction land.

According to the different scale of project investment and land use, it is also divided into large-scale construction project land, medium-sized construction project land and small-scale construction project land.

According to the "Urban and Rural Land Classification and Planning and Construction Land Standards" (2018 Edition), mining land belongs to the sub-item of construction land (H), mining land (H5).

Including mining, quarrying, sand (sand) quarry, brick kiln and other ground production land and tailings dumping site.

Mining land belongs to the category of construction land, and shall be reviewed and submitted for approval according to the construction land.

According to the provisions of the Land Management Law, mining land is classified as construction land. Therefore, when applying for the acquisition of mining land, mining enterprises must review and submit for approval in accordance with the procedures for obtaining construction land, and must perform the corresponding approval procedures for construction land. If it involves the occupation of land owned by peasant collectives, it must also be expropriated by the state and the relevant procedures for land expropriation prescribed by law must be carried out.

Legal Analysis: Minerals belong to the second class of national land.

Legal basis: Article 3 of the Mineral Resources Law of the People's Republic of China Mineral resources belong to the state, and the ownership of mineral resources by the state is exercised. State ownership of mineral resources, whether surface or underground, does not change depending on the ownership or use rights of the land to which they are attached.

The State guarantees the rational development and utilization of mineral resources. It is forbidden for any organization or individual to occupy or destroy mineral resources by any means. The people at all levels must strengthen the protection of mineral resources.

To prospect and exploit mineral resources, it is necessary to apply for and obtain prospecting rights and mining rights separately in accordance with the law, and to obtain the prospecting rights and mining rights in accordance with the law, except for the exploration carried out by the mining enterprises that have applied for the mining rights in accordance with the law for the production of the enterprise within the scope of the demarcated mining area. The State protects prospecting and mining rights from infringement, and ensures that the production and work order in mining areas and exploration areas are not affected or damaged. Those engaged in the exploration and exploitation of mineral resources must meet the prescribed qualifications.

Legal analysis: Mining land may be construction land or temporary land, which must be determined according to the use attributes.

Legal basis: "Measures for the Administration of Mine Land" Article 13 Prospecting rights holders and mining rights holders who need to temporarily occupy land for exploration and exploitation of mineral resources may apply for approval procedures for temporary land use. The term of temporary use of land shall not exceed two years.

Expiration of the term of temporary land, the land-using unit really needs to continue to use the land temporarily, in accordance with the provisions of these measures to re-apply for temporary land approval procedures.

Summary. Hello, mining land refers to mining, quarrying, sand (sand) quarrying, salt pans, brick kilns and other ground production land and tailings dumping land.

Construction land refers to the land for the construction of buildings and structures, the land for urban and rural housing and public facilities, the land for industrial and mining purposes, the land for infrastructure such as energy, transportation, water conservancy, and communications, the land for tourism, and the land for military use. It is a land that uses the carrying capacity of the land or the building space and does not have the main purpose of obtaining biological products.

Is mining land considered construction land?

Hello, mining land refers to mining, quarrying, sand mining (sand) yards, salt pans, brick kilns and other ground production land and tail draft Peilun mine stacking land. Construction land refers to the land for the construction of buildings and key tokens, the land for urban and rural residential and public facilities, industrial and mining land, infrastructure land such as energy, transportation, water conservancy, communications, tourism land, military land, etc., and the land provided for various land facilities under construction through engineering means by paying a certain investment (land development and construction costs). It is a land that uses the carrying capacity of the land or the building space and does not have the main purpose of obtaining biological products.

I want to build a factory on mining land, but after I build it, is it illegal?

Are you there. Please reply.

Hello, no.