Research On The Disposal Of Mining Rights Within The Inner Mongolia Ecological Protection Red Line

Based on the urgent need for the construction of ecological civilization,China has put forward the concept of ecological protection red line and is committed to solving ecological security issues such as environmental pollution and ecosystem destruction.However,at the same time,there are also a large number of mining rights that have obtained permits within the ecological protection red line.If improperly disposed,it will have a great impact on China's mining economy.This thesis selected the Inner Mongolia Autonomous Region as the research object,and sorted out all the mining rights information that overlaps within the ecological protection red line.Nowadays,the relevant departments have all disposed their mining rights in various nature reserves and protected areas.Therefore,this thesis has taken the disposal method of all the revocation of mining rights in the ecological protection red line of Inner Mongolia Autonomous Region as the default background,and explores the impact of this disposal method in various aspects.The results showed that:(1)Since the delineated area of the ecological protection red line in the Inner Mongolia Autonomous Region has closely occupied to half of the territory of the entire autonomous region,the total number of overlapping mining rights(including oil and gas)reached 2888,of which the number of mining rights(including oil and gas)was as high as 671.It is estimated that only the revocation of the overlapping mining rights of the three types of copper,iron and coal is about 5% of the total output value of the non-oil and gas mineral industry in the entire autonomous region.If all overlapping mining rights are disposed,it is expected to have a greater impact on the total industrial output value,and the number of affected mining employees will also reach 170,000.At the same time,if all the exploration rights are disposed,it will seriously disrupt the mining exploration in the Inner Mongolia Autonomous Region.The exploration rights are not belong to the actual mining stage,and its degree of damage to the ecological environment cannot be treated in the same way as the mining right.(2)Through the evaluation of 8 categories of indicators such as province,mineral type,exploration / mining stage,validity period,number of overlapping mining rights,area of overlapping mining rights,design scale,mining method,the number of revocation of mining rights within the red line of ecological protection in Inner Mongolia Autonomous Region impact is 4.2907,which is a relatively high,which further confirmed that the impacts of all removal practices are huge.Based on the above analysis results,combined with the sort out of the concept of ecological protection red line,the analysis of the legal system related to the development of mineral resources and the studies of foreign cases,for the mining rights in the ecological protection red line in Inner Mongolia,this thesis gives the following disposal suggestions:(1)The “one-size-fits-all” disposal plan should not be adopted,foreign experiences should be consulted,and their legitimate rights and interests should be recognized according to the time of establishment.Newly established mining rights should not be allowed.At the same time,strict technical control of existing mining rights should be carried out to raise the environmental threshold to press them quit when they expired.(2)On the basis of fully evaluating the impact of different types of mining rights on the environment,we should speed up the formulation of usage guidelines within the ecological protection red line,and establish a differentiated management system with hierarchical classification.(3)Revise and perfect the Mineral Resources Law,establish a relevant legal system,clarify the responsibilities and obligations of all rights subjects,and keep administration by Law.