| In 2017,the “Work Plan for the Mandatory Exit of Mining Rights in Nature Reserves” issued by the former Ministry of Land and Resources clearly stipulated that the establishment of new mining rights in nature reserves is prohibited,and existing mining rights in nature reserves should be forced to withdraw within a time limit..In order to protect the ecological environment and effectively implement the mandatory withdrawal of mining rights in nature reserves,relevant departments and local governments have successively issued plans for the mandatory withdrawal of mining rights.my country’s existing laws and regulations have few provisions on issues related to the mandatory withdrawal of mining rights,and lack of corresponding institutional regulations.In addition,the current regulations on the mandatory withdrawal of mining rights mostly remain in policies and local government documents.The regulations are too principled and lack guiding value.At present,there are still many problems in the practice of mandatory withdrawal of mining rights in various places,mainly reflected in the unspecific conditions for the mandatory withdrawal and withdrawal.The scope is not clear,the exit process is not standardized,the compensation standard is not clear,the compensation method is single,and there are few compensation and relief channels.Regarding the system of mandatory withdrawal of mining rights and the problems in practice,firstly,by determining the premises and reasons for the mandatory withdrawal of mining rights,clarify the withdrawal conditions.Second,in accordance with relevant regulations and the actual circumstances of forced withdrawal of mining rights,unify the withdrawal process to ensure an orderly withdrawal.Third,improve the compensation mechanism,by clarifying compensation standards,constructing flexible and diversified compensation methods,broadening compensation and relief channels,safeguarding the legitimate rights and interests of mining rights holders,and making mining rights withdraw in an orderly manner.Fourth,by clarifying mine reclamation and ecological governance.Restore the source of funds and clarify the types of nature reserves to implement differentiated management of the ecological environment of the mines,to ensure that the mineral rights holders fulfill their legal obligations in accordance with quality and quantity.In the relationship between the development and utilization of mineral resources and the environmental protection should be balanced,so that the mining rights in the protected area can be withdrawn in accordance with the law. |
