Mineral Law Perspective | Brief Analysis and (II) of Mineral Resources Overburden Practice
Published:
2023-07-27
Mineral resource overburden means that the identified mineral resources cannot be developed and utilized due to the implementation of construction projects or planning projects. Mineral resources overburden disputes are characterized by many controversial focuses, low compensation standards, long resolution cycles, and different judicial decisions. This series of tweets intends to sort out the practical problems of mineral overburden, with a view to helping all parties to effectively safeguard their legitimate rights and interests. Mining rights overburden existing legal norms Analysis of the Nature of Overlaid Mineral Resources Disputes In judicial practice, the people's courts hear disputes over mineral resources overlaid by construction projects as civil cases, and the cause of the case is usually determined as property rights disputes (prospecting rights disputes, mining rights disputes), or tort liability disputes (property damage compensation disputes). The Ministry of Natural Resources "Reply to the No. 8524 Recommendation of the Third Session of the 13th National People's Congress" (Natural Resources People's Congress [2020] No. 053) pointed out, "After the mining right holder obtains the mining right, the construction project needs to cover the mineral resources in the region. At this time, the mining right holder and the implementation subject of the construction project belong to the rights and obligations between equal civil subjects, and do not involve the national mineral resource owners, it is not appropriate for the state to compensate the mining right holders by directly returning the proceeds from the transfer of mining rights in the overlying area or replacing resources in an equal amount. The two parties involved should negotiate and resolve the matter in accordance with the principles of market economy and the spirit of the rule of law." From the above reply, it can also be seen that the dispute between the implementation subject of the construction project and the mining right owner due to the overlaying of the mining right is a civil dispute. The behavior of overlaying mineral resources leads to different dispute situations. 1. Infringement disputes The overlaying carried out by the project construction unit without the consent of the mining right owner constitutes a tort, and the litigation caused by the construction unit's failure to perform the overlaying liability is a tort liability dispute. 2. Contract disputes If the construction project overlaying behavior has obtained the consent of the mining right owner in advance, the mining right owner and the project construction unit have signed an overlaying compensation agreement, and the construction unit fails to perform the overlaying compensation agreement resulting in litigation, which is a contract dispute.
Mineral resource overburden means that the identified mineral resources cannot be developed and utilized due to the implementation of construction projects or planning projects. Mineral resources overburden disputes are characterized by many controversial focuses, low compensation standards, long resolution cycles, and different judicial decisions. This series of tweets intends to sort out the practical problems of mineral overburden, with a view to helping all parties to effectively safeguard their legitimate rights and interests.
Mining rights overburden existing legal norms
Analysis of the Nature of Overlaid Mineral Resources Disputes
In judicial practice, the people's courts hear disputes over mineral resources overlaid by construction projects as civil cases, and the cause of the case is usually determined as property rights disputes (prospecting rights disputes, mining rights disputes), or tort liability disputes (property damage compensation disputes).
The Ministry of Natural Resources "Reply to the No. 8524 Recommendation of the Third Session of the 13th National People's Congress" (Natural Resources People's Congress [2020] No. 053) pointed out, "After the mining right holder obtains the mining right, the construction project needs to cover the mineral resources in the region. At this time, the mining right holder and the implementation subject of the construction project belong to the rights and obligations between equal civil subjects, and do not involve the national mineral resource owners, it is not appropriate for the state to compensate the mining right holders by directly returning the proceeds from the transfer of mining rights in the overlying area or replacing resources in an equal amount. The two parties involved should negotiate and resolve the matter in accordance with the principles of market economy and the spirit of the rule of law."
From the above reply, it can also be seen that the dispute between the implementation subject of the construction project and the mining right owner due to the overlaying of the mining right is a civil dispute.
The behavior of overlaying mineral resources leads to different dispute situations.
1. Infringement disputes
The overlaying carried out by the project construction unit without the consent of the mining right owner constitutes a tort, and the litigation caused by the construction unit's failure to perform the overlaying liability is a tort liability dispute.
2. Contract disputes
If the construction project overlaying behavior has obtained the consent of the mining right owner in advance, the mining right owner and the project construction unit have signed an overlaying compensation agreement, and the construction unit fails to perform the overlaying compensation agreement resulting in litigation, which is a contract dispute.
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