In order to improve the efficiency of administrative examination and approval of construction projects covering important mineral resources, and effectively protect and rationally utilize mineral resources, the Department of Natural Resources of Ningxia Hui Autonomous Region recently issued the "Measures for the Management of Construction Projects of Ningxia Hui Autonomous Region to Overburden Important Mineral Resources" (hereinafter referred to as the "Measures"). Focusing on the main provisions of the Measures, Mr. Huo Zhijian made the following interpretation based on the legal practice of overriding claims. 
Interpretation 1: Further clarify the concept of overlay
and cladding zone judgment rules
a) On the concept of overlay. Different from the "Notice on Further Improving the Examination and Approval Management of Construction Project Overlying Important Mineral Resources" (Guo Lu Zi Fa No. 2010 No. 137), the "Measures" refers to the behavior that causes the identified mineral resources in the affected area to be unable to be explored and mined after the implementation of the construction project.
2) Clearly put forward the concept of "influence zone". The compaction area refers to the scope of land used for construction projects and the scope of safe expansion. At the same time, the Measures put forward three basic requirements for the determination of the overlay area:
1.The project construction unit shall, in accordance with relevant laws, regulations and technical specifications, reasonably determine the area of influence, ensure the safety of the construction project, and do not affect the development of mineral resources outside the area of influence.
2.For projects involving underground mining in the affected area, the affected area shall not be less than the scope of the enclosure zone determined by the "Code for Coal Pillar Retention and Coal Pressing Mining in Buildings, Water Bodies, Railways and Main Shafts" (Safety Supervision General Coal Loading No. 66 2017).
3.For projects involving open-pit blasting mines in the affected area, the affected area shall not be less than the range determined by the blasting safety distance.
Interpretation 2: In the list of important mineral resources
Ningxia's advantageous mineral resources have been increased
The "Measures" make it clear that in addition to the 34 minerals listed in the appendix of the "Measures for the Registration and Management of Mineral Resources Mining" issued by Ningxia, Ningxia's advantageous mineral resources metallurgical quartzite and magnesium ore (smelting magnesia dolomite) will be added.
Interpretation 3: Clarify construction projects and minerals
ResourcesPriority of conflicts
The measures put forward that before the site selection of the construction project, the project construction unit should inquire about the overlap between the affected area and the mineral resources according to the affected area of the construction project, and if there are identified mineral resources in the affected area or the financially funded exploration project is being implemented, the project construction unit should first consider adjusting the site selection plan. If it is really necessary to overlay the identified important mineral resources, the approval procedures for overlaying the important mineral resources shall be completed before the approval of the construction land. Without approval, it shall not override the scope of the exploration area of the identified important mineral resources or the financially funded projects that are being implemented.
It is also worth noting that the "Measures" stipulate that when mineral resources are explored and mined, no protective pillars shall be set up for construction projects that have not been approved by override, and the relevant safety responsibilities shall be borne by the construction unit.
Interpretation 4: Clarify the construction projects in four types of situations
There is no need to apply for approval of overriding significant mineral resources
The Measures stipulate that construction projects that meet one of the following conditions do not need to apply for approval of overlaying important mineral resources.
1.Projects implemented by mining enterprises within the boundaries of their mining areas.
2.The affected area is overlying coal formation (layer) gas, geothermal, mineral water and other gas and fluid mineral resources.
3.The affected area overlaps with the scope of mining rights, the scope of mineral resources registered in the warehouse or the financially funded exploration area of the identified resources, but does not affect the exploration and mining of important mineral resources.
4.The affected area overlies the prospecting rights for important mineral resources for which no resources have been identified.
Interpretation 5: Specific areas are governed by the competent authorities
Regional establishmentorBefore the adjustment, the cladding was carried out uniformly
Investigation and evaluation of important mineral resources
In specific areas such as development zones, industrial parks, comprehensive bonded zones, and logistics parks included in the urban development boundary, the competent department of the region or the department designated by it shall be responsible for uniformly carrying out the investigation and assessment of overlying important mineral resources before the establishment or adjustment of the area, and submit an application for approval to the Department of Natural Resources of the Autonomous Region in accordance with the relevant provisions of the Working Procedures for Regional Assessment of Overlying Important Mineral Resources in Ningxia Hui Autonomous Region (Ning Natural Resources No. 2019 No. 324).
Interpretation 6: On the principle of overlay compensation
The Measures require that if the compensation content is involved, it shall be resolved through consultation between the construction unit and the mining rights holder in accordance with the document of the Ministry of Land and Resources "Land Resources Development 2010 137".
Lawyer Huo Zhijian explains:
1.The Measures do not propose updated provisions on override compensation, and still invoke the spirit of Document 137. It is worth noting that Article 4 (3) of Document No. 137 stipulates that if a construction project overlays the mineral resources with mining rights, the new land use right holder shall also sign an agreement with the mining rights holder at the same time, and the agreement shall include the mining rights holder's agreement to give up the scope of the overlying mining area and related compensation content, and make "principled" provisions on the scope of compensation. Accordingly, the administrative authority will review whether the overlay agreement is "compliant" in accordance with the aforesaid provisions when conducting the overlay approval, otherwise there will be a risk that the documents submitted for review will be "unqualified".
2.The level of effect of the "Document No. 137" of the Ministry of Land and Resources is a normative legal document, not a law or an administrative regulation, and it has no power to limit civil compensation. In particular, it should be noted that Document No. 137 is only a "principle provision" on the scope of override compensation, which should be understood as "at least including", rather than "maximum ceiling".
3.Mining rights as a usufructuary right under the law, when the rights and interests are damaged, it is not appropriate to ignore the property value of the usufruct right, the assessment of the amount of its loss, the adjudication body should be combined with the cause of the override, the illegality of the project, the degree of subjective fault, the type of mining right (prospecting right or mining right), the degree of damage and other key factors after a comprehensive analysis, and then comprehensive consideration and judgment based on the evidence of the whole case, if necessary, may entrust a qualified professional institution in accordance with the corresponding industry standards to assess and determine.