Interpretation of the New Mining Law: Establishing and Improving a Geological Survey System to Support and Drive High-Quality Development in the Mining Industry

2021-11-12


The newly revised Mineral Resources Law (hereinafter referred to as the "New Mineral Law") came into effect on July 1, 2025. Articles 7, 9, 30, 31, and 70 of the New Mineral Law directly address issues related to geological surveys, explicitly stating that the state will establish and improve a robust geological survey system and strengthen fundamental geological research efforts. This clearly demonstrates the law's strong focus and high priority on geological survey work, while also setting new requirements for developing complementary regulations for geological surveys, enhancing survey activities, and better supporting the nation’s strategic initiative aimed at achieving breakthroughs in mineral exploration during the next phase.

The newly revised Mineral Resources Law (hereinafter referred to as the "New Mineral Law") came into effect on July 1, 2025. Articles 7, 9, 30, 31, and 70 of the New Mineral Law directly address matters related to geological surveys, explicitly stipulating that the state will establish and improve a robust geological survey system and strengthen fundamental geological investigation efforts. This clearly underscores the law's strong focus and high priority on geological survey work, while also setting new requirements for developing complementary regulations for geological surveys, enhancing survey initiatives, and better supporting the nation’s strategic drive toward achieving breakthroughs in mineral exploration during the next phase.

  The new Mineral Resources Law, under Article 7, clearly defines the status and role of geological surveys in mineral resource exploration, extraction, and conservation, emphasizing the need to strengthen fundamental geological investigation efforts to provide essential geological data for these critical activities. Meanwhile, Article 9 mandates that the natural resources authority under the State Council, in collaboration with relevant departments, shall formulate a national mineral resources plan based on the outcomes of geological surveys and other pertinent findings. This marks the first time that fundamental geological surveys have been explicitly addressed at the national legal level, officially recognizing their foundational role in the broader context of geological work. Additionally, the new law includes provisions encouraging the state to promote initiatives such as offering exploration rights for specific mining blocks, fostering comprehensive utilization of mineral resources, supporting strategic mineral resource monitoring and early-warning research, advancing ecological restoration in mining areas, driving innovation in geological science and technology, and enhancing international cooperation in the mineral resources sector—each of which is closely tied to the mission of geological surveys. In essence, geological survey work remains integral throughout the entire lifecycle of mineral resource exploration, extraction, and protection. These provisions collectively underscore the vital role geological surveys play in advancing high-quality development within the mining industry, while also providing a robust legal framework to bolster, safeguard, and support the ongoing efforts of geological survey institutions nationwide.

  Propose establishing and improving the national geological survey system.

  For decades, geological surveys have made significant contributions to the nation's economic and social development, and their importance—and role—within the broader framework of the Party and state’s undertakings has continued to grow. However, there remain gaps in institutional development, as relevant regulations are currently scattered across various documents and legal frameworks, including the "State Council Decision on Strengthening Geological Work," the "Geological Disaster Prevention and Control Regulations," and the "Geological Data Management Regulations." Article 7 of the new Mineral Resources Law stipulates that "the state shall establish and improve a comprehensive geological survey system," providing a crucial legal foundation for developing detailed supporting regulations that fully refine the geological survey system and pave the way for legislative efforts in this area. This provision also ensures robust legal safeguards for maintaining stable investment in geological surveys and guaranteeing regular updates of survey results and data. To achieve these goals, it is essential to systematically examine the concept and scope of geological surveys, addressing key challenges through thoughtful institutional design—including clarifying the responsibilities of survey agencies, defining professional qualifications, establishing criteria for accessing work areas, enhancing quality management of survey outcomes, implementing effective reward-and-punishment mechanisms, strengthening oversight protocols, and refining the division of central-local administrative powers. Such measures will not only help standardize, regulate, and protect geological survey activities but also elevate the quality of survey outputs, ultimately fostering high-quality growth within the industry. Furthermore, the new Mineral Resources Law underscores the need for the state to establish and maintain a well-structured geological survey system, emphasizing the importance of organizing and conducting geological surveys in a routine, systematic, and long-term manner, with sustained and reliable support from national resources.

  Define the content of fundamental geological survey work and specify the implementing entity.

  Article 30 of the new Mineral Resources Law states: "The natural resources authorities at or above the county level, in collaboration with relevant departments, shall organize and carry out basic geological surveys. Meanwhile, the natural resources authorities at or above the provincial level, together with other relevant agencies, will undertake strategic mineral resource assessments, comprehensive prospective surveys of key metallogenic regions, and potential evaluations." Compared to the original Mineral Resources Law, this revision expands the scope from regional geological surveys to "basic geological surveys," while also clearly distinguishing the entities responsible for organizing such foundational work. Traditionally, basic geological surveys have been primarily funded by national and, in particular, central government budgets, with implementation led by China Geological Survey under the Ministry of Natural Resources, as well as provincial-level natural resources authorities. Under the new law, however, the responsibility for organizing these surveys is explicitly assigned to local governments at or above the county level, working jointly with relevant departments. This shift reflects the growing role played by city- and county-level governments in recent years—many of which have already initiated their own geologic exploration efforts aimed at discovering new mineral deposits. By formalizing this practice now, the law provides a clear legal framework for municipalities and counties interested in undertaking similar geological surveys in the future, though it does not impose mandatory obligations on them. Additionally, the new law specifies that strategic mineral resource assessments, prospective surveys of key metallogenic regions, and potential evaluations must be organized and coordinated by the natural resources authorities at or above the provincial level, in collaboration with other relevant agencies. This decision underscores the critical importance of strategic minerals, coupled with the higher technical standards and specialized expertise required for their effective management. Centralizing these activities under provincial-level oversight ensures more efficient coordination across administrative boundaries, facilitates the integration of diverse data sources, leverages cutting-edge technologies, and mobilizes top-tier professional expertise—all of which are essential for delivering high-quality surveys and identifying promising mineral-rich areas.

  Highlighting New Requirements for the Submission and Supervision of Geological Data

  Geological data serve as the tangible outcomes of geological surveys. Article 31 of the new Mineral Resources Law stipulates that "when conducting geological surveys, mineral resource exploration, and mining activities, original geological data, physical geological samples, and final geological reports must be submitted promptly in accordance with relevant national regulations. These submitted geological materials shall be legally stored, utilized, and protected." First, the provisions now consolidate previously scattered archival records of mineral resource exploration results, statistical data on various mineral reserves, and physical specimen collections—originally governed under the old Mineral Resources Law—into three comprehensive categories of geological data, ensuring a more thorough and precise classification. Second, the core management requirements outlined in the *Geological Data Management Regulations*, such as the submission, storage, and utilization of geological data, have been elevated into formal legal mandates, thereby raising the legal framework for managing geological data submissions to a higher level of authority. Additionally, Article 70 of the new Mineral Resources Law states, "Failure to submit geological data as required will result in an order from the natural resources authorities at or above the county level to rectify the situation, accompanied by fines depending on the severity of the violation." This provision shifts the responsibility for overseeing geological data management within each administrative region—from the provincial-level authorities, as currently specified in the existing *Geological Data Management Regulations*, down to the county-level government. In practice, mineral resource exploration and mining activities are widely dispersed across the country. Relying solely on provincial-level natural resources departments to oversee and manage the submission of geological data by mining rights holders would inevitably lead to ineffective oversight. By assigning the regulatory duties directly to county-level governments, the new law significantly enhances the efficiency and effectiveness of managing, safeguarding, and leveraging geological data nationwide.

  The new Mining Law places significant emphasis on geological survey work, placing higher demands on strengthening institutional frameworks, enhancing the quality of survey outcomes, and bolstering workforce development—tasks essential for supporting and enabling high-quality growth in the mining sector. Looking ahead, geological survey efforts can focus on the following key areas: First, refine institutional design by systematically developing core systems for geological surveys. Although the new Mining Law is constrained by its length and legislative hierarchy, it provides limited specifics on geological surveys. To address this, the law proposes establishing a robust national system for geological surveys, creating room for comprehensive research and the formulation of detailed regulations. In line with this, China’s Ministry of Natural Resources has included "organizing and advancing legislative research and feasibility studies for a Geological Survey Law" in its 2025 legislative plan. Meanwhile, the China Geological Survey has initiated drafting a tentative version of the Geological Survey Law, aiming to further clarify foundational geological surveys, ensure timely updates of survey results, define clear responsibilities within the survey process, and strengthen support mechanisms for geological work. All levels of geological survey institutions should seize this legislative opportunity to systematically examine and refine core institutional frameworks, ensuring that proven best practices are integrated into national laws and regulations—thus addressing the urgent need to fill existing gaps in survey-related governance. Second, geologists should focus on supporting the entire lifecycle of mineral resource exploration and development, driving both quality improvements and operational efficiency in survey activities. This includes intensifying planning and research efforts, particularly through thorough preparation of the national geological survey plan for the 15th Five-Year Plan period. Such planning will lay a solid foundation for compiling comprehensive national mineral resource strategies. Additionally, geologists should accelerate the implementation of the next-generation National Geological Mapping Program, expanding efforts to cover both marine and terrestrial regions. Crucially, they must establish a sustainable mechanism for updating geological survey data at nationally recognized scales. Finally, it’s imperative to clarify the division of responsibilities between central and local authorities while simultaneously strengthening the geological survey workforce. Deepening research into the relationship between central and local geological survey entities will help rationally delineate jurisdictional boundaries and clearly define roles and duties. This will enable the creation of a unified national platform for geological survey operations, ensuring coordinated, nationwide approaches rather than isolated or redundant efforts. As the "national team" leading geological surveys, the China Geological Survey must proactively set benchmarks, provide technical leadership, and serve as a pilot model for innovation across the industry. Meanwhile, the National Geological Data Archive and provincial geological data management agencies should leverage their extensive oversight experience to deliver targeted training programs for municipal and county-level natural resources departments. By doing so, they can enhance regulatory effectiveness and ensure compliance with evolving standards and requirements.

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Interpretation of the New Mining Law: Establishing and Improving a Geological Survey System to Support and Drive High-Quality Development in the Mining Industry

The newly revised Mineral Resources Law (hereinafter referred to as the "New Mineral Law") came into effect on July 1, 2025. Articles 7, 9, 30, 31, and 70 of the New Mineral Law directly address issues related to geological surveys, explicitly stating that the state will establish and improve a robust geological survey system and strengthen fundamental geological research efforts. This clearly demonstrates the law's strong focus and high priority on geological survey work, while also setting new requirements for developing complementary regulations for geological surveys, enhancing survey activities, and better supporting the nation’s strategic initiative aimed at achieving breakthroughs in mineral exploration during the next phase.

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