Government Sets Guidelines for Applications and for the Evaluation and Granting of Various Mining Business Licenses

  • In order to produce a set of guidelines that address applications for, evaluations of and the granting of non-metal mineral mining business license areas, certain types of non-metal mineral mining business license areas and rock mining business license areas, the Minister of Energy and Mineral Resources ("Minister") has issued Decree of the Minister No. 110.K/HK.02/MEM.B/2021 ("Decree 110/2021").
  • Under Decree 110/2021, non-metal mineral mining business license areas, certain types of non-metal mineral mining business license areas and rock mining business license areas can be granted for areas of up to: 1) 5,000 hectares for rock groups or commodities; and 2) 25,000 hectares for non-metal mineral groups or commodities and for certain types of non-metal minerals, on condition that any areas larger than 100 hectares can only be granted if the relevant groups or commodities are used to support nationally strategic projects, the cement industry and/or development projects financed by the central government and/or local governments.
  • Furthermore, all submissions of applications for non-metal mineral mining business license areas, certain types of non-metal mineral mining business license areas and rock mining business license areas for areas of more than 100 hectares must be accompanied by the following supporting documents: 1) Statement letter stating that the relevant rocks, non-metal minerals or certain types of non-metal minerals are to be supplied for use by a nationally strategic project, the cement industry and/or a development project financed by the central government and/or regional governments; 2) Memorandum of understanding (nota kesepahaman) drawn up by the person in charge of the relevant nationally strategic project, cement industry and/or development project financed by the central government and/or local governments; and 3) Statement letter stating that the relevant applicant for mining business license areas has the funding capacity to finance mining business activities in accordance with the relevant work plan and environmental management measures.
  • Decree 110/2021 has been in force since 21 June 2021.
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  • In order to produce a set of guidelines that address applications for, evaluations of and the granting of non-metal mineral mining business license areas, certain types of non-metal mineral mining business license areas and rock mining business license areas, the Minister of Energy and Mineral Resources ("Minister") has issued Decree of the Minister No. 110.K/HK.02/MEM.B/2021 ("Decree 110/2021").
  • Under Decree 110/2021, non-metal mineral mining business license areas, certain types of non-metal mineral mining business license areas and rock mining business license areas can be granted for areas of up to: 1) 5,000 hectares for rock groups or commodities; and 2) 25,000 hectares for non-metal mineral groups or commodities and for certain types of non-metal minerals, on condition that any areas larger than 100 hectares can only be granted if the relevant groups or commodities are used to support nationally strategic projects, the cement industry and/or development projects financed by the central government and/or local governments.
  • Furthermore, all submissions of applications for non-metal mineral mining business license areas, certain types of non-metal mineral mining business license areas and rock mining business license areas for areas of more than 100 hectares must be accompanied by the following supporting documents: 1) Statement letter stating that the relevant rocks, non-metal minerals or certain types of non-metal minerals are to be supplied for use by a nationally strategic project, the cement industry and/or a development project financed by the central government and/or regional governments; 2) Memorandum of understanding (nota kesepahaman) drawn up by the person in charge of the relevant nationally strategic project, cement industry and/or development project financed by the central government and/or local governments; and 3) Statement letter stating that the relevant applicant for mining business license areas has the funding capacity to finance mining business activities in accordance with the relevant work plan and environmental management measures.
  • Decree 110/2021 has been in force since 21 June 2021.
......

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