Research On Land Use And System Of Pangang Group

With the developing of China's mining industry, the mining rights market keep improving, and the importance of mining land use system has emerging. The land use system can be said to be the core of mining rights system.The current Mineral Resources Law and Land Management Law do not fully express the mining land use. Many of the provisions only have guiding significance, but reveal many shortcomings in the actual operation. It has caused concerns from some domestic scholars and experts.As a domestic large‐scale mining enterprise, Panzhihua Iron and Steel Group Co., Ltd. (Pangang Group for short), whose mining land use condition is a representative. Taking Pangang Group's mining land use as an example, this paper expresses the issues of Pangang Group's mining land use system, by literature research, comparative analysis, systems analysis. The issues include: land acquisition is difficult, unreasonable composition of transfer payments; enterprise has few motivation of reclamation; land reclamation hardly returns. The main cause is that there is no enough laws and regulations guide on mining land use, and some systems can't be fully applicable to the mining land use under the market economy, and even hinder the development of the mining land use.In view of this, the paper attempts to propose solutions to improve laws and regulations, and complete the mining land use system, including: complete the matching laws and regulations, to adjust the un‐matching part in Mineral Resources Law and Land Management Law, to make the new standards for land reclamation, to construct a reasonable, timely manner of mining land use; to coordinate the relationship between mineral rights and property rights, to make land use rights be one part of mining rights, to ensure that the oblige can obtain the mining rights, which is the land use rights of the area; to make the reformation of transfer payments system, to cancel the unreasonable part of transfer payments, to reduce the burden of enterprises; to make the reformation of land acquisition for mining use, and the temporary land use system, leasing system, or options system are suggested in line with the actual needs of the mining proposal; to connect mineral resources planning with land use planning, the local planner is suggested to take land use demand from mining companies in consideration, while making the draft, to ease the conflict between local planning and mining land use; to make the reformation of rehabilitation system, turn"enterprise reclamation"to"enterprise do the payment, Government be responsible", to make best use of the advantages and bypass the disadvantages, and play their respective advantages.The basic position of mineral and land in the national economy determines the importance of mining land use in the economic and social health and the sustainable development. Only the establishment of the mining land use system which is in line with the current state situation, can promote the development of China's mining industry, enhance the economical and intensive land use, and build a resource‐saving and environment‐friendly society.