"China’s draft mining law mandates ecological restoration for first time, but gaps remain" 29 April 2024

China’s mineral resources law serves as the legal cornerstone of the sustainable development of its mining sectors...After 15 years, the draft of the third revision has added a chapter on “Ecological Restoration of Mining Areas”. This new chapter marks a significant step towards addressing environmental concerns over mining. For the first time in Chinese law, it mandates that mining companies prepare ecological restoration plans before mining begins...

Although the law does not directly govern the activities of Chinese mining companies abroad, where local regulations are often also insufficient, the central government encourages Chinese companies to apply international or Chinese laws and standards. This stance was codified in 2022’s “Guidelines for ecological and environmental protection of foreign investment cooperation construction projects”...

Despite this, the law represents a missed opportunity to require companies throughout the entire supply chain to carry out due diligence. The requirements for community engagement and public consultation are insufficient, which entails a risk that local communities affected by mining remain bystanders rather than active stakeholders...the revision does not provide any standards for such ecological restoration...This lack of clear standards could potentially result in ineffective implementation...Moreover, the draft does not guarantee that community input will be given sufficient weight in the decision-making process. Thus, local perspectives and priorities are at risk of being marginalised...