Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Free Guide to Hiring a Real Estate Lawyer
Xiamen is a coastal city in Fujian Province with a mix of urban land, coastal and marine areas, islands, wetlands, and important tourism and port facilities. Natural resources law in Xiamen sits at the intersection of national laws and provincial and municipal implementing rules. Key legal topics include land use rights, state ownership of urban land and collective ownership of rural land, coastal zone and marine resource management, mineral and geological exploration, forestry and wetland protection, water resources, and ecological conservation. Local authorities implement national legislation through approvals, permits, cadastral registration and planning controls to balance development, ecological protection and public interest.
Natural resources matters often involve complex legal, technical and administrative issues. You may need a lawyer in Xiamen if you face any of the following situations:
- Land use disputes, unclear boundaries, or conflicts between collective land holders and developers.
- Land expropriation or compulsory acquisition by the government, including disputes over compensation amounts and procedures.
- Permit, licensing or registration issues for construction, reclamation, mining, geological exploration, forestry or water use.
- Administrative enforcement actions or sanctions for alleged illegal reclamation, illegal mining, illegal logging or other breaches.
- Environmental impact assessment requirements, compliance checks and contesting or defending against enforcement from ecology and environment authorities.
- Competing claims to coastal or marine rights, disputes over shoreline use, island protection or marine functional zoning.
- Disputes arising from land-use transfers, auctions, or public bidding for state-owned land use rights.
- Criminal exposure for alleged illegal extraction or environmental damage, where legal defense is required.
- Assistance for foreign investors or nonlocal entities navigating land use rights, joint ventures and compliance in Xiamen.
The legal framework affecting natural resources in Xiamen combines national statutes, provincial rules and municipal implementing measures. Important elements include:
- National-level laws and principles. The 2020 Natural Resources Law provides a unified framework for management, protection, registration and usage of natural resources across China. Other central laws that commonly apply include the Land Administration Law, Mineral Resources Law, Environmental Protection Law, Marine Environmental Protection Law, Forestry Law, Water Law and the Civil Code provisions on property and rights.
- Territorial spatial planning and urban-rural planning. Xiamen implements territorial spatial planning and city planning controls that restrict and permit land use changes, development intensity and coastal activities. Approval from planning and natural resources authorities is required for many projects.
- Land use rights and registration. Urban land is state-owned and provided through use-rights, transfers, leases or allocation. Rural collective land is owned by collectives and requires conversion and approval before being used for urban construction. All significant land use rights should be registered with the municipal natural resources and planning bureau.
- Coastal and marine management. Activities affecting the coastline, seabed, islands or wetlands - including reclamation, ports, and aquaculture - require specialized permits and must comply with marine functional zoning, coastal protection rules and environmental impact assessment requirements.
- Mineral and geological activities. Prospecting, exploration and mining require approvals and mining permits. There are strict rules on transfer, renewal and environmental safeguards.
- Environmental assessment and enforcement. Many development activities require environmental impact assessments and ecological protection reviews. Administrative fines, remediation orders and even criminal penalties can follow for noncompliance or damage to key ecological zones.
- Administrative remedies and litigation. If you disagree with an administrative decision, there are remedies such as administrative reconsideration and litigation; timelines and procedures are strict so prompt action is important.
Under Chinese law, urban land is owned by the state and rural land is owned by rural collectives. Natural resources such as minerals, coastal seabed and certain water resources are generally owned by the state. Individuals and entities obtain use rights, leases, licenses or permits rather than full ownership of state-owned resources.
Applications and transfers usually go through the Xiamen municipal natural resources and planning authority and follow established procedures for approval, cadastral survey and registration. Transactions may require public bidding, auctions or negotiated transfers depending on the land category. You will need title documents, planning approvals and sometimes environmental approvals to complete registration.
If your land is subject to expropriation, the government must follow statutory procedures, provide notice and pay compensation. You should document the process, obtain the official documents and deadlines, and consult a lawyer promptly to evaluate the compensation offered, negotiate, request administrative reconsideration, or bring administrative litigation if appropriate.
Coastal reclamation and shoreline works need approvals that consider marine functional zoning, ecological protection, planning controls and environmental impact assessments. Unauthorized reclamation is strictly controlled and can result in administrative penalties, restoration orders and criminal liability in serious cases.
Prospecting, exploration and mining require separate permits and approvals under the Mineral Resources Law and local implementing rules. Applicants must pass technical, environmental and safety reviews. Transfers and renewals of mining rights are also strictly regulated and must be registered with the authorities.
Foreign-invested enterprises commonly obtain land use rights through established investment vehicles such as wholly foreign-owned enterprises or joint ventures. Foreign individuals cannot directly own land, and there are sector-specific restrictions. Investment approvals and compliance with planning and land use policies are necessary.
Damage to wetlands or protected ecological areas can trigger enforcement from municipal and provincial authorities, including fines, restoration orders, suspension of activities, revocation of permits and, in severe cases, criminal prosecution. Compensation and remediation obligations may also apply.
You may seek administrative reconsideration with the administrative agency that made the decision or file an administrative lawsuit with the people's court. Procedural deadlines are short and evidence requirements are strict, so engage a lawyer early to preserve rights and prepare the case.
Gather land certificates or use-right documents, cadastral maps, contracts, planning approvals, permits, inspection records, official notices, correspondence with authorities and any photographic or survey evidence. Early preservation of physical and electronic evidence strengthens your position.
Yes. Serious illegal activities such as large-scale illegal mining, serious pollution, illegal land reclamation in protected areas or major destruction of forests or wetlands can lead to criminal investigation and prosecution. Administrative penalties and civil liability for damages can also apply.
When seeking help or information, consider these types of local bodies and services:
- Xiamen municipal natural resources and planning bureau - handles land use approvals, cadastral registration, spatial planning and resource management.
- Fujian provincial department of natural resources - provincial-level guidance and coordination.
- Xiamen municipal bureau of ecology and environment - environmental assessments, inspections and enforcement.
- Local courts and administrative reconsideration offices - for disputes and appeals.
- Local legal aid centers and bar associations - can help you find qualified lawyers or access subsidized legal assistance if you qualify.
- Professional surveyors, environmental consultants and planning firms - technical experts who often work with lawyers on complex resource matters.
If you need legal assistance in Xiamen relating to natural resources, follow these practical steps:
- Act promptly - administrative remedies and litigation have strict time limits. The sooner you consult a lawyer, the more options you will retain.
- Find a specialist lawyer - look for lawyers or law firms with experience in natural resources, administrative law, environmental law and land expropriation cases in Fujian or Xiamen. Ask about relevant case experience, success rates and fee structures.
- Prepare your documents - collect all relevant land certificates, permits, contracts, notices, maps and evidence before your first meeting.
- Seek technical support - for disputes involving boundaries, environmental harm or mining operations, hire qualified surveyors or environmental experts to produce reports that support your legal case.
- Consider alternative dispute resolution - negotiation, mediation or administrative reconsideration may resolve disputes faster and with lower cost than full litigation.
- Plan for compliance and risk mitigation - if you are a developer or investor, conduct due diligence, secure all necessary permits, follow planning and environmental requirements and maintain good records to reduce the risk of disputes and enforcement actions.
Consulting an experienced local lawyer will help you understand the specific rules that apply to your situation in Xiamen and guide you through approvals, defense or claims to protect your rights and interests.
