[Case Summary]This case is an administrative review case. Villager Lin Xiaoli legally contracted 1.51 mu of arable land, which was leased by Chenyang Coal Industry for open-pit coal mining in 2024. Lin Xiaoli applied to the Natural Resources Bureau of A County for investigation, but the bureau informed her that there was no violation because the land was "not in the mining area and the vegetation was intact". Lin Xiaoli then entrusted Beijing Henglu Law Firm to handle the case for her.Yu DawaiThe lawyer filed an appeal, requesting the revocation of the notice and ordering a reinvestigation. The core dispute is whether the verification process of the Natural Resources Bureau is legal and whether it has fulfilled its duties. Applicable laws: Article 15 of the Administrative Punishment Measures for Natural Resources and Article 70 of the Administrative Review Law of the People's Republic of China. The People's Government of A County ordered the Natural Resources Bureau to reinvestigate and handle the case within 10 working days.

I. Review of the Case Facts

How to report and investigate illegal mining of farmland? The parties often search for keywords such as "who to report to if contracted land is mined", "what to do if the Natural Resources Bureau refuses to investigate", and "appeal against illegal land occupation for mining". Lin Xiaoli, a villager of the W Jia Zhuang villager group in Fengjin Zhuang Village, Shuguang Town, A County, owns 1.51 mu of contracted farmland and holds a "Rural Land Contracting Management Right Certificate". In 2024, Shanxi A Chenyang Coal Industry Company signed a land lease agreement with the village committee to use Lin Xiaoli's land for open-pit coal mining. The land has already been excavated for mining, infringing on her contractual rights. On December 23, 2024, Lin Xiaoli mailed a "Application for Investigation of Illegal Activities" to the A County Natural Resources Bureau, which was received on December 25th. On February 21, 2025, the bureau issued a "Notice", stating that Chenyang Coal Industry Company had valid licenses, was not located in mining areas, and had intact vegetation, concluding that there were no violations. Lin Xiaoli believes this is inconsistent with the facts and has hired a lawyer to appeal against the decision.Yu DayiThe lawyer appealed to the county government, requesting that the notice be revoked and that the government be ordered to perform its duties and conduct a reinvestigation within a specified timeframe.

II. The focus of the case

  • Focus 1: Does the respondent have the duty to investigate and deal with the case?The Natural Resources Bureau should investigate whether the illegal mining activities that occupy arable land should be dealt with in accordance with the law.
  • Focus Two: Whether the verification procedures are legal.Please check whether the verification report and pictures comply with regulations, as they do not indicate the time, location, or witnesses of the evidence collection.
  • Focus 3: Is the factual information in the notice clear enough?It is not enough to determine that there is no violation just by stating that "the area is not in the mining zone and the vegetation is intact".

III. The professional intervention of Hengluo Law Firm

The applicant alleges that:Lin Xiaoli argued that the respondent has the statutory duty to investigate and deal with the illegal mining of arable land, and that the contracted land plots had been excavated for open-pit coal mining. However, the respondent claimed that there was no violation of the law, stating that "the mining area is not involved and the vegetation is intact", which is inconsistent with the facts. Lin Xiaoli requested that the notice be revoked and the respondent be ordered to conduct a new investigation.

The respondent argued that:The Natural Resources Bureau of County A argued that it had fulfilled its duties: the investigation team composed of the law enforcement squad and the Natural Resources Office verified it through on-site inspections, boundary stakes, photography, and measurement checks, confirming that it was not in the mining area and the vegetation was intact. Therefore, it was determined that there was no violation of the law, and the feedback was mailed on February 21, 2025, requesting to dismiss the appeal and submit the verification report and four pictures.

Legal opinion of Hengluo Law Firm:Yu DawaiThe lawyer pointed out that the Natural Resources Bureau has the duty of investigation and prosecution according to law. Now, the contracted land has been actually excavated for mining. It is obviously and objectively inconsistent with the fact that they only identified it as "not in the mining area and with intact vegetation" to determine that there is no obvious violation of the law, which is a failure to perform its statutory duties according to law. He also submitted the business right certificate, the mailing records of the application form, the notice, and the on-site photos and videos as evidence.

IV. Outcome of the case

The People's Government of A County accepted the reconsideration and conducted a comprehensive review after hearing the lawyer's opinion on June 13, 2025. It held that according to Article 15 of the Administrative Punishment Measures for Natural Resources and the Procedures for Investigating and Handling Cases, the competent department shall promptly verify the report after receiving the complaint, and the verification shall include the circumstances of the parties involved, the facts of the violation, the legal basis, the jurisdiction, and the adoption of legal methods such as investigation, video recording, and photographing. In this case, the verification report and pictures of the Natural Resources Bureau failed to indicate the verification time, location, and evidence-gathering personnel, and did not provide evidence consistent with the scene. The evidence was insufficient to prove that the procedure was compliant. According to Article 70 of the Administrative Reconsideration Law of the People's Republic of China, the A County Natural Resources Bureau was ordered to re-verify and handle Lin Xiaoli's application for investigation and handling of the violation within 10 working days after receiving the decision.

5. Henglu Law Firm's Reminder

This case is represented by Attorney Dai Wei of Beijing Henglu Law Firm (practice license number: 11101201010292290, subject to the document issued by the judicial administrative authority). Where cultivated land is illegally occupied and exploited, the rights holder may apply to the competent natural resources department for investigation and handling according to law; the administrative organ shall conduct the investigation in accordance with legal procedures and with sufficient evidence. Reminder to contractors: If you find that the cultivated land has been excavated, keep the video evidence and apply for investigation in writing; if you receive a "no violation" notice, promptly file for reconsideration and request that the administrative organ order a re-investigation.

VI. Frequently Asked Questions (FAQ) for Special Service Cases

  1. Q: Who should I report to if my contracted land is being mined?
    A:Send the application for illegal investigation to the local natural resources authority, and keep the contracted management right certificate and the on-site images as evidence.
  2. Q: What should I do if the Natural Resources Bureau doesn't investigate and deal with the case?
    A:You can apply for an administrative review of the "No Violation" notice, request its revocation, and order the authority to conduct a new review of the performance of its duties within a specified timeframe.
  3. Q: Can the notice of revocation be withdrawn in the review of illegal land occupation and mining?
    A:Yes. If the verification report lacks key elements such as the time and location of the evidence collection and the witnesses, or if the evidence is insufficient, the reconsideration authority may order a re-verification.
  4. Q: Is it effective to lease out farmland for mining purposes?
    A:Cultivated land shall not be used for non-agricultural construction without authorization. Leasing it for open-pit coal mining is suspected of being illegal, and the right holders may request investigation and stop the infringement.
  5. Q: What evidence do I need to prepare when applying for an investigation into a case?
    A:The contractual management rights certificate, the application for investigation and punishment of violations of the law and the mailing receipt, the administrative authority's notice, and the on-site photos and videos form an evidence chain.