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中华人民共和国煤炭法(一)

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中华人民共和国煤炭法
COAL LAW OF THE PEOPLE'S REPUBLIC OF CHINA

(Adopted at the 21st Meeting of the Standing Committee of the Eighth National People's Congress on August 29, 1996, promulgated by Order No. 75 of the President of the People's Republic of China on August 29, 1996)
颁布日期:19960829  实施日期:19961201  颁布单位:全国人大常委会

  Contents

  Chapter I General Provisions

  Chapter II Planning for Coal Production and Exploitation and Construction of Coal Mine

  Chapter III Coal Production and Safety in Coal Mine

  Chapter IV Coal Management

  Chapter V Protection of Coal Mining Area

  Chapter VI Supervision and Inspection

  Chapter VII Legal Responsibility

  Chapter VIII Supplementary Provisions

  Chapter I General Provisions

  Article 1 This Law is formulated for the purposes of rationally exploiting, utilizing and protecting coal resources, standardizing coal production and management activities and promoting and guaranteeing the development of coal industry.

  Article 2 This Law shall apply to coal production and management activities within the territory of the People's Republic of China and other sea areas under the jurisdiction of the People's Republic of China.

  Article 3 Coal resources shall be owned by the state. The state ownership of coal resources, either near the earth's surface or underground, shall not change with the ownership or right to the use of the land which the coal resources are attached to.

  Article 4 The state shall practice the policy of unified planning, rational distribution and comprehensive utilization in coal exploitation.

  Article 5 The state shall protect coal resources in accordance with the law. Abusive or wasteful exploitation which is destructive to coal resources shall be forbidden.

  Article 6 The state shall protect the legitimate rights and interests of those investing to exploit coal resources in accordance with the law.

  The state shall guarantee the healthy development of state-owned coal mines.

  The state shall implement a policy of support, transformation, consolidation, combination and improvement with regard to township coal mines in order to safeguard their standardized and rational exploitation and orderly development.

  Article 7 Coal mining enterprises must adhere to the policy of “safety first and precaution foremost” for the safety in production, establish and improve the safety production responsibility system and the system of mass precaution and control.

  Article 8 The people's governments at all levels and their departments and coal mining enterprises must take measures to strengthen labor protection and safeguard the safety and health of coal miners.

  The state shall adopt special protective measures for workers operating in the pit.

  Article 9 The state shall encourage and support the adoption of advanced science and technology and management skills in coal exploitation and utilization.

  Coal mining enterprises shall strengthen and improve the operation and management, raise the labor productivity and economic results.

  Article 10 The state shall safeguard the production and work order in coal mining areas, and protect facilities of coal mining enterprises.

  Article 11 Exploitation and utilization of coal resources shall abide by laws and regulations concerning environmental protection, prevent and control environmental pollution, and protect the ecological environment.

  Article 12 The department of coal administration under the State Council shall be responsible for the supervision and control of nationwide coal industry in accordance with the law. Other relevant departments under the State Council shall exercise supervision and control over the coal industry according to their respective authorities.

  The department of coal administration and other relevant departments under the local people's governments at and above the county level shall be responsible for the supervision and control of coal industry within their respective regions.

  Article 13 Coal mining bureaus are state-owned coal mining enterprises with an independent legal person status.

  Coal mining bureaus and other coal mining enterprises and coal management enterprises with an independent legal person status shall, in accordance with the law, perform autonomous management, assume sole responsibility for profits and losses, and implement self-binding and self-development.

  Chapter II Planning for Coal Production and Exploitation and Construction of Coal Mine

  Article 14 The department of coal administration under the State Council shall, in accordance with the national planning for mineral resources exploration, work out a national planning for coal resources exploration.

  Article 15 The department of coal administration under the State Council shall, in the light of coal resources set by the national planning for mineral resources, organize drawing up and implementing a planning for coal production and exploitation.

  The department of coal administration under the people's governments of provinces, autonomous regions and municipalities directly under the central government shall, in the light of coal resources set by the national planning for mineral resources, organize drawing up and implementing a local planning for coal production and exploitation, and submit it for filing to the department of coal administration under the State Council.

  Article 16 Planning for coal production and exploitation shall be worked out in accordance with the needs of the national economy and social development, and be incorporated in the plan of national economy and social development.

  Article 17 The state shall formulate beneficial policies to support the development of coal industry and promote the construction of coal mines.

  Coal mine construction projects shall conform to the planning for coal production and exploitation and the coal industrial policy.

  Article 18 For establishing a coal mining enterprise, the following requirements shall be satisfied:

  (1) have a feasibility study report or mining plan for the coal mine construction project;

  (2) have definite scope of the mine and mining area, and a resources comprehensive utilization plan;

  (3) have geological, surveying and hydrological data and other relevant data needed for mining;

  (4) have a mine design conformable with the requirements for safety in production and environmental protection of coal mine;

  (5) have a rational production scale of coal shaft and funds, equipment and technical personnel suited to the production scale; and(6) other requirements specified by laws or regulations.

  Article 19 For establishing a coal mining enterprise, an application must be submitted to the department of coal administration for examination and approval in accordance with the requirements specified by this Law and the scope of authorities at different levels stipulated by the State Council.

  For examination and approval of a coal mining enterprise, a review and opinions on the scope of mining areas and the plan for comprehensive utilization of resources shall be required from the administrative department of geology and mineral resources.

  Coal mining enterprises approved to be established shall, by presenting the approval document, apply for a mining license from the administrative department of geology and mineral resources.

  Article 20 The use of land for the construction of coal mines shall be handled in accordance with relevant laws and regulations. In the case of requisition of land, the land and settlement compensations shall be paid in accordance with the law, and the settlement work for the removing residents shall be done properly.

  The construction of coal mines shall adhere to the principle of protection of cultivated land and rational utilization of land.

  Local people's governments shall give support and assistance when there is a need to use land and remove relevant residents for the construction of a coal mine in accordance with the law.

  Article 21 In construction of coal mines, coal exploitation shall be conducted in step with the protection and control of the environment. Installations for environmental protection at a coal mine construction project must be designed, built, inspected and brought into operation together with the principal part of the project.

  Chapter III Coal Production and Safety in Coal Mine

  Article 22 Before starting production, a coal mining enterprise shall, in accordance with the provisions of this Law, apply for a coal production license from the department of coal administration, and the latter shall conduct an examination on the enterprise's actual production and safety conditions and, where considering them conformable with the conditions prescribed by this Law, issue a coal production license.

  Those without a coal production license may not engage in coal production.

  Article 23 For applying for a coal production license, the following requirements shall be satisfied:

  (1) have a mining license obtained in accordance with the law;

  (2) the production system of the mine shaft is conformable with the safety rules for coal mines stipulated by the state;

  (3) the mine director has received proper training in accordance with the law and obtained a credential for mine directors;

  (4) the workers of special operation have received proper training in accordance with the law and obtained an operation credential;

  (5) the communication of production management up or down the pit, inside or outside the mine is unblocked;

  (6) have field surveying up- against down-pit engineering drawings, plain figure for excavation and figure for ventilation system;

  (7) have installations which have been completed and have passed the inspection for safeguarding the safety in production in coal mine and environmental protection; and

  (8) other requirements specified by laws or regulations.

  Article 24 The department of coal administration under the State Council shall take in charge of the following coal mining enterprises in respect of the issuance and control of coal production licenses:

  (1) coal mining enterprises which have been examined and approved to establish by the State Council or the establishment of which should be examined and approved by the department of coal administration under the State Council according to law; and

  (2) coal mining enterprises involving areas of more than one provinces, autonomous regions or municipalities directly under the central government.

  The department of coal administration under the people's governments of provinces, autonomous regions and municipalities directly under the central government shall be in charge of coal mining enterprises other than those mentioned in the preceding paragraph in respect of the issuance and control of coal production licenses.

  The department of coal administration under the people's governments of provinces, autonomous regions and municipalities directly under the central government may authorize the department of coal administration under the people's governments of districted cities or autonomous prefectures to be responsible for the issuance and control of coal production licenses.

  Article 25 The departments for issuance and control of coal production licenses shall be responsible for the supervision of coal production licenses.

  Coal mining enterprises having obtained a coal production license may not transfer or hire out the license to others.

  Article 26 No coal production license may be issued with regard to a mining area for which a coal production license has already been issued.

  When the term of validity of a coal production license expires or the coal resources in the relevant approved mining are a have been exhausted, the department issuing the coal production license shall cancel the license and make an announcement accordingly.

  If there have been any changes to the production and safety conditions of a coal mining enterprise, and after being verified, the changed production and safety conditions are considered no longer to conform to the stipulations of this Law, the coal production license of the enterprise shall be revoked by the issuing department with an announcement made accordingly.

  Article 27 Measures for the control of coal production licenses shall be formulated by the State Council in accordance with this Law.

  The standing committee of the people's congress of provinces, autonomous regions and municipalities directly under the central government may, in accordance with this Law and relevant provisions of the State Council, formulate measures for the control of coal production licenses for implementing within their respective regions.

  Article 28 The state shall conduct protective exploitation with regard to those special or scare kinds of coal which bear importance to the national economy.

  Article 29 The exploitation of coal resources must accord with the coal mining rules, abide by the rational mining order and reach the specified recovery rate of coal resources.

  The recovery rates shall be determined by the department of coal administration under the State Council in the light of different resources and mining conditions.

  The state encourages coal mining enterprises to do re exploitation and mine remnants of old pits or extremely poor coal.

  Article 30 Coal mining enterprises shall strengthen the supervision, examination and management of the quality of coal products. The quality of coal products shall be classified according to the national or industrial standards.

  Article 31 Coal production shall be conducted within the approved mining areas in accordance with the law. No exploitation beyond the approved boundary or layer shall be allowed.

  In mining operation, it is forbidden to mine protective coal columns without authorization or adopt dangerous methods such as breaking dikes, demolition or making tunnels through that may endanger the safety in production of the neighboring coal mines.

  Article 32 If any activities of coal exploitation cause occupation of areas of land or subsidence of, or damages to, land surface, the exploiter shall be responsible for its reclamation and restoration to the useful status; compensation shall be given if any losses have been made to others.

  Article 33 Closure of mines and scraping of pits shall be handled in accordance with relevant laws and regulations as well as relevant provisions of the department of coal administration under the State Council.

  Article 34 The state shall establish a system under which coal mining enterprises shall accumulate funds for shifting the line of production when the coal mine comes to its senile stage.

  The state encourages and supports coal mining enterprises to develop diversified economy.

  Article 35 The state encourages and supports coal mining enterprises and other enterprises to develop combined production of coal and electricity, coking, coal chemical industry and coal building materials, etc. through developing deep and fine processing of coal.

  The state encourages coal mining enterprises to develop coal dressing processing, comprehensively exploit and utilize seam gas, gangue, coal mire, bone coal and peat.

  Article 36 The state shall develop and promote coal cleaning technology.

  The state shall take measures to ban coking with local methods. It is forbidden to newly establish coke ovens of local method; the existing ones shall be transformed within a specified time limit.

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