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中华人民共和国矿产资源法实施细则(一)

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中华人民共和国矿产资源法实施细则
RUlES FOR IMPLEMENTATION OF THE MINERAL RESOURCES LAW OF THE PEOPLE'S REPUBLIC OF CHINA

国务院第152号令
(Promulgated by the Decree No. 152 of the State Council of the People's Republic of China on March 26, 1994, and effective as of the date of promulgation)
颁布日期:19940326  实施日期:19940326  颁布单位:国务院

  Chapter I General Provisions

  Article 1 These Rules are formulated in accordance with the Mineral Resources Law of the People's Republic of China.

  Article 2 The mineral resources refers to the natural resources formed through geologic function, which are of value for utilization, and existing under solid, liquid or gaseous states.

  The varieties of the mineral resources and its classification are listed in the “Detailed List of Mineral Resources” attached thereunder. The competent department in charge of the geology and the mineral resources under the State Council shall report any discovery related to the new varieties of the mineral resources to the State Council for approval, then make publications.

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

  The State Council is granted to exercise the ownership of the mineral resources on behalf of the state. The competent department in charge of geology and mineral resources under the State Council is authorized by the State Council to exercise a centralized management over the allocation of mineral resources.

  Article 4 The exploration and exploitation of the mineral resources within the territory of the People's Republic of China and other sea areas under its jurisdiction must abide by the Mineral Resources Law of the People's Republic of China (hereinafter referred to as the Mineral Resources Law) and these Rules.

  Article 5 The state shall adopt a license system for the exploration and exploitation of the mineral resources. Anyone who wants to explore the mineral resources shall apply for registration in accordance with the law, draw the exploration license, obtain the exploration right. Anyone who wants to exploit the mineral resources shall apply for registration in accordance with the law, draw the exploitation license, obtain the mining right.

  The block divided based on the longitude and latitude is the basic unit in determining both the scope of exploration areas and the scope of exploitation areas of the mineral resources. The specific methods shall be formulated by the competent department in charge of geology and mineral resources under the State Council.

  Article 6 The terms both in the Mineral Resources Law and in these Rules are defined as follows:

  “Exploration right” means the right to explore the mineral resources within the scope provided by the exploration license which is legally obtained. The units or individuals that have obtained the exploration licenses are called exploration licensees.

  “Mining right” means the right to exploit the mineral resources and own its products within the scope provided by the exploitation license which is legally obtained. The units or individuals that have obtained the exploitation licenses are called concessioners.

  “The special kinds of the mineral ores under protective exploitation prescribed by the State” means those minerals are, in view of the need for the construction of the national economy and high-tech development, or in view of their scarcity and their value, specified by the State Council, and granted to exploit by the competent departments concerned under the State Council according to the state plans.

  “Mining areas under the state plan” means the areas where the mineral resources are located and zoned by the state for the construction of large or medium sized mines according to both the national construction plan and the national mineral resources plan.

  “Mining areas with great value to the national economy” means the mineral resources protection areas where is zoned by the state based on the need of the national economic development but have not been listed in the national construction plan, because the minerals there are rich in deposits, fine in quality and with a good prospect for development.

  Article 7 The state allows foreign companies, enterprises and other economic organizations as well as individuals to invest for exploration and exploitation of the mineral resources within the territory of the People's Republic of China and other sea areas under its jurisdiction pursuant to the relevant laws and regulations of the People's Republic of China.

  Article 8 The competent department in charge of geology and mineral resources under the State Council shall be responsible for the supervision and administration over exploration and exploitation of the mineral resources throughout the country. The other competent departments concerned under the State Council shall assist the competent department in charge of geology and mineral resources under the State Council to conduct the supervision and administration of exploration and exploitation of mineral resources according to their functions and powers granted by the State Council……

  The competent departments in charge of geology and mineral resources under the people's governments of provinces, autonomous regions and the municipalities directly under the Central Government shall be responsible for supervision and administration over the exploration and exploitation of the mineral resources within their respective administrative areas. The other competent departments concerned under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall assist the competent departments in charge of geology and mineral resources at the same level to conduct the supervision and administration of the exploration and exploitation of mineral resources.

  The municipal people's governments with administrative districts and the people's governments of autonomous prefectures and the people's governments of counties as well as their departments in charge of mineral resources shall be responsible for conducting supervision and management over the state-owned mining enterprises approved by them according to law, and shall also be responsible for conducting supervision and administration over the collective-owned mining enterprises, the private-owned mining enterprises, individual miners as well as the units and individuals who undertake the exploration within their respective administrative areas in their respective administrative areas according to law. And they shall protect the lawful rights and interests of the exploration licensees and the concessioners pursuant to law.

  The competent departments in charge of geology and mineral resources at higher levels are authorized to redress or revoke the illegal or improper administrative behaviors over the exploration and exploitation conducted by the competent departments in charge of geology and mineral resources at lower levels.

  Chapter II Registration for Mineral Exploration and Examination and Approval for Mineral Exploitation

  Article 9 Exploring any mineral resources, anyone should go through the formalities concerning the application, examination, approval and the registration in accordance with the regulations on the exploration registration of the mineral resources which are issued by the State Council.

  Where exploring the special kinds of mineral ores, anyone should go through the formalities concerning the application, examination, approval and registration which are stipulated by the State Council.

  Article 10 Where the state-owned mining enterprises exploit the mineral resources, they shall go through the formalities concerning the application, examination, approval and mining registration in accordance with the State Council's regulations governing mining registration. Where they want to exploit the mineral areas under the state plan, the mining areas with great value to the national economy, or the special kinds of mineral ores under protective exploitation prescribed by the state, they shall, with the approval documents from the relevant competent departments under the State Council go through the formalities concerning the application, examination and approval and the mining registration.

  Where they want to exploit the special kinds of mineral ores, they shall go through the formalities concerning application, examination and approval and mining registration in accordance with the relevant stipulations of the State Council.

  Article 11 The establishment of state-owned mining enterprises shall meet the following requirements in addition to conditions prescribed by laws and regulations:

  (1) having the mineral resources exploration report required for mine construction;

  (2) having the feasibility study report required for mine construction project (including the mineral resources utilization proposal and the report on the influence on the environment within the mining areas);

  (3) having the definite scope of the mine and the mining area;

  (4) having the mine design; and

  (5) having the technical support required for production.

  The State Council, the competent departments under the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, pursuant to the state regulations regarding fixed assets investment and the conditions given here in above, exercise examination over the application for establishment of the state-owned mining enterprises before the approval is to be granted.

  Article 12 The application for establishing the collective-owned mining enterprises and private mining enterprises as well as individual miners shall go through the formalities concerning the examination, approval and the mining registration prescribed by the relevant regulations which is issued by the province, autonomous region and municipality directly under the Central Government.

  Article 13 Application for establishing the collective-owned mining enterprises or private mining enterprises shall meet the following requirements in addition to the conditions prescribed by laws and regulations:

  (1) having the mineral resources exploration materials required for the mine construction and which shall also be appropriate to the mining scale;

  (2) having the definite mining scope which has been approved without dispute;

  (3) having the necessary funds, equipment and technical personnel required appropriate to the scale of the mine to be constructed;

  (4) having the feasibility study report, mine design or mining proposal appropriate to the mine to be constructed, also in line with the state industrial policies and the technical regulations; and

  (5) the mine chief shall be equipped with basic knowledge regarding to the mining production, safety control and environmental protection.

  Article 14 Where the individuals apply for mining, they shall meet the following requirements:

  (1) holding the definite mining scope which has been approved without dispute;

  (2) holding the necessary funds, equipment and technical personnel required appropriate to the scale of mine to be constructed;

  (3) holding necessary mineral resources exploration materials required and the mining proposal that has been approved; and

  (4) having the necessary conditions and proper measures required for safety production and for environmental protection.

  Chapter III Mineral Exploration

  Article 15 The unified plan for the mineral resources exploration shall be carried out by the state. The competent department in charge of geology and mineral resources under the State Council shall organize and map out the national medium and long term plans over the mineral exploration under the guidance of the competent department in charge of planning under the State Council, in accordance with the national medium and long term economic and Social development programs, and based on the exploration plans adopted by the relevant competent departments in charge under the State Council.

  The national annual mineral exploration plan and the annual mineral exploration plan of provinces, autonomous regions and municipalities directly under the Central Government shall be made respectively by the competent department in charge of geology and mineral resources under the State Council and the competent departments in charge of geology and mineral resources under the people's governments of provinces, autonomous regions and municipalities directly under the Central Governments with other competent departments concerned, in accordance with the national medium and long term exploration plans. After the approval granted by the competent departments in charge of planning under the people's governments at the same level, they shall be carried out.

  Where laws made the authority of examination and approval upon the exploration plan otherwise, the stipulations in the laws shall prevail.

  Article 16 The exploration licensees are granted the following rights:

  (l) conducting exploration operations in the areas, within the terms and on the proper objects prescribed by the exploration license;

  (2) erecting power, water supply pipes and communication lines in the exploration area and in the neighboring areas, but they shall not affect or damage the original power, water supply facilities and the communication lines from functioning;

  (3) passing through the exploration areas and the neighboring areas;

  (4) using the land temporarily according to the need of exploring project;

  (5) priority in obtaining the exploration right to explore the discovered minerals within the exploration areas;

  (6) priority in obtaining the mining right to exploit the minerals within the exploration areas;

  (7) selling the mineral products recycled during the exploration operation in accordance with the project design that has been approved, except for those minerals which shall be sold to the designated units only as prescribed by the State Council.

  When exercising their rights provided here in above, the exploration licensees shall abide by other laws and regulations which require them to obtain the approval or go through the other formalities.

  Article 17 The exploration licensees shall fulfill the following obligations:

  (l) starting the exploration operation within the time limit prescribed, and completing the exploration within the time limit prescribed by the exploration license;

  (2) reporting to the exploration registration authorities the situation relating to the start of exploration, ect.;

  (3) the exploration shall be conducted in accordance with the exploration construction designs. No arbitrary exploitation will be permitted;

  (4) conducting comprehensive exploration as well as evaluation over the paragenetic and associated minerals while ascertaining the key minerals;

  (5) compiling the mineral exploration reports, submitting it to the relevant departments for examination and approval;

  (6) submitting the mineral resources exploration achievement files in accordance with the stipulations of the State Council;

  (7) complying with the relevant laws and regulations regarding labor safety production, land recovery and environmental protection; and

  (8) taking immediate efforts upon the completion of exploration to block the wells and holes left by the exploration or adopting other measures, to eliminate dangerous elements.

  Article 18 The exploration licensees may exploit the complex mineral deposits which is permitted by the state to be exploited while being explored. But they shall submit the supporting proof documents to the original Licensing authorities, the mineral reserves examination and approval administration and the competent departments in charge of the exploration project. After the approval is granted, the exploitation registration shall be made in accordance with the regulations of the State Council regarding exploitation registration.

  Article 19 The mineral exploration report shall be examined and approved in accordance with the following procedures:

  (l) the mineral reserves examination and approval administration under the State Council shall be responsible for the examination and approval of the key and large-scale mineral exploration report used for mine construction and of the under ground water exploration report used for the construction of large scale water supply bases;

  (2) the mineral reserves examination and approval administrations of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the examination and approval of The ordinary large, medium and small scale mineral deposits exploration reports used for mine construction and of the underground water exploration report used for the construction of medium or small sized water supply bases;

  The mineral reserves examination and approval authorities or the competent departments concerned above the exploration units shall reply within six months upon the receipt of the mineral exploration reports.

  Article 20 The mineral exploration reports and other exploration data with value shall be provided for use with compensation in accordance with the provisions made by the State Council.

  Article 21 In case of the exploration licensees, after obtaining the temporary right to use the land, damage the properties of other people during the exploration, they shall make compensations according to the following stipulations:

  (l) compensation for damages caused to the arable land shall be made on the annual basis according to the average yield of the land in the past three years, and to be calculated according to the local market average price, to be paid annually. They shall also be responsible for the recovery of the arable land and return the land in due course;

  (2) compensation for damages caused to the grass land shall be made in accordance with the stipulations of the above clause and shall be paid in annual basis. They shall also be responsible for recovery of the grassland vegetation and return them in due course;

  (3) compensation for damages caused to the agricultural or economic crops on the cultivated land shall be made according to the average yield of the land damaged in the past three years, and shall be calculated according to the local market average price at the time of compensation;

  (4) compensation for damages caused to bamboo or trees shall be made according to the actual numbers of bamboo and trees damaged. And the amount of compensation shall be calculated on a number basis according to the local market average price;

  (5) compensation for damages caused to the fixtures on the land shall be made according to the actual damages degree and shall be calculated according to the local market price.

  Article 22 No compensation shall be made when the exploration licensees conducting exploration on the waste mountain slopes, hillsides, wasteland, abandoned desert, or on the sand, river, lake or sea beaches where there are no agricultural crops or other fixtures attached. However, the exploration shall neither impede the navigation, irrigation or flood control activities nor shall it cause any damages to such facilities. Meanwhile, necessary measures shall be taken upon the completion of the exploration for preventing the loss of water and erosion of soil and for ecological environmental protection.

  Article 23 Disputes among exploration licensees with regard to the scope of exploration areas shall be settled through consultation by the parties involved; in case of no settlement can be reached through consultation, the competent departments concerned in charge of geology and mineral resources under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government of the places where the exploration areas located, shall be responsible for adjudicating. For disputes involving more than one province, autonomous region and municipality directly under the Central Government relating to the scope of exploration areas, if the settlement can not be reached through consultation, the people's governments of the relevant provinces, autonomous regions and municipalities directly under the Central Government shall be responsible to make settlement through consultation. If the settlement still not be reached, the competent department in charge of geology and mineral resources under the State Council shall be responsible for adjudicating. For disputes relating the exploration areas of special kinds of mineral ores, if no settlement can be reached through consultation by the parties concerned, the relevant competent departments authorized by the State Council shall be responsible for adjudicating.

  Chapter IV Mineral Exploitation

  Article 24 The national allocation and development and utilization of the mineral resources shall be conducted in consideration of the interests of the long term and the present, and of both the Central Government and the localities, and shall be carried out by unified plan, sufficient protection, rational exploitation and comprehensive utilization.

  Article 25 The competent department in charge of geology and mineral resources under the State Council shall be responsible for organizing the relevant competent departments under the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government to map out the national mineral resources plan, under the guidance of competent department in charge of planning under the State Council, and based on the mid and long term national economic and social development programs. The plan shall be carried out after the approval from the State council has been granted.

  The national mineral resources plan shall make an overall arrangement on the allocations of the national mineral resources, and shall delineate a rational scope for the examination and approval and development to the mineral resources granted by the Central Government and by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

  Article 26 The mineral resources development plan shall be the overall plan regarding the development and construction of the mine areas.

  The mineral resources development plan shall consist of the industrial development plan and the regional development plan.

  The industrial development plans of the mineral resources shall be made and implemented in accordance with the allocation of the mineral resources given to the respective departments by the national mineral resources plan.

  The regional mineral resources development plans shall be made by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in accordance with the allocation of mineral resources given to the respective provinces, autonomous regions and municipalities directly under the Central Government by the national mineral resources plan; the regional plans shall also give an overall arrangement, and shall delineate a rational scope within which the people's governments at levels of provinces, municipalities and counties are entitled to make the examination and approval over the mineral resources development.

  The industrial development plans and regional development plans of the mineral resources shall be submitted to both the competent departments in charge of planning and geology and mineral resources under the State Council for records.

  Both the competent departments in charge of planning and geology and mineral resources under the State Council are authorized to redress the industrial or regional development plans that is not fit into the national mineral resources plan.

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