基础法律英语辅导热招
您的位置:外语教育网 > 法律英语 > 英文法规 > 正文

中华人民共和国矿产资源法实施细则(二)

2006-05-16 19:23   我要纠错 | 打印 | 收藏 | | |

  Article 27 The establishment, changes or revocation regarding the mines under the state plan or the mines with great value to the national economy shall be brought up by the relevant competent departments under the State Council attached with the reports of detailed reports and other supporting proof materials. Both the competent departments in charge of planning and geology and mineral resources under the State Council shall be responsible for conducting examination and approval, and jointly issue the notice in written form to the people's governments at the county level. The people's governments at county level shall make a public announcement within one month upon receipt of the notice and shall submit it to both the competent departments in charge of planning and geology and mineral resources under the State Council for records.

  Article 28 The confirmation or revocation of the special minerals under protective exploitation prescribed by the state shall be brought up by the relevant competent departments under the State Council, attached with supporting proof documents, submitted to the State Council for approval after the permission is granted by both the competent departments in charge of planning and geology and mineral resources upon the examination.

  Article 29 Before the exploitation of the mineral resources, the units or individuals shall entrust the units that hold the relevant mine design certificates to conduct the feasibility study and designing. No feasibility study and design are required for mining the scattered minerals or for mining sand, rocks and clay that can only be used as building materials, but the mining proposals and the environmental protection measures are required.

  The mine design shall be made in accordance with the mine design assignment instruction and shall adopt rational mining sequence, mining method and ore-dressing technology.

  The mine design shall be examined and approved in accordance with the relevant provisions of the state; No construction shall be permitted without the approval.

  Article 30 Any concessioners are granted the following rights:

  (l) conducting the mining activities within the term and the exploitation area prescribed by the mining license;

  (2) selling the mineral products by themselves, except for those minerals which the State Council has prescribed for a unified purchase by the designated units only; (3) constructing within the mine area the production and living facilities;

  (4) obtaining in accordance with law the right to use the land required for the production; and

  (5) other rights granted by laws and regulations.

  Article 31 The concessioners shall fulfill the following obligations:

  (l) conducting mine construction or mining within the term approved;

  (2) conducting efficient protection, rational mining and comprehensive utilization of the mineral resources;

  (3) paying the resources tax and the mineral resources compensation pursuant to law;

  (4) complying with the state laws and regulations regarding the labor safety, water and soil conservancy, land recovery and environmental protection; and

  (5) accepting the supervision and management from both the competent departments in charge of geology and mineral resources and the other relevant competent departments, and filling out and presenting the mineral reserve forms and mineral resources development and utilization statistics reports according to the relevant stipulations.

  Article 32 Where the concessioners close down the mines either at the expiration of the exploitation license or within the term of validity, while mineral resources is still remain there, they shall take measures to maintain the mines in the state under which mining can be resumed. Also they shall complete in advance the following work:

  (1) compiling the mine exploitation progress report and the actual survey charts;

  (2) making a statement on the reserves that has been exhausted pursuant to the relevant stipulations;

  (3) completing the respective actual work in accordance with the original design regarding labor safety for production, water and soil conservancy, land recovery and environmental protection, or paying in full the cost for the land recovery or the environmental protection.

  The concessioners' application on closing down of the mines shall be approved by the competent departments in charge which originally approved the setting up of the mine and shall also be given permission by the original mining licensing authorities before revocation of the relevant license.

  Article 33 The mining enterprises shall go through the following procedures regarding the examination and approval in case of a need to close down a mine:

  (l) submitting the application on closing down of mine to the competent departments which originally approved for setting up the mine, and submitting the geological report on closing down of pits, one year prior to the completion of exploitation;

  (2) the geological report on closing down of pits shall be examined and permitted by the competent departments which originally approved the setting up of the mine, and shall be submitted to the competent departments in charge of geology and mineral resources and mineral reserves administration for approval; and

  (3) after the geological report on closing down of pits being approved, the concessioners shall compile report on closing down of mines which shall be approved jointly by the competent departments which originally approved the setting up of mines and the competent departments in charge of geology and mineral resources at the same level and the relevant competent departments in accordance with the relevant industrial stipulations.

  Article 34 After the report on closing down of pits being approved, the mining enterprises shall complete the following works:

  (1) classifying and filing up the geological, surveying and mining documents, and presenting the report on closing down of pits, the report on closing down of mines and other relevant materials;

  (2) finalizing the works regarding labor safety, water and soil conservancy, land recovery and environmental protection or paying in full the cost for the land recovery and environmental protection in accordance with the report on closing down of mines approved.

  The mining enterprises, with the approval documents on the closing down of mines and the proof documents supplied by the relevant departments for proving the completion of above work, apply to the original licensing authorities for the revocation of the mining license.

  Article 35 Before the construction of railways, roads, factories, reservoirs, oil pipelines, electricity transmission lines and various large buildings, any construction units shall seek data about the distribution of the mineral resources in the place where the proposed building project located from 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 that is located in the particular area, and shall attach proof documents issued by the department in charge of geology and mineral resources while presenting the construction designing assignment instruction for examination and approval. In case the above mentioned construction project contradicts to the exploitation of key mineral deposits, the competent departments under the State Council or the people's governments of the relevant provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for proposing a settlement upon which the competent department in charge of geology and mineral resources shall make comment. The proposed settlement shall be submitted to the competent department in charge of planning under the State Council for approval.

  Article 36 Disputes among the concessioners over the scope of mine areas shall be settled through consultation among the parties involved; if the consultation fails, the disputes shall be handled by the relevant people's governments at or above the county level of the place where the mineral resources is located in accordance with the scope of the mine areas designated according to law; Disputes over the scope of mine areas involving more than one province, autonomous region or municipality directly under the Central government shall, if the parties involved fail to reach the settlement through consultation, be settled through consultation among the people's governments of the relevant province, autonomous region and municipality directly under the Central Government; if the consultation fails, the department in charge of geology and mineral resources under the State Council shall put forward a suggestion for settlement, and then submit it to the State Council for decision.

  Chapter V Collectively-Owned Mining Enterprises, Privately-Run Mining Enterprises and Individual Miner

  Article 37 The state shall protect the lawful rights and interests of the collectively-owned mining enterprises, privately-run mining enterprises and individual miner pursuant to law, exercise supervision and management over the collectively-owned mining enterprises, privately-run mining enterprises and individual miner.

  Article 38 Collectively-owned mining enterprises are permitted to exploit the following mineral resources:

  (1) mineral deposits and mineral spots unfit for large or medium sized mines to be constructed by the state;

  (2) the designated scattered minerals within the mine areas of the state-owned mining enterprises by obtaining the consent from the state-owned mining enterprises and the approval from the competent department in charge at higher level;

  (3) the remaining ore bodies in the already closed mines by obtaining the approval from the original department in charge of the mining enterprise that the resumption of mining is safe and will not result in serious environmental consequences;

  (4) other mineral resources allowed to be exploited by the collectively-owned mining enterprises pursuant to the state plan.

  Before engaging in the exploitation of the mineral resources listed here in above in clause 2 of this Article, the collectively-owned mining enterprises shall sign the agreement with the state-owned mining enterprises regarding the rational development and utilization of mineral resources and mine safety. No waste or damages of mineral resources will be allowed. No influence upon the safety production of the state-owned mining enterprises will be allowed.

  Article 39 The scope of mineral resources to be exploited by the privately-run mining enterprises shall be decided in reference to the provisions in Article 38.

  Article 40 The individual miners are permitted to tap the following mineral resources:

  (1) scattered mineral spots or small ore body;

  (2) sands, rocks or clay that can only be used as building materials.

  Article 41 In case that the state sets up the mining areas under the state plan and the mining areas which are of great value to the national economy, the state shall give rational compensation pursuant to the relevant provisions to the original exploitation licensees who are supposed to retreat.

  Chapter VI Legal Liability

  Article 42 The fine penalties imposed in accordance with the provisions in Article 39, 40, 42, 43 and 44 of the Mineral Resources Law shall be implemented according to the following stipulations:

  (l) anyone who mines without a mining license, enters without authorization and mines in mining areas that the state has planned to develop, in mining areas which are of great value to the national economy, or in other's mining areas, or exploits special kinds of minerals that the state has prescribed for protective exploitation, shall be imposed a fine of or below 50% of the value of the illegal proceeds;

  (2) anyone who mines beyond the approved limits of his mining areas shall be imposed a fine of or below 30% of value of the illegal proceeds;

  (3) anyone who sells, leases or transfers mineral resources by other means, the party that sells, leases or transfers shall be imposed a fine of or below 100% of the value of the illegal proceeds;

  (4) anyone who puts his mining right in pledge shall be imposed a fine of or below 5000 RMB Yuan;

  (5) anyone who, in violation of the provisions, purchases or sells mineral products which are to be purchased exclusively by state, shall be imposed a fine of or below 100% of the value of the illegal proceeds;

  (6) anyone who exploits mineral resources in a destructive way and causes heavy damage to mineral resources shall be imposed a fine of or below 50% the value of the mineral resources damaged.

  Article 43 Anyone who, in violation of these Detailed Rules, conduits one of the following behaviors, the personnel in charge and the directly responsible personnel shall be imposed the administrative sanctions, if the case is serious as to constitute a crime, he shall be held for criminal responsibility according to law:

  (1) approving the unqualified units or individuals to start the establishment of mines;

  (2) issuing mining licenses to the mining enterprises or individual miners who are not approved according to law.

  Chapter VII Supplementary Provisions

  Article 44 The underground water is of both water resources and mineral resources nature. The Mineral Resources Law and these Detailed Rules shall apply to the exploration of underground water; The Water Law and the relevant administrative regulations shall apply to the development, utilization, protection and management of water resources.

  Article 45 The Ministry of Geology and Mineral Resources shall be responsible for the interpretation of these Detailed Rules.

  Article 46 These Detailed Rules shall be implemented as from the date of promulgation.

  Appendix: Detailed List of Mineral Resources

  (1) Mineral Energy Resources: Coal, coal-related gas, stone coal, oil shale, petroleum, natural gas, oil sand, natural bitumen, uranium, thorium, geothermal resources.

  (2) Metallic Minerals: Iron, manganese, chromium, vanadium, titanium, copper, lead, zinc, bauxite, nickel, cobalt, tungsten, tin, bismuth, molybdenum, mercury, antimony, magnesium, platinum, palladium, ruthenium, osmium, iridium, rhodium, gold, silver, niobium, tantalum, beryllium, lithium, zirconium, strontium, rubidium, cesium, lanthanum, cerium, praseodymium, neodymium, samarium, europium, yttrium, gadolinium, terbium, dysprosium, holmium, erbium, thulium, ytterbium, lutetium, scandium, germanium, gallium, indium, thallium, hafnium, rhenium, cadmium, selenium, tellurium.

  (3) Non-Metallic Minerals: Diamond, graphite, phosphorous, natural sulphur, pyrite, sylvite, boron, crystal (piezoelectric crystal, smelting crystal, optical crystal, craft crystal), corundum, kyanite, sillimanite, andalusite, tabularspar, nitratite, talc, asbestos, crocidolite, mica, feldspar, garnet, pyrophyllite, diopside, tremolite, vermiculite, zeolite, alumstone, mirabilite (including glauberite), gypsum (including anhydrite), barite, witherite, natural soda, calcite, Icelandspar, magnesite, fluorite (including common fluorite and optical fluorite), gemstone, topaz, jade, tourmaline, agate, mineral pigments (ochre, pigment loess), limestone (for use in calcium carbide, manufactured soda, fertilizers, flux, glass, cement, construction stone, mortar, and facings), marl, white chalk, potassium, dolomite (for use in metallurgy, fertilizers, glass, and construction), quartz (for use in metallurgy, glass, and fertilizer), sandstone (for use in metallurgy, glass, or as cement ingredient, or for use in brick, fertilizers, casting molds, and ceramics), natural quartz sand (for use in glass, casting molds, construction, or as cement ingredient or standard sand in cement, or for use in bricks), veinquartz (for use in metallurgy and glass), powdered quartz, natural oilstone, potassiumbearing shale, diatomite, shale (including ceramsite shale, shale used for bricks and shale used as cement ingredient), kaolin, ceramic clay, refractoryclay, clay for convexo-concave rod, sepiolite clay, illite clay, rectorine clay, bentonite, iron alum, miscellaneous clays (including clay for use in casting molds, brick and ceramsite, clay used as cement ingredient, red clay used as cementing redient, yellow clay used as cement ingredient, mudstone used in cement ingredient, and insulating clays), peridotite(for use in fertilizers and construction), serpentine (for use in fertilizers, flux, and facings), basalt (for use in stonecasting and asbestos), diabase (for use in cement, stone casting, facings, and construction), andesite (including andesite for use in facings, andesite for use in construction, and andesite porphyrite for use in cement mixers), diorite (for use in cement mixers and construction), granite (for use in construction and facings), medical stone, perlite, obsidian, pitch stone, pumice stone, trachyte (for use in cement and stone casting), nepheline syenite, tuff (for use in glass, cement, and construction), volcanic ash, volcanic slag, marble (for use as facing, construction, cement, and glass), slate(for use as facing and cement ingredient), gneiss, keraphyllite, peat, halite (including lake salt, rock salt, and naturalbrine), magnesium salts, iodine, bromine, and arsenic.

  (4) Aqueous and Gaseous Resources: Subterranean water, mineral water, carbon dioxide, hydrogen sulfide, helium, and radon.

[1][2]
相关资讯:
网站导航:
 四六级 指南 动态 经验 试题 资料  托福 指南 动态 经验 留学 备考
 雅思 指南 动态 机经 经验 辅导  公共英语 指南 动态 备考 试题 辅导
 日语 就业 辅导 留学 考试 报考  法语 资料 文化 考试 留学 辅导
 韩语 入门 口语 阅读 留学 文化  西语 辅导 资料 考试 留学 风采
基础法律英语
350元/门
系统讲解知识,全面提升水平
课时数:18课时左右
学员 tueiwi:
自我感觉LEC考得不错,感谢外语教育网的法律英语课程老师。
学员 tyjf:
外语教育网的法律英语信息不错,希望有朝一日可以成为法律达人,顶起!
学员 Alice12345:
我报的是法律英语的辅导班。因为英语底子不太好,一直没有太大的进步。后来,我在外语教育网报名参加了网上培训。感觉老师很负责。课程内容也详细。在老师的帮助下,感觉我的法律英语的水平得到了长足的提高。很感谢法律英语的老师的教导。谢谢老师!
学员 lionm:
一直在学法律英语,但总是找不到门路。不但单词多,而且本来认识的单词意思又变了,头痛死了。听了李文沛老师的法律英语课程后,我觉得好多了。希望能网校的法律英语课程能继续开个中级班。
学员 xyz521:
我一直在找法律英语的课程都没找到,偶然的机会来到外语教育网,发现这里的法律英语的课程真的很不错、信息也很齐全,绝对支持哦!
学员 futami:
以前自己看书,感觉非常吃力,很多地方看不懂。抱着试试看的心理,我报名参加了外语教育网的基础法律英语辅导。沙老师和李老师讲得非常好,重点、难点,经过老师的系统讲解,我都基本掌握了。就连冥思苦想都不能解决的难题,也通过答疑板请教老师而得到了满意的答复。在此衷心感谢网校的老师。
学员 hnigni:
我是法律专业的本科生,因为工作的需要,必须得会法律英语,可之前在学校的时候没好好学过啊。正头疼,同事推荐了外语教育网,于是我就报了名,开始学习。在学习过程中,发现沙老师的课真的很不错,她不但英语口语发音标准,而且她授课的内容通俗易懂,很方便我们接受和学习。另外,外语教育网的教学模式很适合我这种已经参加了工作的人,可以让我兼顾工作和学习,也很不错。特此,到网上来赞一下沙老师!沙老师,谢谢您!也谢谢网校的良好服务!在外语教育网学习,真值!
版权声明
   1、凡本网注明 “来源:外语教育网”的所有作品,版权均属外语教育网所有,未经本网授权不得转载、链接、转贴或以其他方式使用;已经本网授权的,应在授权范围内使用,且必须注明“来源:外语教育网”。违反上述声明者,本网将追究其法律责任。
  2、本网部分资料为网上搜集转载,均尽力标明作者和出处。对于本网刊载作品涉及版权等问题的,请作者与本网站联系,本网站核实确认后会尽快予以处理。
  本网转载之作品,并不意味着认同该作品的观点或真实性。如其他媒体、网站或个人转载使用,请与著作权人联系,并自负法律责任。
  3、本网站欢迎积极投稿
  4、联系方式:
编辑信箱:for68@chinaacc.com
电话:010-82319999-2371