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Located in the south of Hubei, known as "the South Gate of Hubei", Xianning has great renown for “Chibi old haunt of the Three Kingdoms, inland nuclear power city”, which has great advantages of its "mountain", "water" "geography","location","culture","scenery","energy"and the trend of development. Xianning is a suitable place to do ...[more]
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Regulations on the Administration of Mineral Resources Exploitation in Hubei Province
http://English.xianning.gov.cn 06-07-27
 

  (Adopted at the 31st Session of the Standing Committee of the Eighth People's Congress of Hubei Province on December 3, 1997)

  Article 1 In accordance with The Mineral Resources Law of the People's Republic of China and relevant laws and regulations, combined with the practice in Hubei Province, The regulations are enacted to strengthen the administration of mineral resources exploitation, protect the mineral resources of the state, guarantee the lawful rights and interests of mining licensees and promot the development of mining industry.

  Article 2 Any unit or individual who is engaged in mining activities in Hubei Province must comply with the regulations.

  Article 3 The departments in charge of geology and mineral resources of Hubei Provincial Government shall be responsible for the supervision over the mineral resources exploitation throughout the province; the departments in charge of geology and mineral resources under the governments of cities, autonomous regions, counties and administrative offices (hereinafter referred to as administrative departments of geology and mineral resources at the county level or above) shall be in charge of supervision over the mineral resources exploitation within their respective administrative areas.

  Other relevant departments under the governments of the province, cities, autonomous regions, counties and administrative offices shall assist the departments in charge of geology and mineral resources at the corresponding levels in supervising and administering the mineral resources exploitation.

  Article 4 The governments at all levels shall take measures to strengthen the protection of mineral resources, maintain and consolidate the mining industry order of their respective administrative areas, protect the orders of production and other works in the mining lot from interference and disruption.

  According to the national planning of the mineral resources exploitation, departments in charge of geology and mineral resources of Hubei Province shall organize competent departments to compile the planning of the mineral resources areas throughout the province, and submit the planning to Hubei Provincial Government for approval.

  Article 5 Mineral resources are owned by the state. Anyone who wants to exploit mineral resources shall make an application and shall register to become a mining licensee after obtaining the right of mining upon approval. The mining right shall be obtained by compensated acquisition system. The mining right obtained by compensated acquisition system can be transferred according to law.

  Article 6 Applicants for mining right shall present the approved mineral exploration report or relevant geological materials to the departments in charge of geology and mineral resources to apply for delimitating mining area before the establishment of the project. Enterprises which have already had mines shall follow the provision of the preceding paragraph if they want to set up new projects.

  Article 7 Applicants for mining right shall go through the formalities of establishing the mine construction project and the mining enterprise during the reservation period of the mining area, and compile feasibility report or scheme of exploiting and utilizing mineral resources. The reservation period of the mining area is stipulated as follows, large-scaled mine can be retained for 3 years, medium-scaled mine for 2 years, small-scaled mine for 1 year. If the prescribed work cannot be completed within the reservation period, applicants shall, 3 months prior to the expiry date, apply to the departments in charge of geology and mineral resources for extending the reservation period. The duration of the extension shall not exceed 1 years. If applicants with mining right fail to go through the formalities of application for extension within the specified time, the mining permit shall be automatically annulled.

  Article 8 Applicants for mining right shall present the following materials to the departments in charge of geology and mineral resources for registration.

  (1) a letter of application for registration; a map indicating the scope of mining area delimitated by the departments in charge of geology and mineral resources;

  (2) categories of minerals to be applied for exploitation; certificate documents of capital, technology and equipment appropriate to the mining scale;

  (3) the mineral exploration report approved by the examination & approval organ of mineral reserves;

  (4) relevant approved documents such as feasibility report of mine design or mine construction project, and the project establishment;

  (5) other materials prescribed by the departments in charge of geology and mineral resources of Hubei Province.

  Applicants for mining right who want to exploit scattered mineral resources or materials such as sand, stones and clay only used for common building, shall only present the materials prescribed in the preceding items (1), (2), (5), and corresponding geological data, mining scheme and measures of environmental protection.

  Article 9 The departments in charge of geology and mineral resources shall, within 40 days from the date of receiving the application, make the decision and inform the applicant. The applicant whose mining rights is approved for registration shall, within 40 days from the date of receiving the notice, go through the formalities of registration in the departments in charge of geology and mineral resources, and pay the mining rights fees in accordance with the state regulations. The charging standard, usage and management of the fees shall be implemented according to the regulations of the State Council.

  Mining licensees who want to transfer the mining right shall go through the formalities of transference and examination according to the regulations of the State Council.

  Article 10 Exploitation of the following mineral resources shall be subjected to the examination & approval by the departments in charge of geology and mineral resources of Hubei Province and obtain the mining permit:

  (1) mining areas embraced in the province plans or mining areas teeming with mineral resources which are of great value to the economy of the province;

  (2) geothermal resources, mineral water, gems and jades;

  (3) mineral resources of medium-scaled recoverable reserves outside the areas prescribed in the preceding items (1), (2);

  (4) mineral resources exploited by foreign investment;

  (5) mineral resources entrusted by the departments in charge of geology and mineral resources under the State Council for examination & approval, and obtain the issued mining permit.

  Article 11 The exploitation of the small-scaled mineral resources beyond the items prescribed in Article 10, shall be subjected to the examination & approval by the departments in charge of geology and mineral resources of cities (districts, autonomous regions), and obtain the mining permit.

  Exploiting scattered mineral resources or materials such as sand, stones and clay used only for common building, shall be subjected to the examination & approval by the departments in charge of geology and mineral resources of counties (cities, forestry regions), and obtain the mining permit.

  Individuals who exploit sand, stones or clay for personal use do not need to apply for the mining permit.

  The departments in charge of geology and mineral resources at the county level or above shall report the mining permit material to departments in charge of geology and mineral resources at the higher level after examination & approval and issuing the mining permit.

  Article 12 The maximum validity duration of a mining permit is decided by the mine construction scale. The maximum validity duration of a large-scaled mine shall not exceed 30 years, medium-scaled 20 years and small-scaled 10 years.

  Article 13 After the mining permit registration, the departments in charge of geology and mineral resources of the mining area shall announce the written notice and the mining area map reported by the competent departments which issue the mining permit, and organize to embed boundary post or set surface marks according to the application of the mining licensees.

  Article 14 Mining licensees shall be engaged in mining activities in accordance with the mining area and duration prescribed by mining permit, and comply with the national laws and regulations related to labor safety, prevention and control of the mine geological disaster, soil erosion, land reclamation, land occupation, and protection of relics and environment, in order to make effective protection, rational exploitation and comprehensive utilization of mineral resources.

  Non-licensed mining and unauthorized mining are prohibited.

  Article 15 After obtaining the mining permit, construction and production shall be carried out within a year in medium-scaled mineral reserve mine, and within six months in small-scaled mineral reserve or scattered mineral reserve mine. If mining licensees fail to carry out construction and production within the specified time, the mining permit shall be automatically annulled. Mining licensees can apply for extension on expiry in case of special situation, but shall apply within 30 days before the expiry.

  Article 16 Mining licensees shall, in accordance with relevant regulations,  receive annual survey in the department in charge of geology and mineral resources. The specific measures of annual survey are made by the department in charge of geology and mineral resources of Hubei Province.

  Article 17 During the validity duration of mining permit, mining licensees shall apply to the department in charge of geology and mineral resources for registration of mining permit change in the following situations:

  (1) change the scope of the mining area;

  (2) change the major category of minerals;

  (3) change the underground mining method or open pit mining method;

  (4) change the quality or name of the mining enterprises;

  (5) transfer the mining right.

  Mine reconstruction or extension which follows the basic construction procedures, if changes occur as in the preceding items (1), (2), (3), shall register as new construction project.

  Article 18 Mining licensees who want to continue mining when the mining permit expires, shall apply for registration for extending the mining permit within 90 days before the expiry.

  If mining licensees fail to go through the extension registration within the specified time, the mining permit shall be automatically annulled. Continuing mining shall be regarded as undocumented mining.

  Article 19 Mining licensees who shut down mining for any reason over six months, shall apply to the original permit issuing organs for shutdown. The shutdown procedures shall only be gone through after the examination & approval. The mining permit shall be retained and the mineral resources shall be protected during the shutdown. When the mine is shut down for a year and the mining licensees fail to apply for opening, the mine shall be treated as suspension.

  Article 20 Mining licensees who suspend or shut down the mine, according to relevant regulations by the State Counsel, shall go through the cancellation procedures in the original permit issuing organ within 30 days after examination & approval.

  Article 21 When exploiting the mineral resources, mining licensees must take reasonable mining order, mining method and mineral processing techniques. While exploiting major minerals, paragenetic and associated minerals of industrial value shall be comprehensively recycled, and minerals that can't be recycled shall be protected by taking effective measures.

  Destructive mining methods are prohibited.

  Article 22 Mining licensees shall strengthen the management of ore impoverishment and dilution in mining operation, and establish the management and accounting system of the mine reserve.

  The recovery rate, impoverishment rate in mining and recovery rate in ore-dressing shall meet the demand of the mine design or the guideline ratified by the departments in charge of geology and mineral resources of Hubei Province.

  The departments in charge of geology and mineral resources and relevant departments shall strengthen the supervision over independent ore-dressing plant or ore-washing plant.

  Article 23 The departments in charge of geology and mineral resources shall, together with relevant departments, shall strengthen the supervision over the marketing link of the important minerals, ban illegal purchase, maintain the normal order of the marketing link of the important minerals. Specific measures shall be made by Hubei Provincal Government.

  Article 24 Mining licensees who violate the regulations and conduct any of the following acts, shall be ordered to stop mining, compensate for the loss(es) and hand in extracted minerals and illegal gains by the departments in charge of geology and mineral resources at county level or above. Mining licensees can be fined between 20% and 50% of the illegal gains for conducting the items (1), (2), (3), and between 10% and 30% of the illegal gains for conducting the items (4). Mining licensees who commit a crime shall  be investigated for criminal liability according to law.

  (1) carrying out mining activities without obtaining a mining permit;

  (2) entering the mining area of national planning, of great value to national economy or of other mining licensees' for mining without permission;

  (3) unauthorized exploitation of protective mineral categories prescribed by the state.

  (4) exploiting beyond the approved scope of mining area.

  Article 25 Mining licensees who violate the regulations and take destructive mining methods to exploit mineral resources, shall be fined between 20% and 50% of the mineral resources loss and shall be revoked the mining permit by the original permit issuing organs. Mining licensees who commit a crime shall be investigated for criminal liability according to law.

  Article 26 Mining licensees who violate the regulations and fail to make the recovery rate, impoverishment rate in mining and recovery rate in ore-dressing meet the demand of the mine design or the guideline ratified by the departments in charge of geology and mineral resources of Hubei Province, shall be ordered to put right their act by the departments in charge of geology and mineral resources at county level or above. Mining licensees who fail to put right their act shall be fined more than 20% and less than 50% of the mineral resources loss, and shall be revoked the mining permit by the original permit issuing organs in cases of gross viloation.

  Article 27 Mining licensees who destroy or move the boundary posts or the surface marks without permission, shall be ordered to restore in time. Mining licensees who fail to restore shall be fined between RMB1,000 yuan and 3,000 yuan by the departments in charge of geology and mineral resources.

  Article 28 Mining licensees who violate this regulations and conduct any of the following acts, shall be ordered to stop the illegal act, hand in the illegal gains by the departments in charge of geology and mineral resources at county level or above. Mining licensees who fail to restore can be fined between RMB1,000 yuan and 3,000 yuan or be revoked the mining permit.

  (1) unlawfully printing, forging or using the mining permit;

  (2) purchasing or selling minerals from individuals or units without mining permit;

  (3) failing to go through the procedures of changing or cancel the mining permit;

  (4) rejecting the annual survey and supervision & inspection, or practice fraud.

  Article 29 Mining licensees who violate the regulations shall be punished by relevant departments according to law.

  Personnels from departments in charge of geology and mineral resources and relevant law-enforcing departments who abuse their power, bend the law for personal gain and engage in fraud, or neglect their duty, shall be imposed administrative penalty by their units or competent authorities at higher level. Personnels who commit a crime shall be investigated for criminal liability.

  Article 30 Parties who do not accept the administrative penalty can apply for reconsideration or appeal to the people's court. Parties who do not apply for reconsideration within the specified time shall not appeal. When the Parties do not follow the punishment, organs which make the punishment decision shall apply to the people's court for enforcement.

  Article 31 The departments in charge of geology and mineral resources shall organize parties to solve the mining permits ownership dispute through consultation. If the consultation doesn't work, the dispute shall be judged by the higher level of the original permit issuing organ.

  Article 32 The departments in charge of geology and mineral resources of Hubei Province are responsible for the interpretation of the problems in real application of this regulations.

  Article 32 The regulations come into force upon promulgation. The Measures for Administration of Collective Mining Enterprises of Township and Individual Prospector in Hubei Province published on Dec.11th, 1986, shall be abolished at the same time.


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