Coal Mining Area Planning And Management Interim Provisions

Original Language Title: 煤炭矿区总体规划管理暂行规定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201209/20120900371813.shtml

Coal mining area planning and management interim provisions

    (June 13, 2012 the 14th the national development and Reform Commission announced on July 13, 2012, the purposes) Chapter I General provisions

    First to standardize the order of the coal resource exploration and development, protection and rational exploitation of coal resources, these provisions are formulated.

    Provisions of this article apply to mining areas general planning at the national development and Reform Commission for approval. Article III to prepare mine coal resources development master plan.

    Approval of mine general planning, coal mine construction project is the development of the coal industry planning, preparation and handling approval basis.

    Fourth national development and Reform Commission and provincial development and Reform Commission is responsible for the supervision and administration of mining areas general planning, management, work safety in the coal industry, land resources, environmental protection, water conservancy, supervision and other departments within the scope of their respective duties to participate in the management.

    Chapter II plan

    Article fifth coal mine area master plan commissioned by the provincial development and Reform Commission have grade a engineering consultation qualification units of coal.

    Sixth compilation of coal mining areas general planning should adhere to reasonable layout, the principle of orderly development, production scale and comprehensive utilization, consistent with national laws, regulations, standards, codes and other regulations.

    Article seventh multiple adjacent coal fields, large coal fields on the basis of scientific evidence, reasonable division of mine.

    Eighth compilation of coal mining areas general planning should survey and detailed geological report on the basis of the necessary, scrutinise and above the area around coal mining area covers an area of 60%.

    Mining area also hosts a number of geological exploration report, the provincial development and Reform Commission shall entrust a qualified report compilation of geological data in geological exploration units.

    Preparation of the master plan on the basis of geological data in mining areas shall comply with the requirements of the relevant specification and qualification units and obtain the appropriate review comments.

    Nineth coal mine general planning should be linked to national priority zones plan, national energy planning, development of the coal industry plan, approved by the people's Governments above provincial level the General town planning link.

    Tenth overall in the coal mining area planning and design document should include the following:

    (A) the basis for planning, guidelines and principles;

    (B) the survey of mining, including mining, such as location, condition, degree of exploration resources;

    (C) mining development purposes and the necessity, mine exploitation on the role and significance of regional economic and social development, coal market perspectives and product competitiveness;

    (D) mine development enterprise's basic situation, should note mine production and development status in production and construction mining area;

    (E) mining and logging (ore) field determines the scope based on the technical and economic comparison of the field dividing;

    (F) mining (opencast) build size, length of service, open up, well location and industrial sites;

    (G) the scale of mining area construction, balance production and service period, additional exploration of coal resources and mine construction sequence;

    (H) the coal washing and processing, including coal quality and raw coal washability, product direction, coal processing and distribution;

    (I) mining and associated resources of coal and coal-bed gas (mine gas), mine water and coal resources development utilization programme;

    (J) the external building conditions, mining railways, roads, power supply and power supply scheme, water supply and water supply, communications, etc;

    (11) the General layout for mine and auxiliary facilities, including mining layout, construction land, flood control and drainage;

    (12) the analysis on mine safety and disaster prevention;

    (13) the mining environment, such as soil and water conservation and energy-saving emission reduction;

    (14) the mining labor force and total static investment in mining areas;

    (15) the planned mining (opencast) essential characteristics table, the degree of exploration, well (ore) field Division, mine and well (mine) inflection point coordinates.

    Chapter planning permission

    11th reserves for midsize, planning more than 3 million tons/year and the total mining area and its overall planning by mine host provincial development and Reform Commission in conjunction with the provincial coal industry administration departments, such as review comments, submitted to the national development and Reform Commission for approval. 12th national development and Reform Commission received submissions of mine general planning documents, declarations are incomplete or do not meet the requirements, shall, within 10 working days after receiving the application materials at once informed the applicant, additional relevant information and documentation.

    Fails to notice, from the date of receipt of the application materials shall be deemed accepted.

    Applicants should be balanced resources, technical and economic, rational development, management and other aspects on the basis of recommendations of the proposed mine development enterprises.

    Article 13th after the State development and Reform Commission in mining area planning shall entrust a qualified rating agency for assessment or expert review. Commissioned assessment agencies should be submitted within the time stated in the evaluation report, and responsible for the assessment.

    When evaluating the institutions in conducting the assessment, may require planning applicants on relevant issues are explained.

    In consultation with the evaluation process, the evaluation institutions should report to the national development and Reform Commission to assess progress of the situation.

    14th overall in the coal mining area planning assessment report should include the following:

    (A) survey and development of mining enterprise's basic situation;

    (B) exploration of mining area and assessment;

    (C) evaluation of resource condition, including the stratigraphy and structure, coal, hydro-geological, mining technology and engineering geology, reserves, coal quality, etc;

    (D) the necessity of development of mining area;

    (E) evaluation of mine development, including mining development, planning principles, well (ore) field Division, planning construction scale, balanced production and service period of mining area;

    (Vi) evaluation of coal processing and comprehensive utilization of resources, including raw coal washability and product utilization, coal washing and processing and distribution and comprehensive utilization of resources;

    (VII) evaluation of external building conditions, including mining railways, roads, power supply and power supply scheme, water supply and water supply;

    (H) evaluation of general layout for mine and auxiliary facilities, including mining layout, construction land, flood control and drainage;

    (IX) evaluation of mine safety and disaster prevention;

    (J) the environmental protection in mining areas, soil conservation and evaluation of energy conservation and emission reduction;

    (11) the main conclusions and recommendations;

    (12) the assessment report shall be attached to the planning of mine (open pit) essential characteristics table level, mining exploration, mining (ore) field Division, mine and well (mine) inflection point coordinates.

    15th may be significant impact on the public interest of mine, the provincial development and Reform Commission for approval before the master planning of mining area shall take appropriate means to solicit public opinion.

    16th national development and Reform Commission to agree with the reply of mine general planning, shall declare to the planning unit issuing approval document, with a copy to the relevant provinces (regions and municipalities) people's Governments and relevant departments of the State Council; do not agree with the approval of the general planning of mining area, it shall notify the planning application unit.

    The fourth chapter for planning, management and implementation 17th General plans for dynamic management of coal mining area.

    Approved mining areas general planning, area, the well (ore) field and the construction of large scale changes, overall planning of mining area shall be established (revised version), clear mine area general plan to modify the content, and follow the above procedure for approval. Mine master plan (revised version) application time from the original planning approval in principle of not less than five years.

    Assessing or reviewing mining area master plan (revised version), modify content of mine general planning should be evaluated.

    18th provincial development and Reform Commission after the receipt of mining areas general planning document, approval documents should be forwarded the provincial land and resources, water conservancy, railways, electricity and other sectors, as well as the mining city, where (the EU), County (banner) people's Government and mining development company.

    The fifth chapter legal liability

    19th article accept delegate prepared, and assessment coal mine general planning of engineering advisory units, and assessment institutions, violation about provides, provides false report, illegal proceeds in 5,000 yuan and the above of, at 5,000 yuan above 30,000 yuan following of fine; no illegal proceeds or illegal proceeds insufficient 5,000 yuan of, at 2000 Yuan above 10,000 yuan following of fine; on its directly is responsible for of competent personnel and other directly responsibility personnel at 1000 Yuan above 10,000 yuan following of fine; constitute crime of, law held criminal.

    The preceding paragraph violations and serious engineering consulting firms, assessing institutions, qualification should be in accordance with their corresponding qualification.

    20th overall in the coal mining area Planning Commission preparation, in violation of the provisions of the competent departments, delegate of favoritism, abuse of power, negligence in the preparation, approval, by a higher administrative authority or the supervision agency ordered corrective action and legally directly responsible managers and other personnel with direct responsibility for disciplinary action.

    21st article mine coal development enterprise in mine general planning without approved or violation by approved of mine general planning, unauthorized engaged in coal mine construction, and production of, by provincial development reform Board with about sector ordered stop construction, and production, and on related enterprise head, and directly is responsible for of competent personnel and other directly responsibility personnel at 1000 Yuan above 10,000 yuan following of fine; constitute crime of, law held criminal.

    The sixth chapter supplementary articles

    22nd coal reserves for smaller total size of up to 3 million tons/year, planning mining areas, the master plan approved by the provincial development and Reform Commission, submitted to the national development and Reform Commission for the record.

    Mine general planning of the provincial development and Reform Commission for approval, with reference to these provisions.

    23rd article this is responsible for the interpretation provided by the State development and Reform Commission. 24th article of the regulations implemented since the release date of 30th, the national development and Reform Commission on regulating management of coal mining areas general planning permission notice (the change of energy [2004]891) repealed simultaneously.