Zibo Mining Supervision And Administration

Original Language Title: 淄博市矿产资源开采监督管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201204/20120400367256.shtml

Zibo mining supervision and administration

    (July 21, 2011, Zibo city, the people's Government of the 51st Executive meeting on August 1, 2011, 81st in Zibo city people's Government promulgated as of September 1, 2011) Chapter I General provisions

    First in order to strengthen the supervision and management of mineral resources, according to the People's Republic of China mineral resources law, the Shandong provincial implementation of People's Republic of China mineral resources law, procedures, laws and regulations, combined with the city's actual, these measures are formulated.

    Second mining of mineral resources within the administrative area of the city, supervision and management of the application of this approach.

    Third mining supervision Administration adhere to the principle of territorial management, graded responsibility, government leadership, land and resource management sectors led the regulatory mechanisms of the relevant functional departments carry out their duties, and make concerted efforts. IV the Governments at various levels are the supervision and administration of mineral resources within the administrative area of responsibility, supervision and administration of land and resource management sectors are mining authorities.

    Public security, safety, coal, industrial and commercial departments shall, in accordance with their respective responsibilities to mining supervision and management of related work.

    Chapter II supervision

    Article fifth mining supervision and management should be integrated into government objectives, clear regulatory responsibilities, coordinating joint law enforcement, regular supervision and inspection.

    Sixth Government related organizations should perform the following duties:

    (A) land and resource management is responsible for mineral resources mining permit issued according to law, to detect and stop mining violations, suspected of illegal exploitation of mineral resources and timely transferred to judicial organs for handling. (B) the safe production supervision and management is responsible for the mining license of the enterprise has been made non-coal mine safety production license issued in accordance with law. Of non-coal mine work safety supervision and inspection, stopping and investigating safety violations, there are significant risks of mining law to suspend production for rectification, stop construction supervision directives.

    Proposed closing does not have list of mine safe production conditions, safety production license revoked.

    (C) the coal industry administrative departments responsible for mining licenses have been made according to law issuing of coal production permits, discovering and investigating license is not or increase work sites without permission of the coal mining enterprises and coal trading enterprises ' violations.

    (D) Public Security Department is responsible for the cancellation of closed mine blasting permit, supervision and closed mines are disposed of the remaining explosives, from units and individuals for investigation on the illegal exploitation of explosive materials, and hinder the behavior of relevant functionaries of State organs carry out their duties, shall be subject to administrative law-enforcement departments suspected of crimes such as illegal mining of the transfer case.

    (E) Administration for industry and commerce is responsible for the issuance of mining business license according to law, in accordance with the mandate to co-ordinate the departments concerned to investigate and punish acts of unlicensed.

    Article and related government departments at all levels should establish and implement supervision and administration of production safety responsibility system of mineral resources, as requested by the mission point, responsibility to the people, layers of signing responsibility, clear regulatory and responsible.

    Chapter III Regulation Land and resources management departments shall, in accordance with article eighth mineral resource planning, announced the ban on logging, limited-production area, district-wide.

    Prohibition of violations of mineral resources planning in mining mineral resources.

    Nineth, land and resource management, Department of mineral resources mining supervision and management mechanism, implementation of routine inspections, special inspections, patrols, and focus of the inspection on a regular basis to troubleshoot system, establish the inspection records and account, to detect and investigate illicit mining digs, Super Cross and other acts of illegal exploitation of mineral resources.

    Tenth levels of Government is responsible for land and natural resources, public security, management and other departments to improve supervision and management system of coal industry, establish and perfect the supervision and administration of mineral resources exploitation network, implementation specialist, responsibility, achieving interaction at all levels.

    11th levels of Government responsible for land resources management and other departments to unlicensed mining, illicit mining acts of illegal exploitation of mineral resources such as digging, centralized control and key regulatory, closely monitor mining order and trend of illegal mining points to seal against.

    12th mining supervision and management departments should set up telephone hotlines, the report box, and announced to the public.

    13th pick of the citizens, legal persons and other organizations the right to dig, Super cross report acts of illegal exploitation of mineral resources such as Government incentives to report verified.

    Fourth chapter of mining of mineral resources

    Article 14th mining enterprises are the main safety responsibilities, mainly responsible for the full responsibility for the safety of mining enterprises.

    Mining enterprises shall implement the responsibility system for production safety, implementation of the mines Inspector system to prevent casualties and other production accidents. 15th of mining of mineral resources shall obtain a license.

    Not legally obtained mining license, safety production license, coal production permits, business licenses and other documents, no unit or individual is allowed to mine mineral resources.

    16th mining enterprises should be established in the mining workplace visible signs of mining rights, access to land and resources management and social supervision.

    17th mining enterprises shall be subject to supervision by the Administrative Department and relevant departments when conducting supervision and inspection, and shall report and provide required information shall not be refused and obstructed.

    18th mining enterprises according to regulations should be submitted to relevant departments data on mineral resources, and responsible for the submitted to the authenticity and validity of the data.

    19th in mining mineral resources shall establish and improve the utilization and protection of mineral resources in the system, scientific method, dissemination of advanced technology, improve the level of utilization and protection of mineral resources.

    20th units of mining enterprises should entrust a qualified development, mining extraction, mining dilution rate should meet the requirement of mineral resources development and utilization programme, does not meet the approved indicators, by the land and resources administration ordered rectification. 21st in mining mineral resources, should be protection of the geological environment and geological heritage, and prevention for geological disaster.

    Prohibition on destructive mineral mining. 22nd prohibits any unit or individual may enter legally established within the area of mining.

    Prohibition to contracting and leasing unauthorized transfer of mining rights.

    Article 23rd according to law to close mines, mines block should be taken well, dismantling facilities, restoring landforms, such as measures to eliminate security risks.

    24th prohibits buying and selling units and individuals without lawful mining rights mining of minerals.

    Chapter fifth penalty

    25th without mining permits unauthorized mining shall be ordered to stop production, compensation for losses, mining of minerals and confiscated illegal income, and 50% of the illegal proceeds, there is no illegal income, and a fine of 50,000 yuan constitutes a crime, criminal responsibility shall be investigated according to law.

    26th article beyond approved of mine range mining of, land resources management sector should ordered its returned this mine range within mining, compensation loss, confiscated transboundary mining of mineral and illegal proceeds, can and at illegal proceeds 30% of fine, no illegal proceeds of, can and at 30,000 yuan fine; refused to returned this mine range within mining, caused mineral resources damage of, law revoked mining license; constitute crime of, law held criminal.

    27th to contracting and leasing unauthorized transfer of mining rights, land and resource management by the Department shall be ordered to correct, confiscate the illegal income, fine at 100,000 yuan in serious cases, mining licence shall be revoked by the original issuing authorities.

    28th geological environmental damage caused by mining of mineral resources or geological disasters, according to the provisions governing, ordered by the land and resources management sector governance, and punishable by a fine of 100,000 yuan in serious cases, by the original issuing authorities revoked its mining permit.

    29th mining enterprises mining licence shall be revoked, since the mining license is revoked shall not, within three years from the date of application for mining rights.

    30th acquisition, sales without lawful mining rights or mining of mineral, land and resource management by sector minerals and confiscated illegal income, and a fine of 30,000 yuan.

    31st Government departments and their staff in the supervision and administration of mineral resources exploitation in malfeasance, illegal issuance of licences, or for failing to stop illegal mining acts, penalties, to managers directly responsible and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    Article 32nd a year, in a district there are two or more, in a town (Street), there are one or more acts of illegal exploitation of mineral resources, the level of Government failed to carry out duties of supervision and inspection, shall be found and not found or found not to be investigated and dealt with, according to law to hold principals accountable.

    The sixth chapter supplementary articles 33rd article this way come into force September 1, 2011.