Administrative Measures For The Rehabilitation Of Mine Geological Environment In Jilin Province Security Deposit

Original Language Title: 吉林省矿山地质环境治理恢复保证金管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201204/20120400367155.shtml

Administrative measures for the rehabilitation of mine geological environment in Jilin province security deposit

    (November 16, 2010 13th Executive meeting consideration of the people's Government of Jilin province by Jilin provincial people's Government order No. 226 September 21, 2011 release since November 1, 2011) first to standardize the management of mining geological environment treatment to restore the margin to ensure restoration of mining geological environment control, according to the People's Republic of China mineral resources law, the measures for the administration of registration of mining of mineral resources and other related laws and regulations, combined with the facts of the province, these measures are formulated.

    Second mining geological environmental rehabilitation bond in these measures refers to in the course of mining right in the exploitation of mineral resources for the performance of its mining environmental restoration obligations, store special guarantee fund accounts in the Bank (hereinafter referred to as margin).

    Article where in the province engaged in mining activities in the administrative area of the mining right, must be in accordance with these regulations, storage security.

    Fourth land and resource administration departments at or above the county level shall be responsible for the security of storage, use of supervision and management.

    Fifth deposit earmarked for mining mineral resources caused by collapses, landslides and debris flows, ground subsidence and ground fissures, destruction of aquifers and landform landscape, mining geological environmental protection and control of recovery may not be diverted to any other use.

    Sixth in mining mineral resources, related to soil and water conservation, heritage, seeking use of forest, land, grassland, shall be handled in accordance with relevant laws and regulations.

    Article seventh bond management guided by enterprises, government regulation, account stores, the principle of earmarking.

    Eighth man over the recovery of the mining right mining geological environment should be based on protection and development, in the development of protection and governance principles-while-mining.

    Nineth mining right holder must be specified by the mining departments of land and resources administration, where the store bank account deposit, issued by the competent administrative Department of the Ministry of land and resources store proved; cross above the county level administrative division, mining right in this mine is located on a common level of land and resources administrative departments specified bank account storage deposit, issued by the competent administrative Department of the Ministry of land and resources store proved.

    Article tenth deposit amount of storage, based on mining geological environmental protection and rehabilitation programme of rehabilitation engineering estimates to determine.

    Mining geological environmental protection and control in recovery scenarios for life according to length of service and production plan; mining geological environmental protection and control in recovery after programming is complete, once should be 5 years, multistage mining mine according to the stages of life changes.

    The revised mining geological environmental protection and rehabilitation programmes of rehabilitation engineering estimates, stored as a margin change according to the amount.

    Article 11th mining geological environmental protection and control unit of the rehabilitation programme of qualification must comply with the conditions under the Ministry of land and resources.

    Mining geological environmental protection and control in recovery programming standards, in accordance with the mining geological environmental protection and restoration of the programming code (DZ/T0223-2011) shall apply.

    Mining geological environmental protection and control in recovery programming is completed, mining permit from the 5th to the land and resources administrative departments.

    12th expand the scale of mining, change area, minerals or mining, mining rights shall be realigning mining geological environmental protection and control of the rehabilitation programme, and in accordance with the re-engineering estimates of storage security.

    13th bond at 500,000 yuan (500,000) or a mining license age less than 5 years (5 years), should be a one-time storage deposit of more than 500,000 yuan, mining right holder responsible for the proof of the mining deposit storage departments of land and resources administration after the submission stage storage security commitments, inspection can be stored. Stage storage security, according to a staged production or mining license validity period is the average amount of storage, staging store.

    Stage shall not exceed 4 times, first storage amount must not be less than 500,000 yuan. 14th of mining right transfer of mining right, the security deposit and interest be assigned and the assignee.

    Part of the margin were not stored, by the assignee in accordance with these regulations supplement store.

    Assignee date of access to mineral rights, mining geological environmental protection and control of the corresponding recovery obligations.

    15th before the mines closed, closed, geologic environment of mining right shall complete the rehabilitation task.

    16th under any of the following circumstances, land and resources administrative departments may withdraw all or part of the deposit principal enterprises with appropriate engineering qualifications through bidding instead of mining right, the mine geo-environment rehabilitation works:

    (A) fails to perform the rehabilitation obligations of mining rights, land and resources administrative departments of bulletin full 60 days of rehabilitation;

    (B) the mining right after a partial rehabilitation, to renounce continuing rehabilitation;

    (Iii) unqualified acceptance of rehabilitation engineering, land and resources administrative departments ordered to rehabilitation, mining right holder refuses to implement rehabilitation or recovery still failed to reach the standard of governance.

    17th bonds and their interest is not sufficient to carry out the mining environmental restoration, the Department of land and resources administration of the mining right to recover excess costs remaining margin and interest, balance the return of mining right.

    Article 18th completed stages of the mining right management restoration project or all the rehabilitation works, land and resources administrative departments shall apply for rehabilitation works.

    Commissioned by the land and resources administrative departments instead of mining enterprises who completed rehabilitation works shall, after completion of rehabilitation works, for land and resources administrative departments to carry out rehabilitation works.

    Land and resources administrative departments should receive within 20 working days from the date of acceptance of the application completed works acceptance.

    Article 19th mining geological environment control project in part or in whole after acceptance, land and resources administrative departments shall within 10 working days of the date of acceptance, for mining rights concluded to fetch corresponding part or all of the deposit and the interest of the Commission.

    Experience fail to pass, land and resources administrative departments shall within 10 working days from the closing date of the inspection, notify the mining right, and ordered their governance standards continue pursuant to the provisions governing recovery.

    Article 20th on the rehabilitation of mine geological environment supervision and management of deposit, otherwise provided by the State from its provisions.

    Article 21st land and resources administrative departments who violate these rules, stored and used in the margin supervision and management of dereliction of duty, abuse of authority or engages in, shall be investigated for leadership, and the persons responsible shall be given administrative sanctions; if the case is serious enough to constitute a crime, criminal responsibility shall be investigated according to law. 22nd article this way come into force November 1, 2011. Jilin province promulgated on July 17, 2006, the management measures of mine ecological environment restoration fund abolished at the same time.