Jiangxi Provincial Implementation Measures For The Non-Coal Mining Enterprise Safety Production License

Original Language Title: 江西省非煤矿矿山企业安全生产许可证实施办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201108/20110800346551.shtml

Jiangxi provincial implementation measures for the non-coal mining enterprise safety production license

    (Consideration by the Jiangxi provincial people's Government, the 46th Executive January 24, 2011 through January 31, 2011 189th promulgated by the people's Government of Jiangxi province as of March 1, 2011) Chapter I General provisions

    First in order to strictly regulate non-coal mining enterprise safety production condition, do not issue management of coal mine enterprise safety production license, according to the regulations of the safety production license of the State Council (hereinafter referred to as the regulations) and other relevant provisions of laws and regulations, combined with the facts of the province, these measures are formulated. Article within the administrative area of the province's non-coal mining enterprises must obtain safety licenses.

    Without safety production license, may not engage in production activities.

    Non-coal mining enterprises in these measures include metal and Nonmetal Mines and tailings, construction enterprises of geological prospecting, mining, and oil and gas businesses.

    Article the following non-coal mining enterprise safety production license, the provincial production safety supervision and management departments are responsible for issuing and managing:

    (A) not included in scope of safety production permit from the State administration of work safety in Jiangxi province of central management of non-coal mining enterprises;

    (B) the province, across districts and cities non-coal mining enterprise and its open pit mining tailings;

    (C) non-coal mining enterprise and its underground mining tailings;

    (D) provincial brine mining enterprises;

    (E) non-coal mining underground mining construction enterprises and provincial non-coal mining of open pit mining and construction enterprises;

    (F) the provincial geological prospecting units;

    (VII) the other four and above (with four) tailings.

    Fourth following non-coal mining enterprise safety production license, commissioned by the provincial production safety supervision and management departments, work safety supervision and management departments, districts issuing and managing:

    (A) the provincial mining tailings such as non-coal mines and five;

    (B) the provincial non-coal mining of open pit mining and construction companies;

    (C) the provincial geological prospecting units;

    (D) provincial brine mining enterprises;

    (E) five other non-coal mines tailings.

    Fifth following non-coal mining enterprise safety production license, commissioned by the provincial production safety supervision and management departments County (municipal and district) production safety supervision and management departments to issue and manage:

    (A) the brick clay mine (field);

    (B) sand;

    (C) provincial geothermal, hot springs, mineral mining enterprises.

    Sixth provincial production safety supervision and management departments should be entrusted with the districts of cities and counties (cities, districts) of production safety supervision and management departments (hereinafter referred to as the Entrust certification authority) and its content is commissioned to carry out safety production license shall be published. Provincial safety production supervision and Management Department of entrusted to carry out safety production permission certification authorities shall be responsible for supervision.

    Entrusted with the licensing authority within the terms of reference, and to carry out safety production on behalf of the provincial production safety supervision and management departments permission shall not delegate any other organization or individual to carry out safety production license.

    Article seventh units or individuals for acts in violation of these rules, is entitled to work safety supervision and management departments or organs and other relevant departments to report.

    Chapter II application and acceptance

    Apply article eighth non-coal mines for safety production license, shall comply with the regulations, the State Council production safety supervision and Management Department under the conditions and according to the following provisions apply to the relevant safety production supervision departments:

    (A) non-coal mining enterprises provided for in article III of this approach, and apply to the provincial production safety supervision and management departments;

    (B) the provisions of this article fourth non-coal mines, to the local districts and cities work safety supervision and management departments to apply;

    (C) the fifth non-coal mining enterprises under these measures, to local counties (cities, districts) of production safety supervision and management departments to apply.

    Nineth apply non-coal mines for safety production license, shall submit the following documents and information:

    (A) the safety license applications;

    (B) copy of business license or Enterprise name pre-approval of copies of documents;

    (C) copy of mining permits, gold mining enterprises also need to submit a copy of the written approval of mining of gold minerals;

    (Iv) copy of the safety production responsibility system;

    (E) the list of list of safety rules and regulations;

    (F) set the production management, or equipped with safety Manager file copy;

    (G) the Chief safety and safety management personnel qualification certificate;

    (VIII) special operations operator's qualification certificate;

    (I) extract full documentation of safety requirements;

    (10) for employees to pay industrial injury insurance or handle the safety proof of liability insurance;

    (11) the more dangerous equipment and facilities by those with appropriate professional qualification issued by the inspection agency qualified inspection reports;

    (12) the emergency rescue plan, the establishment of emergency rescue organizations or mine rescue teams and other emergency rescue organization rescue agreement signed;

    (13) the mining safety facilities of construction project documentation of acceptance by the safety supervision and management departments.

    Headquarters of the tenth non-coal mines (including Corporation, Head Office and listed companies, the same below) application for a safety license, you do not need the Nineth part (c), (VIII), (IX), (10), (11), (12), (13) the provision of documents and materials.

    Tailings application for a safety license, you do not need this article Nineth part (c) of documents and materials.

    Geological exploration units apply for safety production license, you do not need this article Nineth part (c), (I), (13) the provision of documents and materials, it should be submitted to the relevant departments of land and resources issued by drilling (pit) exploration survey qualification certificate.

    Mining construction companies apply for the safety production license, you do not need this article Nineth part (c), (I), (13) the provision of documents and materials, it should be submitted to the relevant construction qualification certificate issued by the administrative departments of mining engineering, construction-related copy.

    Apply oil and gas exploration unit for safety production license, you do not need this article Nineth part (c), (13) the provision of documents and materials.

    Article 11th non-coal mining enterprises should submit relevant documents, be responsible for the authenticity of information.

    Engage in non-coal mine safety evaluation, certification, design, testing, inspection and supervision of intermediaries, should be on the issue of evaluation reports, inspection reports, feasibility studies, design, supervision and take responsibility for the results.

    12th non-coal mine work safety supervision and management departments of enterprises to submit applications and documents and materials, should be dealt with in accordance with the following provisions, respectively:

    (A) apply for matters outside the ambit of this organ's, shall immediately make a decision inadmissible, and the non-coal mining enterprise safety production permit application rejection notice, inform the applicant to apply to the relevant authorities;

    (B) application errors that can be corrected on the spot, should allow or require the applicant to be corrected on the spot, correct the issue immediately after the non-notification of acceptance of coal mine enterprise safety production permit application;

    (C) the application materials are incomplete or not in compliance with the statutory form, shall, on the spot or issued within 5 working days of the non-coal mining enterprise safety production permit application correction notice, at once inform all applicants need to supplement content, fails to inform the, shall be accepted as of the date of receipt of the application materials;

    (D) the application materials are complete and comply with the statutory format, or in accordance with the requirements of all corrections, from the date of receipt of all application materials or supplement materials accepted.

    Chapter III audit and the certificate

    13th article province safety supervision management sector and set district city safety supervision management sector on has accepted of application, should written sought non-coal mine mine enterprise location of Xia level safety supervision management sector or this level about sector of views; County (city, and district) safety supervision management sector on has accepted of application should written sought non-coal mine mine enterprise location of township government or subdistrict offices, and this level about sector of views.

    Been consulted departments and units should be in receipt of the non-coal mining enterprise safety production license for comment within 5 working days from the date of issue a written opinion, fails to issue a written opinion considered opinion.

    Provincial safety production supervision and management departments or entrusted with the licensing authority has accepted the request, should be 2 or more staff are assigned to review the application materials; consider it necessary to review site, reviews should be 2 or more staff are assigned to the site, shall cooperate with the applicant. 14th Provincial safety production supervision and management departments or entrusted with the licensing authority within 21 working days from the date of acceptance of the application by issuing or not issuing safety licenses decisions.

    Reviews to the site, the processing time is not included in the review period.

    Safety production license issued to decide, shall decide within 10 working days of the date the applicant served or notified the applicant the safety license; the decision shall not be issued, it shall make the non-coal mining enterprise safety production license shall not be issued a notice, notify the applicant in writing and state the reasons in writing within 10 working days, inform the applicant of the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

    15th province production safety supervision and management departments or entrusted with the licensing authority shall, in accordance with the following provisions, non-coal mining enterprise safety production license issued:

    (A) for metal and Nonmetal Mines for corporate headquarters, issuing safety licenses to corporate headquarters;

    (B) for metal and Nonmetal Mines, independent production systems to businesses and issuing safety licenses, respectively;
(C) only one independent production system for metal and Nonmetal Mines, safety production license issued to enterprises;

    (D) for geological exploration units, to the most junior safety production permit from the organization with legal personality;

    (E) construction enterprises of mining and safety production license issued to enterprises;

    (Vi) safety licenses issued to tailings alone.

    16th provincial safety production supervision and Management Department or an application has been accepted by the Entrust certification authority in staff review or to the scene after a review found non-coal mines one of the following major accidents hazards without safety production license issued:

    (A) the exits of underground mines do not meet the work safety laws, regulations, standards, and regulations;

    (B) non-coal mines, renovation and expansion projects are not in accordance with law, safety assessment, its security facilities without the acceptance of production safety supervision and management departments;

    (C) small open stone quarry layered over relevant provisions of the State;

    (D) small open stone quarry located less than 300 metres from the border security;

    (E) other circumstances as stipulated by laws and regulations.

    17th no unit or individual is allowed to transfer, use, sale, lease, lend, or use a fake non-coal mining enterprise safety production license.

    The fourth chapter extension and alteration 18th safety production license is valid for 3 years.

    Safety production license needed to be extended after expiry, non-coal mines in safe production licence before the expiry of 3 months to the provincial production safety supervision and management departments or the original entrusted with the licensing authority for renewal applications go through formalities for extension.

    Independent production system in metal and Nonmetal Mines and tailings, as well as the independent oil and gas production systems and operations should also be submitted by the qualified intermediary issued by qualified security assessment reports and measured drawings within the last 6 months. Provincial production safety supervision and management departments and the original entrusted with the licensing authority to submit application for the extension of the non-coal mining enterprise documents and information shall be in accordance with these measures the 12th, review the provisions of article 13, the decision whether or not to grant an extension.

    Decision to grant the extension, should get back the original safety production license, renew safe production license; decided not to grant an extension and shall inform the applicant in writing and state the reasons.

    Article 19th of coal mining enterprises in accordance with the following conditions, safety production license for the extension of the expiry, by the provincial production safety supervision and management departments or the original entrusted with the licensing authority agrees, you can no longer review, direct handling of safety production license renewal:

    (A) access to safe production license, strengthen daily safety management, there is no safety record, without compromising production safety conditions, and meets safety standard grade or above;

    (B) accept the provincial safety production supervision and management departments and the local Government of production safety supervision and management departments of supervision and inspection, (iii) no fatalities occurred.

    20th non-coal mining enterprise safety production licence is valid within one of the following circumstances shall, within 30 working days from the date of business license change provincial safety production supervision and management departments or entrusted with the licensing authority for changing safety production license:

    (A) change of name;

    (B) changes in charge;

    (C) changing economy;

    (D) change of address;

    (E) changes its scope of license.

    Within the validity of non-coal mine enterprise safety production license, change affiliations, and alteration, expansion or consolidation project circumstances, separately since the affiliation change and alteration, expansion or consolidation projects by the security within 10 working days of the date of acceptance to the provincial production safety supervision and management departments or the entrusted licensing authority for changing safety production license.

    21st at non-coal mining enterprises to apply for modification of safety production license, shall submit the following documents and information:

    (A) application for amendment;

    (B) the safety license original and copy.

    Of non-coal mine enterprises change business license, copy of the business license should also be submitted after the change; change enterprises should also be submitted to the principals of the owner of the security certificate.

    Metal and Nonmetal Mines changes its scope of business name, license, copy of the mining permit shall also submit the changes.

    Of non-coal mine enterprises to change affiliation, affiliation changes shall be submitted supporting documents; alteration, expansion or consolidation project, shall also submit the documentation of acceptance.

    22nd has accepted the changes to the application, the provincial production safety supervision and management departments and entrusted with the licensing authority of the applicant to submit relevant documents, data review, should be within the 10 working days for safety production license change procedures.

    Supervision and administration of the fifth chapter

    23rd non-coal mining enterprise safety production license, daily safety management should be strengthened, and shall not reduce the safety conditions, and accept the supervision and inspection of production safety supervision and management departments.

    Article 24th of this province registered geological exploration units, mining enterprises in the province engaged in operations, shall, before operating the enterprise safety production license and certificates and other materials relating to management personnel to the provincial production safety supervision and management departments, and registration tables to a job where the County (city, district) production safety supervision and management departments registration.

    25th provincial safety production supervision and Management Department found entrusted with the licensing authority any of the following circumstances, you can cancel the delegate:

    (A) abuse their powers, neglect their duties in the work of safety production license issued, if the circumstances are serious;

    (B) beyond the delegated authority to issue safety licenses;

    (C) violation of the program awarded safety production license as provided herein;

    (D) to meet the safety requirements of non-coal mine enterprise safety production license issued.

    26th under any of the following circumstances, make safety production supervision and management of safe production licensing decision or its higher administrative authority, according to the request of the interested party or ex officio, revoke non-coal mining enterprise safety production license:

    (A) personnel who abuse their powers, neglect their duties to approve the decision on safety production license;

    (B) in excess of their statutory authority to approve the decision on safety production license;

    (C) the violation of procedure decision on safety production license as provided herein;

    (D) does not meet the statutory conditions for safe production in non-coal mining enterprise safety production license is granted.

    Non-coal mining enterprises to fraud, bribery or other improper means to achieve safety production license, the registration shall be revoked.

    Revoke the licensing for safety in accordance with the preceding two paragraphs, may cause significant harm to the public interest, it shall not be annulled. Safety production license in accordance with the provisions of the first paragraph of this article to withdraw, damage the legitimate interests of the licensee, the provincial production safety supervision and management departments or entrusted with the licensing authority shall give compensation.

    In accordance with the provisions of the second paragraph of this article revoked license of work safety, made in the non-coal mining enterprise safety production license based on interests are not protected.

    27th in safety production license validity period expires mining permit, non-coal mining enterprises shall, within the 15th day before the expiry of the licence of mining and safety production license original and a copy returned to the provincial production safety supervision and management departments or the Entrust certification authority. Land and resources departments to withhold non-coal mining enterprise of mining licences, the work safety supervision and management departments should be informed.

    Concerning production safety supervision and management departments should timely recovery of non-coal mine enterprise safety production license, the mining license temporarily suspended after the expiry of reimbursement.

    Mining in the safety production license, the license is revoked, withdrawal and cancellation, the provincial production safety supervision and management departments or entrusted with the licensing authority shall promptly withdraw the safety production license.

    Of termination of production activities in non-coal mines, the provincial production safety supervision and management departments or entrusted with the licensing authority shall handle the safety production license cancellation.

    28th production safety supervision and management departments at or above the county level shall be in accordance with the relevant responsibilities to enhance within their respective administrative areas of non-coal mine enterprise safety production license of daily supervision and inspection in; in the supervision and inspection, supervision and inspection of the situation and the results should be recorded and signed by 2 or more inspectors after archiving.

    The public right of access supervision and inspection records.

    Article 29th entrusted with the licensing authority shall, on the 10th day of each month before issuing safety licenses last month reported to the provincial production safety supervision and management departments.

    Provincial work safety supervision and management departments should be rotated every 6 months obtained in this website to the public once the province's list of non-coal mining enterprise safety production license. 30th production safety supervision and administration, land and resources, administration for industry and commerce, and public security departments shall establish a mechanism for Exchange of information.

    The sector should law handle and review non-coal mine mine enterprise of about card as, and timely wrote related sector; about sector in law enforcement check in the found non-coal mine mine Enterprise exists safety problem of, should immediately wrote safety supervision management sector; safety supervision management sector law revoked, and revoked, and cancellation non-coal mine mine enterprise security production license or found no card production of, should immediately wrote about sector, about sector should law take corresponding measures.

    The sixth chapter legal liability

    31st in violation of these regulations, relevant laws, regulations, rules on legal liability provisions, in accordance with its provisions constitutes a crime, criminal responsibility shall be investigated according to law.

    32nd of production safety supervision and management departments of the staff of any of the following acts, administrative sanctions of demotion or removal from Office, constitute a crime, criminal responsibility shall be investigated in accordance with law:

    (A) does not meet the statutory conditions for safe production in non-coal mining enterprise safety production license issued;

    (B) the discovery of non-coal mine safety production license was not legally obtained mining enterprises engaged in production activities without authorization and not dealt with according to law;
(C) discovery of non-coal mine enterprise safety production License no longer meet the statutory safety requirements, are not dealt with according to law;

    (D) after receiving the reports of violations of these rules, is not processed in a timely manner;

    (E) in safe production licensing, management and supervision and inspection work, the solicitation or acceptance of coal mine enterprise's property, or seeking other interests.

    Article 33rd non-coal mining enterprises to hide relevant information or provides false information to apply for safety production license, the provincial production safety supervision and management departments or entrusted with the licensing authority not to accept or to reject license and give a warning; the business in a year shall not apply again for a safety license.

    Non-coal mining enterprises to fraud, bribery or other improper means to obtain a safety permit, by work safety supervision and management departments of the province or entrusted with the licensing authority in a warning, and may be of less than 10,000 yuan and 30,000 yuan fines; the enterprise safety production license allowed to re-apply in three years.

    34th article of non-coal mine safety evaluation, certification, design, testing, inspection, supervision of intermediaries and issuing false reports or certificates, but not serious enough for criminal punishment, more than 5000 Yuan and 20,000 yuan fine, directly responsible to the head of personnel and other persons directly responsible for more than 5000 Yuan and 30,000 yuan fine.

    The seventh chapter by-laws

    35th metal and Nonmetal Mining enterprise, is engaged in metal and non-metal mining activity the following units:

    (A) production unit specializing in the exploitation of mineral resources, not including sand production units;

    (B) joint production of enterprises engaged in mining and processing of mineral resources and mining production units;

    (C) other non-mining enterprises engaged in the production of mines.

    Tailings, refers to the dam intercepts Valley or surrounding land consists of storage places for metal and Nonmetal mine discharges tailings after Shi Xuan, including red mud from alumina stone factory, not including mine tailings and slag in power plant for the nuclear industry.

    Geological exploration unit, refers to using drilling, pitting works on metal of non-metal mineral resources exploration unit.

    Construction enterprises of mining, refers to the metal and Nonmetal Mining project construction units, including the contracting of non-coal mining construction drilling, blasting, ore, supporting operations of the enterprise.

    Oil and gas companies, is engaged in oil and gas exploration, development, production, storage and transportation units. 36th these measures shall come into force on March 1, 2011, January 10, 2005, released by the provincial Government of Jiangxi province coal mine enterprise safety production permit system repealed at the same time.