Qiqihar City Building With Sand Mineral Resource Management

Original Language Title: 齐齐哈尔市建筑用砂石矿产资源管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201009/20100900264135.shtml

Qiqihar city building with sand mineral resource management (June 3, 2010 14th, Qiqihar city people's Government at the 47th Executive session on June 7, 2010 1th, Qiqihar city people's Government promulgated as of July 7, 2010) first to strengthen the management of construction sand and gravel resources in this city, regulate their exploitation, protect the legitimate rights and interests of mining rights and related personnel, according to the People's Republic of China mineral resources law, the regulations on the management of mineral resources in Heilongjiang province and other related laws and regulations

    This municipality actually, these measures are formulated.

    Article mining buildings with sand mineral resource in the administrative area of the city, and shall comply with these measures.

    Article building with sand and mineral resources (hereinafter referred to as aggregate resources) owned by the State, not because it is attached to land ownership or right to use of different changes.

    Article people's Governments at all levels should protect the sand and gravel resources, strengthening the management, on the principle of overall planning, rational distribution of mining and sustainable development strategies, adhere to the principle of the social, economic and environmental benefits.

    Fifth of municipal land and resources administrative departments is the supervision and management of sand mining sector, organize the implementation of these measures.

    The County (City) land and resources administrative departments responsible for supervision and administration of sand exploitation in their administrative areas.

    Water supplies, safety, environmental protection, forestry and grasslands, public security and other relevant departments shall, in accordance with their respective responsibilities do supervision and administration of sand exploitation.

    , Stone resources, sixth article of the mining right, unless prohibited by the State, as well as special cases, are the Department of land resources in the city administration through bidding, auction and listing of paid transfer. Article seventh Chief of land and resources departments should be based on the land use planning and mineral resources protection and utilization planning organization and stone resources and mining rights bidding, auction and listing transfer programme.

    Among them, within the river gravel mining right transfer, land and resources administrative departments and water conservancy administrative departments, preparation of the implementation programme, implemented by the land and resources administrative departments granting water administrative authorities involved in the transfer. Through bidding, auction and listing in the process of transferring mining right required a variety of contracts, notices, documents and other texts, were executed in the country about formatting text.

    Relevant authorities may be supplemented with cities.

    Involves related business, including forest, grassland, and by relevant departments according to law.

    Article eighth mining rights bidders, bidders shall conform to the national requirements of qualification and eligibility requirements.

    Mining rights bidders, bidders in accordance with the requirement to pay after the bidding, bid bond, could take part in the transfer of mining rights activities fails to pay, as a waiver. Nineth determined to sell mining rights the winning bidder, competitive people, land and resources administrative departments should work with the winning bidder, competitive people signed a letter of confirmation.

    The winning bidder, bid fails to sign, the winning bidder, bid results invalid, of tendering and bidding deposit paid will not be refunded.

    Article tenth sold after the end of mining activities, land and resources administrative departments shall, within 10 working days the bid, bid results in designated places, media reported.

    11th winning bidder, bid provided false documents to conceal facts and maliciously and to the land and resources administrative departments or members of the Evaluation Committee and bribery or other illegal means to bid or bid, bid, bid results invalid, of tendering and bidding deposit paid will not be refunded.

    Land and resources administrative departments shall, in accordance with article 12th letter of confirmation by the appointed time for the winning bidder, acquired a people registration, issuance of mining permits and protection of the winning bidder, acquired legitimate rights and interests according to law.

    13th land and resources administrative departments responsible for mining rights bidding, auction and listing archives, archives include the bidders, the bid evaluation Committee, the winning bidder, bidder and acquired a basic human condition, sale process, bid, bid results, and should be informed of water supplies, industry and commerce, taxation, environmental protection and other sectors.

    14th gravel resource extraction who shall be paid in accordance with the regulations of the State tax, value added tax, compensation fees for mineral resources and mining right fee and mining right cost involved in river gravel mining and management of sand resources fee shall be paid.

    Pay all taxes and duties prescribed in the preceding paragraph, are included in the transfer of mining rights to the opening price, one-time charge by the municipal government.

    15th mining rights mining rights and land approval procedures, should also be safety, public security, water supplies, industry and commerce, taxation and other departments for safety production license, mining permits, explosive use permits and business licenses and other procedures. 16th mining permit implementation of the inspection system.

    Without the surveillance or inspection failed to revoke mining licenses, land and resources Administrative Department shall revoke, revoke mining permit notification within 5 working days from the date of the relevant departments, and from its registration or revoke its business license revoked.

    Forgery, fraudulent use of a mining license is strictly prohibited.

    17th the following regional ban for sand resource areas:

    (A) designated nature reserve, country, province, city, important scenic areas, immovable historical monuments, places of interest, place of geological heritage;

    (B) provides for the establishment of protected areas water utilities;

    (C) railway, important limits on both sides of Highway geological disaster-prone areas;

    (D) threaten adjacent mine safety and other areas directly endanger people's lives and property by the State;

    (E) national defense outlining the scope of the project;

    (Vi) national planning exploration areas;

    (G) exploration area of the work had not been completed;

    (H) the State regulations do not allow exploitation of construction sand and gravel resources in other regions.

    18th gravel exploitation of resources should implement large-scale, intensive, improve the comprehensive use of resources. Building sand resource-rich counties (cities), mining, annual production capacity of 100,000 cubic metres more than most counties (cities), the annual production capacity of mining field should be more than 60,000 cubic meters.

    Focus building stone quarry of origin an annual production capacity of 150,000 cubic meters more than most counties (cities), the annual production capacity of mining field should be more than 60,000 cubic meters. The scale of production in more than 300,000 cubic metres of new gravel quarries, pay survey by the municipal government.

    After the paid transfer of mining rights, advance payment of proceeds after the Municipal Fund, with mines in the County by the city (municipality), district or village-level collective economic organizations rational allocation of residual income.

    19th in the term mining license change name, mining rights, mining and mining areas, it shall be reported to the Ministry of land and resources departments agree, re-issuance of mining permits and related procedures.

    Article 20th mining licenses and go through the relevant formalities, construction of mining right shall begin within 6 months.

    21st gravel exploitation of resources should implement the basic national policy of protecting natural resources and the ecological environment, insist on exploitation and protection, investment and benefit from one of the principle. Sand mining should use advanced technology and advanced processes, equipment.

    Mining enterprises shall not cross mine. Mining right protection obligations must be fulfilled. Mining right received mining licenses, submitted to the land and resources administrative departments in accordance with State mining geological environmental protection and control programmes, sign the mines geological environment restoration contract.

    Mining right (except for River sand resources and mining rights within the context of people) signing the contract at the same time, it shall also deposit mining geological environment control restoration margin (hereinafter referred to as margin).

    Relevant departments shall provide services and information at home and abroad, helping entrepreneurs to develop. 22nd gravel resources mining and environmental protection facilities, and soil and water conservation facilities as well as production facilities must be the principal part of the project design, construction and use.

    Tailings from produce according to regulations should be stacked and scientific treatment, prevent pollution and damage to the environment. Geological environment of mining right stage or complete, may apply for inspection and acceptance. Departments of land and resources and Water Affairs administrative departments shall, in accordance with individual acceptance by statutory authority, depending on the mining sector.

    Acceptance, return the deposited margin and interest group; the unqualified acceptance, not refundable, above the county level by the land and resources department or Department of water administration of the respective organizational governance, overhead expenses paid from the deposit, not enough to pay for partially borne by the mining rights.

    23rd mining right in mine construction and exploitation activities found in the cultural relics and historic sites, a new mineral, animal and plant fossils and geological relics or rare geological phenomenon, should be protected and to immediately report to the relevant authorities. Mining enterprises shall, in accordance with article 24th mine production safety management regulations.

    Mining area boundary markers should be set up; sand for construction enterprises should set up a full range of visible warning signs and safety fences.

    Closure of mining area shall, in accordance with national regulations and approval procedures, safety, soil conservation and land reclamation, environmental protection and reclamation of work or pay the environmental cost.

    25th levels of administrations and village-level collective economic organizations without authorization to sell stone resources, private gravel pits, by the city and County (City) and district people's Government ordered to correct by discipline, supervision organs at all levels of its main heads and related personnel implementing the accountability system, the seriousness of sanctions; a suspected crime, handed over to judicial organs for handling.

    26th under any of the following acts, by the city and County (City) departments of land and resources in accordance with the statutory authority of the People's Republic of China mineral resources law and the regulations on the management of mineral resources in Heilongjiang province punished; a suspected crime, handed over to judicial organs for handling.

    (A) sell, lease or otherwise transfer of mineral resources;

    (B) the mined sand and gravel resources without authorization has not obtained mining license;

    (C) unauthorized transfer of mining rights;

    (D) the forgery, fraudulent use of a mining license;

    (E) exceeds the allotted time is not mine;

    (Vi) not complying with the provisions of mining license annual inspection procedures;

    (VII) destruction or unauthorized movement area boundary markers and signs on the ground;
(VIII) the layer, transboundary mining;

    (I) the person not complying with the provisions of the mining right closed.

    27th land resources and associated sand resources management staff of dereliction of duty, abuse of authority or who, given administrative sanctions in law by his entity or his upper level organs. 28th a party refuses to accept the decision on administrative penalty may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law. Administrative reconsideration or administrative proceedings, administrative penalty does not stop execution.

    Party fails to apply for administrative reconsideration or bring an administrative suit nor implements the decision on administrative penalty, made the decision on administrative penalty of administrative authorities shall apply to the people's Court for compulsory execution.

    Article 29th of this approach by the municipal people's Government is responsible for the interpretation. 30th article this way come into force July 7, 2010. The relevant provisions are in contravention of these rules in the past, according to the provisions of these measures.