Administrative Measures On Mining Geological Environment In Xinjiang Uyghur Autonomous Region Rehabilitation Bond

Original Language Title: 新疆维吾尔自治区矿山地质环境治理恢复保证金管理办法

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(April 2, 2008 2nd meeting of Xinjiang Uygur Autonomous Region people's Government considered by people's Government of Xinjiang Uygur Autonomous Region on May 8, 2008, the 155th announced as of October 1, 2008) first in order to strengthen mining geological environmental protection, norms of mining geological environment control restoration margin deposit, use and management, according to the Xinjiang Uygur Autonomous Region geological environmental protection law and other relevant laws and regulations, combined with State practice, these measures are formulated.
    Article engaged in mining activities in the administrative area for the State Mining Authority, shall comply with rehabilitation of mine geological environment obligations as provided herein, deposited mine geological environment treatment restored the margin.
    Rehabilitation of mine geological environment in these measures guarantee (hereinafter referred to as margin), refers to the geologic environment of mining rights to perform rehabilitation obligations paid in spare cash.
    Third margin deposit, use and management, in accordance with mining approval and classification of land and resource administration departments at or above the county level responsible for mining permits shall be issued by the land and resources administrative departments under the State Council, State administrative departments in charge of land and resources. Fourth deposit security deposit Agency Bank, by the provisions of article III of this approach determined by the financial Department of land and resources administrative departments.
    Margin to implement storage, special accounts accounts accounts, no unit or individual may seize and divert. Fifth deposit paid standard, according to mining permit area, period of validity, the exploitation of minerals, mining methods and impact on mining geological environment determine the level and other factors.
    Specific calculations, standards by the financial Department of the State administrative departments in charge of land and resources identified and reported to the municipality for approval purposes.
    Sixth margin deposit can be paid at once or in installments.
    Mining license valid for 3 years (including 3 years) within the mining right shall be a one-time full payment. Mining licence is valid for more than 3 years, and can be paid in stages.
    10 (10) the following first deposit amount of not less than 40% of the total margin; for more than 10 years, first deposit amount of not less than 30% of the total margin; the balance of the yearly average paid and fully paid before the expiration of 1 year in the mining license.
    Article seventh before mining right mining construction, shall hold a mining permit issued by the administrative departments of land and resources paid into the deposit notification proxy bank payment deposits; mining license application to the land and resources administrative departments under the State Council, the applicant shall state land and resources administrative departments at first instance paid into the deposit.
    Eighth Agent Bank mining rights should be the name or names, the amounts paid into the deposit, time, notify the deposited margin call issued by the land and resources administrative departments and the financial sector.
    Before Nineth mining right mining construction, and mining permits shall be issued for land and resources administrative departments signed a mining geological environment control recovery responsibility; mining license application to the land and resources administrative departments under the State Council, the mining right shall, within 60 days from the date of obtaining mining permits, signed with the Department of State land and resources administration of mining geological environment control recovery responsibility.
    In mining, the mining right shall be in conformity with the approved mining geological environmental protection programmes, fulfilment of mining geological environment control restoration obligations.
    The tenth mining license application to the land and resources administrative departments under the State Council, have not been granted, land and resources administrative departments of the autonomous region shall be paid into the deposit and bear interest a full return of the mining rights to the applicant. Mining right in stages or one-time fulfilment of mining geological environment control restoration obligations, may submit to the administrative departments of land and resources provided for in article Nineth application acceptance; acceptance by the administration of land and resources departments of finance, environmental protection, supervision, administrative departments, such as coal and the mines Department.
    Acceptance qualified of, its margin according to following provides returned: (a) implemented points stage governance of, since acceptance qualified of day up 20th within, by land resources administrative competent sector with sibling financial sector, by governance area to mining right people returned margin and the breeding interest; (ii) implemented one-time governance of, since acceptance qualified of day up 20th within, by land resources administrative competent sector with sibling financial sector, will margin and the breeding interest full returned mining right people.
    Acceptance does not meet the standards of rehabilitation, no return of the security deposit, and ordered mining rights prescribed period of recovery.
    11th article in mine geological environment governance recovery process in the, has following case one of of, mining right people can to this approach Nineth article provides of land resources administrative competent sector application extraction part margin: (a) implemented points stage governance, governance costs over should deposit margin total 50% of, can extraction has deposit margin total of 30%; (ii) implemented one-time governance, governance costs over should deposit margin total 50% of, can extraction has deposit margin total of 40%.
    Land and resources administrative departments shall from the date of receiving the application for extraction of margin in the 20th, in conjunction with the financial sector review disagreed with extract, shall state the reasons in writing.
    12th return bond extracted or granted bond, land and resources administrative departments should be informed in writing in conjunction with the financial sector paid into the deposit agent banks, and to receive margin calls issued by the mining right.
    13th change area, mining or mining plant, mining rights shall article Nineth with these measures of mine geological environment in land and resources administrative departments to sign rehabilitation responsibility and according to the approved amount of margin deposit margin again.
    14th of mining right transfer of mining rights according to law, paid into the deposit and may bear interest transferred, vested in the assignee mine geo-environment rehabilitation obligations.
    Margin not to transfer, transfer of mining right shall, in accordance with the approved mining geological environmental protection programmes, fulfilment of mining geological environment control restoration obligations, security deposit in accordance with the tenth provisions of these measures; mining rights to the assignee and Nineth provided these measures of mine geological environment in land and resources administrative departments signed rehabilitation responsibility and paid into the deposit.
    15th to close, closing mines and mining rights shall be closed, closed mines within 6 months from the date of implementation of rehabilitation of mine geological environment obligations; delay, may submit to the administrative departments of land and resources provided for in article Nineth applied for an extension, but extension of not more than 6 months.
    16th section land and resources administrative departments of mining rights should be reasonable development and utilization of mineral resources, rehabilitation of mining geological environment of performance obligations to strengthen supervision and inspection mining rights to the Nineth provisions of these measures shall be submitted to the land and resources administrative departments annual report on mining geological environment control restored.
    17th finance, land and resources Administrative Department of security supervision and management system should be established, and accept the supervision and inspection of auditing and supervision departments. 18th article mining right people not according to geological environmental protection programme perform mine geological environment governance recovery obligations, or by ordered deadline governance recovery Hou still not reached standard of, by this approach Nineth article provides of land resources administrative competent sector with sibling financial sector, notification Agent Bank will its has deposit of margin and the breeding interest designated into financial non-tax into collection households, by land resources administrative competent sector organization governance recovery.
    Rehabilitation expenses exceed the part borne by the mining right; the rest, return of the mining right.
    19th mining geological environmental protection programmes who fails to perform the obligation of rehabilitation of mine geological environment, according to the Xinjiang Uygur Autonomous Region environmental protection regulations will be punished.
    20th article financial, and land resources administrative competent sector violation this approach provides, has following case one of of, on directly is responsible for of competent personnel and other responsibility personnel law give administrative sanctions; constitute crime of, law held criminal: (a) not according to deposit standard approved mining right people should deposit of margin of; (ii) not according to provides returned or granted extraction margin of; (three) occupation, and misappropriated margin of; (four) abuse, and engages in, and negligence of other case.
    21st due to infrastructure or public welfare construction mining and gravel, clay, these measures shall apply.
    22nd article of the rules take effect on October 1, 2008.
                                            Before the implementation of these measures has been the mining right, still in the term mining permits, mining right shall, within 6 months of the implementation of these measures, signed a mining geological environment control in accordance with these measures to restore responsibility and paid into the deposit.

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