Administrative Measures For The Rehabilitation Of Mine Geological Environment In Anhui Province Margin

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

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(November 26, 2007 Executive meeting of the Anhui provincial people's Government, the 59th on December 6, 2007, Anhui provincial government order No. 206, published as of January 1, 2008) first to standardize the mining geological environment control margin deposit, use and management to ensure rehabilitation of mine geological environment, mine geological environment in Anhui Province, according to the relevant provisions of the Ordinance, combined with the facts of the province, these measures are formulated.
    Second article this regulation is applicable in the province within the administrative area of mining geological environment control restoration margin (hereinafter Security) deposit, use and management.
    Article mining of mineral resources and mining rights within the administrative area of the province and shall, in accordance with the regulations deposited margin.
    Article fourth counties (including County-level cities, the same below), local people's Governments at or above margin deposit, use and management should be strengthened leadership, coordinate and solve the problem in earnest money deposit, using.
    Fifth deposit and interest are mining right all, earmarked for rehabilitation of mine geological environment.
    Mine geological environment management in mining rights in discharging his obligations upon the acceptance of mining geological environment control restoration works, return the deposited margin and interest according to law.
    Sixth article according to not below governance recovery costs of principles, according to mining mine species, and mine registration area, and mining way, and mining license remaining years, factors integrated determine margin, specific calculation formula for: should deposit margin amount = units area deposit standard x mine registration area x mining way effect coefficient x area effect coefficient (according to progressive business calculation) x mining license remaining years (remaining years insufficient 1 years of, by 1 years calculation) margin deposit standard and the effect coefficient see annex.
    Influence coefficient of margin deposit standard, adjusted by provincial departments of land and resources administration, in conjunction with the competent financial administrative departments, submitted to the provincial people's Government for approval before implementation.
    Article seventh mining area in county administrative areas, by County, where the mine land and resources administrative departments responsible for the margin deposit.
    Area above the county level administrative division, jointly by the involved administrative areas level people's Government administrative departments in charge of land and resources on deposit and deposit.
    For large enterprises, the provincial land and resources administrative departments in charge of margin deposit.
    Article eighth margin accounts, by the mining rights in land and resources administrative departments in charge of deposit designated by the competent financial administrative departments at banks.
    Before Nineth mining from people receiving mining the permit shall be made to the mining registration certificate issued by the mines geological environment treatment rehabilitation and deposits paid into the deed of commitment, in accordance with the mining deposit amounts and payment terms approved by the registration authority will deposit a margin account.
    Mining permit issued by the Ministry of land and resources, mining right pay security deposit amounts and payment terms approved by the provincial departments of land and resources administration.
    The mines geological environment treatment recovery and bond payment undertaking style developed by the provincial departments of land and resources administration.
    One-off payment and installment payment article tenth margin in two ways.
    Mining license valid for 3 years (including 3 years), mining rights shall be a one-time full payment security.
    Mining licence is valid for more than 3 years, you can deposit margin in phases, and for 10 years (10 years), the amount paid is not less than the total amount paid for the first time 40%; for more than 10 years, the amount paid is not less than the total amount paid for the first time 20%; the balance of the yearly average deposit and mining permit before the expiration of period 1 year fully paid up.
    11th mining right to expand production scale, change of mining areas or mining, mining rights shall be registered with the mining authorities again issued the mine geo-environment rehabilitation and deposits paid into the deed of commitment, and press again the margin deposit and term deposit bond.
    12th of mining right transfer of mining right, the contract of assignment should be expressly agreed upon in security deposit and interest transferred to the transferee, and again by the assignee to the mining registration authority issued by the mines geological environment treatment rehabilitation and deposits paid into the deed of commitment, bear the mines geological environment restoration obligations. 13th article law by land resources administrative competent sector organization acceptance of mine geological environment governance recovery engineering, its margin according to following provides returned: (a) one-time governance finished, acceptance qualified of, since acceptance qualified of day up 20 a days within, by land resources administrative competent sector with financial administrative competent sector, will mining right people deposit of margin and the interest full returned mining right people; (ii) according to approved of mine geological environmental protection and comprehensive programme segment, and staging governance,
    The governance and acceptance of works within 20 working days of the date of acceptance, the Department of land and resources administration in conjunction with the competent financial administrative departments, area of interest should be paid into the deposit and return of the mining right.
    Department of mining rights on land and resources administration organizations and acceptance of mining geological environment control project disagrees with the conclusions, may apply for administrative reconsideration or bring an administrative suit. 14th article according to about legal, and administrative regulations provides, by mining right people organization acceptance of mine geological environment governance recovery engineering, its margin according to following provides returned: (a) one-time governance finished, acceptance qualified of, since acceptance qualified of day up 20 a days within, by land resources administrative competent sector with financial administrative competent sector, will mining right people deposit margin of 90% returned mining right people; (ii) according to approved of mine geological environmental protection and comprehensive programme segment, and staging governance,
    The governance and acceptance of works within 20 working days of the date of acceptance, the Department of land and resources administrative departments financial administration, the return of the area should be paid into the deposit of 80% mining right. Approval of mining geological environment of mining property rehabilitation projects, land and resources administrative departments shall participate in.
    Works within 3 years from the date of acceptance, for the engineering quality of the observation period, no quality problems during the observation period, return of mining right margin balances and interest in full. 15th article in mine geological environment governance recovery engineering of governance process in the, has following case one of of, mining right people can to land resources administrative competent sector application extraction part margin: (a) one-time governance, governance costs over 10 million yuan of, can extraction of margin amount not over has deposit total of 50%; (ii) according to approved of mine geological environmental protection and comprehensive programme segment, and staging governance, governance costs over 5 million yuan of,
    Can be extracted from the margin of the total deposit amount is not more than 65%.
    Department of land and resources administration since receiving the extract deposits within 20 working days from the date of the application, shall, together with the competent financial administrative departments to audit; extraction of disapproving, shall state the reasons in writing. 16th return bond extracted or granted bond, land and resources Administrative Department shall, in conjunction with the competent financial administrative departments notify paid into the deposit Bank.
    After the Bank receives written notice before they can handle the security deposit return and extract business. Article 17th mining geological environment of mining rights to undermine refused to governance, interest on the deposited margin and not returning, land and resources administrative departments responsible for the payment of organizational governance, governance costs from the security deposit and interest expenses.
    Security deposit and interest is insufficient to cover the cost of treatment, the mining right up. Land and resources administrative departments of rehabilitation of mine geological environment in accordance with the provisions of the preceding paragraph Organization project, shall establish the security deposit and interest expense account.
    Use of mining right fee for access governance.
    Article 18th imposed margin storage, special accounts accounts accounts, no unit or individual may intercept or appropriate or divert.
    Article 19th County land and resources administrative departments of local people's Governments at or above shall, together with the competent administrative departments to establish security supervision and management system of financial, audit, monitoring of the supervision and inspection departments.
    20th article violates these rules, mining rights were paid into the deposit, by the land and resources administrative departments in charge of deposit shall be ordered within a deposit fails to pay, according to the mine geo-environment rehabilitation and margin deposit of commitment agreed, people held mining rights for breach of, and not for mining right transfer, change of registration, continuing the registration formalities.
    21st article violation this approach provides, has following case one of of, on directly is responsible for of competent personnel and other directly responsibility personnel law give administrative sanctions; constitute crime of, law held criminal: (a) not according to deposit standard approved mining right people should deposit margin of; (ii) not according to provides returned or granted extraction margin of; (three) interception, and crowding out, and misappropriated margin of; (four) other abuse, and engages in, and negligence case of.
    22nd before the implementation of these measures for mining licences and mining registration authorities shall, within 2 months from the date of implementation of this approach, notify the mining rights law deposit margin; mining right shall, within 10 working days from the date of receipt of the deposit, to the mining registration authority for approval shall be paid into the deposit amount, and in accordance with this regulation, paid into the deposit.

    23rd these measures come into force on January 1, 2008. Annex: mine geological environment governance recovery margin deposit standard and the effect coefficient table = ┌-the-the-the-the-the-the-the-the ┬ ┬-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the ┬ ┬-the-the-the-the-the-the-the-the-the-the ┐ │ units area │ │ mining way effect coefficient │ │ area effect coefficient │ │ deposit standard │││││├-the-the ┬-the-the-the-the-the ┤ ├-the-the-the-the-the ─┬──┬──┬──┤├───────┬──┤
│    │   标准   ││            │影响│地下│影响││ 矿区登记面积 │影响│
│矿种│(元/平方││  露天开采  │    │    │    ││              │    │

│    │ 米・年) ││            │系数│开采│系数││S(平方公里) │系数│
├──┼─────┤├──────┼──┼──┼──┤├───────┼──┤
│    │          ││自上而下水平│    │充填│    ││              │    │
│    │          ││分层采矿法(│1.2 │采矿│ 0.5││   S≤0.05    │1.0 │ │    │2.0(其中 ││自然排水)  │    │法  │    ││              │    │
│能源│煤成气、地│├──────┼──┼──┼──┤├───────┼──┤
│矿产│热0.05)  ││            │    │不允│    ││              │    │
│    │          ││ 露天坑采法 │1.5 │许地│ 0.7││0.05<S≤ 0.1  │0.9 │
│    │          ││(人工排水)│    │表塌│    ││              │    │
│    │          ││            │    │落  │    ││              │    │
├──┼─────┤├──────┼──┼──┼──┤├───────┼──┤
│金属│          ││露天高边坡采│    │允许    │││ 0.1