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The Integration Of Coal Resources In Shanxi Province And Paid Use

Original Language Title: 山西省煤炭资源整合和有偿使用办法

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(Adopted at the 66th ordinary meeting of the People's Government of San Francisco on 21 February 2006 by Decree No. 187 of 28 February 2006 on the date of publication)

Chapter I General
Article 1, in order to increase the concentration of coal industry, enhance the protection and rational development of coal resources, preserve the rights and interests of all persons in the mineral resource countries, and develop this approach in line with the relevant laws, regulations, such as the People's Republic of China Mineral Resources Act.
Article 2
The integration of coal resources should uphold the principles of scientific planning, laging, clear property rights, resources/reservation commensurate with the scale of production and service years.
The principle of openness, equity and justice should be adhered to forfeiture of coal resources.
Article 4
The relevant executive authorities at the district level shall perform the following duties:
(i) The territorial resource sector is responsible for the integration of coal resources and for the coordination of organizations that are responsible for the use of compensation, and is responsible for the verification of coal resources/reservation, processing of changes in mining rights, and levying mining rights;
(ii) The coal industry sector is responsible for the approval of the coal mining production capacity and is responsible for the initial design of the post-recognition construction project, the completion of the harvest and the processing of licences for coal production;
(iii) The coal mine safety inspectorate is responsible for the design review, completion inspection, clearance of the safety conditions for the production of mines, and for the safe production of a licence;
(iv) The business sector is responsible for the review of the composition of the company that has changed after the integration of the mining owner and for pre-approved and registered in accordance with the law;
(v) The financial sector is responsible for regulating the entry of mining rights payments, which will be transferred to national shares and national capital funds with the land resources sector;
(vi) The State asset monitoring authority responsible for regulating the transfer of State shares and national capital bonds;
(vii) The executive inspectorate is responsible for monitoring the performance of the duties of the executive branch and its staff in the area of integration of coal resources and paid use.
Chapter II Integration of coal resources
Article 5 Harmonization of coal resources means the consolidation of well-grounds of two coal mines and the consolidation of resources/reservations that have closed coal mines and their sporads, the achievement of uniform planning, the enhancement of integrated capabilities such as production, technology, safety and security of mines, and the closure of coal mines that are not subject to security conditions.
Harmonization of coal resources can take, for example, acquisitions, mergers and participation units.
Large-scale enterprises are encouraged to participate in the integration of coal resources and to form and develop large enterprise groups.
Article 7 has one of the following cases of coal mines (minals), which should be closed and their resources are integrated:
(i) An estimated 90,000 tons of production capacity approved by major coal districts;
(ii) The evidence is incomplete;
(iii) Restructuring does not have security conditions of production;
(iv) There is no condition for the reform of coal methods;
(v) Incompatible with environmental requirements;
(vi) It is unreasonable.
Article 8 has one of the coal mines, which should be closed and its resources are not integrated.
(i) Succession of landscapes and protected areas;
(ii) Significant water sources;
(iii) Urban planning areas;
(iv) Transport hub region;
(v) Other laws, regulations.
Article 9 shall authorize a production of 300,000 tons of coal or less than one year of coal that has closed coal mines and other gaps/reservations.
The integration of sub-group coal has not been developed as a whole.
Article 10
Article 11. Governments of the population at the district level should prepare, in accordance with the principle of resource integration, work programmes for the integration and reimbursable use of coal resources, and report to the Provincial Government on a case-by-step basis.
The Government of the communes should bring about the integration of proposed coal resources and the use of paid work programmes to society.
Article 12. The Government of the Provincial People shall, within 15 days of receipt of the work programme for the integration of coal resources and the use of compensation, entrust the Territorial Resources Unit with the coal industry sector and provincial coal safety inspectorate, organize expert opinions and provide advice.
The integration of coal resources and the use of paid work programmes are carried out with the approval of the Provincial Government.
The Government of the people at the district level should publish the approved programme of work on the integration and compensation of coal resources.
Article 13, Integration of coal resources and the provision of compensation for the use of work programmes approved by the Government of the Provincial People, determines the closure of the mined wells, shall be revoked or recovered by the relevant departments of the province within 30 days of the date of the programme's approval and closed by the Government of the District. To integrate the wells available for adaptation, all equipment, facilities are to be dismantled and dedicated to the use or destruction of the design.
Article 14. The mining of coal after the integration of coal resources must be carried out with the safety conditions established by the laws, regulations and regulations governing the production of one mine, two security exports, all-fams. For historical reasons, there is no integration of geological formations as a wells, which are determined by the territorial resource sector of the province by the Government of the province of coal industry and by the security inspectorate, and by the territorial resource sector.
There is no less than 75 per cent replication rate in the highly coal pyrethroids, less than 80 per cent and less than 85 per cent.
The mining licence, a licence for the safe production of coal, a licence for coal production, a licence for the operation of a corporate legal person, and a licence for the company's minerals shall be obtained by the licensor and a certificate of safety of the mine chief.
Chapter III
Article 16 Reimbursement for coal resources refers to mining rights obtained through administrative approval and, in addition to the payment of mining royalties, shall also pay mining rights in accordance with the law.
In the context of resource integration, gaps that are appropriate for open competition or those that have closed coal mines should be made in a manner that is openly competitive.
Article 17 Mining power payments are charged by the territorial resource sector of the county-level people.
The criteria for the collection of a mining power price are shown in the appendix; the Government of the province can adjust the mining power price by market conditions.
Article 18 Refers of mining rights collected by the territorial resource sector of the communes of the communes, according to the provincial, municipal, district and district 3,3:5 percentage distribution, and the resource integration process through open competitive bidding for mining rights collected by the mining power.
Mining royalties collected by the territorial resource sector of the county-level people should be paid to the same-ranking financial exclusives and be paid by the treasury Government's financial sector in accordance with the preceding paragraph, respectively, to the provinces and to the city's capitals.
Article 19 Resources/reservations that do not integrate coal mines and post-coordinated coal mines shall be tested by a qualified intermediary and report on resource/reservation tests. The resource/reservation test report should be verified by the local land resource sector of the Government of the communes in the established area and reported on the Land Resources Sector of the Government of the province as the basis for the payment of mining rights.
In the case of verification of the resource/reservation test reports from the intermediary's institutions, the municipality's land resources sector should organize expert evaluations.
The resource/reservation test reports from intermediaries should be authentic and reliable.
Article 20 provides that mining rights payments may be made in monetary terms, converted to national shares and converted to national capital funds.
Article 21 consists of coal, a third focus coal, fertile coal, smelting coal (at wasting, poverty wasting coal, fertilizer coal), non-smoking resources/reservations for coal and coal from 8 million tons, high-quality coal (soft), gas coal and its coal resources/ Reservations were made for less than 1 million tons of coal, and the mining value payments should be made in monetary terms, and the standard once was determined and the price was paid once.
In addition to coal mines other than the preceding paragraph, the quantity of resources/reservation and sub-paragraphs are granted, and the price is implemented in accordance with the criteria published by the Government of the Provincial People.
Article 21, paragraph 2, of this approach provides that coal mining rights may be converted to national shares and national capital funds in accordance with the relevant provisions.
Article 23. The power of the Government of the more than the population at the district level to convert the mining power price to the State's own shares and national capital bonds is governed by the existing national asset management system.
Article 24 Mining power payments should be included in the same-tier financial budget management.
Mining power payments received from the provincial and municipal governments are allocated mainly for mineral resource mapping, protection and management.
The territorial Government allocates the mining value earned, mainly for the closure of legal mined wells during the integration of coal resources and the geological ecological environmental governance of villages covered by coal mining enterprises.
Chapter IV Oversight inspection
Article 25
Oversight inspections can take a form of joint law enforcement.
Article 26
Chapter V Legal responsibility
Article 27, in violation of article 13 of this approach, establishes that the closure of the mines is not closed or has not reached the closure criteria, and is administratively disposed of by the executive inspectorate against the main heads of the Principal Government, the heads of direct supervisors and the associated responsibilities.
Article 28, in violation of article 19 of this approach, provides for false testing reports by intermediaries, warnings by the territorial resource sector of the Government of more than the people at the district level, whose conduct is recorded in the enterprise's poor information and can be published in the relevant media. In the event of serious circumstances, the State concerned has removed its relevant qualifications. Crime constituted criminal liability by law.
Article 29 principals of coal mines and other relevant personnel obstruct the integration of coal resources, in violation of the provisions of the relevant laws and regulations governing the management of the security sector, which is dealt with by law by the public security authorities; and criminal responsibility is lawfully prosecuted in the form of an offence.
Article 33, Private fraud, negligence and abuse of authority by executive organs and their staff in coal resource integration and paid use, have not been criminalized by law, and criminal responsibility is lawful.
Annex VI
Article 31 provides for the integration of resources from non- coal mines and the use of paid work.
Article 32 is implemented since the date of publication.

Appendix: criteria for collection of mining rights in 2006
(i) Focus coal, 1/3 anxie coal, fertilizer: 3.80/tons;
(ii) Toxify coal (tingo, manoeating coal, fertilizer coal): 3.10/tons;
(iii) No cigarette: 3.30/tons;
(iv) Poverty coal: 2.70/tons;
(v) Quality power coal (soft), gas: $1.50/ton;
(vi) Other coal species: US$ 1.30/ton.