Mining Geological Environmental Protection Provisions

Original Language Title: 矿山地质环境保护规定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Get a Day Pass for only USD$19.99.
Mining geological environmental protection provisions

    (March 2, 2009 Ministry of land and resources announced as of May 1, 2009, 44th) Chapter I General provisions

    First to protect the geological environment, reducing mine geological environment damage caused by mineral resources exploration and exploitation activities, protect people's lives and property safety, promote rational development and utilization of mineral resources and the coordinated development of economy, society, resources, environment, in accordance with the People's Republic of China Law on mineral resources, and the geological hazard control Ordinance, these rules are formulated.

    Article caused by mineral resources exploration and exploitation activities, such as mining ground subsidence, ground cracks and collapses, landslides, destruction of aquifers and landform landscape damage prevention and rehabilitation, these provisions shall apply.

    Land reclamation in mining mineral resources involved, in accordance with national laws and regulations relating to land reclamation.

    Article of mine geological environment, insist on putting prevention first and combining prevention, who develops protection, who destroyed pays, the principle of who invest and who benefited.

    The fourth Ministry of land and resources is responsible for mine geological environment protection in the country.

    Local land and resources administrative departments at and above the county level shall be responsible for the region's mining geological environmental protection work.

    The fifth State encourages research on mining geological environmental protection science and technology, popularize the knowledge of science and technology, dissemination of advanced technologies and methods to develop technical standards, improving the level of science and technology of mining geological environmental protection.

    Sixth the State encourages enterprises, social groups or individuals to invest, to closed or abandoned mines rehabilitation of the geological environment.

    The seventh article of any units and individuals against violations of mine geological environment has the right to impeach and accuse.

    Chapter II plan

    Eighth Ministry of land and resources is responsible for the national mine geological environment survey and assessment work.

    The provinces, autonomous regions and municipalities directly under the Ministry of land and resources administrative departments are responsible for mine geological environment survey and assessment work within their respective administrative areas.

    City and county administrative departments of land resources according to the actual situation of the region and administrative area of the mine geological environment survey and assessment work.

    Nineth Ministry of land and resources according to the national survey on mining geological environment evaluation results, preparation of the national plan for mine geological environment.

    The provinces, autonomous regions and municipalities directly under the Ministry of land and resources administrative departments according to the national mining geological environmental protection plan, combined with the administration of mining geological environment survey and assessment results, preparation of the provinces, autonomous regions and municipalities directly under the planning of mining geological environmental protection, after examination by the Ministry of land and resources, people's Governments of provinces, autonomous regions and municipalities for approval before implementation.

    City and County mining geological environmental protection planning and approval by provinces, autonomous regions and municipalities directly under the administration of land and resources department.

    Article tenth mining geological environmental protection plan shall include the following information:

    (A) the present situation and development trend of mine geological environment;

    (B) the guiding ideology, principles and objectives of mining geological environment;

    (C) the main task of mining geological environmental protection;

    (D) the focus of mining geological environmental protection engineering;

    (E) planning to implement safeguards.

    11th mining geological environmental protection plan shall conform to the mineral resources planning and land-use planning and geological disaster prevention planning, coordination.

    Chapter III rehabilitation

    12th when applicants apply for a mining license of the mining right, shall prepare a mining geological environmental protection and control of the rehabilitation programme, have the right of approval approval of the Administrative Department of land and resources.

    Mining geological environmental protection and control of the rehabilitation programme shall include the following information:

    (A) basic conditions of mine;

    (B) current situation of mining geological environment;

    (C) the analysis on mining geological environmental impacts assessment (including risk assessment of geological hazards);

    (D) measures for the rehabilitation of mining geological environmental protection and control;

    (E) the mine geo-environment monitoring programmes;

    (F) mining geological environmental protection and control in project estimates;

    (VII) deposit mining geological environmental protection and control in restoring security undertaking.

    In accordance with the provisions of the preceding paragraph has been programming of mining geological environmental protection and control in recovery, is no longer a separate risk assessment of geological hazards.

    13th mining geological environmental protection and control unit of the rehabilitation programme shall meet the following conditions:

    (A) the geological calamity dangerous assessment qualification or qualifications for geological hazard control engineering survey, design and performance;

    (B) after the Ministry of land and resources mining geological environmental protection and rehabilitation training for programming and qualified professionals.

    14th mining rights mining geological environmental protection and control of the rehabilitation programme has been produced of the applicant, or the preparation of mining geological environmental protection and control of rehabilitation programmes do not meet the requirements, has approved land and resource Administrative Department shall inform the applicant of the right correction; fails to rectify the inadmissible his application for mining rights.

    15th mining right to expand production scale, change of mining areas or mining should be reworked mining geological environmental protection and control of the rehabilitation programme, and the original approval authority.

    16th mining right shall strictly follow the approval of mining geological environmental protection and rehabilitation programmes.

    Mining geological environmental protection and control in project design and construction should be synchronized with mining activities.

    17th mining geological environmental damage caused by mining mineral resources, the mining right is responsible for rehabilitation, rehabilitation costs included in the cost of production.

    Responsible for the rehabilitation of mine geological environment lost, location of the mines of city and county administrative departments of land and resources, used by the city and county governments approved the establishment of the Special Fund for rehabilitation of the Government.

    Ministry of land and resources, the provinces, autonomous regions and municipalities directly under the Ministry of land and resources administrative departments based on mining geological environmental protection plan, in accordance with the request of mining geological environment control project management system, city and county administrative departments of land and resources to give financial assistance.

    18th mining right shall, in accordance with relevant State regulations, deposit mining geological environment control restoration margin. Standards of mining geological environment control restoration margin deposit and deposit methods, in accordance with the regulations of the provinces, autonomous regions and municipalities directly under the.

    Mining geological environment control restoration margin deposited amount shall not be less than the cost of rehabilitation of mine geological environment.

    Rehabilitation of mine geological environment guarantee compliance with corporate ownership, government regulation, account stores, the principle of earmarking.

    19th mining rights under mining geological environmental protection and rehabilitation programmes carried out at the request of mining geological environment control restoration obligations, acceptance by relevant departments of land and resources administration organizations, obligations to return the appropriate amount of mining geological environment control restoration margin and interest.

    People failing to complete the rehabilitation of mine geological environment of mining rights obligations or does not meet the requirements of mining geological environmental protection and control in rehabilitation programmes, experience fail to pass, relating to land and resources administrative departments shall order mining right time to perform mining geological environment control restoration obligations.

    20th due to the mining area, minerals or mining change, standard paid for mining right shall, in accordance with the revised mining geological environment control restoration margin.

    Article 21st mining geological environment control is restored, on mining sites that have ornamental value, value in scientific research, the State encourages the development of mining Park.

    National mine Park consists of province, autonomous region, municipality directly under the administration of land and resources departments to declare, by the Ministry of land and resources approved and published.

    22nd national mine Park shall meet the following conditions:

    (A) the unique genetic type of ore deposit in China and has a classic, rare and scientific value of mining sites;

    (B) after recovery of mine geological environment treatment in abandoned mines or parts of mines;

    (C) the natural environment, culture has a long history of mining industry;

    (D) the superior location, popular science infrastructure improvement, tourism potential;

    (E) land ownership clear, overall planning of mine Park scientific and reasonable. The 23rd before mine closure, shall complete the rehabilitation of mine geological environment of mining rights obligations.

    When people apply for the closure of the mining right shall be subject to acceptance by the Administrative Department of land and resources, and to submit verification documents, after they have been audited, return of mining geological environment control restoration margin.

    Fails to perform rehabilitation obligations restore still does not meet requirements of or governance, land and resources administrative departments use the rehabilitation of mine geological environment of mining right pay security organization governance, borne by the mining right management insufficient funds. 24th article transfer of mining rights, the obligation of transfer of mining geological environmental protection and control in recovery.

    Mining rights shall be in accordance with these provisions, implementation of mining geological environmental protection and control in recovery obligations.

    25th to trenching, pitting exploration of mineral resources, exploration right after the end of mineral exploration activities have not yet applied for mining rights, appropriate rehabilitation measures should be taken, on its legacy of mineral resources exploration drilling, exploration wells, backfill the trench, tunnel, closed, the formation of dangerous rocks, dangerous slope for rehabilitation, eliminate security risks.

    Supervision and administration of the fourth chapter

    26th land and resources administrative departments above the county level performance of the mining right mining geological environmental protection and rehabilitation obligations for supervision and inspection.

    Relevant responsible persons shall cooperate with the competent land and resources administrative departments at or above the county level of supervision and inspection, and provide the necessary information to objectively reflect the situation.

    27th land and resource administration departments at or above the county level should be established within the administrative area of the mine geo-environment monitoring system, a sound monitoring network, dynamic monitoring of mining geological environment, guide and supervise the mining right mining geological environment monitoring.

    Mining right shall regularly to the location of the mine geologic environment of land and resources administrative departments at the county level report, submission of monitoring data.

    Land and resources administrative departments at the county level summary of mining geological environment monitoring data should be regularly reported to the competent administrative departments of land and resources at a higher level.

    28th land and resources administrative departments at and above the county level while performing their duties of supervision and inspection of mining geological environmental protection and right of mining geological environmental protection and rehabilitation programmes of rehabilitation measures and mine geological environment monitoring by on-site inspections, violations of the provisions of this Act have the right to stop and investigate and punish according to law.

    29th geologic environment of mining mineral resources activities, such as emergency, such liability shall take emergency measures, and to immediately report to the local people's Government.

    The fifth chapter legal liability

    30th article violation this provides, should prepared mine geological environmental protection and governance recovery programme and not prepared of, or expanded mining scale, and change mine range or mining way, not again prepared mine geological environmental protection and governance recovery programme and by original approval organ approved of, by County above land resources administrative competent sector ordered deadline corrected; late not corrected of, at 30,000 yuan following of fine, issued mining license of land resources administrative competent sector shall not through its mining license annual.

    31st article violation this provides 16th article, and 23rd article provides, not according to approved of mine geological environmental protection and governance recovery programme governance of, or in mine was approved close, and closed pit Qian not completed governance recovery of, by County above land resources administrative competent sector ordered deadline corrected; late refused to corrected of, at 30,000 yuan following of fine, 5 years within not accepted its new of mining right application. 32nd in violation of the provisions of article 18th, is not paid on time of mining geological environment control restoration margin, land and resources administration departments at or above the county level ordered to deposit fails to pay, fined not more than RMB 30,000 yuan.

    Mining permits shall be issued through its mining activities, land and resources administrative departments shall not annual reports does not handle applications for mining rights continue to change.

    33rd in violation of the provisions of article 25th, exploration rights and rehabilitation measures taken by people, the land and resources administrative departments above the county level shall order correction within limit; it refuses to, fined not more than RMB 30,000 yuan, will not be accepted within 5 years of its applications for new exploration rights and mining rights.

    34th in violation of this provision, disrupt, hinder mining geological environmental protection and control in recovery efforts, seize, damage, damaged mining geological environment monitoring facilities or mining geological environmental protection and control of recovery facilities, land and resources administration departments at or above the county level shall be ordered to desist from the illegal act, restitution or take remedial measures of limited duration, and a fine of up to 30,000 yuan constitutes a crime, criminal responsibility shall be investigated according to law.

    Land and resource administration departments at or above the county level article 35th who violate this provision, in the supervision and administration of mining geological environmental protection and control in recovery in negligence, abuse, deception, those responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    The sixth chapter supplementary articles

    36th before the implementation of these provisions has been built and under construction mining, mining rights shall be prepared in accordance with the mining geological environmental protection and rehabilitation programmes, mining licence shall be submitted to the original examination and approval authority for approval and deposit mining geological environment control restoration margin. 37th article of the regulations come into force on May 1, 2009.

Related Laws