The mine manager has to know the new rules for mining

The Ministry of Land and Resources recently issued an announcement to publicly solicit opinions from the Ministry of Land and Resources on the Notice on Improving the Registration and Management of Mineral Resources Exploitation (Consultation Draft).

The draft for comments has been stipulated in three aspects:

The first is to improve the management of the scope of the mining area.

The determination of the scope of the mining area shall be in accordance with the mineral resources planning; it shall be based on the mineral resource reserves report that has been reviewed and recorded. After the scope of the mining area is determined, the registration management agencies at all levels will no longer accept other new mining rights applications within the scope of the mining area. Large-scale mines within the reserved period of the mining area shall not exceed 8 years, and small and medium-sized mines shall not exceed 4 years.

The second is to standardize the mining rights and continue the examination and approval registration management.

The application for mining rights should be qualified as a corporate legal person. Except for three cases, the new mining rights may not overlap with the vertical projection range of the established mining rights. The mining licenses for new and extended mining rights shall, in principle, be given a validity period of 30 years, 20 years and 10 years depending on the size of the mine construction.

The third is to standardize and improve the registration management of mining rights.

The mining right may not be transferred in one of the following circumstances: 1. The transfer of the mining rights is changed; 2. According to the national industrial policy or mineral resources plan, it belongs to the mine that should be closed; 3. According to the relevant national regulations, it belongs to the prohibited mining area. 4. The mining rights during the mortgage period; 5. The mining rights shall be investigated and dealt with by the competent department of land and resources, seized by the court, or notified by the public security, auditing, taxation, procuratorial and other authorities. In principle, the mining rights are not to be scored. If it is necessary to separate due to special reasons such as changes in mining conditions, it shall be in accordance with the division of mining rights. The mining rights of the third type of minerals are not scored.

In addition, the mining right holder may use the mining rights as collateral for its own or third-party debts, and the mining rights may be mortgaged to multiple creditors at the same time, except where prohibited by laws and regulations. The applicant for mining rights is responsible for the authenticity of the application materials provided by him, and if the mining registration is fraudulently obtained by improper means, it will be pursued according to law.

See below for details

I. Improve the management of the scope of mining areas

(1) The scope of a mining area refers to a three-dimensional space area that can be used for mining mineral resources, distribution of well engineering facilities, or open-air stripping. The scope of the mine is determined by delineating the scope of the mine or the mining rights transfer contract. The scope of the designated mining area refers to the administrative action of the registration management authority to review and approve the scope of the mining area proposed by the applicant. The determination of the mining area should be in line with the mineral resources planning.

Where the prospecting right owner applies for mining rights, he shall apply to the registration management authority for demarcation of the mining area. Where the mining right is applied by means of competition, such as bidding, auction, listing, etc., the mining area shall be determined by the registration management authority and the bidder or the agreement to transfer the mining rights contract signed by the applicant. Mining rights applicants report mining registration related information based on the determined mining area.

(2) The determination of the scope of the mining area shall be based on the mineral resource reserves report that has been reviewed and recorded. Large non-coal mines, medium-sized coal mines should reach level of exploration; small and medium non-coal mines, small coal mines should reach detailed investigation of the level and above; the degree of exploration (hereinafter referred to as the "third category Minerals") gravel and clay minerals third category The specific requirements shall be separately stipulated by the competent departments of land and resources of all provinces (autonomous regions and municipalities).

(3) After the scope of the mining area is determined, the registration management agencies at all levels will no longer accept other new applications for mining rights within the scope of the mining area. Large-scale mines within the reserved period of the mining area shall not exceed 8 years, and small and medium-sized mines shall not exceed 4 years. Before the issuance of this notice, the scope of the mining area has been approved. After the expiration of the reservation period, the applicant may apply for a continuation of the reserved period of the mining area. The period of the reservation shall not exceed 5 years from the expiration date, and the small and medium-sized mines shall not exceed 3 year. If the applicant fails to apply for the mining registration formalities within the time limit, it shall be deemed that the application for mining rights will be waived automatically, and the scope of the mining area will not be retained.

If the prospecting right holder fails to complete the preparation of the mining registration requirements within the reserved period of the designated mining area, the scope of the mining area shall be re-applied after the expiration of the reservation period.

(4) If the mining rights have been applied for the expansion of the mining area by the original production system, the applicant shall prepare the reporting requirements in accordance with the expanded mining area. The mining rights of the third type of minerals shall not be applied for expanding the scope of the mining area.

(5) If the prospecting right owner applies for mining rights and applies for multiple minerals within the scope of the applied mining area, the mining area shall be delineated according to the main minerals reported by the mineral resources reserves reviewed and recorded, and the associated resources shall be comprehensively utilized; Where there is a restrictive provision for the comprehensive utilization of the associated resources, it shall be handled in accordance with relevant regulations.

(6) If the prospecting right owner has made a change in the transfer of the exploration right after obtaining the approval of the designated mining area, the transferee of the prospecting right shall submit the exploration permit after the transfer is changed when applying for the mining registration procedure.

(7) Before obtaining the mining rights, the prospecting right holder shall apply for the retention of exploration rights in accordance with relevant regulations before the expiration of the validity period of the exploration rights.

(8) If the prospecting right owner intends to apply for mining rights in part of the exploration block, it shall comply with the mining rights setting division and apply for the separation of exploration rights.

Second, standardize mining rights, continue to approve registration management

(9) The application for mining rights shall have the qualification of corporate legal person. If a foreign-invested enterprise applies for the restriction of mining rights of minerals, it shall issue a project approval document with relevant departments. For the application for mining rights in radioactive mineral resources, the project approval documents of the competent authorities of the industry shall be issued.

After obtaining the mining license, the applicant must have other relevant statutory conditions before the mining operation can be carried out.

(10) Applicants for mining rights may prepare or entrust relevant institutions to prepare mineral resources development and utilization plans as required, and the content and assessment shall be in accordance with the relevant provisions of the competent department of land and resources.

(11) Except for the following circumstances, the new mining rights shall not overlap with the vertical projection range of the established mining rights:

1. The same mining right holder.

2. The mining rights of Xinli Oil & Gas ( oil , natural gas , shale gas, coalbed methane) overlap with the existing non-oil and gas mining rights, or the new non-oil and gas mining rights overlap with the existing oil and gas mining rights, the two sides signed a mutual influence. And rights protection agreement.

3. If the Xinli coal mining rights overlap with the established uranium mining rights, or if the Xinli uranium mining rights overlap with the established coal mining rights, the two parties signed an agreement on mutual protection and rights protection.

The contents of mutual non-impact and rights protection agreements include: the establishment of information and data sharing mechanisms between the two parties to ensure safe production and protection of the legitimate rights and interests of both parties. After receiving the mutual influence and rights protection agreement submitted by the applicant, the registration management agency shall make an open disclosure on the portal website and accept social supervision.

(12) The validity period of the newly established and continuation of mining licenses shall be determined in accordance with the Measures for the Administration of Mineral Resources Exploitation Registration (Order No. 241 of the State Council). In principle, the scale of the mine construction shall be given 30 years, 20 years and 10 respectively. Annual validity period. The determination of the validity period of the third type of mineral mining rights shall be separately stipulated by the provincial land and resources authorities.

After the mining right continuation application is approved, its validity period shall begin on the date of the expiration of the original validity period of the mining license.

(13) If the prospecting right owner applies for a mining license, the prospecting right holder shall, at the time of filing the mining registration application, submit an application for the cancellation of the exploration right to the registration management authority, and the registration management authority shall cancel the exploration right at the same time when the mining rights are approved. . If the exploration registration and the mining registration are not in the same registration authority, once the mining rights are approved, the prospecting right holder shall submit the application for the cancellation of the exploration right to the original investigation and registration authority, and obtain the mining license with the notice (certification) of the exploration right cancellation.

(14) If the remaining validity period of the mining license is less than three months, the mining rights registration authority shall scroll the reminder of the mining rights on the portal of the level or higher authority.

(15) Due to the reasons of the government and relevant departments or force majeure, it is impossible to handle the continuation of mining rights according to the normal regulations. After the relevant documents are provided by the applicant, the registration management authority may postpone the period 1 to 2 years according to the actual situation and on the copy of the mining license. Indicate the reason and requirements.

Third, standardize and improve the registration and management of mining rights

(16) Where the transfer of mining rights is changed, the transferee shall apply for the registration of the change of mining rights transfer, and shall have the conditions of the mining right applicant as stipulated in Article (9) of this Notice, and inherit the rights and obligations of the mining right. .

(17) If a state-owned mining enterprise applies for registration of a change in the transfer of mining rights, it shall, with the approval of the relevant competent authority, transfer the approval document for the change of mining rights.

(18) Where the mining rights application for mining total control minerals is applied for continuation or change, the competent department of land and resources at the lower level shall submit written opinions on the allocation and use of the total mining control indicators.

(19) The mining right in one of the following circumstances may not be transferred to the transfer registration:

1. The transfer of part of the mining rights is changed;

2. According to the national industrial policy or mineral resource planning, the mine should be closed;

3. It belongs to the prohibited mining area according to the relevant provisions of the state;

4. The mining rights during the mortgage period;

5. The mining rights shall be investigated and handled by the competent department of land and resources, seized and seized by the court, or notified by the public security, auditing, taxation, procuratorial and other organs not to transfer the changes.

(20) In principle, mining rights shall not be scored. If special reasons such as changes in mining conditions are required to be separated, they shall be in accordance with the division of mining rights. The mining rights of the third type of minerals are not scored.

(21) The people's court shall auction or determine the mining rights to others, and the transferee shall apply for registration of change according to law. The transferee applying for change registration shall have the conditions stipulated in Article 9 of this Notice. The mining rights registration management authority shall handle the change of mining rights registration on the basis of the mining right change application file submitted by the applicant and the people's court assistance execution notice.

(22) If the application for the change of the main types of mining is to be carried out, the relevant resource reserve review and filing documents shall be submitted, and the mining rights transfer income of the newly opened mining species shall be levied in accordance with the agreement transfer method. Mining rights for the third category of minerals are not allowed to change mining. If it is changed to the state to implement the total amount of mining control minerals, it should also comply with the state's relevant macro-control regulations and mining total control requirements, and must be approved by experts and publicized without objection.

(23) If the remaining validity period of the mining license is less than six months and the mining right holder applies for the transfer of the change registration, the transferee shall apply to the registration management authority for further registration.

Fourth, other related issues

(24) The registration management organ shall publicize the information on mining rights in the state of freezing, seizure and seizure by the court, procuratorial, public security and other organs on the portal.

(25) The mining rights mortgage is a market behavior, and the mortgage parties shall negotiate and bear the mortgage risk. The mining right holder may use the mining rights as a collateral for its own or third party debt. Except where prohibited by laws and regulations, mining rights may be mortgaged to multiple creditors at the same time under the condition that the creditors reach an agreement on the compensation relationship.

If both parties to the mining rights need to inquire about the authenticity and validity of the mining rights, they may apply to the registration management authority through the portal of the Ministry of Land and Resources or by means of application information disclosure.

(26) Where the registration management agency is required to provide relevant mortgage services, the mortgagor and the mortgagee of the mining rights may apply to the registration management authority with the mortgage notification document sealed by both parties. After receiving the application, the registration management authority will disclose the relevant information of the mining rights mortgage on the portal website, and mark the mortgage status in the mining rights registration system. After the mining rights mortgage expires, the mortgage status is automatically released.

If the mortgage of the mining right is lifted in advance and the mortgaged parties need the mining rights registration authority to release the state of the mortgage mark in advance, the mortgaged parties shall submit a notice of the release of the mining right mortgage to the mining rights registration authority, and the registration management authority shall perform the mortgage release information on the portal website. Open and release the status of the mining rights mortgage mark.

Where the registration management agency is required to provide relevant mortgage services, the mining rights mortgage period shall be within the validity period of the mining license, and the mining rights shall not be investigated and dealt with by the registration and management authority, and shall not be disclosed in the registration management organ of Article (24) of this Notice. .

(27) The registration management authority shall regularly clean up the overdue mining rights. If the application for renewal is not filed within the validity period and the mining license expires for more than 6 months, the registration management authority shall, after 15 days of publicity on the portal website, have no objection The announcement shall be abolished; if there is any objection, the classification shall be handled and the result shall be announced.

If the mining right is closed and announced by the people's government at or above the county level due to ecological protection, safe production, public interest, and industrial policies during the validity period, the people's government at or above the county level that has made the decision shall file an application for cancellation with the registration authority for mining rights, and register and manage it. The agency will cancel the mining license. Where the mining right is issued at the county level, the county-level registration and management authority shall cancel the mining license according to the closure announcement.

(28) If the mining license is lost or damaged, the mining right holder shall apply for the replacement of the mining license to the original mining rights registration authority to apply for the replacement of the mining license. The mining rights registration authority will reissue the new mining license 30 days after the portal announces the loss statement.

If the mining license is damaged, the mining right holder shall carry the residual part that can be identified as the original mining right license to the original mining rights registration authority to apply for the replacement of the mining license.

The registration of the mining license issued by the mining rights registration authority shall be consistent with the original certificate and the time for replacement shall be indicated.

(29) If the applicant goes through the registration formalities with the mining rights registration authority, it shall issue the original of the enterprise legal person license, the legal representative certificate and the identity card of the person. After verification, the copy may be used as the application requirements; If the person handles it, the client shall issue a written power of attorney and the identity card of the legal representative of the enterprise.

(30) The mining rights registration management authority shall issue a return receipt after receiving the mining rights registration application materials.

Where the applicant needs to supplement the information, the mining rights registration management authority shall notify the applicant in writing to supplement or amend it within a time limit. Applicants for mining rights should submit corrected information within the prescribed time limit. In case of failure to make corrections within the time limit, the mining rights registration authority shall make a decision not to accept or not to grant an administrative license.

If the application for mining rights does not meet the requirements and the mining rights registration authority makes a disapproval or does not grant an administrative license, the data preparation shall be completed within the time specified by the mining registration management authority, and the application for renewal registration shall be re-applied. If the application is made, the mining license will be abolished by itself.

The time required for correction of information and hearings, appraisals, expert review, and correspondence to relevant management authorities shall not be counted in the approval period.

(31) The applicant for mining rights is responsible for the authenticity of the application materials provided; the fraudulent acquisition of mining registration by concealing relevant information, providing false materials or refusing to provide real materials reflecting their activities, once discovered, based on The "Administrative Licensing Law" and other relevant provisions of laws and regulations shall be dealt with; if a crime is constituted, it shall be transferred to the judicial organ for accountability according to law.

(32) The competent departments of land and resources of all provinces (autonomous regions and municipalities) may, in accordance with the actual conditions, formulate specific implementation measures in accordance with the provisions of this Notice. Under the premise of ensuring reasonable layout and protecting the environment, the third type of minerals can be combined with local conditions to formulate separate measures.

(33) This notice shall be implemented as of the date of issuance and shall be valid for five years. Reply to the Issue Concerning the Issuance of Radioactive Mineral Mining Licenses (Guo Tu Zi Fa [1999] No. 262), Notice on Issues Related to Production Exploration in Mining Enterprises (Guo Tu Zi Fa [2002] No. 344), Notice on Regulating the Validity Period of Mining Licenses (Guo Tu Zi Fa [2007] No. 95) and the Notice of the General Office of the Ministry of Land and Resources on Doing a Good Job in the Examination and Approval of the Continuing Examination and Approval of Exploration Rights and Mining Rights (Ministry of Land and Resources, [2008] 144 No.), Notice of the Ministry of Land and Resources on Further Improving the Registration and Management of Mining Rights (Guo Tu Zi Fa [2011] No. 14), and the Notice of the General Office of the Ministry of Land and Resources on Implementing the Relevant Issues Concerning the Decentralization of the Examination and Approval of the Transfer of Mining Rights (Notice of the Ministry of Land and Resources on [2012] No. 66) and the Ministry of Land and Resources on the Relevant Issues Concerning the Filing of Mining Rights for the Mining Rights to Provide Debt for Other Debts (Guo Tu Zi Fa [2015] No. 56) and the Ministry of Land and Resources Notice on Amending the Notice of the Ministry of Land and Resources to Further Improve the Relevant Issues Concerning the Registration and Management of Mining Rights, Article 13 (Guo Tu Zi Fa [2015] No. 65), National Land The Notice of the Ministry of Resources on Amending the Notice of Article 25 of the Notice of the Ministry of Land and Resources on Further Improving the Registration and Management of Mining Rights (Guo Tu Zi Fa [2017] No. 29) shall be abolished at the same time.